HomeMy WebLinkAboutOrdinances - No. 1924ORDINANCE NO. 1924
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE
CHAPTER 10.44 _ STOPPING, STANDING AND
PARKING - BY REPEALING AND RE-ENACTING
SECTION 10.44.040, 'PARKING FOR CERTAIN
PURPOSES PROHIB¡TED_DISPLAY OF'FOR
SALE'SIGNS ON VEHICLES, VESSELS, OR
TRAILERS-RESTRICTIONS' IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS
SECTION 1 Lodi Municipal Code Chapter 10.44 - Stopping, Standing and Parking - is
hereby amended by repealing and reenacting Section 10.44.040, "Parking for Certain Purposes
Prohibited-Display of 'For Sale' Signs on Vehicles, Vessels or Trailers-Restrictions," in its
entirety, and shall read as follows:
10.44.040 Parking any Vehicle, Vessel, or Trailer for Purpose of Sale Prohibited-
Restrictions.
The city council finds and declares that the display of vehicles, vessels, or trailers for sale on
public streets, right-of-ways, and public property causes a hazardous distraction for drivers and
pedestrians and is therefore a nuisance.
A. lt is unlawful to park upon any public street, right-of-way or public property any vehicle,
vessel, or trailer for the principal purpose of displaying such vehicle, vessel, or trailer for sale.
The provisions of this subsection shall not apply to vehicles parked for sale at the
residence of the owner of said vehicle and the public streets immediately adjacent thereto.
B. lt is unlawful for any person or firm to have parked contemporaneously on the public
streets or rights-of-way anywhere within the city, three or more vehicles, vessels, or trailers for
the principal purpose of displaying such vehicles, vessels, or trailers for sale.
C. Notwithstanding subsection A of this section, it is unlawful to park upon any public street,
right-of-way or public place within two hundred feet of any signalized intersection or all-way stop
controlled intersection or within seventy-five feet of any other intersection, any vehicle, vessel or
trailer for sale. The city council finds and declares that vehicles, vessels or trailers parked within
the stated distances of an intersection constitute a traffic hazard by distracting the attention of
passing motorists and pedestrians away from other traffic moving through and about such
intersections.
D. lt is unlawful for any person or firm, upon property belonging to another, to park or
display within thirty feet of the adjacent public street or right-of-way, as 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 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 licensed for the sale, repair, or storage of such
vehicles, vessels, or trailers.
E. lt is 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. lt is unlawful to park any vehicle, vessel, or trailer upon any public street or right-of-way
for the purpose of washing or polishing such vehicle, vessel, or trailer or any part thereof when a
charge is made for such service.
SECTION 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mañdatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as othenruise imposed by law.
SECTION 3. Severabilitv. lf any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTI ON 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. ln lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(cX1).
Approved this 6th day of July, 2016
ATTEST
MARK CHANDLER
Mayor
ln f/.^Ld
NNIF FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1924
was introduced at a regulai meeting of the City Council of the City of Lodi held June I 5,2016,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held July 6, 2016, by the following vote:
AyES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1924 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
N M.
¡nü-uvt¡4
FERRAIOLO
City Cl
as to Form
D. MAGD¡CH
City Attorney