HomeMy WebLinkAboutAgenda Report - March 22, 1989 (68)COUNCIL
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
SUBJECT: REVISED "CURBSTOINING" ORDIMANCE
C O M M U N I C A T I O N
COUNCIL MEET ING DATE
March 15, 1989
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible adoption of the
attached draft of curbstoning ordinance.
BACKGROUND I14FORMAIION: At the City Council meeting of September 3,
1988, the Council directed stsff to prepare a revised
curbstoning ordinance in response to th` Lodi
Municipal Court's decision of August 8, 1988, overturning the City's existing
ordinance which prohi b i ted the parking of vehicles on a public street . for
the purpose of displaying such vehicle ... for sale ..." This blanket
prohibition was deemed unconstitutional as an infringement on commercial
speech.
The model
ordinances provided by the
League of
California Cities were not nxrh
help, since
they were all similar to
the one
overturned. This means the new
ordinance
was drafted without the
aid of
reference to other ordinances
previously
upheld. However, courts
have in
theast, approved "timc-, place
and manner"
restrictions (as opposed
to total
bans on other constitutionally
protected
activities, and the new ordinance was prepared with that principle
in mind.
The attached draft reflects
those concerns
expressed at the February
28, 1989 shirtsleeves session.
The ordinance would limit displays on vehicles, vessels and trailers to a
single sign not exceeding one square foot, and prohibit any party from having
more than two vehicles, vcssels or trailers displaying scch signs parked on
City streets at any one time.
Although persons would be able to park vehicles, vessels or trailers with
"for sale" signs on them in some areas, it would not be allowed within two
hundred feet of any signalized intersection or four-way stop sign, based on
safety considerations. Part D of the draft addresses situations in which
people park vehicles in shopping ce:ter parking lots and other similar
locations on the property of others in Grder to maximize exposure to passing
traffic. This portion of the ordinance prohibits persons from parking on
property not belonging to the owner cf the vehicle without the express consent
of the property owner or person in control of the property. In the abserce of
proof of owner's consent, the vehicle owner could be cited under this section.
The previous ordinance's limitation on parking vehicles on the street for
painting, greasing, repairing, washing, polishing, etc. is retained.
Council Communication, Page Two
Revised Curbstoning Ordinance
Although this may not prove to be as comprehensive as our previous ordinance,
I beiieve it will withstand court scrutiny if challenged, and will provide
some control over potential eyescres and traffic hazards.
Respectfully submitted,
BOB McNATT
City Attorney
BM _vc
attachment
CURBSTON.3/TXTA.OIV
f
ORDINANCE NO. 1450
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUN[CIPAL CODE CHAPTER 10.44.0n0
AND REENACTING A NEW CHAPTER 10.44.040
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECIDN 1. Lodi Municipal Code Chapter 10.44 - Stopping, Standing
and Parking, Section 10.44.040 - Parking for Certain Purposes
Prohibited - is hereby repealed and a new Chapter 10.44.040 is
reenacted as follows:
10.44.040 PARKING FOR CERTAIN PURPOSES PROHIBITED; DffLAY Or "FOR
SALE" SIGNS ON VEHICLES, VESSELS OR TRAIERS -
RFSMCMONS.
A. It shall be unlawful to park upon any public street,
right-of-way or public property any vehicle, vessel or trailer
displaying a sign advertising such vehicle, vessel or trailer for
sale which exceeds one square foot in size, or displaying more
than one such sign, or to attach to or otherwise affix to such
vehicle, vessel or trailer any other sign, banner, pennant,
balloon or other device, intended to call attention to the fact
that such vehicle, vessel or trailer is offered for sale.
B. It shall be unlawful for any person or firm to have parked
contemporaneously on the public streets or rights-of-way anywhere
within the City of Lodi, three or more vehicles, vessels or
trailers displaying a sign or signs indicating or advertising
a
such vehicle, vessel or trailer for sale. irrespective of the
proximity of such vehicles , vessels or trailers.
C. Notwithstanding subsec-� i on A of this ordinance, it shall be
unlawful to park upon any public street, right-of-way or public
place within two hundred feet of any signalized intersection or
4 -way stop sign, any vehicle, vessel or trailer displaying a sign
advertising such vehicle, vessel or trailer for sale,
irrespective of the size or number of such signs. The Lodi City
Council hereby finds and declares that vehicles, vessels or
trailers parked within two huridred feet of a signalized
intersection or 4 -way stop sign, and displaying such signs,
constitute a traffic hazard by distracting the attention of
passing motorists and pedestrians away from other traffic moving
through and about such intersections. For purposes of this
section, "signalized intersection" shall mean any intersection
controlled by a traffic signal.
D. It shall be unlawful for any person or firm, upon property
belonging to another, to park or display , thin thirty feet of
the adjacent public street or right-of-way a5 measured from the
rear edge of the curb, gutter or sidewalk, or from the edge of
the pavement if no curb, gutter or sidewalk exists, any vehicle,
vessel or trailer displaying a sign or signs advertising i t for
sale, without first obtaining the express consent of the owner or
person having control of such property. This section shall not
apply to any private property appropriately zoned and
-2-
6
licensed for the sale, repair, or storage of such vehicles,
vessels or trailers.
E. It shall be unlawful upon any public street, right-of-way or
public property to park any vehicle, vessel or trailer for the
purpose of painting, greasing, or repairing such vehicle, vessel
or trailer except for emergency repairs.
F. It shall be unlawful to park any vehicle, vessel or trailer
upon ansa public street or right-of-way for the purpose of washing
or polishing such vehicle, vessel or trailer or any part thereof
W1= a charge is made for such service.
.SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTICN 3. This ordinance shall be published one time in the "Lodi
Nays Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
JAMES W. PINKERTON, JR.
Mayor
-3-
ATTEST:
ALICE M. REJMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. was introduced at a regular meeting of the
City Council of the City of Lodi held
and was thereafter passed, adopted and ordered toprint at a regular
meeting of said Council held by the following vote:
Ayes : Council Members -
Noes : Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
OR01450/TXTA.0IV
-4--
ALICE M. REIMCHE
City Clerk