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HomeMy WebLinkAboutOrdinance-1984-0576INTRODUCED BY COUNCILMEMBER SNOW ORDINANCE NO. 576 Series of 1984 TITLE: AN ORDINANCE AMENDING SECTION 27.1 OFF-STREET PARKING REQUIREMENTS OF APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY ADDING THERETO SECTION 27.1(A)(19), PARKING OF "MAJOR VEHICLES" AND PROVIDING METHODS OF ENFORCING SAID ADDED SECTION 21.1(A)(19), AND ADDING THERETO SECTION 27.1(A)(20), PARKING OF MAJOR VEHICLES WITHIN COMMERCIAL DISTRICTS WHEREIN A SPECIAL USE PERMIT HAS NOT BEEN GRANTED AND PROVIDING PENAL'T'IES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 27.1 of Appendix A of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 27.1(A)(19) "Parking of 'Major vehicles':" "(a) It shall be unlawful for any person to park or store, or allow the parking or storing of, a major vehicle upon any property located and situate within the City of Wheat Ridge, or upon any dedicated public street or road, or private street or road, or public right-of-way or easement or park within the City of Wheat Ridge except as hereinafter specified. (b) For the purposes of this Section 27.1(A), 'Major Vehicle' is defined as any vehicle (1) eight feet or more in width, and/or (2) twenty-five feet or more in length, or (3) regardless of size, a truck tractor or semi-trailer, or (4) any vehicle licensed in the State of Colorado, or required to be licensed by the Colorado Department of Motor Vehicles in Colorado, or, if not a Colorado vehicle, which would otherwise be required to be licensed by the Department of Motor Vehicles in Colorado, under any of the categories COMM, GTM, Metro, apportioned, or farm. (c) Notwithstanding the foregoing provisions, the following exceptions apply to the provisions of this Section 27.1(A)(19): 1. Any major vehicle in immediate and active use, or in the process of actively being loaded or unloaded; 2. Fire trucks, ambulances, emergency rescue vehicles, tow trucks, and other emergency vehicles in use; 3. Passenger buses or vehicles owned or operated by regulated or governmental or quasi- governmental corporations or entities or agencies or public or private schools and/or churches, provided that said buses or vehicles are parked on the property owned by the governmental or quasi-governmental corporation or entity or agency, or church or school. ORDIPTANCL NO. 576 PAGL TWO 4. Motor homes or recreational vehicles if parked or stored upon the property of the owner, or if saia vehicles are owned by one other than the property owner where parked, if said motor vehicles or recreational vehicles are stored or parked on said private property with the knowledge and consent of the property owner; provided that no more than two such vehicles are stored on any such lot or parcel at any one time, and said vehicle is parked eight feet or more inside the front property line; except that, for the purpose of allowing the loadinq or unloading of any motor home or recreational vehicle, such motor home or recreational vehicle may be lawfully parked on a public street directly in front of the property of the owner of the vehicle, or directly in front of the property of the person or persons being visited by the owner or operator of the vehicle, for a maximum period of fourteen hours, no more frequently than once in each two-week period. 5. Passenger or other vans or pickup trucks bearing COMM, Hetro, or farm license plates if the vehicle in question is used by the owner as a personal transportation vehicle when the same is not beinq utilized for business or commercial purposes. 6. Any major vehicle parked in or upon property upon which a special use permit is granted authorizing the parking of commercial semi-trailers and trailers pursuant to Sections 18(B)(1)(d) and 19(B)(1)(c) of Appendix A of the Code of Laws of the City of Wheat Ridge, or any major vehicle parked at the Union 76 Truck stop. 7. Any equipment, implements, machinery, and/or large trucks, trailers, and/or semi-tractor trailers authorized pursuant to Sections 14(A)(16) and 15(A)(18) of Appendix A of the Code of Laws of the City of Wheat Ridge; 8. Any major vehicle parked or stored upon property wherein the use or storage of said major vehicle is related to the transportation needs of the business conducted on such property; 9. No provision of this Section 27.1(A)(19) shall apply upon state highways within this municipality. (d) Lnforcement. Notwithstanding any other provision of the Model Traffic Code or of the Code of Laws of the City of Wheat Ridge, any major vehicle as defined herein which is parked or stored in violation of the provisions of this Section 27.1(A)(19) shall be subject to being towed and stored, at the owner's sole expense, by a towing contractor selected by the Chief of Police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by said illegally parked major vehicles, and to protect the aesthetic integrity of the various zoned districts and neighborhoods within the City of Wheat Ridge. In addition to the right to tow said illegally parked major vehicles, authority is granted to impose administrative charges upon the owner or operator of said illegally parked vehicle, or the owner of the property allowing or permitting such illegal parking, subject to the following requirements: ORDINANCL NO. 576 PAGE ThREL 1. To defray the cost of enforcement of this provision, a charge of Fifty Dollars ($50.('0) shall be imposed for the first offense, one hundred Dollars ($100.00) for the second offense, iwo hundred Dollars ($200.00) for the third offense, and Three Tiundred Dollars ($300.00) for the fourth or subsequent offenses. 2. Any person subjected to said administrative charges who objects thereto shall be entitled to either; a. have the right to request a hearing before the Chief of Police, which hearing shall be held no less than seventy-two (72) hours after the making of said request; or b, have a summons and complaint issued to him directing his appearance in the Wheat Ridge Municipal Court. If found guilty in the Wheat Ridge Municipal Court of violating the provisions of this Section 27.1(A)(19), or if a guilty plea is entered thereto, the Court shall impose fines as specified in Section 27.l(A)(19)(d)(1) hereof. No vehicle shall be released from storage after towing unless and until all towing and storage charges have been paid, and all administrative charges specified in Section 27.1(A)(19)(d)(1) hereof have been paid, or evidence is presented from the Chief of Police or the Municipal Court that the rights granted under Section 27.1(A)(19)(d)(2) hereof have been invoked. In the event any towing has been found to be improper all costs for towing and storage shall be reimbursed by the City to the owner." Section 2. Section 27.1 of the Code of Laws of the City of Wheat Ridge is hereby amended by the addition of the following Section 27.1(A)(20) "Parking of Major Vehicles Idithin Commercial Districts Wherein a Special Use Permit Has Not Peen Granted;" "(a) It shall be unlawful for any person to park or store or to allow the parking or storing, of, a major vehicle upon any property located and situated within the Commercial-One (C-1) or Commercial-Two (C-2) zoned districts of the City of Wheat Ridge, or upon any dedicated public street or road, or public right-of-way or easement, or park, within such C-1 or C-2 zoned district unless the property upon which the vehicle is parked or stored is the subject of an approved special use permit as required under either Section 18(B) or Section 19(B) of Appendix A of the Code of Laws of the City of Wheat Ridge. (b) For purposes of this section, 'major Vehicle' is defined as any vehicle: Defined in either Section I8(B)(1)(e) or section 19(B)(1)(6) of Appendix A of the Code of Laws of the City of Wheat Ridge. (c) Any vehicle parked or stored in violation of the provisions of this section 27.1(A)(20) shall be subject to the enforcement provisions of Section 27.1(A)(19)(6) of this Section 27.1. (d) An exception to the above shall be any Major Vehicle parked in or upon the Union 76 Trick Stop property." ORDINANCE NO. 576 Section 3. The provisions 27.1(A)(19) and 27.1(A)(20) temporary use permit by the Wheat Ridge. PAGE FOUR and requirements of section shall not be subject to variance or Board of Adjustment of the City of Section 4. It is the intent of the City Council of the City of Wheat Ridge that the modifications herein stated shall apply to all property, whether public or private, and shall be enforceable upon all such property, whether public or private, within the city of 14heat Ridge, Colorado. Section 5. Any provision of the Model Traffic Code as adopted by the City of Wheat Ridge or any other provision of the Code of Laws of the City of Wheat Ridge in conflict with any of the provisions contained herein is hereby expressly repealed. Section 6. safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of 6vheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to any other persons or circumstances. Section R. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 14th day of May, 1984, ordered published in full in a newspaper of a.eneral circulation in the City of Uheat Ridge and Public hearing and consideration on final passage set for Monday, June 25, 1984, at 7:30 p.m. at Chambers, 75100 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 25th day of June, 1984. SIGNED by the Mayor on this 26th clay of June, 1984. Frank Stites, Mayor ATTEST: %~Ta-nda Sang, City Cl4rk ORDINANCE NO. 576 _ 1st Publication 2nd Publication (Wheat Ridge Effective Date: May 24, 1984 _ July 5•_194_ Sentinel) July 6, 1984 APPROVED AS TO FORM BY OFFICE OF CITY ATT(JRNE Y: I F ~1n. Johr/E. Hayes PAGE FIVE. CD c_ r C CA