The new tractor-trailer parking ordinance approved by Trinity City Council not only limits parking in residential areas to truckers who had previously applied for a permit, it prohibits any future truckers from parking in residential areas.

The new ordinance was passed 6-2 at the April 20 meeting with Council members Karen Bridges and Tyler Earnst dissenting because they are opposed to trucks parking in residential areas.

The original zoning ordinance, passed in August, banned all tractor-trailer parking in the city with the exception of those loading, unloading or providing a service. After truckers protested in September, the Council placed a moratorium on enforcement of the ordinance. An ordinance based on a street’s ability to carry a heavy load was developed in January and proposed in February, but was never voted on. Instead, a permit system that would grandfather existing truckers was proposed by Councilman Kelly Grooms.

The Council met at a special meeting in March to clarify what the permits would allow, and the new ordinance was presented to Council by Planning and Zoning Administrator Adam Stumb at the April 20 meeting. It is similar to the ordinance passed in August 2009 in that it also bans truck parking on all public streets, in rights-of-way and in residential areas, except for those loading, unloading or providing a service.

The new ordinance also prohibits the parking of trailers containing hazardous materials.

However, the ordinance presented does allow each trucker who applied for a permit between Feb. 16 and March 18 to continue parking one tractor and one trailer at their residence provided they own their property and meet eligibility requirements.

“The permit can be transferred to an owner’s new truck, but not between people or property,” Stumb explained.

This allows the owner to purchase a new truck and still be within the bounds of the law, but the permit cannot be transferred to another person and will expire immediately if the trucker moves.

“This also includes having no outstanding code enforcement violations for the city or county,” Stumb added. “While the permit is being considered, there will be no code enforcement.”

Only “eligible” applicants will qualify for the permits. Eligibility includes having previously applied for the permit, being the owner of the property or the spouse or child of the owner and residing at the property where the truck will be parked. Applicants must own the truck and hold a valid commercial driver’s license.

This means there could be multiple trucks on one property if all residents were truckers, have applied for a permit and meet eligibility requirements.

During the public hearing, the requirement that the truck be owned, not leased, came under attack.

“This ordinance is just not going to work for a lot of drivers,” said Wayne Hill. “These ordinances are good for some people and not for others. I can’t park my truck somewhere else, and I do not own my truck, I lease it, nor do I want to buy it, but I do own my own property.

“There’s a lot of drivers here that do not own their trucks but do own their property. It’s just not gonna work for me, and we’ve gotta come to some kind of understanding. I gotta work and that’s what I do for a living.”

Ed Lohr said the Council should “dump this ordinance.”

“If the city were a business someone would have been fired,” Lohr added. “If you’re on your own property you should be able to have trucks.”

Jim Barker, longtime truck parking opponent, told Council that this ordinance “has been beat to death ... but I do not believe trucks should be in residential areas.”

Another long opponent of truck parking, Jerry Sturgis, said that when he bought his home in 1999 there were no trucks parking in the neighborhood.

“If there had been (a truck) I would not have bought it,” Sturgis said. “When you have a truck next to you, you appreciate your home. I’ve already talked to the people in Randolph County and we want to put a complaint and get a tax assessor come down and redo our taxes, because it does devalue it.”

Sturgis added that he had nothing against Lohr, who has been in Trinity for well over 30 years, and that he had done a good job making a living.

Council discussion was brief, and mostly centered on the situation with leased trucks.

“I had assumed if the truck was on the property they owned it,” Councilwoman Linda Gantt ventured. “Maybe we need to ...”

“That’s what we were just talking about,” Councilman Barry Lambeth jumped in.

“I don’t have a problem as long as you own the property,” Councilman Robbie Sikes continued.

Councilwoman Kristen Varner again broached the idea of simply allowing truckers who live on more than 2.5 acres in the residential-agricultural zoning district to park tractors and trailers without a permit.

“Only in RA, and only to continue until the zoning changes in that area,” she clarified.

Councilman Kelly Grooms, who suggested the permits at the Feb. 16 meeting, shook his head. “I’m going to stay with the same motion I made, so that way it phases out.”

Any other way would place an undue burden on staff, he added.

Varner countered that there would be no burden, parking would just be allowed in RA until the zoning changes. However, Grooms leaned forward and made a motion to approve the ordinance presented by staff, with the caveat that property owners who lease trucks be allowed to park so long as they continue to own their property.

Sikes seconded and Council approved it in the 6-2 vote.

Council then voted to repeal the ordinance passed in August 2009, and nullified all code enforcement violations that occurred while it was in force.

After the vote, Mayor Carlton Boyles told the audience that they may not agree with everything the Council had done, but that Council had done the best they could to be fair to all involved.

“The Council has really labored with this, but it’s very difficult to please everybody, in fact it’s almost impossible,” Boyles concluded.

City Manager Ann Bailie told the NEWS that prior to issuing permits, the city will write letters to all who applied for a permit and make site visits to ensure that all applicants meet the eligibility requirements.

Enforcement is complaint driven.