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12 OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 8/18/08 Code Enforcement Task Lisa A. Wright, Director of Council Date: Force Community Development 12. 8/25/08 RECOMMENDED MOTION: Approve an ordinance adopting a new Article II to Chapter 22 of the Code of the Ordinances entitled "Regulations for Special Vehicles." POLICY ISSUE(S): Ordinance BACKGROUND: On August l, 2007, the Task Force on Code Enforcement identified the ordinance regulating recreational vehicles as one they wished to review during the course of their work. The existing ordinance was written in 1970 or earlier, and it states that no travel trailer is permitted to be parked anywhere inside the city limits. On June 3 and July 1, 2008, the Task Force considered revisions to the ordinance and recommended various changes, including (1) prohibiting recreational vehicles from being parked in front yards, (2) limiting the period of time RVs can be inhabited for any reason, (3) requiring that RVs be maintained in good condition and be operable, (4) prohibiting RVs from being parking in rights-of-way or over property lines, etc.. The proposed ordinance does allow owners of RVs that are parked on property within the city limits on the effective date of the new ordinance to, within 90 days, register their vehicles at no cost and be exempt from the front yard parking prohibition, unless visual hazards warrant the Police Chief to deny the request. There is also a provision for a variance to the requirements of the ordinance. BOARD/COMMISSION RECOMMENDATION: The City Council Task Force on Code Enforcement has recommended adoption of to the ordinance regulating recreational vehicles. EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - UUUO I V D RAFT Attorney\ordwork\current\Amend Art [I Chapt 22 - Recreational Vehicles ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REPEALING ARTICLE II OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS AND ADOPTING A NEW ARTICLE II ENTITLED REGULATIONS FOR SPECIAL VEHICLES; TO CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING NEW REGULATIONS FOR THE PARKING AND STORAGE OF SPECIAL VEHICLES INCLUDING BUT NOT LIMITED TO: MOTOR HOMES, BUSES, TRAVEL TRAILERS, CAMPER TRAILERS, CAMPER SHELLS, UTILITY TRAILERS, HORSE OR LIVESTOCK TRAILERS, FIFTH WHBEL TRAILERS, BOATS, GOLF CARTS, ALL TERRAIN VEHICLES, UTILITY VEHCILES OR OTHER SIMILAR VEHICLES; 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 a regular meetings of the Code Enforcement Task Force on March 18, 2008, June 3, 2008, and July 1, 2008, the Task Force reviewed, discussed, and developed proposed regulations addressing special vehicles which includes motor homes, motor houses, campers, camper shells, boats, recreational vehicles, fifth wheel trailers or other similar vehicles in the City of Paris and has recommended that these regulations be adopted by the City Council and by amending Article II of Chapter 22, Travel Trailers and Motor Homes, to the Code of Ordinances of the City of Paris; and, WHEREAS, the City Council having reviewed the recommendations of the Task Force for amending Article II, to Chapter 22, 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 Article II, Travel Trailers and Mobile Homes, of Chapter 22 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby repealed. 1 " 000071 Section 3. That a new Article II, Chapter 22 of the Code of Ordinances of the City of Paris, Texas, be and the same is hereby adopted to read as follows: "ARTICLE II. REGULATIONS FOR SPECIAL VEHICLES "Sec.22-21. Definitions. Special vehicle. As used herein, shall include but is not limited to: a motor home, bus, travel trailer, camper trailer, camper shell, utility trailer, horse or livestock trailer, Fifth-Wheel Trailer, boat, golf cart, All Terrain Vehicle, Utility Vehicle, or other similar vehicle or trailer. Sec. 22-22. In general. (a) It shall be unlawful for any person to park or store or allow another to park or store a special vehicle in any part of a residential yard except the side or rear yard. (b) No special vehicle may be used for housekeeping, living, sleeping quarters, or for the storage of personal property not normally associated with the use of the special vehicle; provided, however, a special vehicle may be used for temporary living and sleeping quarters under special circumstances for a period not to exceed seven (7) consecutive days or a total of fourteen (14) days during a calendar year. (c) Special vehicles must be maintained free of rust, peeling or missing paint, broken or missing windows, flat or missing tires, and excess dirt or grime. (d) Special vehicles must be in operable condition. (e) Special vehicles that require a license, registration, or permit, shall be properly licensed, registered, and shall display the required permit. Special vehicles which require annual registration or inspection are subject to the junked vehicle ordinance. (o All equipment or attachments necessary to operate the special vehicle must be in place and operational. (g) Stored special vehicles must be secured with wheel stops or maintained so as not to present a safety hazard to the neighborhoods in which they are located. (h) No part of any parked or stored special vehicle may extend over a public easement or right-of-way or adjoining private property or be located 00OQ72 within any portion of the side yard or rear yard which is within ten (10) feet of a structure located on an adjoining lot. Sec. 22-23. Registration of special vehicles; exceptions. (a) Special vehicles which are currently located on property within the city limits as of the effective date of this ordinance may, within ninety (90) days thereof, register their special vehicle with the Community Development Department. There shall be no fee for this registration. (b) Special vehicles which are registered within said ninety (90) day period will be exempt from the provisions of Section 22-21(a) of this ordinance unless their placement is considered a safety hazard by the Chief of Police due to a sight obstruction created by the special vehicle. (c) This exemption shall apply only to the identified special vehicle registered at a specific location. The exemption is not transferable to other special vehicles or other locations. (d) It shall be unlawful for any person to park or store or allow another to park or store a registered or unregistered special vehicle in any part of a yard that is located within eleven (11) feet of the curbline or, if no curbline exists, within eleven (11) feet of an existing roadway or pavement edge without a variance as provided in Section 22-23 hereof. Sec.22-24. Variance. (a) The procedure for seeking variances to this Article shall be the procedure established in Section 16 of Zoning Ordinance No.1710. (b) A variance may be granted if the board of adjustment finds that all of the following conditions apply: 1. Unique circumstances exist on the property that make application of specific items in this Article unduly burdensome on the applicant, 2. The variance will have no adverse impact on current or future development, 3 .000073 3. The variance is in keeping with the spirit of the these regulations and will have a minimal impact, if any, on the surrounding land uses, 4. The variance will have no adverse impact on the public health, safety, and general welfare, and 5. A financial hardship shall not be considered a basis for the granting of a variance." Section 4. 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 5. 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 6. 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 7. 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 8. Introduced, read and passed on first reading on August 25, 2008, at a regular meeting of the City Council of the City of Paris and on second reading on September 8, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 8th day of September, 2008. Jesse James Freelen, Mayor 4 000074 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 00rT7r