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Council directs staff to simplify winter trailer parking rules and review sign issue raised in court
Summary
Council asked staff to draft a simpler winter/trailer parking ordinance that distinguishes recreational trailers from work trailers; city attorney said a state statute cited in recent court filings likely does not force municipalities to erect signs but staff will propose code language to address the issue.
Council members on Dec. 19 discussed revisions to Lincoln’s winter trailer/parking ordinance aimed at separating seasonal recreational trailers from work/service trailers.
The city attorney told the council the draft ordinance could be simplified by removing an overly broad catchall definition so that recreational trailers are treated distinctly from service/work trailers. Police leadership said a straightforward carve-out for work trailers — for example allowing work trailers to remain on the street for 48 hours or to obtain a permit for longer stays — would help enforcement and reduce ambiguity.
The attorney also reported that some citizens recently challenged trailer citations in municipal court citing a provision of North Dakota law that, on its face, was argued to require municipalities to post signs before enforcing special parking rules. The attorney said his research suggests the statute was not intended to force municipalities to spend money unnecessarily to post signs and that there is no controlling case law or attorney-general opinion on the point; staff will propose a code amendment intended to address enforcement questions raised in court.
Council asked staff and police to draft a revised ordinance and return it on a future agenda for further action.
