HomeMy WebLinkAbout0323 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.
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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).
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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.
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