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Home My WebLink AboutO-1850-7-00ORDINANCE NO. 1850-7-00 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 6, ARTICLE IV. PROPERTY MAINTENANCE CODE, SECTION 6-81 TO ADD DEFINITIONS; BY AMENDING SECTION 6-85(t) RELATING TO THE PARKING AND STORAGE OF VEHICLES; AMENDING CHAPTER 9, ARTICLE VHI, SECTION 9-203 RELATING TO TRUCK ROUTES; BY AMENDING SECTION 9-227(a) AND (b) RELATING TO PARKING IN RESIDENTIAL DISTRICTS; BY ADDING SECTION 9-229 TO PROHIBIT THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE, EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Collin County, Teras, be and is hereby amended by amending Chapter 6, Article IV, Property Maintenance Code, Section 682 in part to add the followmg definitions to read as follows: "ARTICLE IV. PROPERTY MAINTENANCE CODE Sec. 682. Definitions. Add Commercial motor vehicle. Means a motor vehicle, other than a motorcycle, designed or used for: (1) transportation of property; or (2) delivery purposes. Light truck. A commercial motor vehicle that has a manufacturer's rated carrying capacity of one and one-half (1%s) ton or less. ' Recreation vehicle. A motor vehicle primarily designed as temporary living quarters for recreational camping or travel use which can be towed, hauled, or driven. The term includes, but is not limited to, a travel trailer, camping trailer, truck camper, motor home, including any truck, truck -tractor or other vehicle exclusively used to tow or haul a recreation vehicle. Semitrailer. A vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carred by another vehicle. Standard driveway. The pavement between the street and the garage or carport, which is to be no wider than the width of the garage or carport which it serves, or twenty-two (22) feet, whichever is greater, or a paved circular driveway which is intended to facilitate easier access to the main entrance of the premises. Trailer. A vehicle that: (1) is designed or used to carry a load wholly on its own structure which does not exceed eighteen (18') feet in length; and ' (2) is drawn or designed to be drawn by a motor vehicle. Truck -tractor. A motor vehicle: (1) designed and used primarily for drawing another vehicle; and (2) not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn." SECTION 2. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 6, Article IV, Property Maintenance Code, Section 6-85 in part to read as follows: `Sec. 6-85. Exterior Grounds. (t) Parking and storage of vehicles --Residential properties (1) It shall be unlawful for the owner, occupant, or person in charge of property coned for residential, duplex, townhouse, or multifamily uses to permit the parking, standing, or stoning of automobiles, buses, trucks, tractors, motor homes, motorcycles, mopeds, arm machinery, all -terrain vehicles, boats, aircraft, recreational ' vehicles, golf carts, go carts, trailers, house trailers, campers, camper shells, wheeled towing frames, semi -trailers, truck, beds mounted on chassis, mobile homes, all vehicles motorized and nonmotorized, within the front yard, except, passenger motor vehicles, light trucks, house trailers, motor homes, motorcycles, trailers, recreational Ordinance No. 1850-7-00, Page 2 vehicle, mopeds and boats may be parked on the standard driveway of a lot with a garage driveway connection to the street. Vehicles must be wholly parked or stored within the property line, not block public walks, be in a good state of repair, maintained in such condition as not to be unsightly, and parked or stored in a safe manner, so as to protect the health and safety of all person. Boats, motorhomes, recreational vehicles, and small utility trailers may be parked on the residential premises of the owner provided such boat, recreational vehicle or utility trailer is parked or stored within that portion of the residential lot which is located to the rear of the required front building line provided grass and weeds are maintained in a neat and orderly fashion, not to exceed six (6) inches in height. (2) Comer residential lots shall maintain two (2) front yards (street side yard). Above- described front yard requirements shall apply to both yards. (3) The nonconforming residential uses located in the Central Business District (CBD) shall comply with the same provisions as the residential zoned areas. SECTION 3. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 9, Article VIII, Section 9-203, in part to read as follows: ' "ARTICLE VDI. TRUCK ROUTES Sec. 9-203. Departure from designated routes. The operator of a truck tractor, semitrailer, pole trailer or trailer restricted to the streets designated as "truck routes" by this article may depart from the truck routes when it is necessary to reach a truck terminal or to load or unload merchandise at locations situated off designated truck routes. The operator of a truck tractor, semitrailer, pole trailer or trailer shall not leave a designated truck route until the operator has reached a turning off point leading to the ultimate destination of the vehicle by the shortest practical route which is consistent with the reasonable operation of the vehicle. Secs. 9-208-9-220. Reserved." SECTION 4. The Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 9, Article IX, Division 1, by amending Section 9-2(a) to add a definition of commercial vehicle and amend Section 9-227, and by adding Section 9-229 to read as follows: "ARTICLE IX. STOPPING, STANDING AND PARKING GENERALLY ' DIVISION 1. GENERALLY Ordinance No. 1850-7-00, Page 3 Sec. 9-2. Definitions. ' (a) In this chapter: Add Commercial motor vehicle. Means a motor vehicle, other than a motorcycle, designed or used for: (1) transportation of property; or (2) delivery purposes. Sec. 9-227. Parking of trucks, tractors, etc., in residential districts. (a) It shall be unlawful for any person to park or stand any truck with a rated capacity in excess of one and one-half (1%) ton according to the manufacturer's classification or any bus, semitrailer, service vehicle, pole trailer, truck -tractor, house trailer, special mobile equipment, faun tractor or implement of husbandry upon any public street, alley or public right-of-way, or upon property within a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading and unloading passengers, freight or merchandise. ' (b) It shall be unlawful for any person to park or stand any truck with a rated capacity in excess of one and one-half (1%,) ton according to the manufacturer's rated classification or any motor home, bus, trailer, semitrailer, pole trailer, truck -tractor, house trailer, special mobile equipment, farm tractor or implement of husbandry upon any public street, alley or public right-of-way within the city at any time from thirty (30) minutes after sunset until thirty (30) minutes before sunrise. See. 9-229. Parking of commercial vehicles. A person commits an offense if he stops, parks or stands a truck -tractor, road tractor, trailer, semitrailer, pole trailer, bus, or any commercial motor vehicle upon a public street, alley, parkway, boulevard, or public place. This section shall not apply to street construction, maintenance, and repair equipment; trucks, equipment, trailers, and vehicles used by public service utility companies engaged in repairing or extending public service utilities; motor busses when taking on or discharging passengers at customary bus stops; other vehicles when actually parking at a designated loading zone, or where it is lawful to park a commercial motor vehicle for the purpose of accepting or delivering transportable goods; or a vehicle with a mechanical defect, making it unsafe to proceed further, in which event, it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs. Sec. 9-230-9-240. Reserved." ' SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or Ordinance No. 1850-7-00, Page 4 unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. ' SECTION 6. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. 7 L SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the Code of Ordinances of the City of Allen, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. Any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Allen, Collin County, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500) for each offense, except however, where a different penalty has been established by state law for such offense the penalty shall be that fixed by state law, and for any offense which is a violation of any provision of law that governs fire safety, zomng, or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($29000) for each offense; and each and every day said violation is continued shall constitute a separate offense. SECTION 9. This ordinance shall take effect sixty (60) days from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and its is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 0 DAY OF JULY, 2000. APPROVED: `�� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, qM ATTORNEY Judy Mo n, CMC/AAE, CITY SECRETARY Ordinance No. 1850-7-00. Page 5