(A) Purpose. The purpose of this parking and open storage ordinance is to provide regulation for the parking and storage of recreational vehicles, camper enclosures, trailers, snowmobiles, boats and other watercraft in the city. These regulations are intended to promote the public health, safety and welfare by reducing traffic hazards; maintain unobstructed access to public sidewalks, thoroughfares and rights-of-way, maintain sanitation standards; and by preserving the character of the neighborhood of the community.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUS. A motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and any other motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
CAMPER. A structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. The term includes but is not limited to a cab-over, half cab-over, non-cab-over, telescopic, and telescopic cab-over.
ENCLOSED STRUCTURE. A building that protects the contents from the elements, including sight obscuring walls on all sides and a roof.
INOPERABLE. With respect to any vehicle, the inability of all significant mechanical and electrical systems on such vehicle to operate properly and dependably, or the absence of any significant parts. With respect to wheeled and/or motorized vehicles, and where applicable, inoperable means the inability of any of the following systems to operate properly and dependably, or the absence of such parts: tires, wheels, brakes, engine, ignition, transmission, suspension, steering, windows, windshield, horn, muffler, rearview mirror, windshield wiper, service brakes, parking brakes, headlights, brake lights, turn signals.
JUNK. Includes the open storage of old appliances, equipment, or parts thereof, old iron or other scrap metal, automobile or truck tires, cardboard, old lumber or scrap wood, rags, rope, paper, debris, rubble, batteries, rubber debris, mattresses or any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components and is not part of a commercial or public salvaging or recycling operation.
JUNK VEHICLE. Any discarded, ruined, wrecked, or dismantled motor vehicle including components parts, that is not lawfully and validly licensed and remains inoperative incapable of being driven (MCA 75-10-501(4)).
MOBILE HOME. Forms of housing known as "trailers", "house trailers", or "trailer coaches" exceeding eight feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to the mobile home or any trailer, house trailer, or trailer coach up to eight feet in width or 45 feet in length used as a principal residence.
MOTORBOAT. A vessel, including a personal watercraft or pontoon, propelled by any machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal source of propulsion. The term includes boats temporarily equipped with detachable motors or engines.
MOTORCYCLE. A motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. A motorcycle may carry one or more attachments and a seat for the conveyance of a passenger.
MOTOR VEHICLE. A vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state; typically, any automobile, car, truck or motorcycle.
OFF-HIGHWAY VEHICLE. A self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. The term includes but is not limited to motorcycles, quadricycles, dune buggies, amphibious vehicles, air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.
OPEN STORAGE ON PRIVATE PROPERTY. The storage for a period of 30 consecutive days or more of junk, salvage, trash, inoperable vehicles and/or merchandise outside of an enclosed structure.
OPERABLE MOTORIZED VEHICLE. Any car, truck, van, recreational vehicle, motorcycle, snowmobile or other vehicle typically powered by an engine that is registered under state law with the department of justice, motor vehicle division, with the appropriate license tags and/or stickers attached to such vehicle showing a current registration.
PERSONAL WATERCRAFT. A vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel.
SNOWMOBILE. A self-propelled vehicle of an overall width of 48 inches or less, excluding accessories that is designed primarily for travel on snow or ice, that may be steered by skis or runners, and that is not otherwise registered or licensed under the laws of the state.
TRAILER. A vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections; including those designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle.
TRAVEL TRAILER. A vehicle, that is 40 feet or less in length, that is of a size or weight that does not require special permits when towed by a motor vehicle; with gross trailer area of less than 320 square feet; and that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence.
(C) Residential. The following standards for parking and open storage of any of the recreational vehicles listed in division (B) of this section, shall apply in all residential districts and on property that is developed for residential use.
(1) Parking and open storage of validly licensed and operable recreational vehicles on private property, except the front yard, is permitted;
(2) Parking and open storage of inoperable recreational vehicles for more than five consecutive days is a prohibited;
(3) Parking and open storage of any recreational vehicle on a city street or city easement or a front yard for more than five days is prohibited;
(4) Parking and open storage of licensed and operable recreational vehicles is allowable in any side or rear yard;
(5) Parking and open storage of licensed and operable recreational vehicles in any yard shall provide at least a five-foot separation between such recreational vehicle and any door, window or other opening of a dwelling or accessory building that provides ventilation or access to the structure.
(6) The use of a recreational vehicle for a guest visiting a resident of Ronan is limited to no more than fourteen five (14) consecutive days. The permanent living or sleeping in a recreational vehicle is prohibited in the City of Ronan.
(7) Parking and open storage of one licensed and operable motor vehicle used for commercial or business purposes is an allowable provided it does not exceed 12,000 pounds in G.V.W. (gross vehicle weight).
(8) Right to be heard. With respect to parking and open storage on private property in a residential district, the owner, or occupant shall have the right to be heard before the City Council as specified in the Community Upkeep and Beautification Ordinance 7-1-700.
(D) Business and commercial. The following standards for parking and open storage shall apply in all business and commercial zoning districts.
(1) Open storage for more than five consecutive days of junk, salvage and trash is prohibited.
(2) Open storage for more than five consecutive days of material collected as salvage for recycling, re-use, dismantling to remove parts for re-use or for separation prior to recycling or destruction is prohibited.
(3) Parking and open storage of inoperable or junk motor vehicles for more than five consecutive days is prohibited.
(4) Parking and open storage of inoperable or junk motor vehicles for more than five consecutive days is an allowable for the principal uses classified as automotive repair shops. The parking and open storage area shall be located in the rear or side yard, and inoperable motor vehicles or vehicle parts shall not be visible from any right of way or adjoining property. Shielding of at least six feet in height from grade shall be required to enclose the parking and open storage for inoperable motor vehicles. Chain link fence may be allowed as a sight obscuring fence if opaque slat inserts are used.
(5) The use of any recreational vehicle for permanent living or sleeping purposes is prohibited in the City of Ronan.
(6) Any property where open storage of equipment and supplies is an allowable, the open storage area shall be located in the rear or side yard. Shielding of at least six feet in height from finished grade shall be required to enclose the storage area. Chain link fence may be allowed as a sight obscuring fence if opaque slat inserts are used.
(E) Enforcement and penalties.
(1) Municipal infraction. A violation of this chapter shall constitute a civil violation of this code as prescribed by MCA 7-1-4150. This civil offense is punishable by a civil penalty of not more than $300 for each violation or if the infraction is a repeat offense, a civil penalty not to exceed $500 for each repeat violation. Each day of violation shall constitute a separate offense and be punishable as such.
(a) First offense: $100;
(b) Second offense: $200;
(c) Third offense: $300;
(d) Fourth offense $400; and
(e) Fifth offense and subsequent offense: $500.
(2) Involuntary abatement. If the owner does not consent to said removal, then the Police Department shall pursue legal remedies through the City Court to abate the nuisances as specified in the Community Upkeep and Beautification Ordinance 7-1-700.
(3) Enforcement. Proceedings for the enforcement of a municipal infraction citation issued under this chapter shall be brought pursuant to the provisions of MCA 7-1-4151. It is the intent of this section that fines received ultimately be distributed to the city for costs of the enforcement of this chapter. Any recovery of costs of abatement shall be distributed to the fund paying the cost of the abatement.
(Ord. 2017-04, passed 9-18-2017)