[HISTORY: Adopted by the Town Council of
the Town of Westerly 8-13-1991 by Ch. 15 of the 1991 Code. Amendments noted where applicable.]
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Representatives of the State Department of Health.
Any person or his agent, receiving a license to conduct,
operate or maintain a mobile home or trailer park or court or storage
area for mobile homes or trailers.
The Licensing Board.
[Amended 5-11-2009 by
Ch. No. 1673]
A unit mounted on wheels or any vehicle used for sleeping
or living quarters, permanent or temporary, which may be equipped
with running water, bath facilities, flush toilet or other appropriate
sanitary accommodations, and which may be moved from place to place,
either by its own power or by power supplied by some vehicle attached
to it or to be attached to it.
Privately-owned land upon which two or more mobile homes
or trailers are or are intended to be used and occupied as sleeping
or living quarters, permanent or temporary.
An area set aside for dead storage of trailers.
Any automobile trailer designed to be moved or pulled by
any vehicle, other than mobile home, used for or adaptable for use
as living quarters, permanent or temporary, by any person.
The Zoning Official shall be the authorized
official to enforce the provisions of this chapter.
No individual mobile homes or trailers shall
be placed or parked except in a licensed mobile home or trailer park
or court or licensed storage area within the Town.
No tenting camps shall be permitted in the Town,
and no tents shall be used for sleeping or living purposes in the
Town.
[Amended 5-10-2004 by
Ch. No. 1490]
No person shall maintain or operate a mobile home or trailer park or court without having first obtained a license from the licensing authority. The application for such license shall be obtained at the office of the Town Clerk on a form provided by such office, and in the event that a license shall be issued to the applicant in due course, the fee provided in Ch. 121, Fee Schedule, paid to the Town Clerk, shall cover the period from the time of the issuance of the license to December 31 next after the issuance of the license. All licenses shall be renewed annually by December 1, and the fee shall be as designated in Chapter 121, Fee Schedule.
A.
The following are requirements for a mobile home or
trailer park or court license, to be filed with the Town Clerk at
the time of application for the license:
(1)
Name and address of applicant; and name and address
of real party in interest if other than applicant.
(2)
A plot plan made by a licensed surveyor under seal showing the site of the mobile home or trailer park or court, roads, location, size, shape and identification number of the mobile home or trailer lots or spaces, locations of sanitary provisions and the name of abutting property owners according to the records of the Tax Assessor for the Town. Such mobile home or trailer park or court shall contain not less than 100,000 square feet nor more than 800,000 square feet of area and may be located only in an OSR Zone as defined in Chapter 260, Zoning.
[Amended 5-10-2004 by Ch. No. 1490]
(3)
Certificate of approval of the health officer as to
compliance with the sanitary requirements set forth.
(4)
Proof of ownership, option or valid lease of the premises
to be used as a mobile home or trailer park or court.
(5)
Written approval of the Planning Board and the Zoning
Inspector, provided that such approval shall not be required for renewal
of licenses.
B.
No original license for a mobile home or trailer park
or court shall be granted or issued until a public hearing advertised
at least once a week for three successive weeks in a public daily
newspaper with wide distribution in the Town shall be held by the
licensing authority. The sum of $100 shall be deposited with the Town
Clerk to defray the cost of advertising same. Any sum remaining after
paying cost of advertising shall be returned to the applicant.
Each licensee shall keep a bound register in
which the following information shall be recorded forthwith upon the
letting of each mobile home or trailer lot; such information shall
be furnished on request to the Town Clerk and such register shall
be available for inspection by the Police Department at all times:
A.
Full name of mobile home or trailer owner.
B.
Make, model, size, serial number and year of manufacture
of mobile home or trailer.
C.
State in which registered and registration number
of mobile home or trailer.
D.
Date of arrival and date of departure.
E.
Car registration number of person owning or using
the mobile home or trailer.
Whenever in any mobile home or trailer park
or court the management willfully or negligently allows and permits
a condition to exist, where in the discretion of the Chief of Police
the public peace or public morals are adversely affected, or in the
discretion of the Fire Marshal the public safety is endangered from
an unusual fire risk; or in the discretion of the health officer the
public health is menaced, or in the discretion of the Director of
Public Works or the Building Official the public safety is endangered,
the Chief of Police, in his own discretion or on recommendation of
any of the above-mentioned officials, shall notify the management
of such mobile home or trailer park or court to promptly remedy such
condition, and may suspend the license to operate such camp or parking
site, pending future action of the Town Council. Whenever such action
is taken by the Chief of Police, he or such other Town officer as
may be concerned shall forthwith communicate to the Town Manager in
writing, the action they have taken and their reasons therefor.
A.
Grading to ensure drainage. The park shall be located
on a site graded to ensure drainage of surface and subsurface water,
sewage, and freedom from stagnant pools.
B.
Lot size. A minimum lot size of 10,000 square feet
shall be provided for each mobile home or trailer lot or space, the
width of such lot being not less than 80 feet on the roadway of the
trailer or mobile home park.
C.
Clearance and setback. There shall be a minimum of
20 feet clearance between each mobile home or trailer and the lot
boundary line, and each trailer or mobile home shall be set back 30
feet from the front line of the lot.
D.
Lot access road width. All mobile home or trailer
lots shall abut on a roadway of not less than 30 feet in width where
off-road parking is provided for, 40 feet where no off-road parking
is provided.
E.
Road drainage, surface and maintenance. All roads
within the park shall be well drained, provided with gravel or hard
surface, and shall be maintained in good condition by the owner or
licensee of the mobile home park or trailer park.
F.
Trailer proximity to highway. No mobile home or trailer
shall be located closer than 50 feet to the nearest boundary of the
traveled portion of any public highway.
G.
Streetlights. Streetlights of not less than 1,000
lumens each shall be installed at intervals of not more than 300 feet
apart.
H.
Service buildings. Every trailer park shall provide
suitably equipped service buildings located not closer than 10 feet
nor more than 200 feet to any trailer coach space. They shall be permanent
structures complying with all applicable ordinances and statutes regulating
buildings, electrical installation and plumbing, heating and sanitation
systems. They shall be well lighted at all times, well ventilated
and screened. They shall be constructed of such moistureproof material,
including painted woodwork, as shall permit repeated cleaning and
washing. They shall be properly heated at all times. The floors of
all service buildings shall be of impervious material and shall slope
to a floor drain connected with a sewerage system or cesspool.
I.
Toilet, bath and lavatory facilities. Toilet, shower
and lavatory facilities for men and women shall be either in separate
buildings at least 20 feet apart or shall be separated, if in the
same building, by a soundproof wall. All toilets and showers shall
be in separate compartments. Toilet facilities for men shall consist
of not less than one flush toilet for every 15 trailer coach spaces
or fraction thereof; one flush urinal for every 15 trailer coach spaces
or fraction thereof; one hot and cold water shower and one hot and
cold water lavatory for every 10 trailer coach spaces or a fraction
thereof. Toilet facilities for women shall consist of not less than
one flush toilet, one hot and cold water shower, and one hot and cold
water lavatory for every 10 trailers or a fraction thereof. There
shall be one slop sink in each lavatory room.
J.
Recreation area. Each trailer park shall set aside
an area of at least 10,000 square feet of the total site for recreation
purposes for those accommodated in the establishment. The recreation
area shall be so marked, and may include (but not be limited to) picnic
tables and benches, children's play equipment, swimming pools, horseshoe
pits, tennis courts, ball fields and so forth.
A.
Water supply. An adequate and potable supply of water
with a minimum of 40 pounds per square inch pressure at all times,
shall be provided for each mobile home or trailer space or lot. The
water source shall be capable of producing 300 gallons of potable
water per mobile home or trailer lot per day from a source approved
by the State Health Department.
B.
Proximity of leaching field to water well. No part
of the sewage disposal leaching field system shall be located within
150 feet of any mobile home or trailer park well water supply.
C.
State approval of nonconnected sewer lines. Where
the sewer lines of a mobile home park or trailer park are not connected
to a public sewer, the means of disposal of all sewage must be approved
by the State Board of Health.
D.
Approval of sanitary and water connections. All sanitary
and water connections must receive approval of the Building Official
before being used.
E.
Refuse containers; disposal. Licensees shall furnish
at least one refuse can with tight-fitting cover for each occupied
mobile home or trailer lot and use any approved collection method
in accordance with the Town health and sanitation laws. Refuse shall
be collected and removed regularly and in such manner that no nuisance
shall be maintained. It shall be the responsibility of each licensee
to maintain proper sanitary conditions with respect to waste and refuse
disposal.
A.
Suitable fire apparatus access road. Mobile home or
trailer parks or courts shall have access to a public street or road
by means of a private road suitable for access by local fire-fighting
apparatus.
B.
Hard-surfaced road width access to public streets.
Mobile home or trailer parks or courts shall have access to a public
street or road by means of a private hard-surfaced road not less than
40 feet wide.
C.
Fire apparatus access to trailer generally. Trailer
courts shall have roads suitable for access by local Fire Department
apparatus, which roads will permit the Fire Department apparatus to
approach within 200 feet of any part of a trailer.
D.
Keeping approaches clear; overhead wires. Approaches
to all trailers shall be kept clear for fire fighting. Conductors
of overhead wiring systems shall have a clearance of not less than
18 feet above trailer court roadways.
E.
Clearance between trailers. Trailers shall be so located
within the trailer court that a spacing of at least 40 feet is maintained
between trailers, together with their additions and appurtenances
and from permanent structures or buildings.
A.
Instructions to staff. The trailer park operator shall
be responsible for the instruction of his staff in the use of the
court fire protection equipment and in their specific duties in the
event of fire.
B.
Instructions to tenant. It shall be the responsibility
of the trailer court operator to inform all tenants about means for
summoning fire apparatus, police departments and court employees.
C.
Posting safety rules. The rules and regulations, entitled
"Fire Safety of the Court," shall be conspicuously posted.
A.
Approval of installation. All electrical systems and
equipment shall be of an approved type and installed in accordance
with the provisions of the Town Electrical Code insofar as applicable
with exceptions noted. They must receive the approval of the Building
Official before being used.
B.
Court electrical supply. The electrical supply facilities
of the trailer court shall have adequate capacity to serve the maximum
connected load, subject to a demand factor determined by the inspection
authority having jurisdiction.
C.
Trailer electrical supply. The trailer court operator
shall provide facilities for electrical supply to each trailer, with
readily accessible means of disconnecting the electrical supply. The
trailer court operator should provide for each trailer a grounding-type
supply receptacle, provided with appropriate fuses or circuit breakers.
Electrical connection between electrical supply and the trailer shall
be made only under the supervision of the court operator.
D.
Grounding. When the requirements of Subsection C do not accomplish the proper grounding of the trailers, a ground connection shall be provided, with clamps or other facilities for connection between ground and the body of the trailer if of metal. Such ground connection shall be a minimum of Number 8 stranded copper conductor or its equivalent, and shall be connected to a metallic water pipe or other approved ground in accordance with the Town Electrical Code. Such ground connection shall be made before connecting the electrical supply, and shall be kept in place at all times while the electrical supply is connected.
E.
Electrical disconnection. Adequate arrangement shall
be made to assure that both electrical supply and ground connections
will be discontinued before the trailer is moved.
A.
Container filling. When such service is provided,
the liquefied petroleum gas containers shall be filled at a properly
equipped container filling plant or from a tank truck, both complying
with the applicable requirements of the NFPA Standard No. 58, Liquefied
Petroleum Gas Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Location of filling plant. Such filling plant may
be located in the trailer court, provided that the entire operation,
including the storage container, is located not less than 50 feet
from the nearest trailer, buildings, or group of buildings, or line
of adjoining property which may be built upon, and not less than 25
feet from any public street or highway. Such filling plant and storage
containers shall be enclosed by six-foot industrial-type fencing or
otherwise protected from tampering or physical damage. The access
to the enclosed area shall be kept locked when unattended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Filling from tank truck. Containers installed at the
trailer may be filled at that location by a tank truck. When containers
are accumulated at the tank truck for charging, such charging shall
not be done within 50 feet of the nearest building, trailer or group
of buildings nor within 25 feet of public streets or highways. Private
streets, roads or rights-of-way shall not be classed as public streets
or highways. No vapor or liquid shall be vented to the atmosphere
during the filling operation. The container filling operation shall
only be performed by qualified personnel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In courts where gasoline, fuel, oil or other
flammable liquids are stored and dispensed, their handling and storage
shall comply with NFPA No. 30, Flammable and Combustible Liquids Code.
A.
Fire alarms. Provisions shall be made for giving an
alarm in case of fire.
B.
Fire alarm boxes. Where the services of a Fire Department
are available to the trailer court, approved fire alarm boxes or approved
telephone facilities or other approved methods shall be provided and
shall be readily accessible at all times. Where such Fire Department
services are not available, approved local fire alarm facilities shall
be made for giving an alarm.
C.
Portable fire appliances. Approved facilities shall
be provided for fighting fire in ordinary combustible materials (Class
A), readily accessible to all trailer occupants, in readily visible
locations. Such facilities may consist of Class A extinguishers (soda-acid,
pump tank, antifreeze) in accordance with NPFA Standard No. 10, Standard
for Portable Fire Extinguishers, so located that it will not be necessary
to travel more than 100 feet from any trailer to reach the nearest
extinguisher, or may consist of garden hose of a type usable in all
weather, permanently attached or in cabinets immediately adjacent
to the hose connection, so located that any part of any trailer can
be reached with a garden hose stream.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Extinguisher spacing. One or more approved extinguishers
of a type suitable for flammable liquid or electrical fires (Class
B and Class C) in accordance with NFPA Standard No. 10, Standard for
Portable Fire Extinguishers (carbon dioxide or dry chemical), shall
be so located that it will not be necessary to travel more than 100
feet to reach the nearest extinguisher.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Care of fire equipment. Appropriate arrangements shall
be made to prevent freezing of fire-fighting equipment in any area
subject to freezing.
A.
Incinerators. The court operator shall provide an
adequate system of collection and safe disposal of rubbish. Incinerators,
when provided, shall be in accordance with NFPA No. 82, Standard on
Incinerators and Waste and Linen Handling Systems and Equipment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Freedom from brush and weeds. The court operator shall
maintain the entire area of the court free of dry brush, leaves and
weeds.
A.
Location of dead storage areas. Any storage area for
dead storage of trailers or mobile homes shall be located only in
an OSR Zoning District.
[Amended 5-10-2004 by Ch. No. 1490]
B.
License for dead storage. No person shall operate or maintain a storage area for the dead storage of trailers or mobile homes without first having obtained a license from the licensing authority. The application for such license shall be obtained at the office of the Town Clerk on a form furnished by the office. The initial fee for such storage area shall be as provided in Chapter 121, Fee Schedule, shall be paid to the Town Clerk and shall cover the period from the time of the issuance of the license to December 31 next after the issuance of the license, and for a renewal each year between December 15 and December 31, the fee shall be the same as the initial fee, paid to the Town Clerk.
C.
Limiting number of trailers. The licensing authority
shall within its discretion limit the number of trailers or mobile
homes permitted in storage areas and no trailer or mobile home may
be used for living or dwelling purposes while in such storage area.
D.
Taxation information. The operator of such storage
area shall keep or cause to be kept, for taxation purposes, the following
information: the make, year, length, serial and license number of
each mobile home or trailer station in the storage area on December
31 of each year. Such information shall be filed with the Tax Assessor
of the Town between January 1 and January 15 in each year.
E.
Approval of license issuance. Written approval from
the Town Planning Board and the Zoning Official shall be given before
the issuance of any license for the dead storage of trailers or mobile
homes.
Any mobile home or trailer park existing on October 20, 1964, shall be exempted from the provisions of this chapter, except that each such mobile home or trailer park shall obtain a license from the licensing authority. The application for such license shall be obtained from the office of the Town Clerk on the same form as those used for other mobile home or trailer parks. The initial fee and the renewal fee each year, paid to the Town Clerk, between December 15 and December 31 shall be as provided in Chapter 121, Fee Schedule. It is further provided that the sanitary provisions of each mobile home or trailer park shall conform to the State Department of Public Health regulations and shall be approved by the Department. Each such mobile home or trailer park shall be inspected by the Town Fire Marshal and in his discretion such reasonable measures as are necessary for fire protection shall be made mandatory. No additional trailers or mobile homes to those already provided for shall be permitted in any existing trailer camp without first obtaining written permission from the licensing authority. The operator of each such existing mobile home or trailer camp shall maintain a register similar to and containing the same information as that required in this chapter for other mobile home or trailer parks and it shall be available for inspection by the Police Department at all times. Nothing contained herein shall prevent the expansion of an existing trailer camp up to an additional 20,000 square feet, provided that the licensee held title to the land as of October 20, 1964, on which the addition is to take place and provided that the licensee complies with the provisions hereinbefore mentioned.
A.
RECREATION VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An enclosed detachable camper unit carried on the back of
a motor vehicle; or a trailer-type vehicle mounted on wheels and drawn
by a motor vehicle; or a vehicle mounted on wheels that is designed
and equipped for use as temporary living quarters and propelled by
its own power; and does not exceed 32 feet in length; and which is
primarily designed to provide temporary living quarters during periods
of travel and camping. Such vehicles are commonly known as "camping
trailers," "recreational vehicles," "travel trailers," "motor homes"
and "truck campers."
B.
No person shall park or store any unoccupied or occupied
recreation vehicle on any lot, tract or parcel of land located within
the Town unless authorized by the provisions of this chapter.
C.
No person
shall park or store any unoccupied recreation vehicle on any lot,
tract or parcel of land located within the Town unless it complies
with the following:
[Amended 8-17-2009 by Ch. No. 1683]
(1)
No
more than one recreation vehicle may be parked or stored on the premises
of any occupied dwelling.
(2)
The
recreation vehicle must be owned and registered to the occupant of
the dwelling.
(3)
No
recreation vehicle, while parked or stored, shall be used for living,
sleeping or housekeeping or business purposes and shall have no water,
sewer, electrical or other utility hookups.
(4)
The
recreation vehicle must be in a condition for the safe and effective
performance of the function for which it was intended and be generally
well maintained.
D.
Notwithstanding the other provisions of this chapter,
a person may park an unoccupied recreational vehicle in a duly licensed
commercial parking lot or a public parking lot or area subject to
all other regulations regarding traffic, parking, etc., except between
the hours of 1:00 a.m. and 5:00 a.m.
[Amended 8-17-2009 by Ch. No. 1683]
E.
Nothing contained herein shall be construed to reduce
or eliminate the other requirements or provisions of this chapter
as related to the license for a mobile home or trailer park or court
or for a legal dead storage area of trailers or mobile homes.[1]
[Amended 8-17-2009 by Ch. No. 1683]
[1]
Editor's Note: Former Subsections F, G and H, which immediately
followed, were repealed 8-17-2009 by Ch. No. 1683.
Any person who shall violate any provision of this chapter shall upon conviction be punished as provided in Chapter 1, Article II, General Penalty, for each offense. Each day such violation shall continue beyond one day from original conviction shall be deemed a separate and distinct offense. Continued violation of any provision of this chapter shall constitute grounds for licensing authority revocation of license.
