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RESOLUTION 2000-OR-1

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CERTAIN PROHIBITED PARKING ON UNPAVED OR UNPREPARED SURFACES ON RESIDENTIAL PROPERTY

Purpose: To add a new section 64-10.1 to the Ordinance Code of Riverdale Park that prohibits parking on unpaved or unprepared surfaces on residential property on front or side yards, and to prohibit crossing front and side yards with vehicles unless such areas are paved or prepared with suitable material.

BE IT RESOLVED THAT A NEW SECTION SHALL BE ADDED TO THE ORDINANCE CODE OF THE TOWN OF RIVERDALE PARK AS FOLLOWS:

§ 64-10.1. Parking on Unpaved and Unprepared Surfaces

(a) Definitions: The following words shall have the following definitions for purposes of this section:

"Unpaved Area" shall mean any surface not completely covered by asphalt or concrete.

"Unprepared Area" shall mean any surface not completely covered by brick, block, gravel, crushed stone or other similar permeable or semi-permeable aggregate material.

"Contiguous Paved or Prepared Area" shall mean an area located on a residential property that is either covered by asphalt, concrete, brick, block, gravel, crushed stone or other similar permeable or semi-permeable aggregate material that is continuous without break and extends from the property line where vehicles enter the property.

"Vehicles" shall include automobiles, boats, trailers, motor homes, and camping vehicles.

"Park/Parked on Prepared/Paved Surfaces" shall mean that a vehicle is situated in such a manner that all surfaces where the vehicle makes contact with the ground, shall be paved or prepared surfaces.

"Rear building line" shall mean the point of the residential structure on a residential property that is furthest from public road on which the property has its street address. It shall be calculated by drawing a straight line at a ninety (90) degree angle from the portion of the public road on which the property has its street address to the part of the residential structure that is the furthest distance from the public road.

(b) General Rule: It shall be unlawful to park any vehicle on residential property on an unpaved or unprepared surface unless that vehicle is parked to the rear of the rear building line. Vehicles parked in front of the rear building line must be parked on a contiguous paved or prepared area.

(c) Exceptions: Nothing in this section shall be deemed enforceable during the period of a snow emergency.

(d) Parking on Unpaved or Unprepared Areas Behind the Rear Building Line: It shall be lawful to park vehicles to the rear of the rear building line provided that no vehicle may cross an unpaved or unprepared area in front of the rear building line in order to get to the unpaved or unprepared area to the rear of the rear building line.

(e) Enforcement: Any code enforcement official or police officer shall have authority under this section of the Code. Said individuals shall have the authority to enter upon private property in the Town of Riverdale Park in order to place a "48 Hour Warning Notice" on a vehicle parked in violation of this section.

If the subject vehicle is not removed from the unprepared or unpaved surface or brought into compliance within forty-eight (48) hours from the placement of the "48 Hour Warning Notice," the code enforcement official or police officer shall be empowered to impound the vehicle. The vehicle owner shall be liable for all towing, storage, preservation, and/or charges relating to the disposition of the vehicle.

The Code Enforcement Supervisor, or his/her designee shall have the authority to extend the forty-eight (48) hour period for a period not to exceed thirty (30) days, upon receipt of a written statement from the vehicle owner or residential property owner setting forth the reasons for requesting such an extension.

The Mayor and Council shall have the authority to extend the forty-eight (48) hour period for any definite period of time in excess of the original thirty (30) day extension, upon receipt of a written statement from the vehicle owner or residential property owner setting forth the reasons for requesting such an extension.

(f) Penalty: Violation of this section shall be deemed a municipal infraction punishable by a fine of $50 and may also subject property [owner/lawful resident] to impoundment of the vehicle in violation, or both. Each seven (7) day period in which the vehicle is in violation shall constitute a separate infraction.

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