HomeMy Public PortalAboutORD-CC-2019-17CITY OF MOAB ORDINANCE 2019-17
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL
CODE, SECTIONS 10.04.230, 8B and 8C
The following findings describe the intent and purpose of this ordinance:
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, 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, the increase in vehicle traffic, idling and unlawful camping is
negatively impacting air quality (i.e., SOx, NOx and VOCs) and exacerbating
the severity and number of allergies and asthma attacks, and other health
conditions; and
WHEREAS, over 50% of air pollution is a result of mobile sources in Utah;
and
WHEREAS, the Utah Department of Air Quality has observed that the
unnecessary idling or cars, trucks and buses affects the quality of air we
breathe both at the point of idling (often most concentrated in front of schools
and homes), and regionally due to pollutants released into the atmosphere;
and
WHEREAS, in addition to health impacts, air pollution imposes significant
economic costs and negative impacts on our quality of life; and
WHEREAS, vehicle exhaust is a source of carbon monoxide, particulate
matter, toxic air contaminants, and greenhouse gases; and
WHEREAS, Moab City should play an important role in improving air
quality by limiting the amount of time engines in City -owned vehicles are
allowed to idle and thereby will led the effort to improve air quality; and
WHEREAS, according to the Environmental Protection Agency, fuel costs
alone from engine idling are enormous, as car engines use over a gallon of fuel
for each hour they idle. In addition, according to the U.S. Department of
Energy, more than 3 billion gallons of fuel are used every year fueling idling
engines; and
1
WHEREAS, by amending the code and prohibiting idling as defined in this
ordinance within city limits, the City limits the negative environmental effects
that idling creates and thereby preserves the health and promotes the
prosperity, good order, comfort and convenience of the city and its
inhabitants; 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 #2019 -17 and
amends Chapter 10.04, specifically Section 10.04.230 8. B. and 8.C. as follows:
10.04.230 lawful 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.
5. "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 motor -powered 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 motorvehicle.
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 twenty (20) minutes. 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, except for the following kinds of idling:
1. Idling while stopped:
a. For an official traffic control;
b. For an official traffic control signal;
c. At the direction of a police officer.
2. Idling as needed to operate heaters or air conditioners where the
temperature is below zero degrees Fahrenheit (o°F) or above ninety
degrees Fahrenheit (90°F) as measured at the Moab Airport and
determined by the National Weather Service, for the health or safety of
a driver or passenger, including service animals and pets.
3. Idling as needed for emergency vehicles to operate equipment.
4. Idling as needed to ascertain that a vehicle is in safe operating
condition and equipped as required by all provisions of law, and that all
equipment is in good working order, either as part of the daily vehicle
inspection, or as otherwise needed.
6. Idling as needed for testing, servicing, repairing, installation,
maintenance or diagnostic purposes.
6. Idling for the period recommended by the manufacturer to warm up
or cool down a turbocharged heavy duty vehicle.
7. Idling as needed to operate auxiliary equipment for which the vehicle
was primarily designed or equipped, other than transporting goods,
such as: operating a transportation refrigeration unit (TRU), lift, crane,
pump, drill, hoist, ready mixed equipment, except a heater or air
conditioner.
3
8. Idling as needed to operate a lift or other piece of equipment
designed to ensure safe loading and uploading of goods or people.
9. Idling to recharge a battery or other energy storage unit of a hybrid
electric vehicle.
1o. Idling as needed for vehicles that house K-9 or other service
animals.
11. Idling by on duty police officers as necessary for the performance of
their official duties.
C. 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.
i. 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.
D. 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.
E. Ownership. The presence of any motor vehicle, commercial vehicle, or
recreational vehicle when 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.
F. 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 days from the date of violation, while idling.
Relocation or parking of the vehicle in violation of this subsection shall be
a separate violation.
G. Continuing Violations. In the case of a continuing violation under this
section, each day of violation shall be deemed a separate offense.
4
H. Conflicting Ordinances. This section shall control and take precedence
over any conflicting provisions in this code concerning parking or storage
of vehicles. (Ord. 18-02 (part), 2018: Ord. t7-35, 2017)
Editor's note: Ord. No. 10-02, adopted February 23, 2010, repealed the former
§ 10.04.230, and enacted a new § 10.04.230 as set out herein. The former §
10.04.230 pertained to unlawful parking; vehicles left standing for more than
forty-eight hours and overnight camping in vehicles and derived from Ord.
No. 4-79, 1.979 and Ord. No. 93-02, 1993.
PASSED AND APPROVED by a majority of the City of Moab City Council on
July 23, 2019. This ordinance shall take effect immediately upon passage.
SIGNED:
Tawny ruteon-Boyd, Mayor Pao-Tem
ATTEST:
Sommar Johnson, Recorder
s