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HomeMy WebLinkAbout2007 Ordinance No. 004• • • ORDINANCE NO. L SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 2 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AMENDING TITLE 15, CHAPTER 9, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CLARIFY THE TYPE OF TRAILERS THAT MAY BE STORED . WHEREAS, the City Council of the City of Englewood , Colorado wishes to clarify the types of trailers th at might be stored on residential property; and WHEREAS , the clarification provides that a trailer under 3,500 pounds may be sto red in a carport or rear or side yard if it is on a hard surface; and WHEREAS , an additional ORV or trailer under 5,000 pounds may be stored in a rear or side yard if it is on a hard surface and screened from view of adjacent properties and public rights-of-way; and WHEREAS , trailers in excess of 5,000 pounds are not to be stored in residential areas ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of tho City of Englewood, Colorado hereby amends Title 15, Chapter 9, Section 2, of the Englewood Municipal Code 2000, to read as follows : 15-9-2: Vehicles : Off-Road (ORV) and Trailers. A. Off-Road Vehicles (ORV) and Trailers in All Residential Zone Distri cts . I . No ORV or ~trailer shall be stored within the front yard. 2. No person shall store or work on any ORV or~ trailer within the front yard or in or on any public right-of-way, except that such vehic les may be temporarily maintained in the front yard, on a hard surface, for the purposes of transport, loading, unloading, or other temporary activities . Such transport, loading, unloading, or other temporary activities shall not exceed eight (8) hours per day . -1 - 11 b ii 3. One (I) ORV or trajlqyndq 3 SOOpound,. may be stored in a carport ora rear or side yard if it is on a hard surface. Any additional ORV or trailer under SJlOO pound, may be stored in the rear or side yard if it is on a hard surface and screened from view of adjacent properties and public rights-of-way. B. Off-Road Vehicles (ORV) and Trailers in Zone Districts Other Than Residential (including TSA Districts and PUDs). I. No off-road vehicle or trailer shall be stored unless it is on a hard surface, screened from view of adjacent properties and public rights-of-way or in a fully enclosed structure . 2. The provisions of this Section shall not apply to permitted and/or licensed ORV and trailer uses . Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience end welfare. The City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . ~ Sevcrabjljty, If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect , impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . ' Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. ~ Effect of repeal or modificatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liabili'.y, either civil or criminal , which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, dccree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . -2- • • • • • ~ fmill.'£. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every iolation of this Ordinance . Introduced , read in full, amended and passed on first reading on the 8~ day of January, 2007 . Published as amended as a Bill for an Ordinance on the 12~ day of January , 2007 . Read by title and passed on final reading on the 5th day of February, 2007. Publi shed by title as Ordinance No . 't..., Serie s of 2007, on the 9th day of February, 2007 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pa on final reading and published by title as Ordinance No.~ Series of 2007 .