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HomeMy WebLinkAboutAgenda Report - March 19, 1986 (89)CITY COUNCIL MEEPING MkRCH 19, 1986 ORDINANCE IITI'RODUCID AMEMING TITLE 9, MAPTER 9.08 ORD. NO. 1379 IN'IRODUCM Council introduced Ordinance No. 1379 entitled, "An Ordinance of the Lodi City Council Amending Section CC-48 (a) 9.081.080 - Subsection B of the Lodi Municipal Code as it Pertains to the Size of Signs Posted Prohibiting Trespassing and Loitering" to bring the code into conformance with the requirements of the State of California Vehicle Code as it pertains to the size of signs. COrONCIL CQ,MMUNIC TI©N TO- THE CITY COUNCIL DATE NO. FROM: THE CITY MANAGER'S OFFICE March 11, 1986 avts.'tt': mu 3 TO TITLE 9, ampm 9.08, SECTION 9.08.080 PAPKING OF VEHICLE ON PRIVATE PROPERTY Pursuant to California Vehicle Code 22658, Lodi City Code, Section 9.08.080, pertaining to signs used to give notice of Trespassing and Loitering must be amended to require signs to be the size of 11"x12" rather than present square foot (12"x12"). It is recrnmended that you amend Section 9.08.080 to conform to the requirement of the Vehicle Code. RaiAID M. STEIN CITY ATMR E'Y ORDINANCE NO. ORDINANCE OF THE LOCI CITY COUNCIL AMENDING SECTION 9.08.080 - SUBSECTION B OF THE LODI MUNICIPAL CODE AS IT PERTAINS TO THE SIZE OF SIGNS POSTED PROHIBITING TRESPASSING AND WITERING BE IT ORDAINED BY THE NODI CITY COUNCIL SECTION 1. Chapter 9.08.080 entitled Trespassing and Loitering - Definitions, Subsection B, is hereby amended to read as follows: 9.08.080 Definitions B. "Sign" means a board, placard or card not less than 17 x 22 inches in size with lettering not less than one inch in height, appear the words "Stopping, Standing or Parking Vehicles Prohibited by Law. Vehicles Will Be Removed at Owner's Expense. LPD Phone (209) 333-6727" as to stopping, standing or parking, or upon which appear the words, "Trespassing -Loitering Forbidden by Law", and any time Limit that may be specified thereon, as to trespassing - loitering. SE)CPION 2. All ordinances and parts of ordinances in oonflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News 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 1986 MAYOR Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I 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 March 19, 1986 and was thereafter passed, adopted and ordered to print 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. ed as to Fbnn plx A M. STEIN City Attorney ALICE M. R J14CM City Clerk On LODI POLICE DEPARTMENT Re%" S Do. -3-3-96 CRI Ta Z?� S'TE.-I From: 166v ✓ Ybd 65-r A slw/fE Aa 1 -?ASO -154F I 40!r-uM9%rVMl ' oy Tito .sit WAY //WlitWtT Lodi MWOW 7.�1��" �i4Y � A / assoraroE LAtt> � /F Y&J f�i�.i� A.vy �y.�2ii✓E.� sr�✓ �46o�or ��- .S,Ezrray..�,,�v Cin/ �'�9L1 TMJE 5nWAf e LeA XACAc I,KyT 9/6 - Z32- Z77Z UVFORMWS �• 4 .. FEBRUARY 1980 series 1 Bulletin E.0)Z On January 1, 1986 section 11550a of the Health and Safety Code was expanded to cover persons under the influence of Methamphetamine. Recently there have been several instances where persons under the influence of Methamphetamine charged with 647f PC (drugs) rather than 11550a H&S. The District Attorney's Office has dropped charges in these cases. To be arrested for being under the influence of ifethamphotamine a suspect does not have to be "unable to care for the safety of him- self or others'', they simply have to be under the influence. The suspect does, however, have to be examined by an officer qualified to conduct influence examinations (the same as Heroin influence cases). Without this examination the District Attorney's Office will not file a complaint. 11550a H&S covers person.3 under the influence of Heroin, Cocaine$, and Methamphetamine. 11550b H&S covers persons under the influence of PCP and both sections carry a mandatory jail sentence of 90 and 30 days. § 11550. Unlawful acts; exception; burden of defense; punishment; probation -(a) No person shall use, or be under the influence of any controlled s-ibstance which is (1) specified in subdivi- sion (b), (c), or (e) of Section 11054, specified in paragraph (14). (15), or (20) of subdivision (d) of section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) of Section 11055, or (2) a narcotic drug classified in Schedul; III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. Any person convicted of violating I ny provision of this subdivision is guilty of a misde- meanor and shall be sentenced to serve a term of not less than 90 days or more than one year in the county jail. The court may place a person convicted under this subdivision on probation for a period not to exceed Ory years and shall in all cases in which probation is grant d require as a condition thereof that such person be confined in the county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in the county jail. (1� (b) No person shall use, or be under the i:,tluence of, any controlled substance which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or. in paragraph (3) of subdivision (e) of Section 11055, except when administered by or under the direction of a' person licensed by the state to dispense, prescribe, or administer controlled substances. It shall bethe burden' of the defense to show that it comes within the exception. Any person convicted of violating any provision of this', subdivision is guilty of a misdemeanor and shalt be sentenced to serve a term of not less than 30 days nor; more than one year in the county jail. The court may' place a person convicted under this subdivision on : probation for a period not to exceed five years and shall in all cases in which probation is granted require as a; condition thereof that the person be confined in the I county jai! for at least 30 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 30 days in confinement in the county jail. (Added by; Stats 1972, c. 1407, § 3. Amended by Stats 1973, a 1078 § 17. Stats1975 c 248, § 8. Stats1981, c 948, § 1; Srars 1983, c. 790, § 13; Stars 1984, c. 1635, § 74; Stats.1985, c. 3, § 14,7 Stats 1985, a 1377, § 3.) Assembly Bill number 1205 was signed on Gztober 1, 1985 by Governor Deukmejian and will become law on January 1, 1986. This bill amends Section 22658 and adds Section 22953 to the California Vehicle Code, pertaining, to vehicle towing and storage. F..xistin„ law allows For tl:- removal of unauthorized paced from privar_ property if t?:e property is posted with sic -is (at each ^;zCranCe) to restrict puolic parking, or if the property is improved with a single family dwelling. The property owner or the property owner's agent Faust immadiately notify the proper law enforcement agency and the vehicle's registered and legal owners about the removal of the vehicle, the grounds for the removal, and the location of the vehicle. The tow operator who removed the vehicle is not responsible for the validity of the removal. The new law will: Require that signs which restrict parking be not less than 17 x 22 inches in size with lettering not less than one inch in height. The signs may also indicate that a citation may be issued fcr the parking violation. (22658 VC) I Limit the charge that a towing company may impose for initiation of towing of a vehicle to $20, if the vehicle owner returns to the vehicle before it is removed f from the private property. (22658 VC) i Prohibit the owners of private property which is open to the public for parking, at no fee, from towing a vehicle away within one hour after being parked, except: if parked in specified locations. 62953 VC) �. Require the operator in charge of the facility where vehicles are stored to accept valid bank credit cards or cash and to have sufficient money on the premises to accommodate a reasonable money transaction. (22658 VC) i Make the private property owner or the person who causes the removal of the vehicle liable for double the storage or towing charges if property posting and waiting period are not met. (22658 JC) Make towing companies who charge excessive fees (higher than a contract for comparable services between a tow company and a law enforcement agency) liable to the vehicle owner for four times the amount charged. (22658 VC) i 1 Make towing companies liable for damages to a vehicle while being towed or in storage and for the removal of a wrong vehicle. (22658 VC) 1 t V Q tz) 0 9.08.020 cards to posts or buildings by or with the of the city is guilty of a misdemeanor. consent of the owners or persons in (Prior code § 15-9) charge of the same. or the sweeping or removing of the same into any street, 9.08.060 Electrical interference— alley, sidewalk or place by any person Unlawful. who did not place or procure the placing It is unlawful for any person know - of such bills and similar matter in such ingly or wantonly to operate or cause to places. (Prior code § 15-2) be operated any machine, device, appa- ratus or instrument of any kind what - 9.08.030 Vandalism—Buildings and ever, within the city, the operation of improvements. which causes reasonably preventable Every person who wilfully or mall- electrical interference with radio or tele- ciously breaks or destroys any window, vision reception within the city limits. window sash, door, blinds or pane of (Prior code § 9-42) glass of any house or outhouse in the city, or commits any nuisance therein or 9.08.070 Electrical interference— breaks or destroys or injures any thing Exceptions. therein, or any part of such house, out- Section 9.08-060 shall not be held or house or any fence or improvement, is construed to embrace or cover :he regula- guilty of a misdemeanor. (Prior code § tion of any transmitting, broadcasting or 15-4) receiving instrument, apparatus or com- device used or useful in interstate com- merce, or the operation of which instru- 9.08.040 Vandalism—Public ment, apparatus or device is licensed by property. ' any act of Congress of the United States. Any person who cuts, breaks, defaces (Prior code § 9-43) or injures any grassplot, shrubs, flowers, bench, chair, outhouse, building or Article IL Trespassing and Loitering fence, or who cuts or mutilates any trees otherwise than as provided by an ordi- 9.08.080 Definitions. nance of the city, or by written permit For the purposes of this article, the and under the supervision of the city following words and phrases shall have engineer, or any fixtures upon any street. the meanings respectively ascribed to public walk or other public place of the them by this section: city, is guilty of a misdemeanor. (Prior A. "Posted property" means any code § 15-15) property specified in Section 9.08.090 which is posted in the mtknner provided 9.08.050 Vandalism—Public notices in Section 9.08.100. or monuments. B. "Sign" means a board. placard or Any person who destroys, injures or card not less than one square foot in area removes any flare, sign, notice or monu- and upon which. in lettering not less than ment erected or placed by any employee two inches in height. appear the words 147 0 9.08.080 "Stopping. Standing or Parking Vehicles Prohibited by Law. Vehicles Will Be Removed at Owner's Expense. LPD Phone (209) 333-6727" as to stopping, standing or parking, or upon which appear the words "Trespassing -Loitering Forbidden by Law,' and any time limit that may be specified thereon, as to tres- passing -loitering. (Ord. 1337 § 1. 1984: prior code § 15-20) 9.08.090 Posting—Where permitted. Any property within the city may be posited against stopping, standing or parking vehicles on posted property and/ or may be posted against trespassing and loitering in the manner provided in Sec- tion 9.08.100, and thereby become post --d property subject to the provisions of this article. The provisions of this sec- tion shall not apply to the following prop- erty: A. An established and existing right- of-way for public road purposes; B. Any property which comes within the provisions ofSection 554 of the Penal Code. ( Prior code § 15-21) posting signs at each corner of the area and at intervals not exceeding two hun- dred feet and, if such property has a defi- nite entrance or entrances, at each such entrance. (Prior code § I5-22) 9.08.110 Prohibited where posted. It is unlawful for any person to enter or remain on any posted property without the written permission of the owners, tenant or the occupant in legal possession or control thereof. (Prior code § 15-23) 9.08.120 Peace officers and public employees exempted. The provisions of this article shall not apply to the entry upon posted property in the course of duty of any peace officer or other duly authorized public employee. (Prior code § 15-24) 9.08.130 Union activities exempted. The provisions of this article shall not apply to any lawful activity by which the public is informed of the existence of an alleged labordispute. (Priorcode § 15-25) 9.08.140 Destruction of signs. 9.08. 100 Posting—Method. It is unlawful for any person without Property may be posted against tres- authority to tear down, deface or destroy passing and loitering and/or stopping, any sign posted pursuant to this article. stand; ng or parking vehicles on posted (Prior code § 15-26) property in the following manner. A. if the property does not contain 9.08.150 Vehicles. any lineal dimension exceeding three It is unlawful for the operator of any hundred feet, by posting signs at each vehicle to stop, stand, park or leave corner of the area and at intervals not standing such vehicle at any time within exceeding one hundred feet and, if such or upon any posted property without property has a definite entrance or written permission of the owner, tenant entrances, at each such entrance. or the occupant in legal possession or B. If the property has lineal dimen- control thereof. Vehicles parked in vio- sions exceeding three hundred feet, by lation of this requirement will be C c 148 e