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HomeMy WebLinkAboutAgenda Report - July 6, 2016 J-03TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM J-03 AGENDA TITLE: Ordinance No. 1924 Entitled, "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 Prohibited — Display of For Sale' Signs on Vehicles, Vessels, or Trailers — Restrictions,' in Its Entirety" MEETING DATE: July 6, 2016 PREPARED BY: City Clerk RECOMMENDED ACTION' BACKGROUND INFORMATION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1924. Ordinance No. 1924 entitled, "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 Prohibited — Display of 'For Sale' Signs on Vehicles, Vessels, or Trailers - Restrictions,' in Its Entirety" was introduced at the regular City Council meeting of June 15, 2016. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/PMF Attachment nnifer . Ferraiolo ity Clerk APPROVED: tephen Sch b r, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance3.DOC ORDINANCE 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 PROHIBITED—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. It 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. It 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. It 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. It 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. It 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 Mandatory Duty 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 mandatory 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 otherwise imposed by law. SECTION 3. Severability. If 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. SECTION 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. In 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(c)(1). ATTEST: NNIFE City Clerk ill . ,.,1,,,,,,,,,,e„, FERRAIOLO State of California County of San Joaquin, ss. Approved this 6th day of July, 2016 y,tout„,4 MARK CHANDLER Mayor I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1924 was introduced at a regular meeting of the City Council of the City of Lodi held June 15, 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. NNIF:' M. FERRAIOLO City Clef- Approved as to Form: JANICE D. MAGDICH City Attorney Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1922, 1923, & 1924 PUBLISH DATE: SATURDAY, JUNE 18, 2016 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JUNE 16, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at q G ag (time) on LNS _ Phoned to confirm receipt of all pages at (time) _J (date) (pages) ES (Initials) N: \Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1922 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE — BY REPEALING AND RE-ENACTING CHAPTER 17.34, "SIGNS," IN ITS ENTIRETY. The purpose of this ordinance is to bring regulation of all temporary signage under the City development code. Introduced June 15, 2016. Adoption to be considered July 6, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1923 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE — BY REPEALING CHAPTER 9.19, "POLITICAL SIGN REGULATIONS," IN ITS ENTIRETY. The purpose of this ordinance is to repeal political signage regulations in order to bring regulation of all temporary signage under the City development code. Introduced June 15, 2016. Adoption to be considered July 6, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE 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 PROHIBITED — DISPLAY OF 'FOR SALE' SIGNS ON VEHICLES, VESSELS, OR TRAILERS — RESTRICTIONS," IN ITS ENTIRETY. The purpose of this ordinance is to eliminate reference to signage and make it unlawful to park a vehicle, vessel, or trailer upon any public street, right-of- way, or public property, with limited exceptions, for the purpose of sale. Introduced June 15, 2016. Adoption to be considered July 6, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi June 15, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE 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 PROHIBITED — DISPLAY OF 'FOR SALE' SIGNS ON VEHICLES, VESSELS, OR TRAILERS — RESTRICTIONS," IN ITS ENTIRETY On Thursday, June 16, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1924 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 16, 2016, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost. doc • At' If ?_y� ORDINANCE 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 PROHIBITED—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. It 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. It 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. It 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. It 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. It 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 Mandatory 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 mandatory 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 otherwise imposed by law. SECTION 3. Severabilitv. If 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. SECTION 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. In 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(c)(1). Approved this day of , 2016 MARK CHANDLER ATTEST: Mayor JENNIFER M. 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 regular meeting of the City Council of the City of Lodi held June 15, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 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. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1922 THROUGH 1926 PUBLISH DATE: SATURDAY, JULY 9, 2016 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: ORDERED BY: JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 THURSDAY, JULY 7, 2016 JENNIFER M. FERRAIOLO CITY CLERK ELA M.• RRIS PUTY Cl CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at (time) on _ (date) (pages) LNS Phoned to confirm receipt of all pages at (time) PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1922 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 — DEVELOPMENT CODE — BY REPEALING AND RE-ENACTING CHAPTER 17.34, "SIGNS," IN ITS ENTIRETY. The purpose of this ordinance is to bring regulation of all temporary signage under the City development code. Introduced June 15, 2016. Adopted July 6, 2016, and effective August 5, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1923 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS, AND WELFARE — BY REPEALING CHAPTER 9.19, "POLITICAL SIGN REGULATIONS," IN ITS ENTIRETY. The purpose of this ordinance is to repeal political signage regulations in order to bring regulation of all temporary signage under the City development code. Introduced June 15, 2016. Adopted July 6, 2016, and effective August 5, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE 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 PROHIBITED — DISPLAY OF 'FOR SALE' SIGNS ON VEHICLES, VESSELS, OR TRAILERS — RESTRICTIONS," IN ITS ENTIRETY. The purpose of this ordinance is to eliminate reference to signage and make it unlawful to park a vehicle, vessel, or trailer upon any public street, right-of- way, or public property, with limited exceptions, for the purpose of sale. Introduced June 15, 2016. Adopted July 6, 2016, and effective August 5, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1925 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — BY ADDING CHAPTER 3.30, "SPECIAL TRANSACTION AND USE TAX FOR PARKS REPAIRS, MAINTENANCE, IMPROVEMENTS, AND UPGRADES," IMPOSING A SPECIAL ONE-EIGHTH CENT PER DOLLAR (0.125%) TRANSACTIONS AND USE TAX FOR PARK REPAIRS, MAINTENANCE, IMPROVEMENTS, AND UPGRADES TO BE COLLECTED AND ADMINISTERED BY THE STATE BOARD OF EQUALIZATION SUBJECT TO VOTER APPROVAL. The purpose of this ordinance is to place a one-eighth cent per dollar (0.125%) sales tax measure to rehabilitate the City's aging parks infrastructure on the November 8, 2016 general election ballot. Introduced July 6, 2016. Adoption to be considered July 20, 2016. AYES: Johnson, Kuehne, Mounce, and Mayor Chandler; NOES: Nakanishi; ABSENT: None. ORDINANCE NO. 1926 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE 3 — REVENUE AND FINANCE — BY ADDING CHAPTER 3.40, "SPECIAL TRANSACTION AND USE TAX FOR PUBLIC SAFETY," IMPOSING A SPECIAL ONE-QUARTER CENT PER DOLLAR (0.25%) TRANSACTIONS AND USE TAX TO INCREASE STAFFING FOR POLICE AND FIRE AND ENHANCE TRAINING FOR PUBLIC SAFETY PERSONNEL, TO BE COLLECTED AND ADMINISTERED BY THE STATE BOARD OF EQUALIZATION SUBJECT TO VOTER APPROVAL. The purpose of this ordinance is to place a one-quarter cent per dollar (0.25%) sales tax measure to increase Police and Fire staffing, return Engine No. 1 to service, and enhance training of public safety personnel on the November 8, 2016 general election ballot. Introduced July 6, 2016. Adoption to be considered July 20, 2016. AYES: Johnson, Kuehne, Mounce, and Mayor Chandler; NOES: Nakanishi; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi July 6, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE 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 PROHIBITED — DISPLAY OF 'FOR SALE' SIGNS ON VEHICLES, VESSELS, OR TRAILERS — RESTRICTIONS," IN ITS ENTIRETY On Thursday, July 7, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1924 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 7, 2016, at Lodi, California. 0 Yl.a_2.4AA ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK vela M. Varris Elizabeth Burgos Deputy City Clerk Administrative Clerk ord summaries\aaDecPost. d oc ORDINANCE 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 PROHIBITED—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. It 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. It 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. It 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. It 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. It 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 Mandatory Duty 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 mandatory 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 otherwise imposed by law. SECTION 3. Severability. If 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. SECTION 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. In 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(c)(1). Approved this 6th day of July, 2016 MARK CHANDLER ATTEST: Mayor JENNIFER M. 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 regular meeting of the City Council of the City of Lodi held June 15, 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. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney