HomeMy Public PortalAboutORD-CC-2017-35ORDINANCE #2017-35
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 10
VEHICLES AND TRAFFIC, CHAPTER 10.04 VEHICLE CODE; SPECIFICALLY AMEDNING
SECTION 10.04.230 TO DEFINE IDLING VEHICLES AND PARKING RESTRICTIONS.
WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially
Chapter 10.04, also known as "Vehicles and Traffic" in an effort to promote safe use of all City streets
and vehicles within the City limits; and.
WHEREAS, from time to time the City has noticed that there is a need to amend the Code in order to
clarify existing uses or prohibit activities that may be deemed unsafe or which may disturb the peace of
residents; and,
WHEREAS, the City has received several noise complaints from residents due to commercial trucks and
recreational vehicles parking for hours on public streets while running or idling; and,
WHEREAS, Council reviewed Ordinance #2017-35 in a regularly scheduled public meeting held on
October 17, 2017, to hear and decide the merits of the proposed change to Chapter 10.04, Vehicles and
Parking, of the Moab Municipal Code; and,
WHEREAS, Council found that the amendments to the code are in the best interests of the City.
NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2017-35 and amends Chapter
10.04, specifically Section 10.04.230 as follows:
10.04.230 Unlawful Parking, Idling or Camping
A. Definitions. As used in this section:
1. "Block" means the distance on both sides of a street between two (2) intersecting streets
2. "Commercial vehicle" means a motor vehicle in excess of one -ton capacity of whatever make
or type designed for or adapted to commercial or agricultural purposes, regardless of the use to which
such vehicle is put at any particular time. The term "commercial vehicle" includes, without limitation,
all so-called "semi" truck tractors and "semi" truck -trailers, as well as motorized equipment, such as
loaders, backhoes, excavators, or the like.
3. "Idling" means running an engine on a motor vehicle while parked.
4. "Public Street" means any right of way owned by the City of Moab, Grand County or Utah
Department of Transportation (UDOT) within the city limits of Moab. This includes roads, streets and
alleys.
S. "Recreational vehicle (RV)" means a vehicle other than a mobile home, primarily designed as a
temporary dwelling for travel, recreational or vacation use, which is either a self-propelled motor
vehicle or pulled by another vehicle. The term recreational vehicle also includes a boat, a snowmobile,
personal watercraft, an all -terrain vehicle, or off -highway vehicle, a travel trailer, a camping trailer, a
motor home, a fifth wheel trailer, trailers, and other similar vehicles.
6. "Running" means any vehicle, as defined in this section, parked with a generator or refrigeration
unit in operation.
7. "Trailer" means any truck trailer or other trailer designed or adapted primarily for the
transportation of materials, debris, or property of whatever kind, including, without limitation, boats,
personal watercraft, snowmobiles, all -terrain vehicles, or motorcycles, whether occupied or empty.
8. "Travel trailer," "camping trailer," or "fifth wheel trailer means a portable vehicle without
motive power, whether occupied or empty, designed as a temporary dwelling for travel, recreational or
vacation use that does not require a special highway movement permit when drawn by a self-propelled
motor vehicle.
B. Idling or Running Prohibited. It is unlawful for any person to park or to cause to park or leave
standing, idling, or running any motor vehicle commercial vehicle, or recreational vehicle as defined
in this section on any public road, street, alley or municipal property for a period of time in excess of
four consecutive hours. Any vehicle parked or left standing in violation of this subsection may be
impounded or removed by any certified peace officer or other designated official, and the owner
may be fined as provided in this chapter.
C. Idling or Running Overnight Prohibited. It is unlawful for any person to park or cause to park or leave
standing, idling or running any motor vehicle, commercial vehicle or recreational vehicle on any
public road, street, alley, or municipal property for any length of time between the hours of 10:00
p.m. and 7:00 a.m.. Any vehicle so parked or left standing in violation of this subsection may be
impounded or removed by any certified peace officer or other designated official, and the owner
may be fined as provided in this chapter.
D. Camping Prohibited. It is unlawful to park any motor vehicle, commercial vehicle, or recreational
vehicle on a public road, street, alley, or private property, for purposes of human habitation or
overnight camping. Any vehicle parked or left standing in violation of this subsection for a period
exceeding four consecutive hours may be impounded or removed by a peace officer or other
designated official, and the owner may be fined as provided in this chapter.
1. Vehicles moved from a parking spot and then re -parked on the same block, as defined in
this section, within twenty four (24) hours from the time of removal shall be deemed to
have been continuously parked for the purposes of this subsection.
E. Impoundment. For purposes of impoundment and removal, a certified peace officer, or other
designated official, may, after placing a visible notification on the vehicle and making a reasonable
effort to locate the owner, impound and remove any motor vehicle which has been unmoved for
four consecutive hours. The cost of impoundment and removal shall be charged to the owner or
any person who claims the impounded motor vehicle.
F. Ownership. The presence of any motor vehicle, commercial vehicle, or recreational vehicle
when standing or parked in violation of this section is prima facie evidence that the registered
owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the
owner or lessee.
G. Relocation. No motor vehicle, commercial vehicle, or recreational vehicle that has been the
subject of a violation of this section shall be subsequently relocated or parked on the same block
where the violation occurred for a period of one hundred eighty (180) days from the date of
violation.
H. Continuing violations. In the case of a continuing violation under this section, each day of
violation shall be deemed a separate offense.
I. Exception. The prohibitions in this section shall not apply to vehicles under continuous human
operation in connection with construction activities, or vehicles left temporarily idling or running in
connection with deliveries.
H. Conflicting Ordinances. This section shall control and take precedence over any conflicting
provisions in this code concerning parking or storage of vehicles.
This ordinance shall take effect immediately upon passage.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab
City Council on, October 1711', 2017
ATTEST:-
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Rachel Stenta, Record
David L. Sakrison, Mayor