Some months ago a member of the Council raised a concern with the existing language in the Zoning Code that regulates the overnight parking of RVs in commercial parking areas. This is consistent with a concern that has also surfaced within the Flagstaff Police Department, and that has resulted in internal staff meetings to discuss the issue. For reference, the relevant paragraph from the Subsection of the Zoning Code is copied below:

The Police Department’s concern with the code as it is currently written is that it includes the language “camping” which confuses the issue of overnight parking with camping, which is addressed in a separate section of City Code.  In addition, the Police Department is concerned that the language is too vague which makes it hard to apply and enforce.    

Service calls made by the Police Department between the dates of January 1, 2010 and January 1 2014 reveal the following:

• Wal-Mart off Woodlands Village Boulevard - 10 calls for service specific to RV parking overnight, eight of which were from management at Wal-Mart and two were calls from citizens complaining. For one of these calls, a citizen reported several RV’s parked together with the occupants setting up grills for outdoor cooking and playing frisbee.


• Wal-Mart on Huntington Drive - 4 calls for service specific to overnight parking of RVs, with one call from Wal-Mart management and 3 calls from citizens complaining, one of whom complained that there is signage on site stating that no overnight parking was permitted.

As noted previously, staff has met on a number of occasions to discuss this issue. Attached is a draft of possible amendments to this Subsection of the Zoning Code that should resolve the concerns noted by the Police Department to make this Subsection more enforceable. In these amendments staff suggests that the existing Paragraph 3 should be deleted, and that a new Section 10-50.80.100 (Camping) be inserted. The prohibition from (L)(3) is suggested for deletion as that subsection is too narrowly focused on a “camping or vacation trailer, recreational vehicle, utility trailer or boat.” What happens when someone’s sleeping in a two door coupe? Also, staff has deliberately left out a definition of “camping” as courts have consistently held that “we all have a common-sense understanding of what camping is.”  However, should Council determine that a definition for camping be included in the Zoning Code, the existing definition in City Code 6-01-001-0022, with a few minor amendments, would be appropriate.

In researching this issue, staff found a  “Wal-Mart Atlas” online that has a “No Park Wal-Mart” section listing the more than 600 US cities that prohibit overnight parking/camping in Wal-Mart parking lots -  http://www.walmartatlas.com/wp-content/uploads/2013/02/no-park-walmarts.pdf. It appears that most Arizona municipalities appear to ban overnight parking/camping in Wal-Mart parking lots which would suggest that the prohibition of overnight parking/camping in Flagstaff is no different than that imposed by the majority of Arizona cities.

CONCLUSION
At the February 25, 2014 work session, staff will be seeking direction from the City Council on whether amendments are required in Division 10-50.80 of the Zoning Code regarding the overnight parking of RVs in commercial parking lots.