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HomeMy WebLinkAboutAgenda Report - May 13, 1986TO: THE CITY COUNCIL DATE NO. FROM. THE CITY MANAGER'S OFFICE MAY 13, 1986 SUBJECT: ORDMMCE REGARDING PARKING OF VEHICLES ON STREETS AMID MADMYS WITH "FOR SATE" SIGM CN = LIC S]=QN 10-20-070- Attached hereto is a copy of a proposed ordinance regarding displaying vehicles for sale upon any street, public right of way or public property which was introduced at the 3/19/86 City Council meeting. Said ordinance was amended to indicate no displaying on "any street, public right of way or public property" rather than merely reading on "any roadway Attached hereto are also a number of various other cities' ordinances , which deal with this problem. Fbr example, in the City of Stockton, they have a very similar ordinance; however, they do permit parking in front of one's residence for vehicle sales. The only concern of that type of ordinance would be the requirement of the Police Department to determine if the vehicle is in fact actually awned by the persons in front of whose home it is parked. Perhaps the onus could be placed upon the preperty owner to call the Police Deparment if such were the case. M. STEIN 2 CITY ATTORNEY FMS:vc attachments ORDINANCE NO. 1381 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING SECTION 10.20.070 OF THE IMI MUNICIPAL CoDE TO SUBSTMJTE THE WORD "STREET" :oR THE WORD "RQADWAY" AS IT PERMXIlJS TO THE PARKING OF VEHICLES FOR DISPLAY OR REPAIR SEMON 1. Section 10.20.070 of the Lodi Municipal Code as it pertains to parking for display yr repair, is hereby amended to read as follows: 10.20.070 Parking for display or repair No person shall park a vehicle upon .-.;,y street, public right of way or public property for the principal purpose of: A. Displaying such vehicle for sale; B. Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. SECTICN 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.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 frau and after its passage and approval. Approved this day of , 1986 Fred M. Reid Mayor Attest: ALICE M. REIMCHE 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. 1381 was introduced at a regular meeting of the City Council of the City of Lodi held March 19, 1986 and was thereafter passed, adopted andordered to print at a regular meeting of said Council held , 1986 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1381 was approved and signed by the Mayor on the daze of its passage and the same has been published pursuant to law. ALICE M. REIMCHE City Clerk Approved as to Form RONAM M. STEIN City Attorney L2esr Mor. 21 Is. in ow case, olhino suns N ORO^NCE NO.0/O4IC1 an vehicles parked era SALE .not AN ORDINANCE AMENDING not be more than 10' by tr and PART % CHAPTER 10 OF THE 0011 (dude the Imre, ad . sora aria STOCKTON MUIOCPAL. CODE teleptuar amber M tine 1dw. EY AMENDING SECTIONS to. c. The Provbkns of this secfbn 011.4 1►017A 1"17A, 10017.7 shall net apply to was parked AND 1041LS AND BY ADDING an the pivots property of o duly SECTION 10017.15 RELATING ou"Whed and Soweed vehids TO PARKING AND ADVERT*- deahr to pwnitsed erewhwe In NO VII)SCLE.S FOR SALS: it" Code. SECTION N. AMENDMENT OF M R oraeed by Ms City Council CODE M the Clty of Stow 1 OmWkr 14 Section W SECTION L AMENDMENt OF 0177.7 of 1M Stockton Municipal CODE Code Is hereby annwdW and shat Part 1, Cuter 1% Section la- _ read a*foeowc 011A of tint Stoclden Municipal SEC 10017.7. DOOB®BNCE TO Code Y hereby amended and shot ' EMERGENCY PARKING SIGNS read on blow Wlwuver the Cfly Traffic Env& SEC. I"I lA. TEMPORARY neer or t71Y Ponce Dom I- v! Its EMEltGENCY SMNING, detaw"nffed that an ennerawrY Wherever the CAY Traffic: End• trotllc etkstion or mioestlon N neer or CRY Paeoe DeOarti ent stain, f0 resnlr lion each a con- shol detaniir tial an emergency struction been; performed cyan a traffic dpstbn Is silly to result public serval, oeev or way, or Is I orn noun or construction bso the Iwllrt0 at pkbta or prt ate pa forne4 or barn ter b41+bs0 of assemblopes, poltenlrIOs or ftnc- ptbtc or arkafe awemblapes, floe, ar far QIlW reasons, 0 and gallm a _ or l nclsom or for abler be veasdul for anyone to stop, reasons. the Ohs Traffic Engineer pat. lows, stmdrno or operons or CRY Patna Desso fie sed std any Vehicle In, the area wherever have power aid anidlnor"y b arae lite City Traffic E ebmwr or City No ima v fiats to be -nosed or Potp DePahnent has erected or POeted 10 eeoklete fns auction of passed 001000ry Borns or bar. In vMidla such slur duo venom In as per section 10011A of the place all do" the esMence of Stainton MuddVWCoda _ !tilt SEIM Glancy ad fle Ctiy Tref. SECTION v. AIISENomENr OF ft Entbmr or CRY PoSOe Depart. CODE. mwA Nd case Such Sias to be Sectbn 100tt iS Is hereby added . rorn0vedprarofM thersaffer, to No Stockton Mtetcbod Code and SECTION L AMENDMENT OF aBa/read Inbss,rkfsWvonlotowc cam SEC. 1"173L ItEPAlt OF Part 0, Ctrnhr lk Seclkn 10• CLESPROMMIEDONROADWA* 017.5 of Rr Sfoedon fheiolad No person tyd park or came to cede Is ierebr amended aid tuts be parked, any vehicle wan any • rwdts k5owc roadway for 110 pwvow of repok, SEC. IL017.L NO PARKING 0V such velkle e, , C' npkirs AREA recesshoNdbyms ergeny. R dot be v+bwk/ far the opera- SECTION VL AMENDMENT T OF for of any vehicle to stop stand, COOS park or' - sI=Nh such vetide Part % Chapter 1% Section 10- atartyOreIll dryarea eskbW 0153 of 00 Wocktan Muicipc br 0s, ply Manager as o no paIL- Code Is twebr arrw and std ku0 are% when such area N Yd• rowfolowu Ca1W by o00ro0rkd t shpu or by SE.1 PARKING NOT TO red Pal Pak*won the b wfon. bub 0057C TRAFFIC WOW own stsoll Inclu* but not No person _ stand or iMNOfO,Orfolowh plops: Park a vetnlde Vat dry stnN or WINi 21 feel of o crowwatk at clay where tin Width of Its road.. * Flu ectim W"hh M toot wan wan, Y IVs Most 20 feet; nor and Z Rhe aypnoa. to arM flaslm'O beo- aW pwa41n pork any veli le cyan a 0061.1114101bn or traffic cold. slon street or n»Y In Such o n wyer or I41o, , I of *s, side of o roadway; WON skis , , - -, a as 10 Na,,* 114 feet d tens low Id rf • ble I— f wkM rood aosY+q teat of o raw a of VVW reodway � M dRwwgrsp0n err secs at o street amWIFNIMside a nrnernt of vsfiolor trdflt: nor ofd . the roadway N OW vehlcls� or Rya ��" left IP 300"t.at , Mwetq i /Npaw 4w ardy. ocfand 70 feel or � cin nsarkWorflornedaso, Is „dot 0nldal, bun �a p bsease, where add ,*I NPC %" SECTION R AMENDMENT OF SI CIMVLEFFECTNEDATE CODE This shoe bsco" aSection d OVA 11r effecilvo �) �rifranIwWPON of Ssw*sn MtNci • Coll N hereby repealed in ft W 10.' 017AA W"ra des faiewc TTt N 10 c py* pdhoricy SEC. 1"17., PROHIBITED No, 01086CS, was passed to pko ADVETtT*SNGON VEmKX& Courl or the atv of .No person snal Park or phent. S�eC Ow Inh day at mard�, Vat noddy IV, city om 1N4by the f41bwl'nO VOfee city sidewalk or any able arca Ams Darner, arty are venose or von" dhpfoy- Clayton, Lone, Linnerm0n Ina any sign pre, hanpaency, MoGaholey. Otvq V100 Moya' advortisement or ms,choalcal Code old MovorFan . device for am purpose at odverth. Nosh '!� nomber Wlita a b romp to any person AlsentStoMtorl, *0 *01 *0 too pot such valids or vessM Chi„ March ft. efts N to be Sold, termed or Noses nor FRANCES HONG shat aW Person Pott or P' upon CNv Clerk of the CRY of stocclon mfr ro0ftPW, C" easement, CRY .1lOewdk or Public property, or prt- m IV a� �Wl I41r fle voftWP Of WPM d aa.na the ant h k a fle ow+ra plata to all ixa.ets tc6h, date D% OrditlDnce APR 2 4198E or ro pnynPd'eNs belna Bald, rented, rot0e4, a tllvon.aw0v by offer Mph 0 ctnarfleae or nor► as goraa lane s The Pr vbiors of flit sectlon •hd not asriy to vehiws parked FOR SALE on lite pAvah property • of the owner of said vehicle and the ' porta streets hyrsd oety odooerm LEAGUE OF CAM CITIES kms` ' 1 14(* X Street ' Sacramento,Cal onua 9SS14_ _ TURN IN 2 WEEKS PLEASE - - ® Jam' ,E ', ORDINANCE NO. 172 9 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.060 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DISPLAY OF VEHICLES FOR SALE 7 The City Council of the City of Newport Beach DOES t_! ORDAIN as follows: SECTION 1. Section 12.40.060 of the New s �f port Beach f ,y Municipal Code is amended to read as follows: "12.40.060 Parking for Certain Purposes Prohibited. No person shall park a vehicle: (a) Upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle thereon for sale, hire or rental, unless the property is duly licensed and zoned by the City to transact that type of business at that location. (b) Subsection (a) of this Section shall not prohibit persons from parking vehicles on private residential property belonging to the owner of the vehicle nor on the public street immediately adjacent to said private residential property- (c) roperty(c) Upon any roadway for the principal purpose of painting, greasing -or repairing vehicle or property thereon except repairs necessitated by an emergency. (d) Upon any rcadway for the principal purpose of washing or polishing such vehicle or any part thereof --- ! when a charge is made for such service." SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting rs. of the City Council of the City of Newport Beach held on the RSjKLG/k-11=30=77 ORDINANCE NO. NS -1402 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 41-613.1 PROHIBITING DISPLAY OF VEHICLES, VESSELS, AND OTHER PERSONAL PROPERTY FOR SALE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That the Santa Ana Municipal Code is hereby ` amended by adding a section, to be numbered S41-613.1, which ,1 said section reads as follows: �. Sec. 41-613.1 Prohibition of display of vehicles, vessels, and other personal property }},�1 for sale. (a) No person shall park or place a vehicle or vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, vessel, or other personal property thereon for sale, t. hire or rental, unless said property is properly zoned by the a r city for such purpose, and the vendor is duly licensed to transact such business at that location, t p+ (b) Subsection (a) shall not prohibit any person from parking or placing a vehicle or vessel or other personal property on private residential property belonging to or occupied by the F M owner of such vehicle, vessel, or other personal property, for the purpose of displaying same for sale, hire or rental. 0. (c) "Vehicle" as used in this section shall mean a "vehicle" f� rA a as defined in 5670 of the California Vehicle Code, as the same t v U B at now reads or may hereafter be amended. a >- N p►Z. (d) "Vessel" as used in this section shall mean a "vessel" 01 H _ as defined in S9840(a) of the California Vehicle Code, as the same now reads or may hereafter be amended. a (e) The parking or placing of any vehicle or vessel �- or other personal property with a sign or other advertising device ' ra thereon or promixate thereto, indicating such vehicle or vessel ' or other personal property is for sale, hire or rental, shall constitute prima facie evidence that such vehicle, vessel, or Other personal property was parked or placed for the purpose of (W IN displaying same for sale, hire or rental, --•t kms': (f) A violation of this section shall constitute an infraction punishable in the same manner as provided in 936-27 of this code, as the same now reads or may hereafter be amended. ADOPTED this 16th day of January Ail 1976 by the following vote: -•r: AYES: U COUNCILMEN: Garthe, Ortiz, 3ricken, Yamamoto, Brandt, Ward NOES: COUNCILMEN: None s ABSENT: COUNCILMEN: Evans s ATTEj3kjGTNAL SIGNED BY /S/ JAMES E. N,1Rtt FLORENCE I. MALONE VICE MAYOR CLERK OF THE COUNCIL LEAGUE OF CAIJ-70.--i.?%11 . CITIES APPROVED A?; TO FORMsO 1 3U� ti :.t:;._: I0.28.030-10.28.120 10.28.030 Seventy-two consecutive hours— Prohibited. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for a con- secutive period of more than seventy-two hours. (Prior code § 16.43). 10.28.040 Seventy-two consecutive hours— Removal of vehicle. In the event a vehicle is parked or Ieft stand- ing upon a street in excess of a consecutive period of seventy-two hours in violation of Section 10.28.030, any member of the police department authorized by the chief of police may remove such vehicle from the street in the manner and subject to the requirements of the Vehicle Code of the state. (Prior code § 16.44). 10.28.050 Displaying or repairing vehicle on roadway. No person shall park a vehicle upon any road- way for the principal purpose of. A. Displaying such vehicle for sale; B. Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. (Prior code § 16.45). 10.28.060 Parallel parking. Except as otherwise provided in this chapter, parking on all streets in the city shall be parallel to the curb, whereby the right-hand wheels of any vehicle shall be within eighteen inches of the curb, which parallel parking shall be. that type of parking customarily used in the city wherein the vehicles are adjacent one to another. (Prior code § 16.46). 10.28.070 Angle parking—Markings. Whenever any provision of this code or other ordinance of this city designates and describes any street or portion thereof upon which angle parking shall be permitted, the city engineer shall mark or sign such street indicating the angle at which vehicles shall be parked. (Prior code § 16.47). 176 10.28.080 Angle parking—Method. When signs or markings are in place indicat- ing angle parking as provided by Section 10.28.070, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (Prior code § I6.48). 10.28.090 Angle parking—Permitted where. In accordance with Sections 10.28.070 and 10.28.080 and when signs or markings are in place giving notice thereof, drivers of vehicles , may stand or park a vehicle only as indicated by such marks or signs on the following streets or portions thereof: (None designated.) (Prior code § I6.49). 10.28.100 Adjacent to schools. A. The city engineer is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. B. When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shalt park a vehicle in any such designated place, (Prior code § 16.50). 10.28.110 Narrow streets. A. The city engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed'*twenty feet, or upon one side of a street as indicated by such signs or marl .ings when the width of the roadway does not exceed thirty feet. B. When official signs or markings prohibit- ing parking are erected upon narrow streets as authorized in this chapter, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Prior code § 16.51). 10.28.120 Posted dangerous areas. The city engineer shall appropriately sign or In .616.190-10.16.230 endanger life or property, when. the area is indi- cated by appropriate signs or by red paint upon the curb surface; D. In any area established by resolution of the council as a no parking area, when the area is indicated by appropriate signs or b, red paint upon the curb surface; E. Upon, along or across any railway track in such manner as to hinder; delay or obstruct the movement of any car traveling upon the track; F In any area where the parking or stopping ofany vehicle would constitute a traffic hazard or would endanger life or property; G. On any street or highway where the use of the street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the usz of the street or highway or the installation of under- ground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of the vehicle would prohibit or interfere with such use or movement; provided. that signs giving notice of the no parking are erected or placed at least twenty-four hours prior to the effective time of the no parking; H. At any place within twenty feet of a point on the curb immediately opposite the midblock end ofa safety zone, when the place is indicated by appropriate signs or by red paint upon the curb surface; I. At any place within twenty feet of a crosswalk at an intersection in any business dis- trict when the place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; J. Within twenty feet of the approach to any traffic signal, boulevard stop sign or official elec- tric flashing device. (Prior code § 3420.103) E 10.16.190 Advertising or displaying for sale. No operator of any vehicle shall park the vehi- cle upon any street in the city for the principal purpose of advertising or displaying it for sale, unless authorized by the council. (Prior code § 3420.105) 10.16.200 Parking adjacent to schools. A. The city traffic engineer is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when the parking would, in his opinion, interfere with traffic or create a hazardous situation. B. When official signs are erected prohibiting ' parking upon that side ofa street adjacent to any school property, no person shall park a vehicle in any such designated place. (Prior code § 3420.108) 10.16.210 Parking on grades. No person shall park or Ieave standing any vehicle unattended on any street when upon any grade exceeding six percent without blocking the wheels of the vehicle by turning them against the curb or by other means. (Prior code § 3420.110) 10.16.220 Parking on narrow streets. A. The city traffic engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side ofa street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet. B. When official signs or markings prohibit- ing parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Prior code § 3420.109) 10.16.230 Parkways. No person shall stop, stand or park a vehicle within any parkway. (Prior code § 3420.101) (Santa Rosa 6/84) 404 11-20.100--11-20.140 The authority to issue.and revoke permit under this section may be delegated by resolution of the city council to the police chief or city manager, provided that in that event, an appeal may be made from any decision of such person to the city council. (Prior code §15.35) 11-20.100 Parking wholly in designated space. No person shall park any vehicle, or cause, allow, permit or suffer any vehicle registered in his name or operated or controlled by him to be parked in such a position that it will not be entirely within a parking space, where such is designated by lines or markings painted upon the curb or street adjacent thereto, or within a public off-street park- ing facility. (Prior code §15.36) ' 11-20.110 Parking vehicles for sale prohibited. No person shall stand or park any vehicle on any street for the purpose of displaying such vehicle for sale by sign or otherwise. (Prior code §15.50) - 11-20.120 Parking on street for repairs washing, painting, etc. --Prohibited. No person shall stand or park any vehicle upon any street for the purpose of washing, greasing, repairing, painting or overhauling such vehicle, except repairs necessary by an emergency. (Prior code 515.51) (/ ■ (` 11-20.130 Parking --Setting brakes, etc. No person shall cause, allow, permit or suffer any vehicle registered in his name or operated or controlled by him to be parked upon any street or any public or private off-street parking facility with a perceptible grade without setting the brakes thereon and blocking the wheels of said vehicle by turning them against the curb or by other means. (Prior code §15.52) 11-20.140 Parking in alleys. No person shall cause, allow, permit or suffer any vehicle registered in his name or operated or controlled by him to be parked in any alley for any purpose other than loading or unloading freight from adjacent property. (Prior code §15.53) (Santa Rosa 6/84) 404 04 GREATER SAN.,O pp11L1 INDEPENDENT A UTO t DEALERS ASSOCIATIOM j%414F%R16�, 2 845 North Wilson Way Stockl ,&Wrt MA CITY CLERK CITY OF LODE CLINT KELLY, PRESIDENT C. Kelly Motors 730 S. Cherokee Lane Lodi, CA 85240 (209) 368-7103 JOHN PEREZ, CHAIRMAN Port City Auto Sales, Inc. 501 N. Wilson Way Stockton, CA 95205 (209) 464.4811 LONNIE CORREA. IST VICE PRESIDENT Ace Auto Sales 1397 N. Main Street Manteca, CA 95336 (209) 239.3235 CHARLES HASTINGS, 2ND VICE PRESIDENT Rishwaln and Hastings 231 E. WeW Avenue Stockton. CA 95201 (209) 948.8229 MARYLYN KELLY, SECRETARY C. Kelly Motors 730S ' 30S. Cherokee Lane Lodi, CA 95240 (209) 368-7103 SUE FIELD, TREASURER 4942 Franco Avenue Stockton, CA. 95210 (209) 931.2680. Past Presidents John rerez, 1983.1984 Ray Glover, 1981.1983 CARL R. BRAKENSIEK Executive Director BILL DORHING Director of Government Relations 1225 Eighth Street, Suite 260 Sacramento, CA 95614 (916)441.8663 Attorney of Record CHARLES HASTINGS 231 E. Weber Avenue Stockton, CA 95201 (209)948-e229 April 8 1986 TO THE LODI CITY COUNCIL: Ray Glover President of Independent Auto Dealers Association of California and Clint Kelly President of the local chapter; would like to address the City council members about curbstoning.--- Cars that are for sale at street corner's around town. This is a request to be put on the agenda for the April 16th meeting. Tha k yoS�� Clint Kelly 1 y PLEASE SEND RESPONSE TO: C. KELLY MOTORS 730 S. Cherokee Lodi CA 95240 -h 7d/ r EIR:IDM .h 04, az SINCE 1957, INDEPENDENT AUTO DEALERS WORKING TOGETHER TO BETTER THE INDUSTRY