HomeMy WebLinkAbout76-40 Regulate Parking Certain Vehicles1
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ORDINANCE NO. 76-4/0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING CERTAIN
SECTIONS OF TITLE 10 OF THE COSTA MESA
MUNICIPAL CODE REGULATING THE PARKING OF
CERTAIN VEHICLES ON MUNICIPAL STREETS.
THE CITY COUNCIL OF,THE CITY OF COSTA MESA, CALIFORNIA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION l: The City Council of the City of Costa Mesa,
California, does hereby find and declare as follows:
WHEREAS, parking space upon streets within the City of
Costa Mesa exists for the use of all members of the public in
making the temporary use of same for parking purposes; and
WHEREAS, vehicle storage presently being conducted upon
City streets has caused an unreasonable use of said space
inconsistent with the purposes for which said space was provided;
and
WHEREAS, the presence of extraordinarily heavy private
vehicles stored for unreasonable lengths of time upon City streets
creates additional problems of inordinant wear to roadway surfaces,
reduced visibility for the safe ingress and egress to and from
adjoining private properties and City streets, constriction of
useable roadway and potential legal liability which is greater
than if the parking space were used by smaller vehicles; and
WHEREAS, the presence of non -motorized vehicles including,
but not limited to house trailers, boat trailers, or other types
of detached trailers stored for unreasonable lengths of time upon
City streets creates problems of traffic law enforcement, addi-
tional clean-up of said streets, and inability of the public to
use parking space for the purposes for which it was intended; and
WHEREAS, the present 72 -hour parking provision, Costa
Mesa Municipal.Code X10-185, has proven itself to be ineffective
to adequately regulate stored vehicles on City streets, in that
it allows persons to avoid its operation by merely moving vehicles
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la short distance from'the place which they had previously occupied;
and
WHEREAS, the California Vehicle Code (Section 21100,
22507 and 22507.5) permits a city to regulate traffic and parking
on municipal streets; and
WHEREAS, the public health, safety, and welfare of all of
the users of streets makes it necessary to prohibit the storage
of large private vehicles on City streets.
SECTION 2: Chapter 9 of Title 10, Section 10-185, of the
Costa Mesa Municipal Code is hereby repealed and the following
section which shall read as follows is hereby enacted:
Section 10-185 "Use of streets for storage
of certain vehicles prohibited.
A. No person who owns or has possession, custody, or
control of any commercial vehicle as defined in Section 260 of the
Vehicle Code or any truck tractor as defined in Section 655 of the
Vehicle Code having a manufacturers gross weight rating of 10,000
pounds or more, or any house trailer, boat trailer or any other
type of detached trailer shall park such vehicle upon any resi-
dential street at any time except:
(1) In the case of detached trailers while
loading or unloading property or attaching or detaching said
trailer from a motor vehicle and a reasonable period of time is
necessary to complete such work for emergency repairs; or
(2) In the case of commercial vehicles or truck
tractors, while making pickups or deliveries of goods, wares, and
merchandise from or.to any building or structure located on the
restricted streets or highways or for the purpose of delivering
materials to be used in the actual and bona fide repair, alteration,
remodeling, or construction of any building or structure upon the
restricted streets or highways for which a building permit has
,previously been obtained.
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B. No person who owns or has possession, custody
or control of any vehicle excluding those defined in subsection
A, above, shall park such vehicle upon any street or alley for more
than a consecutive period of seventy-two (72) hours.
(1) For purposes of this subsection, an oper-
able vehicle shall be construed to be parked when the vehicle has
not moved for a distance of three car lengths from the place which
it had previously occupied, and the odometer reading if observable,
has not changed more than 1/10 of one mile.
(2) For purposes of this subsection, if a
vehicle is in an apparent state of mechanical breakdown such as
no engine, battery, or drive train components, it shall be consid-
dered parked and the immediately preceding section shall not apply,
(which will cause the immediate removal of the vehicle from the
street if found in violation of a 72 -hour period.
C. Vehicles found parked in violation of this
Article may be cited or towed away and stored by the City. Any
towing and storage charges shall be due and payable by the owner
or possessor of such vehicles prior to its being released. If no
owner or possessor claims such vehicle within thirty (30) days,
it may be sold for such costs in the manner provided in California
Vehicle Code §22705 or 522850 et seq."
SECTION 3: This ordinance shall take effect and be in
full force and effect thirty (30) days from and after is passage,
and shall prior to the expiration of fifteen (15) days from its
passage, shall be published once in the Daily Pilot, a newspaper
of general circulation, printed and published in the City of Costa
Mesa, together with the names of the members of the City Council
voting for and against the same.
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PASSED AND ADOPTED this ,7m day of Ss_rPti h6ere_ ,
1 1976.
CITY OF COSTA MESA
By:
Mayor of
Costa Mes
ATTEST:
AAPROVED AS TO FORMiBy.City Clerk of the City of -- -
Costa Mesa IT R'N�
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa
Mesa and ex -officio Clerk of the City Council of the City of
Costa Mesa, hereby certify that -'the above and foregoing Ordinance
No. %(0-4o was introduced and considered section by section at
a re ular meeting of said City Council on the /6�tk day of
1976 and thereafter passed and adopted as a
whole At a regular meeting of said City Council held on the
-11-h day of 1976 by the following roll call
vote: --`
AYES: COUNCIL MEMBERS: RcLc.i�.�-�}c.�mrr.eL-t, Hs�►��o�,
Srnc_tLwvcd, I`ic ar-Qa�.d
NOES: COUNCIL MEMBERS: N®nc.
ABSENT: COUNCIL MEMBERS: IQConc_
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the Seal of the City of Costa Mesa this. ,%fi'+ day of
Serov►•� 1976.
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aftd ex -' 6f -t o
tlerk of the City Council ��/
of the City of Costa Mesa
Deputy City Clerk of the
City of Costa Mesa