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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - ITEMS RELATING TO RECREATIONAL VEHICLE (RV) STORAG ITEM NUMBER: 28 A-C AGENDA ITEM SUMMARY DATE: December 5, 2006 FORT COLLINS CITY COUNCIL STAFF: Beth Sowder Teresa Ablao SUBJECT Items Relating to Recreational Vehicle(RV) Storage and Parking. RECOMMENDATION Staff recommends adoption the Ordinances on First Reading. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 199, 2006, Amending Sections 17-181 and 17-182 of the City Code Regarding Camping. B. First Reading of Ordinance No.200,2006,Amending Sections 1213 and 1214 of the Traffic Code Relating to Parking. C. First Reading of Ordinance No. 201, 2006,Amending Sections 20-104, 20-105 and 20-106 of the City Code Pertaining to Parking. Current ordinances regarding urban camping do not adequately address various issues that have arisen repeatedly over the years, and there is no ordinance that addresses RV parking and storage. The current City Code camping provisions (Sections 17-181 and 17-182) require a permit system that is not workable and prohibits some types of camping 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 vehicle, including RVs, at any time and anywhere, in the City. There is a need for clarification and definitions in order to properly address these subjects. In addition, due to the number of citizen complaints received regarding RV parking,storage and occupancy,Chapter 20 (Nuisances) should be amended. BACKGROUND At the September 12, 2006 Work Session, Council directed staff to move forward with the recommended Code changes regarding RV parking, storage and urban camping. The proposed amendments to Chapter 17 eliminate the camping permit requirement and redefine "camping" consistent with the definition. Further amendments will also allow temporary and intermittent camping on private property for 7 consecutive days and not more than 14 days in a calendar year. December 5, 2006 -2- Item No. 28 A-C The proposed amendments to the Fort Collins Traffic Code(FCTC)will continue to prohibit the use of vehicles for living and sleeping purposes on public property, streets and lots open to the public. A new section will prohibit the use of motor vehicles (including RVs and trailers) for living or sleeping purposes on private lots open to the public, to address people parking and living out of vehicles (e.g., buses, vans, trucks, and RVs) on the street and/or a parking lot or other public property, in lieu of a campground or other occupancy arrangements. Amendments to Section 1214 will allow parking RVs and trailers on the street for a 48-hour period for loading/unloading purposes and will prohibit parking of any RV or trailer in a manner that interferes or obstructs the view of any intersection or traffic control device. The proposed amendments to Chapter 20 will subject RVs and trailers to the same requirements that are contained in the current"parking on yards"ordinance by requiring RVs and trailers to be parked on an improved surface or be screened from public view by a solid fence,masonry,or shrubbery no less than six (6) feet high. This requirement addresses the quality of life issues in neighborhoods. ORDINANCE NO, 199, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 17- 181 AND 17- 182 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING CAMPING WHEREAS , City staff has indicated that there have been complaints from citizens regarding persons camping on private and public property; and WHEREAS , camping within the City, except as permitted under the City Code, is a nuisance and should be prohibited since unregulated camping poses a health and safety threat to the citizens of the City due to sanitation, noise and other behavioral issues ; and WHEREAS , City staff has recommended that the current camping ordinance be amended to provide a definition of camping, to clarify ambiguities and to provide a better enforcement tool; and WHEREAS , the Council does not believe that a general permit process for camping within the City is desirable but recognizes that intermittent camping on private property is not unreasonable when regulated as to number of days in a calendar year; and WHEREAS , Council finds the proposed amendments to the Code on this subject are in the best interest of the City and promote the public health, safety and welfare of the citizens of the City of Fort Collins . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 17- 181 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 17- 181 . Perinission required for caniping , location assignrdCamping on public property restricted. It shall be unlawful for any person to camp or ta-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 from +e ehief of Police and shall receive 11ROLI UdL10115 Mid directions ftom the effief of Police where to cmnp or locate suc 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. Section 2 . That Section 17- 182 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 17- 182 . Camping on private property restricted ; exceptions . ff any person having received stich permission to canip and felif of the State and eounty Boards of Public f f ealth and Environment and the terms of stieh person to eamp . Upon the pennission having been withdrawn, stteh person Camping within mch tent timst ccasc Such camping within six (6) hours after notice . (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 or a total of 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 Code, on private property for living or sleeping purposes unless : ( 1 ) such vehicle or trailer is located in a 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) such vehicle or trailer 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 or a total of fourteen ( 14) days in a calendar year. Introduced, considered favorably on first reading, and ordered published this 5th day of December, A. D . 2006, and to be presented for final passage on the 19th day of December, A. D . 2006 . Mayor ATTEST : City Clerk -2 - Passed and adopted on final reading on the 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk -3 - ORDINANCE NO, 200, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 1213 AND 1214 OF THE FORT COLLINS TRAFFIC CODE RELATING TO PARKING WHEREAS , the Fort Collins Traffic Code should be amended to generally prohibit the use of vehicles, including trailers and recreational vehicles, for occupancy on public property, rights-of- way and streets ; and WHEREAS , there are certain circumstances under which the use of vehicles or trailers for living and sleeping purposes should be permitted, such as with the permission of the parks department; and WHEREAS , such exceptions should be specifically set forth in the Traffic Code ; and WHEREAS , parking recreational vehicles or trailers on a City street or right-of-way presents hazards to pedestrians and motorists, and thus should be regulated to minimize such hazards; and WHEREAS , Council finds that the amendment proposed by City staff with regard to these subjects are in the best interest of the City and would promote the public health, safety and welfare of the citizens of the City of Fort Collins . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 1213 of the Fort Collins Traffic Code is hereby amended to read as follows : 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 or trailer, as defined in Section 20- 104 of the Code, on any street, roadway, parking lot open to the public, right-of-way or public property or for the purposes of occupancy thereofunless the same Shall nlect with all eity Naliftal Y and building code and occapancy of habitable living or sleeping therein except in compliance with the restrictions contained in Chapters 17 and 23 of the Code 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 . Section 2 . That Section 1214 of the Fort Collins Traffic Code is hereby amended to read as follows : 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) Niotot- conches , ti-aiici- coaches or mobiic honics when parked fot- a period (2) No person shall park any recreational vehicle or trailer on any street or public right-of-way in a residential district except for loading and unloading for no longer than a forty-eight (48) hour period, nor shall any person park or store any recreational vehicle or trailer anywhere in the city in such a manner as to obstruct or interfere with pedestrian or vehicle traffic or the view of any intersection or official traffic control device. (3) For purposes ofthis Section the term trailer sil all include any type ofwheele vehicle, regardless of the use for which it is designed, which is designed to be pulled by a motor vehicle. 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 residentialtemporary or permanent living or sleeping purposes . The terms recreational vehicle and trailer are as defined in City Code Section 20- 104 . Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D . 2006, and to be presented for final passage on the 19th day of December, A.D . 2006 , Mayor ATTEST : City Clerk -2- Passed and adopted on final reading on the 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk -3 - ORDINANCE NO, 201 , 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 20- 104, 20- 105 AND 20- 106 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO PARKING WHEREAS , Council has previously determined that the parking of vehicles in front and side yards that abut public streets presents a traffic safety hazard because no orderly ingress and egress to a public street is provided and because such parking practice promotes the tracking of mud and dirt onto the public street; and WHEREAS , such parking practices also present a disorderly and unappealing aesthetic appearance to the neighborhood; and WHEREAS, the parking and storage of recreational vehicles and trailers in front and side yards present the same hazards and aesthetic issues as the parking and storage of other vehicles, with an additional hazard of sometimes blocking or interfering with pedestrian and vehicular traffic and the view of traffic control devices ; and WHEREAS , City Council has determined that the parking of such vehicles and trailers in front or side yards that abut a public street is a general public nuisance and should be prohibited under the nuisance provisions contained in Chapter 20 of the City Code; and WHEREAS , Council finds that the proposed amendments to the Code on this subject are in the best interest of the City and promote the public health, safety and welfare of the citizens of the City of Fort Collins . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 20- 104 ofthe Code ofthe City ofFort Collins is hereby amended to read 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: Recreational vehicle shall mean a self-propelled vehicle, which is used, designed to be used, or modified to be used; for recreation, camping, travel or seasonal activities, including but not limited to motor homes, truck campers, busses, all terrain vehicles, snowmobiles, boats or other motorized watercraft. Trailer shall mean any type of wheeled vehicle that is pulled, or designed or modified to be pulled, by a motor vehicle, including but not limited to travel trailers, fifth wheels, camping trailers, tent trailers, horse trailers, boat trailers , utility trailers, and semi-trailers . Trailer shall also include camper shells and truck toppers and other like items designed to be attached to a wheeled vehicle for recreational, camping, travel or seasonal activity purposes . Section 2 . That Section 20- 105 ofthe Code of the City ofFort Collins is hereby amended to read as follows : Sec. 20- 105. 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 aone ( 1 ) 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 owned by the owner or occupant of the residential lot and 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 ) in a side or backyard placed behind sufficient screening, such as a solid fence, masonry wall or shrubbery, no less than six (6) feet high. (b) No person shall store or park any vehicle or trailer in such a manner as to obstruct or interfere with pedestrian or vehicle traffic or the view of any intersection or official traffic control device . (c) The parking of a motor vehicle, trailer, or recreational vehicle in violation of this Section is hereby declared to constitute a nuisance . (bd) 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. -2- Section 3 . That Section 20- 106 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 20406. 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 or civil citation to a motor vehicle or trailer subject to this article parked in violation of § 20- 105 . (b) Whenever any motor vehicle or trailer subject to this article without a driver is found parked, stored or stopped in violation of § 20- 105 , the code enforcement officer or police officer finding such metorvehicle or trailer shall take its registration number and any other information displayed on the motor vehicle or trailer which may identify its user and shall conspicuously affix to the motor-vehicle or trailer a summons an&or civil citation notice directing the drive owner 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 motervehicle 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 or trailer, or was an owner or occupant of the premises upon which the vehicle was found, shall constitute prima facie evidence that the registered owner or premises occupant was the person who parked or permitted the parking of the motor vehicle at the time and place of the violation. (d) If the driver or owner of a motor vehicle or trailer charged with a violation of § 20- 105 fails to respond to a summons andnotieeor civil citation affixed to such motor vehicle or trailer, by appearance or payment at the Municipai eourt, the eou elerk shall send another copy of the summons by mail to the registered owner's !as 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 eolorado ]Rules of ursuant to Sec . 19-67, then default judgement will enter under Sec . 19-73 . (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 shall preclude a code enforcement officer or police officer from serving a municipal summons or citation in any other manner permitted by law. -3 - Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D . 2006, and to be presented for final passage on the 19th day of December, A.D . 2006 , Mayor ATTEST : City Clerk Passed and adopted on final reading on the 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk -4-