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HomeMy WebLinkAboutOrdinance 791ORDINANCE 791 BEING AN ORDINANCE ~E~DING ORDINANCE NO. 603 BEING ~W ORDINANCE REGULATING THE OPEFt~TING, P~qKING, STORING, REPAIRINO~ SERVICINT ~J~ MAINTFZ~ANCE OF RACING CARS, STOCK CAR.5, JU~( CkRS, BUSSES, MOTOR TR!~CKS, TRACTORS OR CO~$~RC!AL VEHICLES, PROVIDING PENALTIES FOR VIOLATION THEREOF. THE CITY CO~CIL OF THE CITY OF COLbSfB!A HEIGHTS DOES ORDAIN: SECTION 1. Ordinance 603 of the City of Columbia Heifhts City Code which reads as follows: For the purpose of promoti~ health, safety~ order, convenience and geueral welfare in the City of Columbia Heights, the outside parkiug or outside storage, on or near residentis! district properties, of vehicles, materials, supplies or equipment not customarily use~ or needed for use in connection ~th the occupancy of residential property for residential purposes is hereby found to create nuisances and detrimental influence upon the public health, safety~ property, good order and general welfare in such districts~ including obstructiu~ o£ view o~ streets and on private properties, bringing unhealthful and ~oisome odors and materials into residential neighborhoods creating cluttered and otherwise unsightly areas~ preventing the full use of residential streets for residential parking, introd~i ng cmmmercial advertising into areas where ~o~m~ercial advertising signs are otherwise prohibited, and otherwise ad- versely affecti~g residential property values and neighborhood patterns. Sectio~ 2o Definitions. The following words and tenus~ wherever they occur ~'n this' o~dinance, are defined as follows: Perso~n: Person means a natural person, firm, association, partnership or corporation~ and any agen5 of any of the aforesaid. Racing car: Stock Car: Junk Car: Racing car means any motor vehicle ~esigned or intended for operation on a speedway~ racetrack, or other facility used or designed for high speed con- tests between two (2) or more vehicles or for timing of speed. Stock car means any motor vehicle of standardx design and construction which is modified, adapted, or altered in any manner to increase its speed or safety~ and designed or intended for operation on s speedway, racetrack, or other facility used or designed for high speed c~ntests between two (2) or more vehicles or for timing of speed. Junk car means any motor vehicle which is not in operable condition~ or which is partical!y dis- mantled, or w[ich is used for sale of parts or as a source of repair or replacement Darts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind. Bus means a vehicle designed for carrying passengers and havi~g a seating capacity of more than nine persons. Section Section ~ o Section Section 6. Section ?. Section 8. Motor Truck~ truck tractor, or co~aercial vehicle: A vehicle hs~g"~'Ithe'r' a capacity o'~ more than one (!) ton or a weight of more than ~,000 pounds or both. It is unlswfu! for any person to park, keep, place, or store, permit the parking or storage of any stock car, racing car or junk car on a public street or alley, or any private lands ~ or premises which he ovms, occupies or controls for a period longer than 96 hours, unless it shall be within a building on such private premises. It is unlawful for any person owning: driving or in charge of any bus~ motor truck, truck tractor or commercial vehicle to cause or permit the same to be parked or stand longer than 24 ho~rs continuously on, in front of, or beside any property in a residential district, except for the purpose of loading or unloading. .Re~air,~ service, or ~aint~ining No person shall seri~ce, repair replace o~' ~'0' mai'n~'e~ance ~r~c on a stock car, racing car or junk car on public street, nor on any private lands or pre, raises unless it shall be within a building on such private premdses. Oper. ation i{o person shall drive or operate a stock c ar or racmng car on the streets and alleys or elsewhere ~ithin the limits of the City of Columbia Heights. .S.ep.arabi. lj~.ty. Should any section, subdibision, clause or other provision of this ordinance be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the ordinance as a ~o!e nor of any part thereof other than the p~rt so declared, to be invalid. Penalty. Any person violating the provisions of this ordinance 'Sh'ai% be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $~00o00 or by imprisonment for not to exceed 90 days. Effective date. This ordinance shall take effect and be in ~orce' from anJ after thirty (30) days after its passage. Section t. is hereby ~ended to read as follows: For the purpose of proraotin~ health~ safety, order, convenience and general welfare in the Uity of Columbia Heights, th~: outside storage, on or near residential district properties, of vehicles, materials~ supplies or equipment not cu~tomari!y used or needed for use in con~]ection with the occupancy of residential property for residential purposes is hereby found to create nuisances and detr~nenta! influence upon the public health, safety, property~ good order and general welfare in such districts, including obstructing of view on streets and on orivate properties~ bringing unheal~hful and hoisome odors and materials into resid~tial neighborhoods, creating cluttered and otherwise unsightly areas~ preventing the full use of residential streets for residential parking~ introducing com~aerciat advertising into areas ~ere commercial advertising signs are otherwise orohibited, and othe~se adversely affecting residential property values and neighborhood patterns. Section 2. Section 3- Definitions. The fol!ov~ng words and te~as, wherever they occur in ~is ordinance, are defined as follows: Person: Person means a natural perso~s firm~ association~ partnership or corporation, and any agent of any part of the aforesaid. Racin~: Racing car means any motor vehicle designed or intended for operation on ~ speedway~ racetrack, or other facility used or designed for high speed contests between two(2) or more vehicles or for timing of speed. Stock Car: Stock car means any motor vehicle of standard design and construction ~t ich is modified, adapted or altered in any ~ manner to increase its speed or safety, sad d~signed or intended for operation on s speed~' ~ rs. cebrack~ or other facility used or de~.~.~:~n~r]~, for high speed contests b~ee~ two(2) or more vehicles or for timing of speed. Junk vehicles: Junk vehicle means any motor vehicle which is not ~n ope~ab-~e co~dition~ or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles~ or ~hich is kept for scrapping, dismantling, or s a!vage of any ki~d. Failure to prominently display a motor ~ vehicle registration license for the current year shall be prLma facie evidence that such vehicle is a junk vehicle. Bus: Bus means a vehicle designed for carrying passengers an-~--having a seating cepacity of more than mine persons, but not to include any such vehicle vhich has been altered for use for camping purposes exclusively. Motor truck,, truck tractor or co~,~ercial vehicles: A vehicle hay%rig either a capacity of more than 'o~e' '(l) ton or weight of more than ~,000 pounds or both, but r~ot to include vehicles whdch are designed exclusively for recreation purposes. It is unlawful for any person to park, keep, place or store, permit the parking or storage of any stock car~ racing cars or junk vehicle on a public street or alley, or any private lands or premises waich he ~ms, occupies or controls for a period !or~er than 96 ho~rss unless it shall be within a building on such private premises. It is unlawful for any person owning, driving or in charge of any bus, motor truck, truck tractor, or commercial vehicle to cause or permit the same to be parked or stand iomger than 24 hours continuously ems im front of, or beside any property in a residence district, except for the purpose of loading or unloading. It is similarly unlawful for any person ovmings driving~ or in charge of any bus~ motor truck~ truck tractors or com~ercia! vehicle excluded above as being desigmed exclusively for recreation purposes or camping purposes to cause or perr~t more tham two of the same to stand longer ~au 2h hours co~ti~uous!y o~ in front of, or beside any property in a residence district except for the purpose of !oadimg or ~nloading. Section Section Section Section 7. Section 8. ~{epair~ service or Maintaining. No person shall service~ repair~ replace parts or do ~aintenance x~k work on a stock car~ racing car~ or junk car on a public street: nor on any private lands or premises unless it shall be within a building on such private premises. Operation. No person shall drive or operate a stock car or racing car upon the streets and alleys or elsewhere within the limits of the City of Columbia Heights. ,S.eparability. Should any section~ subdivision, clause or other provision o£ this ordinance be declared by a court of competent jurisdiction to be inva!id~ such decision shall not affect the validity of the ordinance as a whole note o£ any part ~ereof other 'than the part so declared to be invalid° Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdameanor and noon c onvdction shall be punished by s fine of not more than $~O0~O0 or by imprisonment not to exceed 90 day~. Effective date. This ordinance shall take effect and be in fo-rc$ £~om' a~'d after thirty (3~ days after its publication. First reading: Sept. !1, 1972 Second reading: Sept° 25, 1972 Offered by: Land Seconded by: Connor Roll call: all ayes Bruce . Nawrockk~ taMor