Memorandum

To: City Council

From: David J. Deutsch, City Manager

Date: 5-29-08

Re: Cargo Trailers History

In early 2006 a resident was cited under Section 26-9 of the City Code for having an enclosed trailer parked in their driveway. The resident said that the trailer was used to transport motorcycles and camping equipment. A request was made by the resident to the City Council to make a change to the City Code to allow residents to park trailers in their driveways. (Definitions and appropriate sections of the City Code are attached as Attachment A). A number of interested individuals attended the work session in support of the request. Discussion ensued about why the Code allowed camping trailers and boats on trailers but did not allow trailers that were used to support other recreational endeavors. Staff expressed a concern about the ability to determine the true use of trailers especially if they were enclosed. It was Council’s directive, however, that staff should work with the City Attorney to modify the City Code to allow trailers to be parked on residential driveways for the purpose of recreational pursuits. The parking of trailers for commercial purposes would remain prohibited.

Subsequent research by staff and the City Attorney determined that the parking of trailers on residential lots in Prince George’s County is prohibited. Since the City is not allowed to enact ordinances that are less restrictive than the County Code, staff is unable to add language to the City Code which would fulfill the request of Council. The opinion of the City Attorney is attached. (Attachment B)

During the time since Council requested that the change in the Code be made, all residents who inquired about trailers in the City have been told that “Council had requested a change to the City Code, therefore at the current time the City is not enforcing the code prohibiting the parking of trailers”.

Currently the City provides limited parking space in the Public Works yard for parking trailers. This has proved to be unsatisfactory for a number of reasons. The increasing size and scope of Public Works operations has reduced the amount of space available; trailers have been abandoned on the property requiring the City to pay for their removal and due to the nature of the work done at the site, staff has been unable to provide the security needed to assure the monitoring and safety of the vehicles.

Options

1. Enforce City Code as written issuing notices for Officer directed cases and complaint based cases.

2. Enforce City Code as written on a complaint basis only.

3. Change City Code to permit parking of trailers on City Streets.

Staff Recommendation

Since the City Code cannot be changed to accommodate the Council directive of allowing the parking of trailers on residential property, it is the staff recommendation that the City Code regarding the prohibition of trailer parking in the city remain unchanged. Due to the narrowness of many streets in the City, we do not recommend the option of allowing trailers to be parked on the street. Please note that unlike the County, City Code Compliance staff enforces the Code proactively and not just by complaint. Therefore we would recommend against enforcing this or any other section of the code on a complaint basis only.

Staff also suggests that a change be made in the City Code to require that all camping and boat trailers be required to provide proof of current registration. This can be done either by parking the camping trailer/vehicles and boat trailers in such a way as the license plate can be seen from the street or by providing a copy of a current registration card.

Staff suggests that the Code Division identify all of the properties within the City that have trailers parked on their premises and that letters be sent to property owners informing them of the renewed enforcement of the existing City Code prohibiting trailers. The letter would include a 90 day grace period to allow the owners of the trailers an opportunity to find an alternate storage location. Staff will also include information in the City newsletter and provide press releases to the local media. Since the Public Works yard has been determined to be an unsatisfactory storage location, the owners of trailers would be required to secure proper storage either in an area zoned for their storage or outside the City limits.

Attachment A

Pertinent Information:

Definitions from the existing City Code:

Camping Vehicle: A vehicle, originally sold to the consumer by a manufacturer or dealer for recreational purposes, which is self-propelled or capable of being towed by a passenger motor vehicle and which provides facilities for temporary camping or sleeping or both including a unit designed to be carried by an open pick up truck. The term camping vehicle includes "travel trailer," "camper," "recreational vehicle," "motor home," and "truck camper."

Cargo Trailer: Any vehicle which is capable of being towed by a passenger or commercial motor vehicle and designed or used to store, haul, or transport merchandise, freight, refuse, or other materials whether used for private or commercial purposes and all those vehicles which were converted from other uses for such purposes.

Related Sections of the City Code:

Sec. 26-9. Prohibition of Parking Cargo Trailers and Storage of Commercial/Industrial Building Products.
(a) The parking or keeping of cargo trailers shall be prohibited on any residential lot and street within the City, except (1) where the cargo trailer is used for the pickup or delivery of materials to be used on the residential lot within 72 hours after pickup or delivery; or (2) the cargo trailer is used in connection with construction taking place on the residential lot, and then only for a period not to exceed thirty (30) days.
This Section shall not apply to a cargo trailer parked or kept in a garage or other wholly enclosed structure on the residential lot.

(b) No open storage of commercial/industrial building products within the City shall be allowed on a residential lot except during the period in which the products are to be used in connection with actual construction taking place on the residential lot, and then only for a period not to exceed thirty (30) days.

(c) Recreation vehicles shall not be stored on cargo trailers on any residential lot or street within the City.

Sec. 26-4. Permitted Vehicle Parking in the R-R and R-E Zones.
The parking or storing of vehicles in the R-R (Rural Residential) and R-E (Residential Estate) zones shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide guests:

(a) Private passenger motor vehicles;

(b) One (1) unoccupied camping vehicle, provided that it is parked on a paved area of a residential lot, and not on a City street except for temporary purposes; such as the loading and unloading thereof, and the parking of a camping vehicle by a bona fide guest, not to exceed 72 hours;

(c) One (1) open watercraft and trailer designed to carry an open watercraft, provided that it is parked on a paved area of a residential lot, and not on a City street, except for temporary purposes, such as the loading and unloading thereof, and the parking of an open watercraft by a bona fide guest, not to exceed 72 hours;

(d) One (1) commercial vehicle, provided that such vehicle;

1. Does not exceed the manufacturer's gross vehicle weight specifications of seventy-five hundred (7500) pounds,

2. Contains no advertising other than a firm name or similar designation in lettering not exceeding four (4) inches in height, but excluding vehicles exceeding three-hundred (300) cubic feet of load space, stake platform trucks, crane or tow trucks, and vehicles with dual rear wheels.

(e) Farm vehicles and farm machinery used on the premises, in conjunction with a permitted agricultural use;

(f) Buses, on the same lot with, and as an accessory use to, principal uses as private schools or churches, or other places of worship, provided that:

1. Such parking or storage area shall be in addition to any automobile parking compound on the premises, and shall be connected to a public street by means of a driveway, constructed in compliance with the minimum standards of the Prince George's County Department of Public Works and Transportation, having a minimum width of eleven (11) feet for each lane.

2. Such parking or storage area shall be screened from any adjoining land in any residential zone by a slightly, opaque wall, fence, or planting strip, or combination thereof; and

3. No repairs, service, maintenance, or gasoline dispensing or storage facility shall be permitted on the premises. (Sec. 26-4 (b), (c) amended by O-12-92, adopted 10/19/92.

Sec. 26-5. Vehicle Parking in the R-55, R-80, and R-T Zones.
The parking or storing of vehicles in the R-55/R-80 (one-Family, Detached Residential) and R-T (Residential Townhouse) zones shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide guests:

(a) Private Passenger motor vehicles;

(b) One (1) unoccupied camping vehicle;

(c) One (1) boat and trailer designed to carry a boat;

(d) One (1) commercial vehicle subject to the restrictions and conditions described in the parking and storage of commercial vehicles in the R-R/R-E zones.

(e) Buses subject to the restriction and conditions described under the parking and storage of buses in the R-R/R-E zones. (Sec. 26-5 (b) amended by O-12-92 adopted 10/19/92.

Sec. 26-6. Vehicle Parking in the R-30-C Zone.
The parking or storing of vehicles in the R-30-C zone (Multiple-Family, Low Density Residential Condominium) shall be limited to the following vehicles owned by the occupants of the premises and their bona fide guests.

(a) Private passenger motor vehicles;

(b) Unoccupied camping vehicles;

(c) Boats and trailers designed to carry boats; and

(d) Commercial vehicles subject to the restrictions and conditions described under the parking and storage of commercial vehicles in the R-R/R-E zones. (Sec. 26-6 (b) amended by O-12-92 adopted 10/19/92).

Sec. 26-7. Vehicle Parking in the O-S Zone.
The parking or storing of vehicles in the O-S zone (Open Space) shall be limited to the following vehicles owned or used by the occupants of the premises and their bona fide guests:

(a) Private passenger motor vehicle;

(b) Unoccupied camping vehicles;

(c) Boats and trailers designed to carry boats;

(d) Commercial vehicles subject to the restrictions and conditions described under the parking and storage of commercial vehicles in the R-R/R-E zones;

(e) Buses subject to the restrictions and conditions described under parking and storage of buses in the R-R/R-E zones. (Sec. 26-7 (b) amended by O-12-92, adopted 10/19/92).

Attachment B