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Home My Public Portal AboutORD-CC-2013-13CITY OF MOAB ORDINANCE # 2013-13 AN ORDINANCE AMENDING TITLE 12--STREETS, SIDEWALKS, AND PUBLIC PLACES -- SPECIFICALLY CHAPTER 12.16.020, PARKING OF INOPERABLE AND COMMERCIAL VEHICLES ON STREETS TO PROVIDE A NEW TIME LIMIT FOR PARKING INOPERABLE AND COMMERCIAL VEHICLES ON PUBLIC STREETS WHEREAS, the regulations contained within Title 12 of the Moab Municipal Code (the "Code") are intended to provide for the safe and orderly movement of vehicle and pedestrian traffic on and about public streets, alleys, and easements; and WHEREAS, historically, local law enforcement of traffic violations has been effectuated through ordinances that set out provisions of the Municipal Code, the state statute known as the Utah Vehicle Code (UVC) or through adoption by reference of the rules and procedures promulgated by the Uniform Traffic Code (UTC); and WHEREAS, the City of Moab has seen an increase in the number of recreational vehicles, boats, inoperable vehicles, and utility trailers parked on neighborhood streets that are now used as storage for such large items; and WHEREAS, these vehicles often remain for extended periods of time and are moved only when a complaint is registered; and WHEREAS, the Moab City Council ("Council") finds that long term parking of inoperative and unattended vehicles and detached trailers is a nuisance in neighborhoods, by impeding the cleaning of streets, adding trash to the neighborhoods, and hindering traffic safety within the corporate limits of the City of Moab; and WHEREAS, the intent of this ordinance is to reduce the impacts from long term parking on City streets of inoperable vehicles, commercial vehicles, trailers, and other vehicles (including boat and other recreational equipment) for the purposes of storage and sale; and WHEREAS, this ordinance will bring Chapter 12.16.020 into compliance with MMC Chapter 10.04.230, Unlartif d parking -Vehicles left standing for more than four hours and overnight camping in vehicles; and WHEREAS, this ordinance will improve traffic safety by decreasing congestion on public streets and increase the visual aesthetics of neighborhoods; and WHEREAS, this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the ordinances of the City of Moab and it is accordingly so ordained; and WHEREAS, the Council finds that it is in the public interest to amend the code in an effort to protect the character of neighborhoods, increase traffic and pedestrian safety, and to decrease neighborhood blight by curtailing the use of neighborhood streets and sidewalks as storage facilities for various types of vehicles and trailers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB that, Title 12.0, Streets, Sidewalks, and Public Places, Chapter 12.16, Street, Sidewalk Obstructions and particularly Section 12.16,020, Parking of inoperable and commercial vehicles on streets, the first sentence of subsection A, is amended to read: subsections A, B, C, and D are amended to read: 12.16.020 Parking of inoperable vehicles, commercial vehicles, and recreational equipment on City streets. Ordinance #2013-13 Page 1 of 2 A. For purposes of this Section, an "inoperable vehicle" shall be defined to be any vehicle which is: i) not currently licensed for operation on public roads by State of Utah or any other state; or ii) wrecked, damaged, or otherwise lacking in essential parts or equipment for safe and lawful travel on public roads. It is unlawful to park any inoperable vehicle, including trucks, automobiles„ equipment trailers, travel trailers, recreational vehicles, campers, all terrain vehicles, boats, or other vehicles (however denominated) on any public street within the City limits, for a period of more than four (4) consecutive hours. B. For purposes of this Section "operable commercial vehicles" shall be defined to include any vehicle which: i) is currently licensed for lawful operation on public roads by the State of Utah or any other lawful authority; ii) has a capacity of two (2) tons or more; iii) is utilized for commercial or business purposes; or iv) is wheeled or tracked equipment including, without limitation, tractors, bulldozers, back hoes, construction equipment, delivery vans, tow trucks, utility trucks, or equipment such as flat bed trailers, box trailers, or equipment trailers used to carry other equipment. It is unlawful to park any operable commercial vehicle on any public street within the City limits for a period of more than four (4) consecutive hours, except that such vehicles may be parked for a period not to exceed forty eight (48) consecutive hours where necessary for: i) individual deliveries or pickups to/from an adjacent residence or business; ii) construction related activities that are the subject of a valid building permit from building authorities; or iii) services provided to an adjacent residence or business (i.e. repair services, landscaping, or the like). C. For purposes of this Section "recreational equipment" shall be defined to include all terrain vehicles, boats, campers, dirt bikes, travel trailers, snowmobiles, recreational vehicles, other recreational equipment, and trailers carrying same. It is unlawful to park any recreational equipment on any public street within the City Limits for a period of more than four (4) consecutive hours, except that such equipment may parked for a period not to exceed twenty four (24) consecutive hours for purposes of maintenance, cleaning, or readying for departure. D. In addition to the issuance of a citation for any violations of this Section, the police department may remove and impound any vehicle found to be in violation of this Section. The owner of any vehicle impounded pursuant to this Section may recover possession of the vehicle upon payment of all applicable towing, storage, and impound fees incurred or assessed in connection with that vehicle. This ordinance shall take effect on the day of passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the 27`s day of August, 2013. David L. Sakrison, Mayor ATTEST: cutai_e_e Y. cito,,AA-r-L___, Rachel E. Stenta, Recorder Ordinance #2013-13 Page 2 of 2 CITY OF MOAB ORDINANCES #2013-11, #2013-12 and #2013-13 AN ORDINANCE TO AMEND TITLE 17.65.080 OF THE MOAB MUNICIPAL CODE, BY AMENDING A PORTION OF THE MASTER PLANNED DEVELOPMENT REVIEW PROCEDURES AND CLARIFYING THE PUBLIC HEARING REQUIREMENT AND AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 16.08.010, PRELIMINARY PROCEDURE, AMENDING THE TIME FRAME FOR SUBMITTING PLAT APPLICATIONS TO THE CITY AND RECORDING THE FINAL PLATS WITH THE COUNTY RECORDER; AND AN ORDINANCE AMENDING TITLE 12 — STREETS, SIDEWALKS, AND PUBLIC PLACES -- SPECIFICALLY CHAPTER 12.16.020, PARKING OF INOPERABLE AND COMMERCIAL VEHICLES ON STREETS TO PROVIDE A NEW TIME LIMIT FOR PARKING INOPERABLE AND COMMERCIAL VEHICLES ON PUBLIC STREETS. Ordinances #2013-11, #2013- 12 and #2013-13 war@ apiTted at a Regular ciity CIOUIIc'll jgating Moab City Council Chambers, 217 East Center Street Moab, Utah 84532. Complete copies of Ordinances #2013-11, #2013-12 and #2013-13 are available online at www, moabcity org or at the City of Moab Recorder's Office at 217 East Center Street Moab, Utah 84532. /sl Rachel E. Stenta City Recorder/Assistant City Manager Published in The Times -Inde- pendent, Moab, Utah September 12, 2013. Proof of Publication STATE OF UTAH, County of Grand, Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah, and a designated agent of the Utah Press Association; that the notice attached hereto and which is a copy of a City of Moab Ordinances #2013-11, 12, & 13 which is made a part of this Affidavit of Publication, was published in said newspaper for a period of 'consecutive issues, the first publication date having been made September 12, 2013 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publica- tion, and that it was published in the newspaper proper and not in a supplement thereof, and that said notice was published on Utahlegals.com on the same day as the first newspaper publication and the notice remained on Utah- legals.com throughout the period and time of print pub- lication. 7___ Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires