[HISTORY: Adopted by the Common Council of the City of Burlington
by 10-17-2006 by Ord. No. 17-2006. Amendments noted where applicable.]
For the purpose of this chapter, the following terms as used
in this chapter shall have the following meanings:
Includes any trailer intended for conveyance of any boat
(whether motorized or not) or watercraft.
Includes any vehicle or structure, non-self-propelled, where
the vehicle or structure is designed, constructed, reconstructed,
or added to by means of accessories to permit the occupancy thereof
as a dwelling or sleeping place for one or more persons on a temporary
or permanent basis, except that such terms shall not include such
structures, which by reason of installation or attachment, is not
subject to or intended for transport.
Any vehicle having a gross weight in excess of 8,000 pounds.
Includes any self-propelled structure which by design is
intended to permit the occupancy thereof as a dwelling or sleeping
place for one or more persons on a temporary or permanent basis and
shall include, but is not limited to, campers, camping vehicles and
RCV, but shall not include any van, conversion van or RCV that is
less than 21 feet in length and under 8,000 pounds.
Includes any structure or apparatus which by design or construction
is intended to be attached or hitched to a motor vehicle for purposes
of transport or conveyance of itself or items to be placed in or thereon
and includes, but is not limited to, truck or tractor trailers, boat
or watercraft trailers and/or non-self-propelled campers or camping
vehicles.
Includes any nautical vehicle, including boats of any nature
(whether motorized or not), and including but not limited to fishing
boats, ships, yachts, row boats, jet skis, wave runners, or like vehicles.
The Police Department of the City of Burlington is hereby designated
as the enforcement agency of the City of Burlington charged with the
responsibility for enforcing the provisions of this chapter and citing
violations hereof.
Except as specifically permitted and excepted by this chapter, it shall be unlawful for any person or entity to park or stand, whether attached to a motor vehicle or not, any trailer, camper, camping vehicle, recreational vehicle or watercraft (whether upon a trailer or not), or any oversized vehicle for any period exceeding 24 hours on any public street, public parking lot or public property in the City of Burlington except for the purpose of making repairs pursuant to a valid permit issued in accordance with § 330-5 of this chapter.
A.
Boat and watercraft trailers. Boat and watercraft trailers, while
attached to the vehicles towing them, may be parked in the parking
lot adjacent to the City of Burlington boat ramp located at on East
Pearl Street by the Assiscunk Creek bridge and/or any other location
designated by the City of Burlington for such purpose while awaiting
the loading or unloading of boats and/or after the launch of such
boat and watercraft while such boat or watercraft remains in usage,
but in no event shall such boat or watercraft trailers remain in such
locations after the closing of the launching ramp or otherwise overnight.
B.
Emergency/routine repairs. It shall not be deemed parking or standing
in violation of this chapter to stop or stand a trailer, camper, camping
vehicle, recreational vehicle or boat or watercraft trailer (whether
there be a watercraft upon such trailer or not) or oversized vehicle
to perform emergency or routine repairs where, by reason of the circumstances,
such trailer, camper, camping vehicle, recreational vehicle or boat,
watercraft trailer or oversized vehicle can not be practically transported
without first making such repairs and such repairs can be and are
made and such trailer, camper, camping vehicle, recreational vehicle,
boat or watercraft trailer or oversized vehicle thereafter removed
from the area within six hours.
A.
Permit requirement. Except as permitted by § 330-4B of this chapter, it shall be unlawful for any person to make repairs upon any trailer, camper, camping vehicle, recreational vehicle, watercraft (whether upon a trailer or not) or oversized vehicle on or upon any public street, public parking lot or public property within the City of Burlington except pursuant to a valid permit issued for this purpose by the City of Burlington Police Department in accordance with this chapter.
B.
Permit issuance procedure and standards. Any person desiring to make
repairs to any trailer, camper, camping vehicle, recreational vehicle,
watercraft (whether upon a trailer or not) or oversized vehicle on
or upon any public street, public parking lot or public property within
the City of Burlington, and requiring a permit to do so pursuant to
the provisions of this chapter, shall make application to the Police
Department of the City of Burlington for said permit. The Police Department
of the City of Burlington shall investigate the conditions present
and shall determine whether the trailer, camper, camping vehicle,
recreational vehicle, watercraft or oversized vehicle can or can not
be practicably and safely removed to a garage, service station, or
other premises for the purpose of repair. In the event that said trailer,
camper, camping vehicle, recreational vehicle, watercraft or oversized
vehicle can not be so moved, the Police Department shall issue a permit
for the making of such repairs to the applicant without a fee being
charged to such applicant.
C.
Permit, term and extension. Any permit issued pursuant to the provisions
of this chapter shall be valid for a period of 48 hours from the time
of its issuance. Any permit issued pursuant to this section shall
clearly have placed upon it the date and time when said permit was
issued and will expire. Where the permitee granted a permit pursuant
to the provisions of this chapter can not make repairs sufficient
to enable the transport of such trailer, camper, camping vehicle,
recreational vehicle, watercraft or oversized vehicle within the forty-eight-hour
period provided for herein, the Burlington City Police Department
is herewith authorized to extend the term of the permit for a period
of time sufficient to make the repairs necessary, not in excess of
an additional 48 hours. In any event the owner of such trailer, camper,
camping vehicle, recreational vehicle, watercraft or oversized vehicle
shall be responsible for causing the removal of trailer, camper, camping
vehicle, recreational vehicle, watercraft or oversized vehicle within
the time permitted by the permit for repair or any extension thereof.
D.
Restriction. Any trailer, camper, camping vehicle, recreational vehicle,
watercraft or oversized vehicle undergoing repairs as authorized by
this chapter shall not during such period of repair be used by any
person as a dwelling or sleeping place.
Any owner of a trailer, camper, camping vehicle, recreational
vehicle, watercraft or oversized vehicle may park or store such on
private property in the City of Burlington subject to the following
conditions:
A.
Setback requirements. In the case of residential property, any trailer, camper, camping vehicle, recreational vehicle, watercraft or oversized vehicle that is not parked or stored in a garage or enclosed building shall be parked or stored to the rear of the front building line of the lot on which it is located and shall conform to the side and rear line set back requirements applicable to accessory buildings applicable to the particular zoning designation applicable to the lot as set forth in Chapter 207, Article VII, Zoning, of the Code of the City of Burlington. Any such trailer, camper, camping vehicle, recreational vehicle, watercraft or oversized vehicle shall not exceed 38 feet in length and 20,000 pounds in weight. In the case of commercial property, a business otherwise occupying the commercial property and utilizing such commercial property for the operation of its business may park or store such trailers, campers, camping vehicles, recreational vehicles, watercrafts or oversized vehicles that are used in connection with and are reasonably necessary for the operation of its business, provided same is permitted by all other zoning and other ordinances or state or federal law or regulation applicable to the property. In no event shall the owner or occupier of a commercial property permit any individual or entity other than the individual or entity otherwise occupying the commercial property for the operation of a business to park or store any trailer, camper, camping vehicle, recreational vehicle, watercraft or oversized vehicle on its property for a fee or otherwise. The parking or storage of any trailer, camper, camping vehicle, recreational vehicle, watercraft or oversized vehicle on any commercial property shall comply with all applicable zoning and/or land use approvals granted with respect to the property.
B.
Use restriction. At no time shall a trailer, camper, camping vehicle,
recreational vehicle, watercraft or oversized vehicle parked or stored
on residential or commercial property be occupied or used for living,
sleeping, or housekeeping purposes, or for storage of equipment other
than that used in connection with the vehicle, except where such trailer,
camper, camping vehicle, recreational vehicle or oversized vehicle
is lawfully located on property specifically designated for such purposes
and such use permitted by applicable zoning.
C.
Loading and unloading. Notwithstanding any provisions of this § 330-6 to the contrary, a trailer, camper, camping vehicle, recreational vehicle, watercraft or oversized vehicle may be temporarily parked anywhere on private residential property for loading or unloading purposes for a period not to exceed 24 hours.[1]
D.
City lot. The owner of a business may apply for permission to park
one oversized vehicle and/or trailer in a City-owned lot, when the
business depends on the lot for parking. The oversized vehicle and/or
trailer must be identified as belonging to such business, and used
for the business. Application for permission must be made through
the Police Department, and is subject to the decision of the Chief
of Police of his/her designee. Denial of the permission may be appealed
to the Business Administrator.
E.
Other permitted parking. The restrictions in this chapter do not
apply to oversized vehicles or trailers parked in parking spaces approved
for such size vehicles by the City of Burlington on a site plan at
sites were such is expressly permitted such as a hotel, motel, restaurant,
truck terminal, or loading dock.
F.
Abandoned or vacant properties. In no event shall any trailer, camper,
camping vehicle, recreational vehicle, watercraft or oversized vehicle
be stored or parked at or upon any abandoned property or other property
that is not otherwise occupied or in use.
G.
Number restriction. Other than those parked or stored inside a garage
or enclosed building, only two trailers, campers, camping vehicles,
recreational vehicles, watercraft or oversized vehicles shall be permitted
to park at one time at any residential property. For purposes of this
section, a watercraft mounted on a trailer, or trailer connected to
an oversized vehicle shall constitute one trailer.[2]
[Amended 7-21-2009 by Ord. No. 13-2009[1]]
Any violation of this chapter shall be punishable as provided in Chapter 1, Article III, General Penalty, for each offense. Any person convicted of a first offense under this chapter shall be subject to a minimum fine of $84 payable through the City Violations Bureau. Each day that an individual or entity remains in violation of this chapter shall constitute a separate punishable offense.
The owners and users of any trailer, camper, camping vehicle,
recreational vehicle, watercraft or oversized vehicle parked, stored
or used in violation of this chapter shall be held responsible for
such violation and shall be subject to the penalties for such violations
provided for by this chapter. The owners and occupiers of commercial
or residential property on which any trailer, camper, camping vehicle,
recreational vehicle, watercraft or oversized vehicle is park, stored
or used in violation of this chapter shall, in addition to the owner
or user of such trailer, camper, camping vehicle, recreational vehicle,
watercraft or oversized vehicle, be held responsible for such violation
and shall be subject to the penalties for such violations provided
for by this chapter.