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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2004 - SECOND READING OF ORDINANCE NO. 030, 2004, AMENDIN ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: March 2, 2004 FORT COLLINS CITY COUNCIL STAFF: Rich Kopp Larry Schneider SUBJECT Second Reading of Ordinance No. 030, 2004, Amending Chapter 20, Article VII of the City Code Concerning the Parking of Motor Vehicles in Yards. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,which was adopted 6-0(Mayor Pro Tern Bertschy was absent)on First Reading on February 17, 2004, amends Article VII of Chapter 20 of the City Code to: redefine "yards"; expand the prohibition against parking on lawns to all yards of all residential properties; make allowances for unimproved driveways that access a garage; clarify the term "permanent border"; limit to front yards only the "40 percent rule" for improving parking areas; allow for the issuance of citations to the owners of illegally parked cars, as well as to the owners of the properties on which the cars are parked; and allow Code enforcement officers the right of entry onto private property to issue citations. ORDINANCE NO. 030, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLE VII OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE PARKING OF MOTOR VEHICLES IN YARDS WHEREAS,by Ordinance No. 140, 2002, the Council adopted Section 20-105 of the Code of the City of Fort Collins concerning the parking of motor vehicles; and WHEREAS, the Council has determined that certain amendments to Article VII of Chapter 20 of the Code should be adopted for the purpose of modifying the foregoing prohibition and clarifying ambiguous language. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That a new Section 20-104 of the Code of the City of Fort Collins is hereby added to read in its entirety as follows: Sec. 20-104. Definitions. The following words,terms and phrases,when used in this Article,shall have the meanings ascribed to them in this Section. Lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, occupied or designed to be occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated right-of-way,private street or private drive,any of which is at least twenty (20) feet wide at all points. Motor vehicle shall mean any self-propelled vehicle which is designed primarily for the transportation of persons and/or property over public roads, and commonly used for such purpose, but does not include motorized bicycles, wheelchairs or vehicles moved solely by human power. Unsheltered shall mean located outside a garage or other building in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property. Yard shall mean the open space between buildings and property lines at the front,rear and sides of a property. The front yard shall be considered to be the yard between the street abutting the lot and an imaginary line running along the front edge of the building closest to the street and extending to the side property lines. On a corner lot, the front yard shall be considered to be the yard abutting the shorter street right-of-way. The rear yard shall be considered to be the area located on the opposite side for the lot from the front yard. The side yard shall be considered to be that portion of the yard which is neither the front nor the rear yard. Section 2. That Section 20-105 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-105. Nuisance declared and prohibited. (a) No person shall park, or knowingly permit to be parked, any unsheltered motor vehicle other than a motorcycle or moped in any yard of any residential lot for any purpose except the washing of such motor vehicle,unless such motor vehicle is parked: (1) on a portion of the lot which provides direct access to a garage from a street,or(2) on an improved area having a surface of asphalt, concrete,rock,gravel or other similar inorganic material,with a permanent border that defines the parking area and that is designed and constructed to prevent loose material, such as rock or gravel, from spilling onto any abutting public street or sidewalk. The parking of a motor vehicle in violation of this Section is hereby declared to constitute a nuisance. (b) No yard area that is improved after October 10, 2002, to allow for the parking of motor vehicles shall constitute more than forty percent(40%)of any front yard,unless said improved area abuts only a street upon which parking is prohibited. Section 3. That a new Section 20-106 of the Code of the City of Fort Collins is hereby added to read as follows: Sec. 20-106. Right of entry granted. (a) Code enforcement officers and police officers are hereby authorized to enter upon any premises in the city, excluding the interior of a dwelling unit or other enclosed building, for the purpose of affixing a summons to a motor vehicle parked in violation of § 20-105. (b) Whenever any motor vehicle without a driver is found parked or stopped in violation of§ 20-105,the code enforcement officer or police officer finding such motor vehicle shall take its registration number and any other information displayed on the motor vehicle which may identify its user and shall conspicuously affix to the motor vehicle a summons and notice directing the driver to respond and answer the charge at a place and time specified in said notice. (c) In any prosecution charging a violation of any provision of this Section, proof that the particular motor vehicle described in the notice was parked in violation of such provision, together with proof that the defendant named in the notice was at the time of such violation the registered owner of the motor vehicle, shall constitute prima facie evidence that the registered owner was the person who parked the motor vehicle at the time and place of the violation. (d) If the driver or owner of a motor vehicle charged with a violation of § 20- 105 fails to respond to a summons and notice affixed to such motor vehicle, by appearance or payment at the Municipal Court, the Clerk of the Court shall send another copy of the summons by mail to the registered owner's last known address by certified mail,return receipt requested,not less than five(5)days prior to the time the registered owner is to appear, pursuant to Colorado Rules of Municipal Court Procedure 204. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on t e day of March, .D. 2004. Mayor. ATTEST: e City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: February 17, 2004 FORT COLLINS CITY COUNCIL STAFF: Rich Kopp Larry Schneider SUBJECT First Reading of Ordinance No. 030, 2004, Amending Chapter 20, Article V11 of the City Code Concerning the Parking of Motor Vehicles in Yards. Alf RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The proposed amendments to Article VII of Chapter 20 of the CitX,Code would: redefine "yards"; expand the prohibition against V eways parkiilg-- in tO all;yarids of all residential properties; make allowances for unimproved d *at access ;i�garage; clafify the term "permanent border"; " limit to front yards only the "44ercelit A e" f&.1rulftoving parkmg areas; allow for the issuance of citations to the owners of illegally parked cars, as well as to the owners of the properties on which the cars are parked; and allow Code enforcement officers the right of entry onto private property to issue citations. BACKGROUND Section 20-105 of the City Codewas.passej,.-m Decmbc of,2002 iaorder to prohibit residents from parking cars on lawns, which ij de* tion,unless residents who wish kunsightit and c6sek ya W�' iQra to park cars in yards improvi*,6e surfac e of t** y w ith gr#,v el, rock or some other inorganic surface, and place a border aroZ6d.the ind!:*0y6d surface. In the past few months of enforcement, there have been a number of staff questions regarding the Code's language and definitions. These amendments will address some of those issues. This Ordinance restructures Article V11 of Chapter 20 of the Code pertaining to parking on lawns, as follows: • The Ordinance provides additional definitions in a new Section 20-104 for "lot", "motor vehicle", and unsheltered" vehicles (similar to the one used in the Code regulations pertaining to inoperable vehicles) and "yard." Section 20-105 is then revised to prohibit the parking of unsheltered motor vehicles in all yards unless the vehicles are "sheltered" (screened from view)or are parked on an improved surface February 17, 2004 -2- Item No. 20 with a border. The present language says that the parking ban only applies to front yards and side yards that abut a public street. Staff believes that the parking ban should apply to any yards that are visible from a public right-of-way or from the ground level of abutting properties. The change will also aid enforcement by eliminating the need to determine which is a side yard, front yard or back yard. • The Ordinance extends the prohibition against parking in yards to any type of residential lot. The current language says the prohibition pertains only to single- family homes or duplexes. • The Ordinance clarifies t o deft io".' 'A " Aianent border" that is required for improved areaslu yards Mere vAic�s can la4lly be parked. Language is added to require that theb6rder detlfie the parking area and be designed to prevent loose material from spilling onto streets. • The Ordinance limits the prohibition against converting more than 40%of a yard to a parking area so that the rule would apply only to front yards(excluding those front yards where the improved area abuts a street where parking is prohibited). Side yards and back yards could still be devoted in their entirety to unsheltered parking,as long as these areas are improved and have a border. This change is recommended for side yards because the-revised dpfimtjon e .sid#-vard �,has reduced the size of the area considered to bie'the side; ard. ui F A..., • The Ordinance ii etudes ari`exce `'tiodfor cars paged on dirt driveways,as long as the driveways provided direct access to a garage. Without this exception,a large number of homes in the Old Town area would be in violation of City Code. Many such homes have unimproved dirt or grass driveways leading to the garage. • The Ordinance specifically gives enforcement officers the right to enter private property where cars are illegally parked on lawns to issue citations for violations of these Code provisions. Because the prohibition againO-parking unsh ter to ,ehkes in back yards is new, staff intends, during the first year (*f so of en l arcing# a IcularUrt of the new Code provisions, to issue warnings rather than citartWs i1Fcars are ylteg y parked back yards.