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Home My WebLink About150-00 Ordinance AMENDED RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No ................150-00..(Amended) Passed AN ORDINANCE AMENDING THE DUBLIN TRAFFIC CODE SECTION REGARDING PARKING RESTRICTIONS IN RESIDENTIAL DISTRICTS AND DECLARING AN EMERGENCY WHEREAS, the parking of commercial, recreational and like motor vehicles on public streets detracts from the aesthetics of an area and presents safety and health concerns; and WHEREAS, the parking of such vehicles must be regulated in residential districts where the potential for safety and health risks are greatest; WHEREAS, the definition of the term "commercial vehicle" must be clarified through amendment to Section 76.13 so that persons who park on residential streets are clearly notified as to which types of vehicles are not permitted to be parked on residential streets; NOW THEREFORE, BE IT ORDAINED, by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. Section 76.13 of the Dublin Code of Ordinances is hereby amended to read as follows: § 76.13 PARKING RESTRICTIONS IN RESIDENTIAL DISTRICTS. (A) No person who is the owner, agent, operator, or other person in charge of any commercial or recreational vehicle as defined herein may permit such vehicle to remain parked, standing, or abandoned upon any streetin a residential district. (B) The other provisions of this section notwithstanding, this section shall not apply to such vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed, during the time of parking such vehicles or to the time during which such vehicle is being loaded or unloaded or used to deliver or hoist property or merchandise for completion of delivery, if such loading, unloading or other activities referred to in this provision are conducted diligently and without unnecessary delay. (C) For the purposes of this section, certain terms shall be defined as follows: 1. "Commercial vehicle" shall mean any vehicle used or designed to be used for business or commercial purposes which infringes on the residential character of a residential district and includes, but is not necessarily limited to: a bus, cement truck, commercial tree trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes, stage bed truck, step van, tank truck, tar truck, or other commercial-type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or truck. 2. "Recreational vehicle" includes, but is not limited to: a) Camper Trailer: A folding or collapsible vehicular structure, mounted on wheels but without its own power, designed as a temporary living quarters for travel, camping, recreation and vacation uses, which is not encompassed in the definition of Travel Trailer. b) Motor Bus: Any motor vehicle having motor power designed and used for carrying more than nine (9) passengers. RECORD OF ORDINANCES Da on Le al Blank Co. Form No. 30043 Ordinance No .................1.5.0.-0.0..(An7.e11Sled) Passed ......................_............................._.....pa$e..2................ c) Motor Home: Aself-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming of food and for sleeping. d) Travel Trailer: Anon-self propelled recreational vehicle, including a tent type fold out camping trailer as defined in Ohio Revised Code Section 4517.01(S). e) Truck Camper: Anon-self-propelled recreational vehicle, without wheels for road use but with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation use, and designed to be placed upon and attached to a motor vehicle. Truck camper does not include truck covers, which consist of walls and roof, but do not have floors and facilities for using same as a dwelling. f) Recreational Trailers: Any form of device, equipment, or machinery on wheels, or a single wheel, that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle. This shall include every vehicle designed and utilized for the sole purpose of transporting any boat, auto, snowmobile, recreational habitation, and the like, which does not have motive power, but is designed to be drawn by another vehicle. g) Watercraft: This term shall include, but is not limited to, any of the following when used or capable of being used for transportation on the water: (1) A boat operated by machinery either permanently or temporarily affixed. (2) A sailboat other than a sailboard. (3) An inflatable, manually propelled boat having a hull identification number meeting the requirements of the United States Coast Guard. (4) A canoe or row boat. 3. Residential district shall mean any district zoned residential in accordance with the zoning definitions established in Chapter 153 of the Dublin Code of Ordinances ('80 Code, § 351.13) (Ord. 61-76, passed 10-4-76) Penalty, see § 70.99. Section 2. This Ordinance shall be effective 60 days after passage. Passe is day of ~ C C ~.hti , 2000. Mayor -Presiding Officer ATTEST: Jerk of Council I hereby certify #b+~# conies of tt2i~ Ordinance/Resolution were posted in the City of Dublin in accordance w.#!~ Sec~;on 731.25 of the fll~io Revised Code. Cler f Council, Dublin, Ohio SCHOTTENSTEIN ZOX He DUNN a legal professional association MEMORANDUM 4 TO: Timothy C. Hansley, City Manager ~ Dublin City Council FROM: Stephen J. Smith, Law Director Jennifer D. Readler, Assistant Law Director DATE: December 7, 2000 RE: Amendments to the Ordinance Amending the Dublin Traffic Code Section Regarding Parking Restrictions in Residential Districts At the last Council meeting, it was suggested that the definition of "commercial vehicle" be expanded to encompass trailers that are not used for recreational purposes. As you know, the definition of "recreational vehicle" in the above-referenced ordinance includes camper, travel, and recreational trailers. However, it was felt that trailers should also be included in the commercial vehicle definition. Accordingly, the definition of "commercial vehicle" now includes "semi-trailer, or any other non-recreational trailer used for commercial purposes." The Ordinance should now effectively govern all types of commercial and recreational trailers. Additionally, at the last Council meeting it was suggested that this office examine the Muirfield Association parking regulations to determine whether any portions of these regulations could be incorporated into the residential parking ordinance: Larry Holbrook sent us the attached materials. According to Mr. Holbrook, only sections 8.06 and 8.07 address vehicles. This office does not believe inclusion of any parts of these sections in the Residential Parking Ordinance would be helpful. Specifically, Section 8.06 states: Parking Loading and Unloading Areas: Adequate off-street parking must be provided for all residential units. Single family residential units must provide at least atwo-car covered parking facility, plus additional off-street parking for at least two cars. As used herein, "car" shall mean afull-sized automobile, as opposed to a compact or subcompact vehicle. Section 8.20 states: www.SZD.com Vehicles Trailers Boats Commercial Vehicles, or Motor Homes: No automobile or Columbus motor driven vehicle may be left upon the Property for a period longer than five (5) days Cleveland in a condition such that it is incapable of being operated upon the public highways. After Cincinnati which time the vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and must be removed from Muirfield Village. Any towed vehicle, boat, motor home or mobile home regularly stored upon any residential tract, or (H0035546.1 } The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 . voice 614/462-2700. fax 614/462-5135 temporarily kept thereon for periods longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from Muirfield Village. The foregoing, however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are stored wholly within a private garage or designated trailer storage areas. No commercial vehicles may be parked, stored, or temporarily kept on the Property, except when stored wholly within private garages, or except when there temporarily to service existing improvements or to be used in connection with the construction of improvements „ on the Property. As you know, the Traffic Code Parking Ordinance governs improper parking on public streets so that the Dublin Police Department may enforce these parking restrictions. There is another separate ordinance that this office drafted to address the storage of vehicles on private property. We have attached this ordinance in case you would like to again review it. This ordinance amends the Zoning Code and Council has referred this ordinance to the Planning and Zoning Commission. Both of these ordinances seem to more completely regulate storage and parking of vehicles than the Muirfield Association deed restrictions. Nonetheless, if Council believes portions of the Muirfield Association deed restrictions should be incorporated into either ordinance in some manner, we would be happy to do so. www.SZD.com Columbus Cleveland Cincinnati {H0035546.1 )