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.