Loading...
HomeMy WebLinkAbout2021-06-30-3021 REGULATION OF TRAILERS AND TRAILER PARKS WITHIN THE CORPORATE LIMITS OF THE CITY OF WAUKEE, IOWA, AND PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF. §302.1. Purpose. The purpose of this ordinance is to provide certain minimum standards for the use and operation of trailers and trailer parks to the mutual advantage of the occupants of trailers, operators of trailer parks, and the community at large in the interests of health, safety, and general welfare. §302.2. Definitions. For use within this ordinance, the following terms are defined: A.The term “community building” means a building having communal toilet, bath or shower, laundry and other sanitary facilities necessary for the health and convenience of the trailer occupants. B.The term “dependent trailer” means a trailer that does not have toilet facilities and bath or shower. C.The term “dependent trailer space” means a trailer space that does not have individual water and sewer connections available. D.The term “independent trailer” means a trailer that has toilet facilities and bath or shower. E.The term “independent trailer space” means a trailer space that has individual water and sewer connections available. F.The term “park” means trailer park or mobile home park. G.The term “person” means any individual, firm, corporation, partnership or association. H.The term “trailer”, which may also be called “mobile home”, means any vehicle used or so constructed as to permit its being use as a conveyance upon the public streets or highways and duly licensable as such, and shall include self-propelled or non-self-propelled vehicles having no permanent foundation and supported by wheels, jacks or similar supports, and so designed, constructed, reconstructed or added to by means of an enclosed addition or room as will permit occupancy as a dwelling or sleeping place for one or more persons. I.The term “trailer park”, which may also be called “mobile home park”, means any site, lot, field or tract of land upon which two or more occupied trailers are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or 2 intended for use as part of the equipment of such trailer park or court. The term “trailer park” shall not be construed to include trailers, buildings, tents or other structure temporarily maintained by any individual, educational institution or company on their own premises and used exclusively to house their own labor or students. J.The term “trailer space”, which may also be called “mobile home space’, means a plot of ground within a trailer park designated for the accommodation of one trailer or mobile home. 3 §302.3. Location of Trailers. It shall be unlawful for any person to park any trailer on the streets, alleys, or highways, any public place, or on any private land within this City, except as is provided by state law and this ordinance. However, trailers, while not being used as dwelling places, may be stored by any person on private property owned or rented by him or, with their consent, by members of his family; but such trailers may not be stored in front yards, in side yards. §302.4. Permanent Occupancy. Trailers shall not be used as a permanent dwelling place or for indefinite periods of time; provided, however, that any trailer connected with a sewer and water system operated in the City and located on not less than five (5) acres of land may be permitted on application to the City Council, to be located on such premises other than a trailer park, on an annual basis, provided further that the trailer complies with all the requirements of the building, plumbing, health, sanitary, electrical and zoning ordinances of the City, notwithstanding any square footage requirement for the area of a dwelling. Permission to locate a trailer on such premises shall be granted for one (1) year only; however, it may be renewed on successive applications made to the Council and granted at the Council’s sole discretion. §302.5. Emergency Parking. Emergency or temporary parking is permitted on the streets, alleys or highways or any other public or private place for a twelve (12) hour period, subject to any other prohibitions or regulations imposed by traffic and parking ordinances of this City. §302.6 Required Obedience to Provisions of State Law. Failure of any person to abide by the provisions of the Iowa Statutory law relating to motor vehicles and the statutory law of the road, in connection with the use, occupancy, moving, or parking of trailers, is a violation of this Ordinance. 4 §302.7. Special Permits. The Board of Health, after reviewing the application of a trailer owner, may issue special permits allowing the location of trailers issue special permits allowing the location of trailers outside of trailer parks for a period of time not exceeding five (5) days, which permits may be renewed on application for not more than two (2) successive periods of five (5) days. Fifteen (15) days shall be the maximum period of time any person may occupy a trail in any twelve (12) month period within this City, other than in a trailer park, except as provided in §302.4 of this ordinance. Not more than two (2) trailers shall be permitted to locate on the same premises outside of trailer parks. The City shall cause trailers located outside of trailer parks to be inspected and these trailers shall meet the sanitation standards set up for independent trailers within trailer parks. The person owning a trailer located outside of a trailer park must pay to the County Treasurer the monthly fees required by state law. Application for a special permit shall be accompanied by an inspection fee of five ($5.00). A similar fee shall accompany each application for renewal. The application shall contain. A.A description of the applicant’s trailer. B.A property description of the place where the trailer will be located. C.Information on the sanitation facilities of the trailer and those facilities available at the place of location. D.A statement as to whether the applicant is a tourist; and E.The name of the owner of the premises where the trailer will be located. Written approval from the owner of the premises where the trailer will be located shall accompany the application. No permit required by this section shall be issued unless approved sanitary conditions are met, such as twenty-four (24) hour access to inside toilet and sewer facilities and metal garbage cans are provided for the disposal of garbage, waste and excreta on the premises. 5 §302.8. State License Required for Trailer Park. It shall be unlawful for any person to maintain or operate within the corporate limits of the City any trailer park unless such person shall first obtain a license therefor as required by the laws of this state. §302.9.Application for License. The application for an annual license to operate and maintain a trailer park shall be made to the State Department of Health, in such manner as may be prescribed by regulations of that Department, which application shall be filed with the local Board of Heath. The application and all accompanying plans and specifications required for a license shall be filed in triplicate. In addition to the fees required by state law, the application shall be accompanied by a fee of ten dollars ($10.00) for the purpose of defraying costs of the local Board of Health in processing the application. §302.10. Investigation and Approval of Application; Forwarding to State Department of Health. The local Board of Health, the building official, the Fire Chief, and the Chief of Police, or any police officer selected by the Chief of Police, or by the Mayor when there is no Chief of Police, to act in his stead, shall investigate the applicant and inspect the proposed plans and specifications. If the applicant is found to be of good moral character, and the proposed trail park will be in compliance with all the provisions of this Ordinance and all other applicable Ordinances of the City and statutes of the State, the local Board of Health of the City shall approve the application and forward such application to the State Department of Health. §302.11. Regulations to Which Trailer Park Owners are Subject. Persons who operate trailer parks shall be subject to the regulations in Sections 103A.30 through 103A.33, in addition to the provisions in Chapter 135D of the Iowa Code, the rules and regulations of the Iowa State Department of Health, and other applicable Ordinances of this Town. 6 §302.12 Trailer Park Layout. A.All main access roads shall be continuous. B.Main access roads shall be twenty (20) feet wide, excluding parking. Where parking is permitted along such roads, and additional six (6) feet of road for parallel parking and an additional sixteen (16) feet of road for diagonal parking shall be provided on each side of the road on which parking is permitted. C.At least one motor vehicle parking space shall be provided for every trailer home space in a trailer park. D.Adequate space shall be provided for a playground area for the children living in the trailer park. E.Walks shall be provided from the entrance of each trailer to the service facilities. These walks shall be at least three (3) feet wide and shall be constructed of concrete, macadam, gravel, fine stone, cinders or other materials that provide a stable footing. F.The rules and regulations of the Iowa State Department of Health on trailer park layout shall be followed. G.Except as otherwise provided in this Ordinance, all provisions of the Zoning Ordinance of the City of Waukee, Iowa, shall be fully applicable shall be fully applicable to trailer parks, including but not limited to regulations of lot size, yard size, use and occupancy. 7 §302.13. Water Supply. A.The quantity of water to be provided shall equal one hundred twenty-five (125) gallons per day per trailer space. B.Where plumbing facilities permit, water shall be piped to all independent trailers. C.The rules and regulations of the State Department of Health on water supply shall be followed. §302.14. Sewage Disposal. The rules and regulations of the State Department of Health shall be followed. §302.15. Community Building. A community building or buildings containing toilet and washing facilities shall be provided in each trailer park, except when such facilities are provided each trailer space, or when only independent trailers are accepted in the park and individual water and sewer connections are available at each trailer space for the independent trailers which are accepted. A community building shall be located within two hundred (200) feet of every dependent trailer in the park and shall have the following facilities: A.At least one (1) laundry unit (washing machine or laundry tray). B.A continuous supply of at least three (3) gallons of hot water per trailer space. C.The facilities described in the rules and regulations of the State Department of Health. 8 §302.16. Storm Shelter. All mobile home parks located within the City of Waukee which are required to obtain a license as provided by Chapter 135D, Code of Iowa, as amended, shall comply with the provisions of this Section, except that any mobile home park or parks now in existence, shall be exempt from the provisions of this chapter unless they shall be enlarged. In the event such parks existing at the time of the effective date of this Ordinance shall be enlarged, they shall comply fully with the provisions of this Chapter providing storm shelter for all residence of said park or parks. All other mobile home parks located within the City of Waukee, licenses under Chapter 135D after the effective dates of this ordinance shall comply with this Chapter prior to renting or leasing any mobile home space or spaces for human occupancy. A.Size and Locations of Storm Shelter. Every Mobile Home Park covered by Section 302.16 of this Chapter shall construct and properly maintain a storm shelter or shelters for use by its residents. If a Mobile Home Park is to have only one shelter, the location of the shelter shall be as near to the geographical center of the park as possible and shall be easily accessible from all directions. In larger parks where several smaller shelters may be constructed, the shelters will be evenly distributed around the geographical area of the park. The exact location of the shelter(s) shall be approved in writing by the City Engineer prior to construction of the shelter and shelters. Such approval shall not be deemed a warranty that the proposed design is structural fail safe, but only a statement that the proposed design complies with the requirements of this Chapter. B.General Design. The required shelter(s) may be constructed either as a separate facility or structure or, in the alternative, may be included in or form a part of an existing structure provided all requirements of this Chapter are complied with. The minimum shelter area provided shall be 7.5 square feet per mobile home space, whether or not all of the available spaces are rented. C.Certification Required. Each storm shelter shall be designed by a Registered Professional Engineer who shall provide a certification that the design submitted shall withstand the forces specified in the following Section. All proposed plans and tentative designs shall be subject to final written approval by the City Engineer which approval shall be obtained prior to commencement of construction or modification of the storm shelter by the owner. The approval of the City Engineer shall be limited to as set forth in §302.16A. D.Specific Design Criteria. Each storm shelter shall be designed in accordance with the following criteria: 1.Wind Pressure. Each shelter shall be constructed to withstand a wind loading of 200 miles per hour. 9 2.Impact of Flying Debris. All parts of the storm shelter area shall be capable of withstanding the impact of a 2inch x 4inch x 12foot piece of lumber striking the shelter end first at a velocity of 100 miles per hour in winds of 200 miles per hour. 3.Atmospheric Pressure Differential. All storm shelter buildings shall be provided with a reasonable degree of natural venting (such as grilles, undercuts at doors, etc.) to allow for atmospheric pressure differentials. 4.Movement. All shelters shall be designed to prevent lateral movements, lateral collapse, overturning, material failure, and connection separation when the above forces are applied. E.Miscellaneous Provisions. 1.It shall be the Mobile Home Park owner’s responsibility to ensure that all shelters are open and readily accessible during all tornado or severe thunderstorm watches issued by the U.S. Weather Service, or when, in the exercise of reasonable caution, it can be readily ascertained that a storm is forthcoming, whether or not a warning is given. 2.Adequate signs shall be installed within the park which shall inform the residents and guests of the location of the shelter and the name and location of the person or persons who are responsible for opening the shelter(s) in case of a storm or storm watch. 3.All shelters shall be maintained in a clean and sanitary condition by the owner. The required minimum shelter area shall not be used for storage purposes of even a temporary nature by either the owner or residents of the park. F.Right to Inspect. The Building Inspector shall have the right to inspect the storm shelter or shelters contemplated by this Chapter at any time, with or without permission of the owner. G.Permit Required. Every Mobile Home Park shall obtain a permit to operate from the City Clerk prior to making application for the license or renewal of the license required by Chapter 135D. Failure to comply with any of the provisions of this Chapter shall be good cause for the City’s refusal to grant or renew the permit. In addition, all Mobile Home Park owners shall be responsible for obtaining any other licenses or permits that are required prior to the construction of shelters. 10 H.Penalties. 1.Violation of any of the provisions of this Chapter shall be deemed a simple misdemeanor and upon conviction shall be punished by a fine of up to $100 or imprisonment in the Dallas County Jail for up to 30 days. When the offense is of a continuing nature, each 24 hour day that the violation continues shall be deemed a separate, distinct offense. Responsibility for compliance with the provisions of this Chapter shall be upon the owner or owners of the land upon which the Mobile Home Park is located, upon the person, or person or corporation holding or having made application for a license under Chapter 135D of the Code of Iowa, and the managing agent or agents of the Mobile Home Park. 2.In addition to the criminal penalties set forth above, the City of Waukee may revoke or suspend the municipal permit required by §302.16G upon proper notice to the owner, a setting forth in detail the alleged violations and granting the owner an opportunity for a hearing before the City Council prior to any suspension or revocation. 11 §302.17. Refuse Disposal. Refuse containers shall be located not farther than one hundred fifty (150) feet from any trailer space. The types of container used, the amount of refuse container space for each trailer and the frequency at which refuse must be collected shall be in accordance with the rules and regulations of the State Department of Health. §302.18. Insect and Rodent Control. Insect and rodent control measures to safeguard public health, as recommended by the health officer, shall be applied in all trailer parks. §302.19. Animals and Pets. No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any trailer park. §302.20. Electricity for Trailers. Each trailer shall be provided with electric power consisting of at least one (1) outlet supply 110-115 volts. §302.21. Storm Drains. Storm drains shall be installed at a grade to insure a velocity of two (2) feet per second when flowing full. Storm water shall not be discharged into sanitary sewers. §302.22. Fire Protection. A.Where a public water system is available, fire hydrants shall be installed according to the recommendations of the City Fire Department. There shall also be a portable fire extinguisher, approved by the City Fire Department, in each community building. B.Where the water distribution system is not intended to provide for hire hose outlets, portable fire extinguishers, approved by the City Fire Department shall be provided. There shall be one (1) extinguisher at each community building and at other suitable locations, so that there is at least one (1) extinguisher in good working order for every twenty-five (25) trailer spaces located not farther than two hundred (200) feet from each trailer space. §302.23. Speed Limit. The maximum speed limit for any vehicle in a trailer park shall be fifteen (15) miles per hour. §302.24. Fuel for Trailers. Cylinders, containing liquefied petroleum gas or oil to be used as fuel by trailer occupant, shall be connected to the stoves or heaters of trailers by cooper or other metallic tubing, to provide leakproof connections. The cylinders shall be securely fastened in place and may not be closer than five (5) feet from any trailer exit. 12 §302.25. Fire, Communicable Diseases, Permanent Registers. The rules and regulations of the State Department of Health on fires, communicable diseases and permanent registers shall be followed. §302.26. Location. Trailer parks may be located only as prescribed and permitted under the provisions of the Zoning Ordinance. §302.27. Posting License. The license certificate required by this chapter shall be conspicuously posted in the office of or on the premises of the trailer park at all times. §302.28. Addition to Trailers. No additions shall be built onto any trailer other than a porch or entryway, in a trailer park, and such porch or entryway shall be so constructed as to leave a clearance of not less than eleven (11) clear feet between such porch or entryway and the next trailer. § 302.29. Enforcement of Chapter; Right of Entry. It shall be the duty of the City Board of Health to enforce the provisions of this Ordinance and for the purpose of securing enforcement thereof, the Board, or its duly authorized representatives, shall have the right and are hereby empowered to enter upon the premises of any park ground, trailer house or housecar now or hereafter operated within the City for the purpose of carrying out the provisions of this Ordinance. §302.30. Penalty. Anyone violating any of the provisions of this Ordinance shall, upon conviction, be subject to imprisonment not exceeding thirty (30) days, or a fine not exceeding one hundred dollars ($100.00). Each day that a violation is permitted to exist constitutes a separate offense.