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2006-047 S :\Our Documents\Ordinances\06\Rccrcationa lCommerciaJV chiclel'arkingOrdinance2.doc ORDINANCE NO. cJ006 -01'7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 20 BY CREATING ARTICLE VI ENTITLED "CERTAIN PARKING REGULATIONS"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Article VI titled "Certain Parking Regulations" of Chapter 20 of the Code of Ordinances of the City of Denton is hereby created and it shall read as follows: ARTICLE VI. CERTAIN PARKING REGULATIONS Sec. 20-180. Definitions. Improved surface means an area paved with concrete, asphalt or comparable surfacing, constructed to standards on file in the office of the Director of Engineering. All improved surfaces shall be constructed in compliance with any applicable standards set forth in the Denton Development Code and the City of Denton Transportation Criteria Manual. Motorcycle means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground. The term does not include a tractor or any other self-propelled farm equipment. Motor vehicle for the purposes of this article shall only include passenger cars, pickup trucks and motorcycles. Passenger car means a self-propelled vehicle designed or used primarily for the transportation of persons upon streets and does not include truck-tractors, trailers, campers, recreational vehicles, travel trailers or farm tractors. Street means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. Truck-tractor means a motor-driven vehicle designed and used primarily for drawing another vehicle and not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn. Vehicle means a device in or by which a person or property is or may be transported or drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers, campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel trailers, self- propelled farm equipment, motor-boats or boat trailers. For the purposes of this article, vehicles S:\Our Documents\Ordinanccs\06\RecreationalCommercialV ehicleParkingOrdinance2 .doc shall not include non-motorized bicycles, skateboards, roller skates, or any other non-motorized toy vehicle. Sec. 20-181. Parking for certain purposes. No person shall park a vehicle upon any street in the city for the purpose of: (I) Displaying such vehicle for sale, unless this is allowed under Sec. 20-182( a); (2) Washing, greasing or repairing such vehicle; (3) Advertising or soliciting business; or (4) Selling merchandise from such vehicle. It shall be an affirmative defense to prosecution under subsection (2) if the repair was necessitated by an emergency and if the repair was done or the vehicle was towed away within twenty hours of the time the vehicle broke down or ceased to operate properly on the roadway. Sec. 20-182 Vehicles for Sale. (a) No person may have or allow more than one used vehicle for sale on private property. Such vehicle may be parked on the driveway or may be parked on the roadway directly in front of the property provided that such parking on the roadway is legal and is in compliance with all applicable city ordinances and state laws regulating parking of vehicles including overnight parking restrictions. (b) No vehicle for sale may be on any right-of-way or easement nor may any vehicle for sale be within 100 feet of the right-of-way or easement except for vehicles for sale in compliance with subsection (a) of this Section. (c) Subsection (b) shall not apply if the vehicle for sale is parked on the improved portion of the residential property. (d) This seetion shall not apply to any new or used car dealerships provided that the car dealership is in compliance with all state laws and city ordinances. Sec. 20-183. Parking not to obstruct traffic. (a) No person shall park any motor vehicle upon a street or alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the movement of vehicular traffic. (b) No person shall park any vehicle upon the street in any manner as to obstruct the loading or unloading of any solid waste container. Page 2 of 4 S:\Our Documcnts\Ordinances\06\RecrcationalCommerciaIV ehiclcParkingOrdinancc2.doc Sec. 20-184. Parking nuisances. (a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to park in violation of the following provisions: (J) It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district. (2) It shall be unlawful for a person to park or store or allow another to park or store a vehicle in the front yard of any property upon any surface other than an improved surface. Any improved surfaces used or added for the purpose of parking vehicles on any front yard of any lot shall be in compliance with the Denton Development Code and any other applicable ordinances. (3) It shall be unlawful for any person to park or store or allow another to park or store a vehicle in the side yard or in the rear yard of any lot, upon any surface other than an improved surface unless such vehicle is concealed from view from all points along public streets and alleys by a solid, opaque fence or wall providing full screening from the ground to a minimum height of six feet. Any fencing must be in compliance with the Denton Development Code and all applicable ordinances and laws regarding fencing. (4) It shall be unlawful for any person to park or store or allow another to park or store a vehicle on any unimproved lot, easement, or right-of-way. (6) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the storage of trash, debris or personal property not normally associated with the vehicle. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the proVISIOns, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. Page 3 of 4 .. S:\Our Documcnts\Ordinanccs\06\RecreationalCommercialV chicleParkingOrdinancc2.doc SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 2f1 day of Jfk~ 2006. c~hJL EULINE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY~~ \;)111 hw APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 4 of 4