HomeMy WebLinkAboutAgenda Report - May 6, 1992 (100)CITY OF LODI
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AGENDA TITLE: Parki na on Kettleman Lane of Vehicles Displaying
"For Sale" Signs
MEETING DATE: May 6, 1992
PREPARED BY: City Attorney
RECOMMENDED ACTION: Information only.
BACKGROUND: The Council was recently asked to take steps to deal
with the large number of vehicles displaying "For Sale"
signs parked at the south curb of Kettleman Lane. The
most practical approach seemed to be a time limit on
parking. However, that could negatively affect parking
by those residents who live on the north side of the
street.
It now appears a State statute may supply a solution without the need for
further City action.
It was recently pointed out to me that Streets and Highways Code Section 731
(attached) prohibits narking any vehicle on a State highway for the purpose
of (among other things) offering it for sale. Violation of the Section pis a
misdemeanor and may also result in the vehicle being towed. It authorizes
enforcement by the Highway Patrol or any local peace officer.
Since Kettleman Lane is a State highway, the statute may be useful, although
it would be of no help anywhere else in the City.
Following discussion with City Manager Tom Peterson, it was felt that the
best approach might be to begin enforcement by simply placing a warning and
copy of the statute on any vehicle displaying a "For Sale" sign found parked
on Kettleman Lane. After a reasonable time. citations could be issued.
APPROVED
THOMAS A PETERSON
City Mannger
'ectiehe o•DM
PARK2CC/TXTA.GIV CC-;
Title: Parking on Kettleman Lane of Vehicles Displaying
"For Sale" Signs
Date: M* 6, 1992
Page: Two
It is recommended that no further local parking restrictions be implemented
on Kettleman Lane pending an enforcement program using this Streets and
Highways Code section. The City Council will be kept advised.
FUNDING: None required.
Respectfully submitted,
V�
cat
city Attorney
BM/vc
attachment
CHAPTER 3. THE CARE AND PROTECTION OF STATE HIGIIWAYS
., n,,. .f
ARTICLE 3. NUISANCE AND PENAL PROVISIONS
Seelon
731.6. Public pay telephoner; location within bun passenger shelters; permits.
4 731. Vehicle cr structure on highway for We purprmea. public nuisance; summary removal
Any vehicle m structure parked nr placed wholly nr partly within any Mate highway. for the
purpeme of selling the same nr of rrlling therefrom nr therein any article, service nr thing. i; a public
nuisance and the department may immrdintrly remove that vehicle nr structure from within any
highway.
Any person parking any ' ' ' vrhirlr nr placing any ' 'structure wholly or partly within any
' ' 'highway for the purpnae of rrlling that erhicle nrstrwturr., or of rrlling therefmm or therein.
any article nr thing, and any person arlhnj displaying for sale, nr offering for sale any articir kir
thing either in nr from ' .' that vehicle nr structure an puked nr plarrd, anal any person storing,
servicing. repairing kir otherwm rus
working un any ' ' ' vrhicir. othrr than upon a vehicle which
temporarily disabled, in guilty of a misdemeanor.
The CitiiforrAa Highway Patrol and all peace efr"m may rnforre the provisions of this chapter
and shall coom to with the &partment to that enrl. Whenever m y member of tht California
liiythway tr a arty pracr officer remnvrs a vehicle from a highway kinder thr provisinm+ of thi-i
section, then all of the provisinns of Article R (commencing with Srction 22SM), Chapter 10, Pivision
11 of the Vehicle Code with reference to the removal of a vehicle from a highwayshnll W applicable,
' ' 'Mia section docs not pmhibil a seller from Inking orders ordelivering any commodity from •
vehicle nn that part e�any stete highway immediately adjacent to the premises of the purchaser,
... prohibit an owner kir operator of a vehicle, nr a mechanic, from servicing, repairing nr
otherwise working upon any vrhirlr which is temporarily disabled in' . . a mannerand In' ' ' an
exttnl that it is impossihie to avoid stopping that vehicle within the highway; or pmhibil coin-
overoW public tetephon" sad related w4ohone atrucLurn itt Dark and ride iot& viataaooit-iter. ate
(Arnended by Stats -1991, c. 775 (S.B.732), j lo.)
111we ad and Sweemr rials! "that" rnr "sash" or deleted 'ivch". txlerrl the yw"
in of -awl aw- in the tM d ;map.ptt; std newest the
The 11"I amendment, preceding "vehicle". "ttrwavee" pe-sraph relatty to esaepthmt
sad "highway" throughout the woken either auts avied
731.6. Public pay telephones: location within We paaaewger shelter; permits
Section 731 does not apply to a coin -activated nr crrdit rard,activsted telephone available far public
use shared and maintitined within any bur passenger shelter lawfully rrerted upon any state
highway other than a freeway nr expressway if the person placing the telephone has obtAined a
permit from the department purruant to Section 670
(Added by Stats. I990, c. 512 (A.fl,fot I), I I.)