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O-2594-2-07ORDINANCE NO. 2594-2-07 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ALLEN BY AMENDING CHAPTER 6, HEALTH AND ENVIRONMENT, ARTICLE IV, PROPERTY MAINTENANCE CODE, SECTION 6-85, EXTERIOR GROUNDS; CHAPTER 9, MOTOR VEHICLES AND TRAFFIC, ARTICLE DI, STOPPING, STANDING AND PARKING GENERALLY, DIVISION I, GENERALLY, SECTION 9-227, PARKING OF TRUCKS, TRACTORS, ETC., IN RESIDENTIAL DISTRICTS; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000) 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 Allen Code of Ordinances is amended in part by amending Chapter 6, Health and Environment, Article IV, Property Maintenance, Section 6-85, Exterior Grounds; Chapter 9, Motor Vehicles ' and Traffic, Article D:, Stopping, Standing and Parking Generally, Division I, Generally, Section 9-227, Parking of trucks, tractors, etc., in residential districts, such amendments to read as set out in full in Exhibit "A," attached hereto, and made a part hereof for all purposes, the same as if fully copied herein. SECTION 2. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Allen Code of Ordinances as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Allen Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Allen Code of Ordinances, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500), except that a fine of Two Thousand Dollars ($2,000) shall be imposed for a violation of provisions of this ordinance that govern fire safety, zoning, or public health and sanitation including the dumping of refuse, not to exceed or be less than the penalty prescribed by state law, for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. ' SECTION 6. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. 1 1 Ll DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13TH DAY OF FEBRUARY, 2007. APPROVED: StepheifTerrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, C ATTORNEY Shelley B. Georg C, CITY CRETARY Ordinance No. 25942-07, Page 2 EXHIBIT "A" AMENDMENTS TO ALLEN CODE OF ORDINANCES ' "Chapter 6 HEALTH AND ENVIRONMENT ARTICLE IV. PROPERTY MAINTENANCE CODE Sec. 6-85. Exterior grounds. (h) Parking and storage of vehicles. (1) In residential districts: a. The parking or storage of any motor vehicle within any yard upon any surface other than a driveway or improved surface is prohibited. All other vehicles, motorized and non - motorized, except as provided below, are prohibited within the front yard. b. Comer residential lots shall maintain two (2) front yards (street side yard). The above described front yard requirements shall apply to both yards. c. The parking or storage of motor homes, recreational vehicles and small utility trailers within the front yard upon any surface other than a driveway or improved surface is prohibited. Motor homes, recreational vehicles and small utility trailers may be parked on the residential ' premises of the owner, provided that it is parked or stored within that portion of the residential lot which is located to the rear of the required front building line, and provided that grass and weeds are maintained in a neat an orderly fashion, not to exceed six (6) inches in height. d. The parking, standing or storing of trucks, trailers, or truck -tractors in residential areas, yards or driveways for other than actual supervised loading or unloading of goods and passengers is prohibited. e. No recreational vehicle, boat or trailer that has been wrecked, dismantled or disassembled, or that is inoperable shall be parked, stored, or maintained in an area visible from any street. No motorized vehicle or trailer with flat or missing tires shall be parked, stored or maintained in an area visible from any street. (2) In non-residential districts: a. The unscreened parking or storage of any motor vehicle, recreational vehicle or trailer upon any surface other than an improved surface shall be prohibited. b. The nonconforming residential uses located in the Central Business District (CBD) shall comply with the same provisions as the residential zoned areas. ' Chapter 9 MOTOR VEHICLES AND TRAFFIC Ordinance No. 25942-07, Page 3 ARTICLE DL STOPPING, STANDING AND PARKING GENERALLY ' DIVISION 1. GENERALLY 1 Sec. 9-227. Parking of trucks, tractors, etc., in residential districts. (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 1/2) tons according to the manufaehuees rated classification, or any 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. (d) It shall he unlawful for any person to park any recreational vehicle upon any public street, alley or public right-of-way within the city, except that a recreational vehicle may be parked on a residential street for the purpose of loading and unloading for a period not to exceed 24 hours, and a recreational vehicle belonging to a person visiting a residential dwelling may be parked on a residential street for a period not to exceed 5 consecutive days." Ordinance No. 2594-2-07, Page 4