A. It is unlawful for any person to park any motor vehicle or trailer on a public street for the purpose of sleeping therein or maintaining the same as a temporary or permanent residence.

B. It shall be a defense to a charge under this section that the offense was necessitated by a temporary emergency situation and that no reasonable alternative was available to the defendant under the circumstances.

C. The first two charges under this section for any individual within a twelve (12) month period shall be infractions. Thereafter all charges within twelve (12) months of a previous charge shall be misdemeanors.