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Home My WebLink AboutAgenda Report - January 19, 1983 (42)� �wCIT'Y"COUNCIL MEETING JANUi RY + "` r {r � I s " y� i'"i'M^. .fit � ti' a � • . t t, .�.u� t c t � �'�'� - ` City Attorney Stein apprised the Council that under existing law, an unattended vehicle may be removed from private property by the owner of the property. Prior to causing removal of the vehicle, a sign is required to have been posted on the property prohibiting public parking and containing the telephone number of the local enforcement agency. AMENDMENT TO The Vehicle Code has been amended to require that in addition, CITY ORDINANCE TO the sign be of such size as required by Ordinance, be COMPLY WITH NEW displayed at all entrances to the private property, and LEGISLATION RE indicate that vehicle will be removed at the vehicle owner's REMOVAL OF expense. This new legislation also provides that when there UNATTENDED has been a failure to post a sign on said private property, VEHICLES FROM an owner who causes the removal of a vehicle would be liable PRIVATE PROPERTY for any storage or towing charges. ORD. NO. 1281 Councilman Pinkerton then moved for introduction of Ordinance INTRODUCED No. 1281 - "An Ordinance Amending Lodi City Code Chapter 15 - Miscellaneous Offenses Article II - Trespass and Loitering" thereby amending the City Code to comply with new legislation regarding the removal of unattended vehicles from private property. The motion was seconded by Councilman Snider and -6- carried by unanimous vote of the Council Members present. y 1i' a Y ♦ if .{ Y� f �• t1 4 b y ,c � fy m .ccr �s a k kc� •-y F > � c .••-' p y;'20. Y '{' _ � t F ,� b' #ht`'! , • `� e �'a�.,n �:tea t {rt ° � .� J j'. t ;�; C . , � ,r��•: � �� iti �`"•.ilS.r7•i'� �'`,Q s,4,; �. -� '> 'i" ai, �� { • tx�'�, 11 � �. � t u'' j � � � F• b a . 10, 47, . v�3 �, } t5 l A KIS •.�.. ry. re � 'iMti�k -,.'9ti ? eco ° - Y, t itc*-•' �.-f,� a$ is Yf 4 ° '�',� {.'i>_� �� •.'��.., .: - rift ��"rA�� " �t'j�.a�? ,.. Styr z J+J a �7}t 4� a , A", M ti --- COUNCIL, COMMUNICATION TO THE CITY COUNCILilATE _ NO. FROM THE CITY MANAGER'S OFFICE January 11, 1983 NEW LEGISLATION RE THE REMOVAL OF UNATTENDED VEHICLES FROM PRIVATE: PROPERTY Under existing law, an unattended vehicle may be removed from private property by the owner of the property. Prior to causing removal ci the vehicle, a sign is required to have been posted on the property prohibiting public parking and containing the telephone number of the local law enforcement agency. The Vehicle Code has been amended to require that in addition, the sign be of such size as required by ordinance, be displaye-c at all ances to the private property, and indicate that veli cl(- will be removed at the vehicle owner's dense. This new legislation also provides that when there has been a failure to post a sign on said private property, an owner who causes the ramoval of a vehicle would be liable for any storage or towing charges. tinder the provisions of this new legislation, it is necessary that the Council adopt an ordinance amending Chapter 15, Article II of the Lodi municipal Code to reflect the new statute relating to the removal of unattended motor vehicles from private property. RONALD M. STEIN CITY ATTORNEY RMS: VC E 71 ORDINANCE NO. AN ORDINANCE AMENDING LODI CITY CODE CHAPTER 15 -MISCELLANEOUS OFFENSES, ARTICLE II -TRESPASS AND LOITERING Be it Ordai:ied by the Lodi City Council as follows: SECTION 1. Lodi City Code Chapter 15 -Miscellaneous Offenses, Article II -Trespass and Loitering is hereby amended to read as follows: A. The title :,f Article II is hereby amended to read as follows: "ARTICLE II. Trespass and Loitering; Stopping, Standing or Parking." B. Sec. 15 -20 -Definitions, is hereby amended to read as follows: "For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Posted Property. Any property specified in Section 15-21 which is posted in the manner provided in Section 15-22. Sign. A board, placard or card not less than one square foot in area and upon which, in lettering not -1- C less than two inches in height, appear the words "Stopping, Standing or Parking Vehicles Prohibited by Law. Vehicles Will be P.emoved at Owner's Expense. LPD Ph. (telephone no.) as to "Stopping, Standing or Parking"; or upon which appear the words "Tresspassing- Loitering Forbidden by Law", and any time limit that may be specified thereon, as to "Trespassing -Loitering." C. Section 15 -21 -Property subject to posting, is amended to read as follows: "Any property within the city may be posted against stopping, standing or parking vehicles on posted property and/or may be posted against trespassing and loitering in the manner provided in Section 5-22, and thereby become posted property subject to the provisions of this article. The provisions hereof shall not apply to the following property: (1) An established and existing right-of-way for for public road purposes. (2) Any property which comes within the provisions of Section 554 of the Penal Code of the State." D. Section 15 -22 -Method of Posting, is hereby amended to read as follows: -2- R49' "Property may be posted against trespassing and loitering and/or stopping, standing or parking vehicles on posted property in the following manner: (1) If the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. (2) If the property has lineal dimensions exceeding three hundred feet, by posting signs at. each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a :lefinite entrance or entrances, at each such entrance." E. Section 15 -27 -Stopping, Standing or Parking Vehicles on Posted Property is amended to read as follows: "It shall be unlawful for the operator of any vehicle to stop, stand, park or leave standing such vehicle at any time within or upon any posted property without written permission of the owner, tenant or the occupant in legal possession or control thereof. Veh4.cles parked in violation of this requirement will be removed at vehicle owner's expense." -3- .Footnote Any owner or persc.i in lawful possession of any private property causing the removal of a vehicle parked on that property, shall be liable for any storage or towing charges whenever there has been a failure to post a sign as provided for in Vehicle Code Section 22658(a).