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Home My WebLink About2023-04-17 Ordinance 3070_Parking Restrictions in Residential DistrictsORDINANCE NO. 3070 AN ORDINANCE TO AMEND CHAPTER 68, PARKING REGULATIONS, BY REPEALING AND REPLACING SECTION 68.13, PARKING RESTRICTIONS IN RESIDENTIAL DISTRICTS WHEREAS, following a review of Chapter 68, Parking Regulations, the Waukee Police Department recommends certain specific amendments to Section 68.13, Parking Restrictions in Residential District; AND, WHEREAS, the proposed amendments align the definitions within Section 68.13 with those definitions contained in Iowa Code for consistency, and the amendments remove other confusing wording within the code. BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1: Chapter 68, Waukee Municipal Code, Code of Ordinances, Parking Regulations, is hereby amended by repealing and replacing Section 68.13, Parking Restrictions in Residential Districts, with the following: 68.13 PARKING RESTRICTIONS IN RESIDENTIAL DISTRICTS. 1. Definitions. As used in this section: A. "Bus" means a motor vehicle designed to carry ten or more persons, regardless of compensation, including (but not limited to) motor vehicles operated by governmental agencies and motor vehicles used for the transportation of children to and from school. B. "Camper" means non -wheeled, detachable vehicular equipment, used for temporary or permanent habitation, which has no independent motor power and that is capable of being placed on a vehicle but is not capable of being towed. C. "Camping trailer" means a trailer constructed to provide temporary occupancy as a dwelling or sleeping place for one or more persons, to include "fifth wheels" and "travel trailer." D. "Commercial vehicle" means a motor vehicle or combination of vehicles used to transport passengers or property if any of the following apply: (1) The combination of vehicles has a gross combination weight rating or combined gross weight, whichever is greater, of twenty-six thousand one or more pounds, including a towed vehicle or vehicles having a gross vehicle weight rating or gross weight, whichever is greater, of ten thousand one or more pounds. (2) The motor vehicle has a gross vehicle weight rating or gross weight, whichever is greater, of twenty-six thousand one or more pounds. (3) The motor vehicle is designed to transport sixteen or more persons, including the operator, or is of a size and design to transport sixteen or more persons, including the operator, but is redesigned or modified to transport less than sixteen persons with disabilities. (4) The motor vehicle is used in the transportation of hazardous material of a type or quantity requiring vehicle placarding. E. "Load" and "unload" refer to the activity of moving material, equipment, goods, or other items of personal property from or to a vehicle. F. "Mobile home" means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. G. "Motor home" means a motorized vehicle designed to provide temporary occupancy as a dwelling or sleeping place for one or more persons and which is intended to be transported upon streets and highways, but excluding pickup trucks with attached campers. H. "Residential district" means a zoning district that generally allows for the development and preservation of residential neighborhoods, more particularly described in the Zoning Ordinance of the City. "Recreational vehicle" (RV) means a motor home, mobile home, camper or camping trailer. J. "Rendering services" means commercial activities carried on in connection with the business purpose of the vehicle, such as making deliveries, service calls, accepting articles for removal or delivery, and related commercial activities. K. "Semi -tractor" means a motor vehicle with a manufacturer's gross combination weight rating (GCWR) in excess of 26,001 pounds, which is designed and commonly used to draw a semi -trailer and its cargo load over public roadways. L. "Semi -trailer" means a wheeled vehicle, the empty weight of which is more than 2,000 pounds or the length of which is greater than 25 feet, which has no motor power and is designed to be used in conjunction with a semi -tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such semi -tractor. M. "Trailer" means any wheeled vehicle without motor power that may be drawn over the roadway by a motor vehicle, including camping trailers, utility trailers, and boat trailers. 2 N. "Truck" means a motor vehicle exceeding eight feet in width, 25 feet in length, or 10 feet in height, excluding motor homes and recreational vehicles as defined herein. 2. Truck Parking Limited. No person shall park a commercial vehicle, semi -tractor, semi -trailer, truck, trailer, camper, camping trailer, motor home, bus, recreational vehicle (RV), trailer, or boat, whether or not attached to a motorized vehicle, on any public street or highway within any residential district of the City, except as provided in Subsection 3 of this section. 3. Exceptions. The following vehicles are exceptions to the restricted parking regulations in Subsection 2. A. A recreational vehicle (RV), boat, or trailer if: (1) It is parked only for a period that does not in any event exceed 48 consecutive hours. (2) Any trailer parked on the public roadway shall be attached to a motor vehicle, and the period of time the trailer and vehicle are parked on the public roadway shall not exceed 48 consecutive hours in compliance with other subsections of this code. (3) Anew 48-hour period allowed by Subparagraphs (1) and (2) is never initiated without an intervening minimum 48-hour period during which time the vehicle must be removed from, and remain off of, the street. (4) No part of the recreational vehicle (RV), boat, or trailer may be on or over the sidewalk or right of way, including, without limitation, tires, slide outs, awnings, other protrusions from the body of the recreational vehicle (RV), boat, or trailer, cords, wires, hoses, or other appurtenances. (5) No tarps or vehicle covers shall be placed upon any recreational vehicle (RV) or trailer parked on any public roadway. This section shall not apply to covers offering interior protection for boats. Any recreational vehicle (RV) parked in accordance with this section shall not be occupied or used as sleeping quarters or for other housekeeping purposes. B. A commercial vehicle, semi -tractor and attached semi -trailer, or truck temporarily parked for only that period of time necessary to expeditiously complete rendering services to real property located within 200 feet of the commercial vehicle. 4. Public Off -Street Parking. No vehicle shall be left unattended or parked in a 24-hour public off-street parking zone for a period exceeding 48 hours. No semi -tractor, truck, or semi -trailer shall be parked upon any public street or private property located in a residential district other than when being loaded and/or unloaded or otherwise rendering services within 200 feet of the commercial vehicle, and such loading and/or unloading or rendering of service locally shall not exceed 12 hours between the hours of 7:00 a.m. and 7:00 p.m., or four hours between the hours of 7:00 p.m. and 7:00 a.m. No loading and/or unloading of a semi -tractor, truck, or semi -trailer during permissible hours is allowed to extend over more than two consecutive calendar days. Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 17'h day of April, 2023, and approved t a f April, 2023. R. les Bottenberg, Mayor Pro Tern ttest: V/ " t&'� Rebecca D. Schuett, City Clerk 4