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0323 Vehicle Parking 1989CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 323 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, CLARIFYING CHAPTER 8.12 OF THE CHUBBUCK MUNICIPAL CODE WITH RESPECT TO THE PARKING OF CAMPERS, MOTORHOMES AND LIKE VEHICLES ON PUBLIC STREETS AND PUBLIC PROPERTY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 8.12 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. Chapter 8.12 of the Chubbuck Code has, since passage, been interpreted by the city to preclude the parking of campers, motorhomes and like vehicles on public streets and public property for a period in excess of twenty-four (24) hours. The City has recently determined a need to clarify 8.12 to make the section more clear in its wording to reflect the above intent. Section 2. Amendment. Section 8.12.020 of the Chubbuck Municipal Code is amended to read as follows: 8.12.020 Nuisance declared - Exemptions. A. Abandoned Vehicles. No person shall park, store, leave, abandon or permit the parking, storing, leaving or abandonment of any subject vehicle as defined in 8.12.010B above, whether attended or not upon, any public or private property within the city for a period of time exceeding twenty-four (24) hours. The presence of an inoperative vehicle, or parts thereof, on private or public property is hereby declared to be nuisance in that it represents a serious hazard to the public health, safety, convenience and welfare of the residents of the city. Such nuisance may be abated as provided belowT-hewe~e~,~ ~his section shall not apply to: 1.Ay Any vehicle completely enclosed within a building on private property or any vehicle held in connection with a business enterprise lawfully licensed by the city and located in an area in which such business is permitted by the zoning laws of the city ~ provided however parking of such vehicles on public streets for for more than twenty-four (24) hours is not permitted. Ordinance - Page 1 dsc chbbck09.192 2.B= Any vehicle completely enclosed by properly maintained fences or other structures built to a sufficient height, up to the maximum allowable, to ~e½e~-~-e~m~½e~e~y screen the vehicle from public view and from views from abutting properties or existing, adjoining residential structures, whether or not such property is separated by an alleyway or street. Any fence constructed to satisfy this requirement shall comply with all limitations upon the height of fences or other structures established by city ordinance. B. Operative Vehicles on Streets and Property. No person shall park, store, leave, abandon or permit the parking, storing, leaving or abandonment of any vehicle as defined in 8.12.010(C), above, except to the extent permitted in 18.12.040(C) and (H), whether attended or not, upon any public property or private property within the city for a period of time exceeding twenty-four (24) hours. The presence of such a vehicle on public or private property is hereby declared to be a nuisance in that it represents a serious hazard to the public health, safety, convenience and welfare of the residents of the city. Such nuisance may be abated as provided below. This section shall not apply to: !- Any vehicle completely enclosed within a building on private property or any vehicle held in connection with a business enterprise lawfully licensed by the city and located in an area in which such business is permitted by the zoning laws of the city ; provided however parking of such vehicles on public streets for more than twenty-four (24) hours is not permitted. ~. Any vehicle completely enclosed by properly maintained fences or other structures built to a sufficient heiqht, up to the maximum allowable, to screen the vehicle from public view and from views from abutting properties or existing, adjoining residential structures, whether or not such property is separated by an alleyway or street. Any fence constructed to satisfy this requirement shall comply with all limitations upon the height of fences or other structures established by city ordinance. 3. Boats, travel trailers and detached campers stored on the side or rear yard of a residence pursuant to 18.12.040(C). Ordinance - Page 2 dsc chbbck09.192 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflictinq Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 8.12 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ATTEST: CITY CLERK 26th day of OCTOBER , 1989. Ordinance - Page 3 dsc chbbck09.192