AN ORDINANCE TO AMEND
TITLE 15
OF THE CODE OF EMMITSBURG
ENTITLED
BUILDINGS AND
CONSTRUCTION
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BE IT ENACTED AND
ORDAINED by the
Board of Commissioners of the Town of Emmitsburg,
Maryland that Chapter 15.24 of the Emmitsburg Municipal
Code be, and it hereby is, amended as follows:
The amended section of
this regulation reads as follows with new
language designated by being in BOLD CAPITAL LETTERS,
and language being deleted designated by being
stricken through.
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TRAILERS AND
TRAILER CAMPS
Sections:
15.24.010 Definitions.
15.24.020 Stopping or
parking trailers.
15.24.030 Permanent
occupancy of trailers. ENFORCEMENT
15.24.040
License--Required.
15.24.050
Applications.
15.24.060
Jurisdiction
15.24.010 Definitions.
Automobile Trailer,
Trailer Coach or
Trailer. An "automobile trailer," "trailer coach,"
or "trailers" TRAILER means any
MOTORIZED OR NON-MOTORIZED vehicle or similar
portable structure OTHER THAN A MOBILE HOME AS
DEFINED IN SECTION 17.04.020 OF THIS CODE having no
foundation other than wheels, jacks, or skirting,
and WHICH IS not designed or constructed as to
permit occupancy for dwelling or sleeping purposes.
USED FOR SHORT-TERM HUMAN OCCUPANCY, FOR THE CARRYING
OF MATERIALS, GOODS, OR OBJECTS, OR AS A TEMPORARY
OFFICE.
Trailer Camps. A
"trailer camp" means any park, trailer park, trailer
court, camp site, lot, parcel or tract of land designed,
maintained or intended for the purpose of supplying a
location or accommodations for any trailer coach and
upon which any trailer coach is parked, and shall
include all buildings used or intended for use as part
of the equipment thereof, whether a charge is made for
the use of the trailer camp and its facilities or not.
Trailer camps shall not include automobile or trailer
sales lots on which unoccupied trailers are parked for
purposes of inspection and sale. (Prior code Art. XI §
3(A))
15.24.020 Stopping or
parking trailers.
A. Compliance With
Section. It is unlawful, within the city TOWN
limits, for any person to park any trailer on any
PUBLIC street or other public place, or on any tract
of land owned or leased by any person, occupied or
unoccupied, within the town except as HEREINAFTER
provided. in Sections 15.24.020 and 15.24.030.
B. Emergency or
Temporary Stopping or Parking. Emergency or temporary
stopping or parking is permitted on any PUBLIC
street for not longer than two hours subject to any
other and further prohibitions, regulations or
limitations imposed by the traffic, any parking
regulations or ordinances for that street.
C. Occupation of
Premises. Outside of Approved Trailer Camps. No person
shall park or occupy any trailer on the premises of any
occupied dwelling or on any lot. which is not a part of
the premises of any occupied dwelling either of which is
situated outside an approved trailer camp; except that
the parking of only one unoccupied trailer in an
accessory private garage building, or in a rear yard in
any district, is permitted providing no living quarters
shall be maintained or any business practiced in such
trailer which such trailer is so parked or stored.
(Prior code Art. XI § 3(B))
A TRAILER USED TO
DELIVER EQUIPMENT TO A CONSTRUCTION SITE OR WORK SITE
FOR USE ON THE SITE MAY BE PARKED ON THE SITE OR THE
ADJACENT PUBLIC STREET, BUT MAY NOT BE PARKED ON A
PUBLIC STREET OVERNIGHT.
D. A TRAILER
WHICH IS USED AS A TEMPORARY CONSTRUCTION OFFICE MAY BE
LOCATED ON A SITE, AFTER SECURING A PERMIT TO DO SO FROM
THE TOWN. A STORAGE TRAILER FOR USE ON THE CONSTRUCTION
SITE DURING THE CONSTRUCTION PERIOD MAY BE PARKED ON THE
SITE; HOWEVER, IT MAY NOT BE PARKED ON A PUBLIC STREET.
E. A TRAILER
MAY NOT BE USED AS A STORAGE SHED IN ANY ZONING
DISTRICT, EXCEPT AS PROVIDED IN PARAGRAPH D.
F. NO PERSON
SHALL USE OR OCCUPY A TRAILER AS EITHER A TEMPORARY OR
PERMANENT RESIDENCE ON PROPERTY ON WHICH THERE IS ALSO
SITUATED A RESIDENTIAL DWELLING UNIT, OR ANY OTHER LOT
OR PROPERTY.
G. ANY TRAILER
PARKED ON A PUBLIC STREET OR ON A PRIVATELY-OWNED
PROPERTY MUST HAVE A VALID VEHICLE REGISTRATION.
H. A TRAILER
PARKED OR STORED ON PRIVATELY-OWNED PROPERTY IN A
RESIDENTIAL ZONING DISTRICT MUST BE REGISTERED TO THE
OWNER(S) OF THE PROPERTY ON WHICH THE TRAILER IS PARKED
OR STORED; PROVIDED, HOWEVER, THAT THIS PROHIBITION
SHALL NOT APPLY IN CIRCUMSTANCES IN WHICH THE OWNER OF
THE TRAILER IS A BONA FIDE VISITOR OF THE PROPERTY
OWNER. PARKING OF A TRAILER BELONGING TO A BONA FIDE
VISITOR(S) SHALL NOT EXCEED SEVEN (7) CONSECUTIVE DAYS,
AND NOT MORE THAN A TOTAL OF FOURTEEN (14) DAYS IN ANY
SIX MONTH PERIOD.
15.24.030 Permanent
occupancy of trailers. ENFORCEMENT.
Automobile Trailers
shall not be used as a permanent place of abode or as a
permanent dwelling or for indefinite period of time,
except within confines of properly approved trailer
camps, a license of approval is granted by the mayor and
the board of commissioners of the town, and unless such
trailer is properly connected with the city water supply
and sanitary sewerage system, and located in compliance
with all requirements with the building, plumbing,
sanitary, health and electrical ordinances of the
town and is not inhabited by a greater number of
occupants than that for which it was designed; provided,
the permits have been properly secured as required in
such building, plumbing, electrical, sanitary, and
health ordinances. (Prior code Art. XI § 3(C))
ANY VIOLATION OR
FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER
SHALL BE A MUNICIPAL INFRACTION AND MAY BE ENFORCED AS
SUCH. PRIOR TO ISSUING ANY CITATION FOR A VIOLATION, A
“NOTIFICATION OF VIOLATION” WILL BE ISSUED BY THE TOWN
AND MAILED TO THE OWNER OF THE PROPERTY ON WHICH THE
VIOLATION IS OCCURRING OR TO THE OWNER OR LESSOR OF THE
TRAILER. IN THE EVENT THAT ANY SUCH PERSON SHALL FAIL
OR REFUSE TO COMPLY WITH SUCH NOTICE AND ABATE THE
INFRACTION, THE TOWN MAY ISSUE A CITATION TO THE
OFFENDER AND IMPOSE A FINE OF UP TO SEVENTY-FIVE DOLLARS
($75.00) PER DAY. EACH DAY THAT THE INFRACTION
CONTINUES SHALL BE A SEPARATE INFRACTION. NOTHING
CONTAINED HEREIN SHALL PROHIBIT THE TOWN FROM TAKING ANY
OTHER ENFORCEMENT MEASURES PERMITTED BY LAW OR IN
EQUITY.
15.24.040
License--Required.
It is unlawful for any
person to establish, operate or maintain or permit to be
established, operated or maintained upon any property
owned or controlled by him, a trailer camp within the
town limits, without first having secured a license
therefore and for each of them from the mayor and the
board of commissioners of the town.
(Prior code Art. XI §
3(D))
15.24.050
Applications.
Application for
authority to locate a trailer or trailer camp as
required by Sections 15.24.030 and 15.24.040 shall be
filed with the town clerk in writing. The application
shall be considered by the mayor and the board of
commissioners at their next regularly scheduled meeting.
Approval of the application must be by a majority vote
of the members of the board of commissioners and the
mayor.
(Prior code Art. XI §
3(E))
15.24.060
Jurisdiction.
The District Court for
Frederick County, Maryland, shall have original
jurisdiction in the hearing of cases involving
violations of any of the provisions of this chapter.
(Prior code Art. XI §
3(G))
Section II. Be it Further Resolved, Enacted and
Ordained that this Ordinance shall take effect on
the date on which the Mayor approves the Ordinance after
passing by the Board of Commissioners or on the date on
which the Board of Commissioners pass the Ordinance over
the veto of the Mayor.
Passed this ___ day of ____, 2011 by a vote of
__ for, __ against, __ absent, and __ abstain.