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The violation of any provision of this chapter is a nuisance and a civil infraction subject to enforcement and prosecution under the city's Civil Enforcement Chapter in addition to any other means of enforcement available to the city before any court or administrative body of competent jurisdiction. Upon a determination that a person has violated any requirement or prohibition of this chapter, that person shall be subject to a fine of up $500 per violation. Each day of violation, event or occurrence may be deemed a separate citable and punishable offense.
(Ord. 2014-05-02, passed 5-13-2014)
The city shall not be liable to any person for any loss, injury or damage to persons or property arising from any act, omission, requirement or prohibition of this chapter. Any person, owner or user of property that fails to promptly comply with the requirements or prohibitions of this chapter shall be answerable to any person injured by such a failure for any and all damages recoverable by an action at law. If any claim or legal action is brought against the city arising from a person's actions or failure to act as required by this chapter, the person responsible for the action or failure to act that gave rise to the claim shall be liable to the city for its costs and damages in defending any such claim, including reasonable attorney and witness fees and any penalty or judgment that a court may impose against the city.
(Ord. 2014-05-02, passed 5-13-2014)
(A) For purpose of this section, RECREATIONAL VEHICLE or TRAILER means any vehicle that is self-propelled or towed by a motor vehicle and designed for camping, non-permanent or recreational habitation.
(B) No person shall live, sleep or reside in a recreational vehicle or trailer located on a lot or on a public street for more than 5 consecutive days nor more than 10 days total in a 30-day period, unless a permit issued by the City Manager is first obtained and displayed in the front window of the recreational vehicle or trailer. The City Manager shall assess a $20 fee for such a permit and may place reasonable conditions, including time limitations, on the permit.
(Ord. 2014-10-01, passed 11-11-2014; Am. Ord. 2022-08-04, passed 9-13-2022)
(A) Lodging in vehicle prohibited. Between the hours of 9:00 p.m. and 6:00 a.m., no person shall use a vehicle for lodging on any public street, parking lot or other public property in the city. As used in this section, vehicle lodging means the combination of one or more of the activities in division (A)(1) with one or more of the activities in division (A)(2) where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for living accommodations. As used in this section, “vehicle” means any vehicle, car, truck, van, a motorized or towed recreational vehicle, trailer or coach.
(1) Storing of contents inside a vehicle that are not associated with ordinary vehicle use, such as a sleeping bag bedroll, blanket, sheet, pillow, kitchen utensils, cookware equipment, bodily fluids, the storage or placement of personal possessions or belongings that obscure some or all of the vehicle’s windows; and
(2) The preparation or cooking of meals or sleeping.
(B) Penalty. Violation of this section constitutes a civil infraction of the Banks Code of Ordinances (BCO) that may be prosecuted pursuant to BCO Ch. 27 (Civil Enforcement).
(C) Exception. This section shall not apply when a recreational vehicle or trailer is lawfully used for temporary habitation pursuant to BCO 90.08 (Use of a Recreational Vehicle as Dwelling).
(Ord. 2016-12-02, passed 2-10-2017; Am. Ord. 2022-08-04, passed 9-13-2022)