New Franklin Ordinance 817: Recreational vehicles: limits on living in an RV (new Chapter 240)

Bill No. 05.13.2024.2

Ord. No. 817 AN ORDINANCE AMENDING THE NEW FRANKLIN CITY CODE TO CREATE A NEW CHAPTER ENTITLED "RECREATIONAL VEHICLES"

WHEREAS, the Board of Aldermen desire to regulate the residential occupation of Recreational Vehicles to protect the health, safety, and welfare of the City's residents; and

WHEREAS, the Board of Aldermen desire to enact regulations that limit the continuous occupation of Recreation Vehicles, and require a period of vacancy prior to another continuous occupation to ensure that Recreational Vehicles are being used for the intended temporary purpose for which said vehicles were manufactured; and

WHEREAS, the Board of Aldermen desire to enact a new Chapter 240 of the City Code to accomplish these purposes.

BE IT ORDAINED by the Board of Aldermen of the City of New Franklin, Missouri as follows:

SECTION ONE. CHAPTER 240 RECREATIONAL VEHICLES

240.010. Findings and Declaration of Purpose

A. The Board of Aldermen has enacted this Chapter for the purpose of protecting the health and safety of the inhabitants of the City.

B. The Board finds that Recreational Vehicles, while suitable for short-term occupancy, are not appropriate for long-term occupation within the City due to design limitations and the lack of appropriate utilities for such purposes.

240.020. Definitions

A. 'Converted vehicle' means any combination of the vehicles described in this Chapter, which although not originally designed and not suitable for occupancy, have been converted or modified to provide temporary, movable living quarters containing facilities for cooking, sleeping, or sanitation.

B. 'House trailer' means a trailer or semi-trailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and is equipped as a conveyance on streets or highways.

E. 'Recreational conveyance' means a vehicular type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation, or travel use, and which has its own motor power or is mounted on or drawn by another vehicle.

F. 'Recreational vehicle' means any recreational conveyance, house trailer, trailer, and converted vehicle. The term "recreational vehicle" shall not include buses or trailers unless converted to residential use.

240.030. Recreational Vehicles

A. Recreational Vehicles may not be used for residential occupation for a continuous period of more than thirty (30) days. Recreational Vehicles occupied for more than three (3) days continuously shall remain unoccupied for no less than fourteen (14) days prior to being occupied again. No Recreational Vehicle shall be used for residential occupation for more than ninety (90) total days in a calendar year. There shall be a rebuttable presumption that any Recreational Vehicle connected to public utilities is being used for residential occupation while so connected

B. Recreational Vehicles may not be connected to any public utilities unless that connection meets all current City Codes.

Recreational Vehicles may not be parked on any City street or any State or County Road or within ten feet (10) feet of the edge of the pavement of any such street or road.

D. Any recreation vehicle that does not comply with this Chapter is hereby deemed a nuisance.

240.040. Penalties Any person who violates any provision of this Chapter shall be subject to a fine of not less than $100 and not more than $500, or imprisonment of not more than 90 days in jail, or both. Owners of a property on which any vehicle referenced herein is kept in violation with this ordinance, as well as owners of the violating vehicle itself, and any occupants or tenants thereof, will be subject to the penalties described above. Multiple citations may be issued for the same violation to different persons involved in the violation in accordance with this Section.

SECTION TWO. Repeal of Conflicting Ordinances.

The provisions of any ordinance or code section in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict.

SECTION THREE. Effective Date.

This ordinance shall be in full force and effect from and after the date of its passage and approval.

SECTION FOUR. Severability.

The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional, or unenforceable, such determination shall not affect the validity of the remainder of this ordinance.

Read twice and approved by Roll Call Vote.

Dated this /3

Attest:

Melissa Cowley City Clerk