To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
Title
Ordinance Amending Chapters 10.16 and 10.20 of the Castle Rock Municipal Code Regarding Large Vehicle Parking and the Definition of Abandoned Vehicle (Second Reading - Approved on First Reading on June 6, 2023, by a vote 7-0)
Body
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Executive Summary
UPDATE FOR 06/20/2023 TOWN COUNCIL MEETING
Ordinance #2023-012 was modified after approval on first reading to prohibit large vehicle parking in public rights of way in residential areas at all times. The restriction in the first reading draft was only from 10pm - 7am. Large vehicles are allowed to park in public rights of way in residential areas only for loading/unloading purposes pursuant to Municipal Code Chapter 10.16.020.
Executive Summary
At the April 18, 2023, Town Council meeting, two Castle Rock residents requested consideration of Municipal Code changes regarding large vehicle and trailer parking in the public right of way. The residents’ presentation is available for review in ATTACHMENT A. As requested by residents, and directed by Town Council, staff has evaluated current parking provisions in the Town’s Municipal Code and is recommending amendments to Chapters 10.16 and 10.20 regarding large vehicle parking and abandoned vehicles. Recommended Code amendments are reflected in the ordinance included in ATTACHMENT B.
Discussion
Castle Rock residents presented concerns about large vehicle, trailer and abandoned vehicle parking in the public right of way at the April 18, 2023, Town Council meeting. Concerns were stated in relation to Colorado House Bill 22-1139 provisions stating that homeowners’ associations (HOAs) are not permitted to prohibit the use of public rights of way beyond local government provisions. The residents said that this, combined with the Town’s existing Municipal Code provisions, results in safety concerns due to vehicles being left in place for long periods of time and only being moved inches/feet to comply with the existing Town Code. The residents also provided examples of how other municipalities handle this matter.
Given the residents’ concerns, and following Town Council direction, staff has evaluated the Castle Rock Municipal Code and is recommending amendments to Chapters 10.16 and 10.20 that relate to vehicles parked in public right of way. A summary of existing and proposed Code changes is shown below:
|
Vehicle Type |
Current Code Provisions |
Proposed Code Provisions |
|
Large Vehicle GVW ≥10,000 lbs. Trailer Utility trailer Semitrailer Truck tractor Farm tractor |
No parking in public ROW in residential areas. (Current definition includes only truck, truck tractor and/or semitrailer) |
No parking in public ROW in residential areas. Large vehicle definition revised as shown in the “Vehicle Type” column of this table |
|
Recreational Vehicle Includes any motor home, camper coach, camper trailer, trailer coach, watercraft, snowmobile, off-highway vehicle, and other similar recreational equipment |
Recreational Vehicle parking not specified in current Code. Abandoned Vehicle Code applies. |
No parking in public ROW in residential area for longer than 72 hours in a week. Vehicle must be moved outside of a 1,000 ft radius from its original location to avoid violation. |
|
Abandoned Vehicle ANY vehicle type that is left standing in public right of way or public parking lot Expanded definition available in Municipal Code Chapter 10.20.010 |
No parking in public ROW or public parking lot for longer than 72 hours. |
No parking in public ROW or public parking lot for longer than 72 hours. Vehicle must be moved outside of a 1,000 ft radius from its original location to avoid violation. |
Chapter 10.16.020 would also be amended to specify loading and unloading of vehicles. Current Code language prohibits the parking of trucks/trailers for longer than one hour while not actively engaged in loading or unloading. The proposed Code amendment references updated vehicle definitions in Chapter 10.16.010 and clarifies that, in addition to loading and unloading, vehicles are permitted to be in the public right of way when actively rendering services (deliveries, service calls accepting articles for removal or delivery and related commercial activities).
Staff recommends the Code amendments above to provide clarity around vehicle parking in the right of way and to require that vehicles be moved a greater distance in order to comply with Code provisions. Additionally, by having these requirements in place, HOAs will be able to enforce comparable parking limits if desired. Colorado House Bill 22-1139 essentially limits HOAs from prohibiting use of the public right of way unless the local government also prohibits that use. Therefore, HOAs will be able to enforce use of the public right of way to the extent outlined in the Castle Rock Municipal Code.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Alternate Motions
“I move to approve the Ordinance as introduced by title, with the following conditions: (list conditions).”
“I move to continue this item to the Town Council meeting on ___date to allow additional time to (list information needed).”
Attachments
Attachment A: Resident Presentation (April 18, 2023)
Attachment B: Ordinance