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Ord. 0693 1995-08-14 FailedORDINANCE NO. 693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 179, ARTICLE I. IN GENERAL, SECTION 17-1, DEFINITIONS, AND ORDINANCE NO. 164, SECTION 17-2, USE OF RESIDENCE RESTRICTED, OF CHAPTER 17 OF THE CITY OF PEARLAND CODE OF ORDINANCES, MOBILE HOMES, FOR THE PURPOSES OF ADDING AND CLARIFYING DEFINITIONS AND RESTRICTIONS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the need to amend City ordinances to bring them into compliance with current laws so that they may be effectively enforced to protect the life, health, and safety of Pearland citizenry; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Section 17-1. Definitions, of the Code of Ordinances of the City of Pearland, Texas, is hereby amended as follows: The term Dependent mobile home or travel trailer is deleted. The term Mobile home or travel trailer is amended to read as follows: Mobile home/manufactured home: a vehicular, portable struc- ture built on a permanent chassis, designed to be towed by another vehicle and used as a permanent dwelling when connected to the required utilities. The term Recreational vehicle is added as follows: Recreational vehicle (RV): a vehicular, portable structure which has its own motive power or is designed to be mounted" on or towed by another motor vehicle, designed to provide temporary living quarters for recreational, camping or travel use. The term recreational vehicle shall include but not be limited to a motor home, travel trailer and camping trailer. Section 2. The term "travel trailer" is deleted and replaced with the term "recreational vehicle" or "RV" throughout the remainder of this chapter. Section 3. Section 17.2. Use as Residence Restricted, is hereby amended to read as follows: (a) Any recreational vehicle, not more than twenty- five (25) feet in length, may be temporarily placed or parked on any street or public right-of-way within the City for a period not to exceed forty-eight (48) hours within any given one -month period, whether calculated cumulatively or -1- consecutively, so long as it does not block the natural flow of traffic, or an entranceway to either public or private property, and so long as it does not create a hazard to life, safety, traffic or health. (b) A recreational vehicle may be temporarilyplaced or parked on any lot, tract, or parcel of land outside of a mobile home or RV park for a period not to exceed fourteen (14) days within any given one-year period, whether calculated cumulatively or consecutively, so long as it does not extend over public property. (c) The placement or parking of a recreational vehicle on any lot, tract, or parcel of land outside of a mobile home or recreational vehicle park in excess of fourteen (14) days within any given one-year period, whether calculated cumulatively or consecutively, shall be considered long-term parking and said recreational vehicle must be stored or permanently placed or parked within a garage or permanent enclosure, under a carport, behind a fence, or in a rear yard as defined by the City of Pearland Land Use and Urban Develop- ment Ordinance. Section 4. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Section 5. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. -2- Section 7. A11 ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 8. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 9. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective sixty (60) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this the day of , A. D., 1995. RICHARD TETENS MAYOR PRO TEM ATTEST: YOLANDA C. BENITEZ CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the day of , A. D., 1995. ATTEST: YOLANDA C. BENITEZ CITY SECRETARY -3- RICHARD TETENS MAYOR PRO TEM ORDINANCE NO. 693 APPROVED AS TO FORM: AMY MOTES McCULLOUGH CITY ATTORNEY -4-