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HomeMy WebLinkAboutAgenda Report - January 5, 1983 (28)LLTrER ROWING RDootvSIDER^ICN OF THE ENFORCrEW CP THE CITY ORDINANCE RE7GhRDING CARS PARKED FACING THE "WR=" WAY City Clerk Reimche presented the following letter which hac3 r k z�eoe--A frau Judy Underv�ood: "Dear Council Members: Lj I respectfully ask that you reconsider the enforcement of the city ordinance regarding cars parked facing the "wrong" i / way, i.e. against the flow of traffic. During the holidays we had house guests fro;►out of town who were ticketed «nd fined for this infraction. They hoc never heard of such an ordinance, although they had lived in several.cnites both in California and in other states. t (They thought perhaps the ordinance might be the result of a neatness fetish.) I understand the thinking behind passage of the ordinance originally, involving possible safety hazards of-starting a r^" car facing against traffic. However it sEeais to me to be- overly e overly protective, especially on residential streets'with little traffic. In any case, it is no more dangerousthan starting off from a drivetray. My real complaint is of the unfairness of the ordinance. Visitors and newcomersto Lodi earnest be expected to be aware of such an unusual regulations<.The'_visitors, at least, cannot even mom: an official' objection, ` since they dry not wish to return to tz-*m to appear in ccnxrt. I think it could be more than adequate for police to . leave" a wam3mg explaining the ordinance, rather than a ticket. It would be even better to forget about the whole thing and., repeal the ordinance altogether. Tnar_k you for your consideration." Judy Underwood Following Council discussion, Council referred the matter to City Attorney Stein. El ME !VEE E.83 JAH - 5 AH 9' 16 CITY ":.ERF, C;7-1' 0c, Lf -Ti Lodi City Council City Nall 221 West Finis Street Lodi, CA 95240 2155 Jerry Lane Lodi, CA 95240 January 4, 1983 Dear Council Members: I respectfully ask that you reconsider the enforcement of the city ordinance regardin.g cars parked facing file "wrong" way, i.e. against the flow of traffic. Durin-- the holidays we had house guests from out of -town who were ticketed and fined for this infraction. They hnd never heard of such an ordinance, although they had lived in several communities both in California and in other states. (They thought perhaps the ordinance might be the result of a neatness fetish.) I understand the thinking behind p- ssage of the ordinance ori- ginally, involving possible safety hazards of starting a car facing against traffic. However it seems to me to be overly protective, especially on residential streets with little traf- fic. In any case, it is no more deogerous than starting off from a driveway. My real complaint is of the unfairness of the ordinance. Visi- tors and newcomers to Lodi cannot be expected to be aware of such an unusual rejulation. The visitors, at least. cannot even make -'an officAai objection, since they do not wish to re- turn to town to appear in court. I think it would be more than adequate for police to l.,-%va a warning explaining the ordinance, rather tha:j a ticket. It would be even better to forget about the whole thing and repeal the ordinance altogether. Thank ycu for your consideration. JUDY UNDERWOOD inTYMLJNCIL TO M RE ID. Mayor ROBERT C. MURPHY. Mayor Pro Tempore EVELYN M. OLSON JAMES W PINKERTON. Jr. JOHN R (Randy)SNIDER EE CITY of LOD1 CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334-5634 January 18, 1983 Ms. Judy Underwood 2155 Jerry Lane Lodi, California 95240 Re: Your Letter to Lodi City Council Regarding "Wrong Way" Parking within the City of Lodi Dear Ms. Underwood: HENRY ^. CLAVES. )r. City Manager ALICE M_ REIMCHE City Clerk RONALD M. STEIN City Attorney The Lodi City Council at its January 5, 1983 meeting, referred your January 4, 1983 letter regarding the above --referenced subject matter to this office for response. Califorr.-a Vehicle Code Section 22502(a), a copy of which is attached hereto, states that except as otherwise provided, every vehicle stopped or parked upon a roadway where there are adjacent curbs, shall be stopped or parked with the right-hand wheels of such vehicle parallel with andwithinLinc es o the right -hand -curb. The exceptions provided relate to among others, motorcycles and commercial vehicles. Further, the Vehicle Code states in Section 22502(b) the exceptions relating to commercial vehicles, however, stating that that section shall not be construed to permit any vehicle to stop or park upon a roadway in a direction opposite to that in which traffic normally moves upon that half of the roadway on which such vehicle is stopped or parked. Under the provisions of the California Vehicle Code, except as otherwise expressly provided, the provisions of said Code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority may enact or enforce .any ordinance on the matters covered by ,he Code unless expressly authorized therein. • Ms. Judy Underwood Page Two - January 18, 1983 I trust that tt:e foregoing will. explain the City's position in the requirements of enforcing the pro- visions of the California Vehicle Code within the boundaries of the City of Lodi. Please do not hesitate to contact me if you have any further questions in regard to this or.' any other matter. RMS:vc attachment Sincerely yours, RONALD M. STEIN City Attorney § 22500 VEHICLE CODE upx)n a bridge where sidewalks are provider), when authorized by local authorities pursuant to ordinance, and except that local authorities pursuant to ordinance. or the Department of • • • Transportation pursuant to order, within their -c-spec- five jurladictions, may permit parking on bridges having sidewalks, and shoulders of sufficient width to p ertnit parking without Interfering with the normal movement -f traffic on the roadway. local authorities may by ordinance or resolution pxrmit parking on such bridge -4 on state highways in their respect.ve Jurisdictions if the ordinance or resolution Is first npptnved in writing by the Department of • • • Transportation. Parking shall not be permitted unless there are signs In place as may 1xv necessary to Indicate the provisions of local ordinances or the order of the Department of • • • Transportation. (Amended by Stats.1liT2, c. 490, P. Fti2, 1 3; Stats.18T4, c. 5-45, p. 1324, 1 20.4.) local regulation of electric carts on side- Law Review Commentaries walks, set 1 21100. Constitutionality of ordinance authorizing 1972 Amendment. Added to subd. (f) an use of "deriver hoot' to imrnobnlze Illegally exception or electric carts -parked motor vehicles. (1978) 64 A.S.A.J. 1974 Amendment. Substituted Depart- 151. ment of "Transportation" for "Public Corks". 1 22501. Local regulation of stats highways No ordinance enacted by local authoritiess, pursuant to subdivisions (e) and (k) of Section 22500 or Section 22507.2 shalt become effective as to any state highway without prior submis-4fon to and approrai by the Department of Trcensportation in the sntre manner as required by Section 21104. Nothing contained in this section and Section 22500 shall he construed as authorizing local authorities to enact legis- lation which is contrary to the provisions of Sections 22.512 and 25301. (Amended by Stats.1374, c. ti45, P. 1325, 1 204; Stats.1080, c. 158, p. —, 1 1, urgen- cy, eff. June 11, 1980.) 1 22502. Curb parking; local ordinances; exception (a) Except as otherwise provided in this chapter every vehicle stopped or parked upon a roadway where there are adjncent urbs shall Iw stopped or parked with the right-hand wheels of such vehicle parallel with 'and within IS inches or the right-hand curb, except that motorcycles shall be parked with at least one wheel or fender touching the right-hand curb. Where no carts or barriers hound any two-way roadway, right-hand parallel parking is required units otherwise Indi- cated. (b) The provisions of subdivision (a) or (e) do not apply to a commercial vehicle If it variation from the requirements of subdivision (a) or (e) is reasonably neces- sary to accomplish the loading or unloading of merchandise or passengers on, or from, such vehicle and while anything connected with such loading, or unloading. Is being executed. This subdivision shall not be constrled to permit any vehicle to stop or park upon a roadway in a direction opposite to that in which traffic normally moves upon that half of the roadway on whh�h such vehicle Is stopped or parked, (c) Notwithstanding the provisions of subdivision (b), local authorities may, by ordinance, prohibit commercial vehicles from ►topping, parking, or standing on one side o! a roadway In a business district with the • • e wheels of such vehicle more than 18 Inches from the • • • curb. The ordinance shall be effective only If signs are placed in the areas to which it Is applicable clearly Indicating the prohibition. (d) This section does not apply to vehicles of a public utility when such ve- hicles are being used In connection with the operation, maintenance, or repair of facilities of the public utility or are being used in connection with providing publlr•. utility service. (e) t'pon a one-way roadway, vehicles may he stnppN! or parked as provided In subdivision (a) or with the left-hand wheels parallel to and within 18 inches of the Underline Indicates changes or additions by ameadment 10 left-hand curh, ex either one wheel bound any much o less otherwise Indic The provisions o highway. (Ame-nded by Stats. 1971 Amendment. "two—way" modlfyi final sentence of e reference to subd. (• the second psragra feted, 1n subd. (c) t modifying "wheels" subd. Stapplemeat�r� Search and seizure i. in general Because the driver committ]nK a trafflk once, officer had tht vehicle and detain It reasonably related t violation and the tastl 1 22503. LocnI ort Local authoritla hand parking upon Is effective with i been submitted to porta tion. (Amended by Stats P. 1325, 1 205.) 1971 Amendment. paragrai.th and, 1n Inserted the ctaass 1 22503.5 Two or l Notwithstanding mar, by ordinance wheeled or three -w', ;Amended by Stats, 1972 AmendmvnL authority" for "the 122504. Unlncerps (a) Upon any bigl " standing any vehic: practicable to stop. every creat an nttol be left for the free shall be available f This section shall n cent curtm (b) This sections such a manner and porarily leaving the Asterisks • • • tad