ORDINANCE NO. 1026

AN ORDINANCE AMENDING SEC. 18-2 OF THE

MUNICIPAL CODE OF THE CITY OF FORT MORGAN (1994)

TO ADD SECTION 1212 TO THE MODEL TRAFFIC CODE, 2003 REVISION, PROHIBITING THE PARKING OR STORAGE

OF CERTAIN VEHICLES UPON THE STREETS OF THE CITY,

 EXCEPT STATE HIGHWAYS WITHIN THE CITY;

AND AMENDING SEC. 6-11(a) OF THE MUNICIPAL CODE (1994).

       WHEREAS, the Council has the power to pass all such ordinances as shall be necessary to provide for the safety, preserve the health, promote prosperity, improve the morals, order, comfort and convenience of the City and its inhabitants and to enforce obedience to such ordinances by fines, penalties and forfeitures, Article IV, Sec. 18, Charter of the City of Fort Morgan, Colorado (1914);  and,

       WHEREAS, the parking or storage of certain types of vehicles upon the streets of the City may present a safety hazard to traffic and pedestrians; and,

 WHEREAS, parking on the streets in residential and business districts of the City is reserved for customary and ordinary residential and business uses, and not for the parking or storage of trailers or recreational vehicles.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF FORT MORGAN, COLORADO:

Section 1.   Section 1212, Parking Prohibition for Specified Vehicles on City Streets, is hereby added to the Model Traffic Code:

1212.             Parking Prohibitions for Specified Vehicles on City Streets. 

(1)              Application:  The prohibitions hereinafter set forth shall apply to the following vehicles:

“Camper coach” means an item of mounted equipment, weighing more than five hundred pounds, which when temporarily or permanently mounted on a motor vehicle adapts such vehicle for use as temporary living or sleeping accommodations, 102(9);

“Camper trailer” means a wheeled vehicle having an overall length of less than twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle over the public highways and which is generally and commonly used for temporary living or sleeping accommodations, 102(10);

“Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry, 102(23);

“Implement of husbandry” means every vehicle which is designed for agricultural purposes. It also includes equipment used solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer, in or on the equipment used for its application, shall be deemed a part of application if it is incidental to such application. It also includes hay balers, hay stacking equipment, combines, tillage and harvesting equipment, and other heavy movable farm equipment primarily used on farms and not on the highways. Trailers specially designed to move such equipment on highways shall, for the purposes of part 4 of article 4 of title 42, C.R.S., be considered as component parts of such implements of husbandry, 102(30);

“Mobile machinery” or “self-propelled construction equipment” means those vehicles, self-propelled or otherwise, which are not designed primarily for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo over the public highways, and those motor vehicles which may have originally been designed for the transportation of persons or cargo but which have been redesigned or modified by the mounting thereon of special equipment or machinery, and which may be only incidentally operated or moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches, 102(37);

“Motor home” means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van, 102(40);

“Noncommercial or recreational vehicle” means a truck operated singly or in combination with a trailer or utility trailer when the truck does not exceed six thousand five hundred pounds or a motor home, which truck or motor home is used exclusively for pleasure, enjoyment, other recreational purposes, or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise in any business or commercial enterprise, 102(44);

“Pole”, “pipe trailer”, or “dolly” means every vehicle of the trailer type having one or more axles not more than forty-eight inches apart and two or more wheels used in connection with a motor vehicle solely for the purpose of transporting poles or pipes and connected with the towing vehicle both by chain, rope, or cable and by the load without any part of the weight of said dolly resting upon the towing vehicle. All the registration provisions of articles 1 to 4 of title 42, C.R.S., shall apply to every pole, pipe trailer, or dolly, 102(54);

“Semitrailer” means any wheeled vehicle, without motor power, designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways, 102(67);

“Trailer” means any wheeled vehicle, without motive power and having an empty weight of more than two thousand pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways, 102(82);

“Trailer coach” means any wheeled vehicle having an overall width not exceeding eight feet and an overall length, excluding towing gear and bumpers, of not less than twenty-six feet and not more than forty feet, without motive power, which is designed and generally and commonly used for occupancy by persons for residential purposes, in temporary locations, and which may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle, 102(83(a);

“Utility trailer” means any wheeled vehicle weighing two thousand pounds or less, without motive power, which is designed to be drawn by a motor vehicle and which is generally and commonly used to carry and transport personal effects, articles of household furniture, loads of trash and rubbish, or not to exceed two horses over the public highways, 102(87).

(2)              Unless a permit shall have been issued by the City to authorize a vehicle to be temporarily parked or stored at a specific location within the City, no person shall park or store any “vehicle” as specified in subparagraph (1) hereof on any public street, alley or right-of-way within the City limits that is not within a designated industrial zone district or other area specifically posted to permit such parking, except for the purpose of loading or unloading of persons and/or property or by an operator using an adjacent motel or hotel, and then only for a period not to exceed seventy-two (72) hours.  Such temporary placement may not last more than seventy-two (72) hours, but trying to avoid the intent of the Section 1212 by moving the vehicle a short distance, attaching it to a tow vehicle or driving it around the block does not start a new seventy-two (72) hour period.  The parking limitations imposed by Sec. 6-11(a) of the Fort Morgan Municipal Code (1994) shall continue to apply as therein provided for a motor home or travel trailer, except as amended hereby. No camper coach, camper trailer, motor home, recreational vehicle, trailer coach or utility trailer shall be used for dwelling or sleeping purposes while parked in any such place.

(3)              No such vehicle shall be stored on any lot in a residential or business district in such manner as to impede visibility of pedestrian or vehicular traffic.

(4)              Any person, firm or corporation owning or operating a vehicle parked in violation of any provision of this Section 1212 shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00).  It shall constitute a separate offense each calendar day that a violation occurs or continues.

Section 2.   Sec. 6-11(a), Parking of travel trailers, Fort Morgan Municipal Code (1994) is hereby amended to delete there from the following sentence:  “Neither shall the same be parked on any other street within the City for a period in excess of twenty-four (24) hours.”  As amended, such provision shall now read in its entirety as follows:

Sec. 6-11.   Parking of travel trailers.

          (a)   No motor home or travel trailer, either attached or detached from the vehicle pulling or propelling the same, shall park or be parked upon any real property within the City, except in a licensed and approved mobile home park or travel trailer park as contemplated by this Chapter, nor shall the same be parked upon Main Street south of Platte Avenue, or Kiowa or Beaver Avenues between Ensign and State Streets, nor upon any alley or public ground within the City, except in the areas set aside and designated for such purpose in Riverside Park.

READ, PASSED ON FIRST READING AND ORDERED PUBLISHED the 7th day of February, 2006.                                                                                                                                                                                                                                                                       THE CITY COUNCIL OF THE CITY

                                                                                   OF FORT MORGAN, COLORADO

[ SEAL ]

                                                                                   BY: /s/ Jack L. Darnell

                                                                                                             Mayor

ATTEST:

/s/ Nancy J. Lockwood

        City Clerk

      PASSED, APPROVED AND ADOPTED ON FINAL READING AND ORDERED PUBLISHED BY TITLE ONLY on the 21st day of February, 2006.

THE CITY COUNCIL OF THE CITY

OF FORT MORGAN, COLORADO

[ SEAL ]

                                                                                    BY: /s/ Jack L. Darnell

                                      Mayor

ATTEST:

 /s/ Nancy J. Lockwood

        City Clerk

STATE OF COLORADO            )

COUNTY OF MORGAN             ) ss.                                     CERTIFICATE

CITY OF FORT MORGAN         )

       I, Nancy Lockwood, the duly appointed, qualified and acting Clerk of the City of Fort Morgan, Colorado, do hereby certify and attest that the foregoing Ordinance No. 1026 was, as a proposed Ordinance duly and legally presented to the City Council of the City of Fort Morgan, Colorado, at a regular meeting on the 7^th day of February, 2006.  Said Ordinance, as proposed, was duly read at length at said regular meeting, and thereafter the same was, on the 10^th day of February, 2006 published in the Fort Morgan Times, a daily newspaper of general circulation published and printed in the City of Fort Morgan, Morgan County, Colorado.  Said proposed Ordinance was again taken up and read a second time, duly and legally passed, approved and adopted at a regular meeting of the City Council held on the 21st day of February, 2006.  Within five (5) days after its final passage, said Ordinance was published by title only in the Fort Morgan Times, a daily newspaper of general circulation published and printed in the City of Fort Morgan, Morgan County, Colorado.

                                                                /s/ Nancy J. Lockwood

               City Clerk