CITY COUNCIL AGENDA REPORT Subject: RV PARKING ON PUBLICLY ACCESSIBLE PRIVATE PROPERTY Recommendation(s): That Administration bring forward amendments to the Traffic and Land Use Bylaw as per the concepts put forward in the February 21, 2012 RV Parking on Publicly Accessible Private Property report. Report Summary: Administration has reviewed Council s motion and understands that the spirit of the motion is to enhance the appearance of commercial parking lots like Wal-Mart by regulating activities such as the parking of recreational vehicles, unattached trailers and the display of vehicles For Sale. As outlined in the Administrative Backgrounder dated May 5, 2011, given the context of these regulations Administration feels that the Land Use Bylaw is not the most appropriate area for these activities to be regulated. Administration is proposing that if Council wishes to increase the restrictions of these activities then the Traffic Bylaw is the most appropriate Bylaw to be used for enforcement. Below is Administration s understanding of the issues, the existing legislation in place as well as potential Bylaw changes if Council wishes to change the status quo. Legislative History: On May 16, 2011, Council passed the following motion: C331-2011 That, with respect to RV parking at Wal-Mart, Administration bring forward by February 28, 2012 the Land Use Bylaw for Council s consideration to amend the Bylaw to add conditions under which a discretionary permit could be granted, for example: - stipulating a maximum length of time non-residential RV parking is permitted (other than in a campground site as designated by the bylaw or the City Manager, or a mechanic s licensed place of business); and - (possibly) prohibiting camping-type activities while parked (campfires, etc.)" February 21, 2012/Page 1
Report: Recreational Vehicle Parking There has been an increase in RV parking at commercial parking lots (in particular Wal- Mart) which can decrease the appearance of the area. The reasons for parking of RV s can vary and may include: - out of town visitors looking for a place to park for the night or weekend. - temporary parking/storage of RV s by St Albert residents not wanting to store them on their driveways or at a storage yard. - RV s being temporarily parked for servicing by a bona fide vehicle repair business. Abandoned Vehicle 31. Except with the written permission of the City Engineer, no Person shall Park a Vehicle at a single location on a Highway (or in close proximity to that single location) for a period exceeding 72 consecutive hours. Although historically it has not been done regularly, the above section can be pro-actively enforced by Peace Officers at problem commercial parking lot locations such as Wal-Mart. This section can be used to target RV s and any other vehicles that are parked in excess of 72 hrs. Currently the Traffic Bylaw restricts RV s from parking in excess of 24hrs in residential areas only. Council could amend the below section in the Traffic Bylaw by eliminating the wording in a residential district (as described in the Land Use Bylaw). This would make the section applicable to all areas including commercial parking lots. Recreational Vehicle 30. No Person shall Park a Recreational Vehicle on a Highway in a residential district (as described in the Land Use Bylaw) at a single location (or in proximity to that single location) for a period exceeding 24 consecutive hours. Unattached Trailers There is an increase in unattached trailers parked at commercial parking lots (in particular Wal-Mart) which can decrease the appearance of the area. The reasons for the unattached trailers can vary and may include: - RV fifth wheels being temporarily unattached and parked as visitors travel locally. - temporary parking/storage of trailers by St Albert residents not wanting to store them on their driveways or at a storage yard. - Trailer being temporarily parked for servicing by a bona fide vehicle repair business. February 21, 2012/Page 2
Trailer 34. No Person shall Park a Trailer on any portion of a Highway unless the Trailer is attached to a Vehicle that is mechanically capable of, and properly equipped for, towing the Trailer in a safe manner; and in a residential district (as described in the Land Use Bylaw) at a single location (or in proximity to that single location) for a period exceeding 24 consecutive hours. This section states that it is prohibited to have an unattached trailer at any time and it does apply to RV Fifth Wheels although historically it has not been enforced regularly on commercial property, the above section can start to be pro-actively enforced by Peace Officers at problem commercial parking lot locations such as Wal-Mart. Currently the Traffic Bylaw also restricts an attached trailer from parking in excess of 24hrs in residential areas only. Council could amend the below section in the Traffic Bylaw by eliminating the wording in a residential district (as described in the Land Use Bylaw). This would make the section applicable to all areas including commercial parking lots. Trailer 34. No Person shall Park a Trailer on any portion of a Highway unless the Trailer is attached to a Vehicle that is mechanically capable of, and properly equipped for, towing the Trailer in a safe manner; and in a residential district (as described in the Land Use Bylaw) at a single location (or in proximity to that single location) for a period exceeding 24 consecutive hours. Display of Vehicles For Sale There is an increase in vehicles being parked at commercial parking lots (in particular Wal- Mart) that are displayed for sale by owner which can decrease the appearance of the area. The reasons for the displaying of vehicles for sale in these areas can vary and may include: - Being parked at a location with high traffic volumes in order to maximize exposure and advertising. Currently the Province of Alberta Traffic Safety Act prohibits the display of vehicles For Sale unless a Municipal Bylaw permits it. In St Albert the Traffic and Land Use Bylaw permits the display of vehicles For Sale thus vetoing the Provincial regulations. February 21, 2012/Page 3
Traffic Safety Act - Use of Highway and Rules of the Road Regulation Advertising on highways 109 (1) A person shall not do any of the following on a highway: (c) (d) display any goods for sale; offer any goods for sale; sell any goods; park a vehicle that is being displayed for sale or that is displaying advertising directing persons to a commercial premises. (2) Notwithstanding subsection (1), a road authority may by bylaw or order authorize, subject to any terms or conditions that the road authority prescribes, the display of goods or the sale of goods on a highway under its direction, control and management. Motor Vehicle Sign 53(6) A Motor Vehicle Sign is permitted on a Roadway provided that the Motor Vehicle Sign is wholly attached or adhered to, and does not protrude from, the Vehicle. Land Use Bylaw Schedule C Sign regulations Definitions c.3(y) "motor vehicle sign" means a sign, placed on or attached to the side of or within a motor vehicle, which sign advertises the business for which the motor vehicle is being used. A motor vehicle sign also includes for sale signs posted on or within the vehicle solely for the purpose of selling said vehicle; If Council desired to make the display of For Sale signs prohibited, an amendment to the Land Use Bylaw definition of Motor Vehicle would be recommended. Removing the words, A motor vehicle sign also includes for sale signs posted on or within the vehicle solely for the purpose of selling said vehicle. would bring the Provincial legislation back in effect and prohibit the display of for sale signs while parked on any highway/roadway in St. Albert, which includes parking lots. Land Use Bylaw Schedule C Sign regulations Definitions c.3(y) "motor vehicle sign" means a sign, placed on or attached to the side of or within a motor vehicle, which sign advertises the business for which the motor vehicle is being used. A motor vehicle sign also includes for sale signs posted on or within the vehicle solely for the purpose of selling said vehicle; February 21, 2012/Page 4
Link to Council or Corporate Objectives: N/A Financial Implications: No Financial Implications Legal Implications: Any bylaw amendment would be required to follow the prescribed process for amendments. Attachments: None Report Date February 21, 2012 Originating Department Policing Services City Manager Review Chris Jardine (Acting) February 21, 2012/Page 5