HomeMy WebLinkAboutOrdinance No. O03-05ORDINANCE NO. O0~-05
ORDINANCE AMENDING CHAPTER 8.12 OF THE
LAUREL MUNICIPAL CODE RELATING TO NUISANCES.
WHEREAS, changes have been recommended to the Laurel City Code relating to
nuisances; and
WHEREAS, it is in the best interests of the residents of the City of Laurel to pass such an
ordinance;
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
Chapter 8.12.030 shall be amended as follows:
8.12.030 Abandoned Vehicles, Storage or Parking of Vehicles, Storage of Trailers and
Recreational Vehicles, Storage of Salvage, Inoperable Vehicles or Junk Vehicles
Definitions. For the purposes of this section, the temas used above shall be
defined as follows:
1. AUTOMOBILE: A two (2) or more wheeled or track vehicle designed to
transport one (1) or more persons or properties from one (1) location to
another including without limitation: tracks, buses, cars, motorcycles,
scooters, farm and industrial equipment.
2. INOPERABLE VEHICLE: Any automobile incapable of immediate
operation under its own power safely and in concurrence with governing
and applicable traffic-ordinances and statues or any automobile not
having current license plats lawfully affixed thereto.
3. PERMANENT STORAGE: Storage of chattel, salvage, rubbish or junk
for a period exceeding five (5) days without moving.
4. JIJNK: Junk means any worn out, cast offor discarded article or material
which is ready for destruction or has been collected or stored as salvage,
for conversion to some other use or for reduction into components. Junk
includes but is not limited to old or scrap brass, rope, rags, batteries,
paper, tires, robber debris or waste, iron, steel and other old or scrap
ferrous or non-ferrous material.
5. JUNK VEHICLE: A junk vehicle means any automobile, which is
mined, wrecked, partially dismantled and which is not lawfully and
validly licensed.
Abandoned Vehicles. All inoperable automobiles, or parts thereofi parked or
stored for a period exceeding five (5) days shall be considered abandoned.
Any such automobile that in the judgment of the Code Enforcement Officer
appears to be abandoned, including parts thereto, shall be removed and
disposed of in a manner set forth by the Code Enforcement Officer.
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Storage or Parking of Vehicles. In all residential zoning districts, storage or
parking of commercial vehicles shall be limited to one (1) delivery or delivery
type vehicle not to exceed eight thousand (8,000) pounds G.V.W. (Gross
Vehicle Weight).
Storage of Trailers and Recreational Vehicles. Snowmobiles, boats,
motorized vehicles that are incapable of being legally operated on a public
street, or other recreational vehicles and campers, camper trailers or motor
homes, and utility/sport trailers whose manufacturers specifications do not
exceed ten (10) feet in width and twenty-seven (27) feet in length shall be
parked or stored as follows:
1. In rear yards; or
2. In side yards, providing that the following conditions are met:
The property does not have public alley access or other
reasonable access to the rear yard;
The side yard area to be used for such parking or storage has a
prepared surface of gravel, asphalt or concrete;
The urfit shall not be parked any nearer than three (3) feet from
the side lot line or five (5) feet from any door, window, or other
opening of a dwelling which provides light, air, entrance to, or
exit f~om the dwelling as needed to preserve the health, safety,
and general welfare of the occupants of the dwelling; and
For purposes of this section, the side yard of a comer lot, which
is adjacent to the street, is regarded as a front yard and no such
parking or storage is allowed.
3. Trailers may be parked in the street if attached to a towing unit and
complying with parking ordinances.
4. It shall be unlawful for any person or firm to park or store such vehicles
in any front yard.
5. It shall be unlawful to occupy campers, camping trailers, or motor
homes for living or sleeping purposes for longer than 14 days per
calendar year.
a. Campers shall not be connected to the City sewer system.
Storage of Salvage. Permanent open storage of salvage, inoperable vehicles,
rubbish, lumber, furniture, appliances, used oil, can, containers, or other
chattel shall not be permitted in any zoning district. Exceptions to this
restriction are principal uses of property (e.g. auto wrecking), which may be
permitted in business lawfully operated in non-residential zoning districts,
where the storage of such materials is necessary to the operation of the
business enterprise.
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Exception: Lumber may be stored in the rear yard covering no more than 1%
of the lot area.
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Inoperable Vehicle or Junk Vehicle. Storage, parking or leaving any
inoperable vehicle or junk vehicle shall not be permitted in any district. This
section shall not apply to:
1. Vehicles stored in conjunction with a business lawfully operated in non-
residential zoning districts, where the storage of such materials is
necessary to the operation of the business; or
2. An automobile or part thereof which is completely enclosed within a
building in a lawful manner and where it is not visible from the street or
other public or private property.
G
Any person who allows a public nuisance as set forth in this chapter to exist
shall be notified that the nuisance must be removed within ten days after the
receipt of the notice. If the nuisance continues to exist after that time, the
person shall be guilty of a violation of this chapter and shall be pun/shable as
set forth in Section 8.12.100. Such person shall be guilty ora separate offense
for each day after the ten-day period that the nuisance continues to exist.
Furthermore, the chief of police may abate the nuisance without prosecution,
and the city may assess the expense of the abatement to the premises pursuant
to Section 8.12.100.
This ordinance shall become effective thirty (30) days after final passage by the City Council and
approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
November 18., 2003, by Alderman Poehls
PASSED and ADOPTED by the Laurel City Council on second reading this 16th day
of December ,2003, upon motion of Alderman Made
APPROVED BY THE MAYORthis 16th day of December ,2003.
ATTEST:
^s,
Mark Anderson, Temporary City Attorney
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