A. Definitions:
RECREATIONAL VEHICLE: For the purposes of this section, means any motor home, travel trailer, fifth wheel trailer, tent trailer, passenger van, or bus that is being used as a temporary dwelling.
Unless located in an established and City approved recreational vehicle park, motor homes, recreational vehicles, travel trailers, fifth wheels, passenger vans and buses (hereafter referred to generically as "recreational vehicles") shall not be used as permanent dwellings.
No private property owner/person in charge of private property inside City limits may allow temporary use of recreational vehicles as dwellings in excess of fourteen (14) days per calendar year. The property owner, person in charge of private property, or the person(s) dwelling inside the vehicle shall be liable for any use in excess of fourteen (14) days.
TEMPORARY USE PROPERTY: Private property on which a recreational vehicle as described herein is being used as a temporary dwelling. The maximum number of days allowed for such use is fourteen (14) days per property per calendar year. Only one (1) recreational vehicle may be used as a temporary dwelling on any given private property at any given time.
The fourteen (14) day use limit may include one (1) recreational vehicle used for fourteen (14) days in a calendar year, or multiple recreational vehicles used separately which in aggregate would total fourteen (14) days in a calendar year.
For the purposes of this Code, temporary property use includes allowing the use of a recreational vehicle as a break room, a social lounge, a lunch room, a food preparation area, and a daytime slumber room.
B. Prohibited: No person shall use a motor home, recreational vehicle, travel trailer, bus, truck camper, or other vehicle parked on public property as a residence, or reside therein.
1. Evidence Of Dwelling: The following are indications that a recreational vehicle is being used as a dwelling (not an exhaustive list):
a. Cooking inside the vehicle.
b. Sleeping inside the vehicle.
c. Showering/bathing inside the vehicle.
d. Using the toilet facilities located in the vehicle.
e. The property owner's statement that the vehicle is being used as a dwelling.
f. The vehicle owner's admission that the vehicle is being used as a dwelling.
g. Statements by neighbors in the immediate vicinity that the vehicle is being used as a dwelling.
C. Excessive Odors Prohibited: No property owner/person in charge of property shall allow the temporary use of a recreational vehicle that propagates objectionable smells which emanate from any recreational vehicle being used, to include holding tank odors and refuse odors.
D. Generator Use/Noise: The use of generators with itinerate recreational vehicles shall be governed and controlled by the established City Code regarding production of sound and noise.
E. Construction Project/Worker Exception: Upon application and with approval and appropriate permitting by the City, contractors, construction companies and their workers while on the job may be granted exception from the fourteen (14) day limit on use of recreational vehicles as temporary dwellings.
F. Permit Required: A property owner/person in charge of private property shall acquire from the City, through an established application process, a temporary property use permit, designating the type of vehicle being used, the private property on which it will be allowed, the number of occupants, and the length of stay of said occupants to include a beginning date and an ending date of stay. The application and permit shall be of City design, and the approved permit shall be displayed in a conspicuous place on the vehicle which is visible from a public right-of-way. The permit fee shall be thirty dollars ($30.00), and shall be non- refundable, regardless of whether or not the temporary use occurs as specified on the permit.
The permit fee under the construction project exception shall be set at a rate to be determined by the City Council, and may be set at a monthly rate if deemed appropriate.
G. Inspection By City Officials: If it is suspected or known that the temporary use of a recreational vehicle is occurring on private property, and no permit is clearly visible, it is prima facie evidence of unpermitted use of private property regarding the use of a recreational vehicle as a temporary dwelling. When a City official observes the lack of a visible permit, the official may inquire of the private property owner/person in charge of private property, and the occupants of the vehicle, to include an internal inspection of the vehicle to determine if it is being used as a dwelling.
H. Violation: If it is determined by the City that a private property has on it a recreational vehicle being used as a dwelling without the required permit, or an issued permit has expired, a citation to appear in court may be issued to the private property owner/person in charge of property, or the person using the vehicle as a dwelling, whoever is deemed most appropriate.
In lieu of immediately issuing a citation, a City official may allow the offending party the opportunity to immediately acquire the necessary permit from City Hall, or if the recreational vehicle is present under an expired permit, the recreational vehicle owner may be given opportunity to immediately remove the vehicle from the property.
Each day a property is being used without a current valid permit constitutes a separate and ongoing violation of this section.
I. Penalty: Upon conviction, the private property owner/person in charge of property, or the person using the vehicle as a dwelling without a permit may be ordered to pay a fine not to exceed five hundred dollars ($500.00).
J. Abatement For Ongoing Offense/Non-Payment Of Fines: In the event a person is found guilty of violating this section, but continues to allow non-permitted use, the City may abate the violation by causing the recreational vehicle being used to be towed from the property after giving the property owner/person in charge of property seventy two (72) hour written notice of intent to tow.
K. Pre-Tow Hearing: Prior to the removal of a recreational vehicle, the property owner/person in charge of property, or the owner/responsible party of the vehicle may request an administrative hearing before the City Manager. A request must be in writing, and must be submitted to the City Manager within the seventy two (72) hours of the written notice given to the property owner/person in charge of property.
The purpose of the hearing, if requested, is to allow facts to be presented to the City Manager (or his/her designee) in order for a determination to be made as to the validity of the tow.
If a hearing is requested, the recreational vehicle will not be removed from the property until the final outcome and disposition of the hearing.
If facts are presented at the hearing which gives reasonable cause to believe the ordinance is continuing to be violated, the City Manager will order the removal of the recreational vehicle. If reasonable cause does not exist, the recreational vehicle will not be removed from the property. The burden of proof necessary is a preponderance of the evidence. (Ord. 983, 2-13-2017)