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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/12/2006 - RECREATIONAL VEHICLE PARKING/STORAGE AND URBAN CAM DATE: September 12, 2006 STAFF: Felix Lee WORK SESSION ITEM Beth Sowder FORT COLLINS CITY COUNCIL Teresa Ablao Lt. John Pino SUBJECT FOR DISCUSSION Recreational Vehicle Parking/Storage and Urban Camping. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED This session will focus on staff recommendations to change current ordinances to address proper parking and storage of Recreational Vehicles (RVs) and trailers, and persons using vehicles or trailers for residential purposes on public or private property. At the conclusion of the discussion, Council will be asked to answer the following questions: 1. Does Council wish to move forward with the proposed changes regarding RV storage and parking? 2. Does Council wish to move forward with the proposed changes regarding persons using vehicles or trailers for residential purposes on public or private property? 3. If so, does Council agree with the proposed timeline? BACKGROUND Staff believes the City's current ordinances regarding urban camping do not adequately address various issues that have arisen repeatedly over the years. In addition, the City does not currently have an ordinance that addresses RV parking and storage. The camping provision (Sections 17- 181 and 17-182) appears to require a permit system that is not workable and prohibits some types of camping that the City may not intend to prohibit. Similarly, the Fort Collins Traffic Code (FCTC), Section 1214, as currently written, appears to prohibit occupancy of any RV, at any time, in the City. Staff believes there is a need for clarification and definitions in order to properly enforce this code. In addition, due to the number of citizen complaints received, staff believes that Chapter 20 (Nuisances) should be amended to include provisions specific to RV parking and storage as well as occupancy of RVs. The Code sections cited above are in need of amendment in order to clearly prohibit or require that which the City intends to prohibit or require. Minor adjustments to both ordinances should be made as soon as possible to enhance enforcement. In addition, new and more comprehensive additions to the Nuisance Section of the Code are needed to sufficiently cover all concerns and issues currently experienced by citizens and law and code enforcement officers. September 12, 2006 Page 2 Description of recommended code revisions Staff recommends the following changes to the City Code and City Traffic Code: 1. City Code Chapter 20 changes. The provisions that pertain to Chapter 20 (Nuisances) involve parking and storage of RVs and trailers on residential property (as opposed to streets or any other public property). Staff recommends the RV and trailer parking provisions be added to Secs. 20- 104 through 106 and be consistent with the City's current "parking on yards" ordinance by requiring RVs and trailers to be parked on an improved surface or be screened from public view. This is an attempt to address quality of life issues in neighborhoods regarding storage of recreational vehicles and trailers. 2. Fort Collins Traffic Code. The provisions that pertain to the FCTC involve the use of vehicles for living purposes on public property, streets and lots open to the public. Staff recommends Section 1213.2 be added to prohibit the use of motor vehicles (including RVs and trailers) from being occupied for living or sleeping purposes on public property and private lots open to the public. This is an attempt to address issues involving people parking and living out of their vehicle (e.g., buses, vans, trucks and RVs) on the street or a parking lot or other public property for a few days in lieu of a campground or other occupancy arrangements. Staff is also recommending Section 1214 be amended to prohibit parking of RVs and trailers on the street except for loading/unloading in a 24 hour period and to prohibit parking of any RV or trailer in a manner that interferes or obstructs the view of any intersection or traffic control device. 3. City Code Chapter 17 changes. The provisions that pertain to Chapter 17 (Miscellaneous Offenses) involve camping on public and private property. Staff is recommending that 17-181 and 17-182 be amended to eliminate the permit process, re-define "camping" more clearly and consistent with the definition recently adopted by Council in the Natural Area regulations, and allow camping on private property in certain circumstances. This is an attempt to address the issues created by the old ordinance that established a permit system that was never implemented. It is also an attempt to accommodate the ability of people to allow temporary and intermittent camping in backyards or visiting relatives to occupy a camper on such property for 7 consecutive days and not more than 14 days in a calendar year. DISCUSSION For several months, staff from Neighborhood & Building Services, Zoning Services, Police Services, City Attorney's Office, and Transportation Services have continued the discussion and posed some recommendations for Council consideration. Prior to the most recent discussions, there have been several years of discussion at the Neighborhood Task Force meetings regarding similar issues due to difficulty in enforcing current City ordinances pertaining to camping and parking. September 12, 2006 Page 3 Staff has researched how other communities address RV storage/parking, occupancy, and urban camping issues (these communities include Greeley, Greenwood Village, Englewood, Boulder, Colorado Springs, Arvada, Vancouver WA, and more). The ordinances researched range from regulating the gross vehicle weight of vehicles permitted on city streets to imposing bans on camping anywhere in city limits unless zoned and licensed as a campground to allowing short duration camping in backyards limited to overnight or no more than 7 consecutive days. Some ordinances banned parking RVs anywhere on city streets, right-of-ways and parking lots, and some allowed them on private property only if they were screened from public view. Some included RVs and other vehicles in addition to tents and bedrolls within the definition of camping; some did not. After reviewing the research, staff found that portions of some ordinances adopted by other communities are desirable and would benefit the City of Fort Collins. Outreach Some stakeholders have been contacted in an effort to find out if the community would support this concept. Once staff has direction from Council, a much stronger outreach effort will be made, including: Coloradoan columns, City News articles, Neighborhood Newsletter, Colorado Apartment announcements, etc., so people will be informed about the changes prior to implementation. NEXT STEPS Should Council choose to move forward, the following dates have been reserved for First and Second Readings of the Ordinance changes: November 7, 2006—First Reading of decriminalization changes to ordinances December 5, 2006— Second Reading* *Second Reading is scheduled to be considered at the same meeting as Nuisance Code Decriminalization and Property Maintenance Code. ATTACHMENTS 1. City Code Article VII. Parking, Sec. 20-104, Sec. 20-105, and Sec. 20-106. 2. Traffic Code Section 1213.2 Parking for certain purposes prohibited. 3. City Code Sec. 17-181 and Sec. 17-182. 4. PowerPoint Presentation. ATTACHMENT I CODE OF THE CITY OF FORT COLLINS ARTICLE VIII . PARKING Sec. 20404. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Recreational vehicle shall mean a self-propelled vehicle, which is used, modified to be used, or designed to be used for recreation, camping, travel or seasonal activities, including but not limited to motor homes, truck campers, busses, ATVs, snowmobiles, boats or other motorized watercraft. Trailer shall mean any type of wheeled vehicle that is pulled, or modified or designed to be pulled, by a motor vehicle, including but not limited to travel trailers, fifth wheels, camping trailers, tent trailers, horse trailers, boat trailers and utility trailers . Sec . 20405. Parking and storage of motor vehicles and recreational vehicles, Nnuisance declared and prohibited. (a) No person shall park or store, or knowingly permit to be parked or stored, any unsheltered motor vehicle, trailer, or recreational vehicle, other than a motorcycle or moped in any yard of any residential lot for any purpose except the washing of such motor vehicle, trailer or recreational 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; or (3 ) is covered with a covering manufactured and designed for the particular vehicle or trailer or shall be placed behind screening or sufficient size, strength and density, such as a solid fence, trees or shrubbery, to screen it from the view of 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. The parking of a motor vehicle, trailer, or recreational 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, recreational vehicles or trailers shall constitute more than forty (40) percent of any front yard unless said improved area abuts only a street upon which parking is prohibited. 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, recreational vehicle or trailer parked in violation of § 20- 105 . (b) Whenever any motor vehicle without a driver is found parked, stored or stopped in violation of § 20- 105 , the code enforcement officer or police officer finding such motor vehicle, recreational vehicle or trailer 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, recreational vehicle or trailer 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, recreational vehicle or trailer charged with a violation of § 20- 105 fails to respond to a summons and notice affixed to such motor vehicle, recreational vehicle or trailer, by appearance or payment at the Municipal Court, the Court Clerk 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 . (e) This section provides an alternative method for service of a summons upon the owners of vehicles and trailers required to be registered by law. Nothing in this section precludes a code enforcement officer or police officer from serving a municipal summons in any other manner permitted by law. ATTACHMENT 2 FORT COLLINS TRAFFIC CODE Section 1213 Parking for certain purposes prohibited. (2) No vehicle shall be parked upo It shall be unlawful for any person to occupy any parked motor vehicle or trailer, as defined in this traffic code, or any parked recreational vehicle, as defined in Section 20- 104 of the City Code on any street, roadway, parking lot open to the public, right-of-way or public property within the eity timits for the purposes of occupancy thereof unless the same shall meet with alt eity sanitary and building code and occttpancy of habitabf C btfflditi -6 requirements living or sleeping therein except in compliance with the restrictions contained in City Code Chapters 17 and 23 related to camping. Incidental short-term napping in a vehicle during one twenty-four (24) hour period when such vehicle is parked shall not alone constitute occupancy for living or sleeping purposes . 1214. Parking certain vehicles in a residential zone prohibited. ( 1 ) No motor vehicle exceeding twenty (20) feet in length, or any trailer coach, recreational vehicle, mobile home, trailer, semi-trailer or truck tractor, or part of such vehicle, shall be parked or stored upon the street adjacent to any lot zoned R-E Estate Residential District, R-L-P Low Density Residential District, R-L-M Low Density Multifamily District, R-M Medium Density Residential District, R-H High Density Residential District, R-P Planned Residential District or R-M-P Medium Density Planned Residential District, except: (a) Commercial vehicles, when such vehicles are being expeditiously loaded or unloaded, or equipment on such vehicles is being used to perform the special operations for which it was designed, including, but not limited to, the construction, operation, removal or repair of utility or public utility property or facilities or public streets and rights-of-way; (b) Motor coaches, trailer conclics ot- tnobiic hoines wheti parked fot- a period less than forty- eight (4S) hours . (2) No person shall stand or park any recreational vehicle or trailer on any street or public right-of-way in a residential district except for loading and unloading within a twenty-four (24) hour period, nor shall any person stand, park, or store any recreational vehicle or trailer anywhere in the city in such a manner as to obstruct or interfere with the view of any intersection or official traffic control device . (3 ) For purposes of this Section the term trailer shall include any type of wheeled vehicle, regardless of the use for which it is designed, which is designed to be pulled by a motor vehicle. The term motor coach when used in this Section is defined as any wheeled motor vehicle which is a single self-contained unit, with motive powers, which is designated and generally used for occupancy by persons for residcntialtemporary or permanent living or sleeping purposes. The term recreational vehicle is defined in City Code Section 20- 104 . ATTACHMENT 3 CODE OF THE CITY OF FORT COLLINS MISCELLANEOUS OFFENSES ARTICLE X. Offenses Involving Camping Sec. 17-181 . Camping on public property restricted. It shall be unlawful for any person to camp or to pitch a tent or knowingly permit any person to camp or pitch a tent on public property within the City unless such person shall obtai I t from the ehief of mice and shall receive tent. Camping, for the purposes of this section shall mean to sleep or spend the night or reside or dwell temporarily with or without bedding or other camping gear and with or without shelter, or to conduct activities of daily living such as eating or sleeping, in such place unless such person is camping in compliance with Chapter 23 in a natural or recreation area. Camping shall not include incidental napping or picnicking. Sec. 17482. Camping on private property restricted ; exceptions . if any person having received such permission to camp and fent of the State and eounty Boards of Public f fealth and Environment and the terins of the permission to camp , then ttie ehief of Police shall withdraiW I to allolvv stich person to camp . Upon the pennission having been withdrawn, such person camping within mch tent nmst ccasc snch camping within six (6) hours after noticc . (a) It shall be unlawful for any person to camp or to knowingly permit any person to camp, as defined in Section 17- 181 , on private property within the city, except on the premises of a residential dwelling with the permission of the property owner and so long as the use is temporary and does not exceed a period of seven (7) consecutive days and in no event more than fourteen ( 14) days in a calendar year. (b) It shall be unlawful for any person to occupy any motor vehicle, recreational vehicle or trailer or knowingly permit any person to occupy any motor vehicle or recreational vehicle or trailer, as defined in Section 20- 104, of the City Code, on private property for living or sleeping purposes unless : ( 1 ) it is located in manufactured home park or RV park or campground where vehicle spaces are provided and where such occupancy does not violate any other City, state or federal regulation; or (2) it is located on the premises of a residential dwelling in compliance with Section 20- 105 and the occupancy thereof is with the permission of the property owner and does not exceed seven (7) consecutive days and in no event more than fourteen ( 14) days in a calendar year. Recreational Vehicle Parking / Storage & Urban Camping City of Fort Collins Work Session September 12 , 2006 Teresa Ablao, Assistant City Attorney Lt. John Pino, Fort Collins Police Services Beth Sowder, Neighborhood Services Manager Direction Sought Does Council wish to move forward with the proposed changes regarding RV storage and parking ? Does Council wish to move forward with the proposed changes regarding persons using vehicles or trailers for residential purposes on public or private property ? If so , does Coy, - agree with the proposed tim ,r Background Current ordinances not adequate Camping provision requires a permit system that is not workable ort Collins Traffic Code ( FCTC ) needs clarification and definitions Chapter 20 ( Nuisances ) should be amended to include RV parking an storage requirements and occupancy a ments 3 Chapter 20 Amendments ♦ Address parking and storage of RVs and trailers on residential property ♦ Render parking section consistent with the City 's current " parking on yards " ordinance . Parked on improved surface , or Screened from public view 4 Fort Collins Traffic Code Amendments Add an additional Sec . 1213 . 2 to : - prohibit the use of RVs and trailers from being occupied for living or sleeping purposes on public property or private lots open to the public Amend Sec . 1214 to : - Allow only 24 hour loading/ unloading period when parked on public streets - Cannot park in a way that obstructs the vie of any intersection or traffic control device 5 Chapter 17 Amendments Change Sec . 17 - 181 to . - Eliminate the permit process - Re - define " camping ' . Allow camping on private property in certain circumstances . Temporary and intermittent camping in backyards or visiting relatives/ friends for 7 consecutive days and not more than 14 days in a year 6 Collaborative Effort Neighborhood & Building Services ;w. Police Services oning Services ity Attorneys Office Transportation Services lv Also , discussed for several years at Neighborhood Task Force meeting Research Staff has researched many other communities including : - Greeley - Greenwood Village - Englewood - Boulder - Colorado Springs - Arvada - Vancouver, WA Found portions from other communities ' ordinances are desirable and would benefit Fort Collins ; Outreach Some stakeholders have been contacted Coloradoan column Once staff has direction from Council , a much stronger outreachFFFF effort will be made ( Coloradoan , City . News , Neighborhood Newsletter, CAA announcements/trainings , eighborhood meetings , etc . ) 9 Timeline November 7 , 2006 - 1st Reading of Ordinance Changes December 5 , 2006 - 2nd Reading * We rescheduled 2nd reading so that i would occur during the same meeting a ' Nuisance Code Decriminalization . Implementation would occur 10 days following 2nd reading with outreach occurring between now and then . o Direction Sought Does Council wish to move forward with the proposed changes regarding RV storage and parking ? z . Does Council wish to move forward with the proposed changes regarding persons using vehicles or trailers for residential purposes on public or private property ? If so , does Council agree with the proposed timeline ? �i. 11