HomeMy WebLinkAbout030 - 03/02/2004 - AMENDING THE CITY CODE CONCERNING THE PARKING OF MOTOR VEHICLES IN YARDS 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 the 2 of March, A.D. 04.
Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 2004.
Mayor
ATTEST:IML)k
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City Clerk