28 Approval revising sections and adding a section to the Code of OrdinancesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
March 27, 2008 Code Enforcement Task Lisa A. Wright, Director of 28.
Council Date; Force Community Development
April 14, 2008
RECOMMENDED MOTION:
Motion to approve an ordinance revising Sections 31-81 and 31-82 and adopting a new
Section 31-83.1 of the Code of Ordinances to prohibit the parking of travel trailers and
other recreational vehicles on the street.
POLICY ISSUE~S~:
Ordinance
BACKGROUND:
On March 18, 2008, the Code Enforcement Task Force reviewed the existing ordinance
regulating the parking of vehicles in the street and recommended revisions thereto to
provide for the prohibition of the parking of travel trailers and other recreational vehicles
on the street. Complaints are filed regularly with both Code Enforcement and the Police
Department because these vehicles are being store on the street, thus inhibiting the use
thereof by typically occupying an entire lane of traffic. The proposed revisions will
prohibit this and thus eliminate this on-going problem.
BOARD/COMMISSION RECOMMENDATION:
The Code Enforcement Task Force recommended the adoption of a prohibition on the parking of travel
trailers and other recreational vehicles on the street.
EXHIBITS:
Proposed ordinance.
ACTION: BUDGET INFO:
^ Financial Report ^ Minute Order Expense $
^ Department Report ^ Resolution Budgeted Amt. $
^ Presentation ®Ordinance yTD Actual $
^ Public Hearing ^ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ®City Clerk ®Community Development ^ EMS/IT ^ Finance ^ Fire
^ Municipal Court ®Legal ^ Library ^ Police ^ Eng./Public Works ^ Utilities
City of Paris Revised 2/04/08
m 14~
DRAFT
a:attorney\ordwork\current\Parking of Recreational Vehicles Ord 2008
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTIONS 31-81 AND 31-82 OF ARTICLE IV, STOPPING,
STANDING AND PARKING OF CHPATER 31 OF THE CODE OF ORDIANNCES
OF THE CITY OF PARIS, TEXAS; ADDING A NEW SECTION 31-83.1
PARKING IN RIGHTS-OF-WAY OR ON SIDEWALKS; PROHIBITING THE
PARKING OF TRUCK TRACTORS, ROAD TRACTORS, TRAILERS, SEMI-
TRAILERS, BUSES OR ANY COMMERCIAL VEHICLES WITH A RATED
CAPACITY IN EXCESS OF ONE AND ONE-HALF TONS OR MORE AND
RECREATIONAL VEHICLES ON CITY OF PARIS STREETS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas created a Code Enforcement
Task Force made up of three (3) City Council members and fourteen (14) interested
citizens from the City of Paris to review and study various issues affecting the cleanliness
and appearance of the City of Paris; and
WHEREAS, at regular meetings of the Code Enforcement Task Force on March 18,
2008, the Task Force reviewed, discussed, and developed proposed regulations addressing
the parking of commercial vehicles and trailers and certain recreational vehicles on City
streets in residential zoning districts and has recommended that these amended
regulations be adopted by the City Council; and,
WHEREAS, the City Council having reviewed the recommendations of the Task
Force for amending and adding to Article IV, Chapter 31, of the City Code of Ordinances
hereby finds and determines that the changes recommended below are in the best interest
of the City of Paris and its citizens and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Section 31-81, of Article IV Stopping, Standing and Parking, of
Chapter 31 Traffic Code, of the Code of Ordinances of the City of Paris, Texas, be, and the
same is hereby amended to read as follows:
"IV. STOPPING, STANDING AND PARKING
"Sec. 31-81. Parking restrictions in residential area.
(a) It shall be unlawful for any person to leave, park or stand any truck
tractor, road tractor, trailer, semitrailer, bus or any commercial motor
vehicle with a rated capacity of one and one-half (1 1/2) tons or more
19~
according to the manufacturer's classification, or the equivalent thereof,
upon any public street, alley, parkway, boulevard or public parks within or
adjacent to any area zoned as either a One-Family Dwelling District (SF-1, SF-
2 or SF-3), Two-Family Dwelling District (2F) or Multiple-Family Dwelling
District (MF-1 or MF-2) under the zoning ordinance of the City. This section
shall not prevent the parking or standing of the above described vehicles in
such zoned areas for the purpose of expeditiously loading and unloading of
passengers, freight or merchandise, and provided this section shall not apply
to street construction, maintenance and repair equipment, trucks, rollers and
implements; to equipment, trucks, trailers and vehicles used by public
service utility companies engaged in repairing, maintaining or extending
public service utilities; and to motor buses when taking on or discharging
passengers at the customary bus stops.
(b) It shall be unlawful for any person to leave, park, or stand any motor
home, camper trailer, travel trailer, utility trailer, Fifth Wheel Trailer, horse
or livestock trailer, All-Terrain Vehicle, utility vehicle, boat or boat trailer, or
any other recreational type vehicle or trailer upon any public street, alley,
parkway, boulevard, or public park located within any area zoned as either a
One-Family Dwelling District (SF-1, SF-2 or SF-3), Two-Family Dwelling
District (2F) or Multiple-Family Dwelling District (MF-1 or MF-2) under the
zoning ordinance of the City. This section shall not prevent the parking or
standing of the above described vehicles or trailers in such zoned areas for
the purpose of expeditiously loading and unloading of passengers or
supplies.
Sec. 31-82. Prohibited for certain purposes.
No person shall park a vehicle upon any street or right-of--way for the
principal purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing, or repairing such vehicle, except repairs
necessitated by an emergency.
***
Sec. 31-83.1. Parking in rights-of-way or on sidewalks.
No person shall stop, stand, or park any motor vehicle, commercial or
recreational vehicle or trailer of any nature whatsoever in such a manner
that any portion of the vehicle or trailer rests within the unimproved public
right-of-way adjacent to a roadway or on a public sidewalk or curb. This
~~
provision is not intended to prohibit the lawful parking of motor vehicles
fully within the street.
***„
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty of
a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That this ordinance shall become effective immediately upon its passage
and publication as required bylaw.
PASSED AND ADOPTED this 14th day of April, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
1 ~z~