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