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HomeMy WebLinkAbout201 - 12/19/2006 - AMENDING SECTIONS 20-104, 20-105 AND 20-106 OF THE CITY CODE PERTAINING TO PARKING 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: Section1. That Section20-104 oftheCode oftheCityof FortCollins ishereby amended to read as follows: See. 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 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 20-105. Parking and storage of motor vehicles and recreational vehicles, nuisance 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 one (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 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. (d) 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- Section3. That Section 20-106 of the Code of the Cityof Fort Collins is hereby amended 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 or civil citation to a vehicle or trailer subject to this article parked in violation of§ 20-105. (b) Whenever any 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 vehicle or trailer shall take its registration number and any other information displayed on the vehicle or trailer which may identify its user and shall conspicuously affix to the vehicle or trailer a summons or civil citation notice directing the 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 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 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 vehicle or trailer charged with a violation of§ 20- 105 fails to respond to a summons or civil citation affixed to such vehicle or trailer, by appearance or payment pursuant to § 19-67, then default judgement will enter under § 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. �7✓ Mayor ATTEST: t City Clerk Passed and adopted on final reading on the 19th day of ember, A.D. 2006. J Mayor ATTEST: . )uL V V A City Clerk -4-