HomeMy WebLinkAbout87-27 Restricting the Parking of Trucks and Commercial VehiclesFOLLOWS:
ORDINANCE NO. 87-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, RESTRICTING THE PARKING
OF TRUCKS AND COMMERCIAL VEHICLES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
SECTION 1. The City Council of the City of Costa Mesa hereby finds
and declares as follows:
1. Section 35701 of the California Vehicle Code allows cities by
ordinance to prohibit the use of a street by any commercial vehicle or by any
vehicle exceeding a maximum gross weight limit, except for pickup and delivery
of goods, wares, and merchandise to or from a building or structure located on
the restricted street.
2. Section 22507.5 of the California Vehicle Code allows local authori-
ties, by ordinance or resolution, to prohibit or restrict the parking or standing
of vehicles on certain streets or highways, or portions thereof between the hour's
of 2:00 a.m. and 6:00 a.m., including commercial vehicles which are 10,000 pounds
or more in manufacturer's gross vehicle weight provided that signs or markings
giving adequate notice of the prohibition or restriction have been placed.
3. Sections 10-185 and 10-248 of the Costa Mesa Municipal Code do
not clearly and adequately regulate parking of canmercial vehicles on streets
prohibited to cammercial vehicle traffic, because parking has not been made
specifically prohibited.
4. It is the intent of this ordinance to prohibit parking of any truck
or commercial vehicle exceeding a manufacturers gross vehicle weight of 10,000
pounds, except during pickup and delivery of goods, wares, and merchandise to or
from a building or structure located on the restricted street.
Accordingly, the Costa Mesa Municipal Code is amended as follows:
SECTION 2. Title 10 is hereby amended to add subparagraphs (e), (f),
(g) and (h) to Section 10-185 to read as follows:
"Section 10-185(e): (Truck Parking Off Truck Routes) No person who
owns or has possession, custody or control of any truck or commercial vehicle
exceeding a manufacturers grass vehicle weight of 10,000 pounds, shall park or
leave standing any such vehicle on a street or highway which is prohibited to
commercial vehicle traffic pursuant to Section 10-248 of this code, when such
prohibition is indicated by appropriate signs giving notice thereof. Vehicles
in violation of this section may be cited or removed, or both cited and removed,
in accordance with the provisions of Section 10-69".
"Section 10-185(f): (Truck Parking Overnight) Except as provided in
Section 35714 of the California Vehicle code "Exceptions," no person who owns
or has possession, custody, or control of any truck or caTffercial vehicle which
is 10,000 pounds or more in manufacturers gross vehicle weight rating shall park
or leave standing any such vehicle on any street between the hours of 2:00 a.m.
and 6:00 a.m., when such restriction is indicated by appropriate signs giving
notice thereof. Vehicles in violation of this section may be cited or removed,
or both cited and removed, in accordance with Section 10-69".
"Section 10-185(g): (Parking of Trucks and Commercial Vehicles)
Except as provided in Section 35714 of the California Vehicle Code, "Exceptions",
no person who owns or has possession, custody, or control of any truck or commercial
vehicle which is 10,000 pounds or more in manufacturer's gross vehicle weight
rating shall park or leave standing any such vehicle for more than three (3)
hours on any public street, highway, roadway, alley or thoroughfare when such
restriction is indicated by appropriate signs giving notice thereof, except:
(1) While loading or unloading property, and time in addition to such
three (3) hour period as necessary to ccxmplete such work; or
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(2) When such vehicle is parked in connection with, and in aid of, the
performance of a service to or on a property in the block in which such vehicle
is parked, and time in addition to such three (3) hour period is reasonably
necessary to complete such service.
Vehicles found in violation of this section may be cited or removed,
or both cited and removed in accordance with Section 10-69".
"Section 10-185(h): The minimum fine for each violation of Section
10-185, subparagraphs (e), (f), and (g) shall be $100.00.
SECTION 3. This ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration
of fifteen (15) days from its passage shall be published once in the ORANGE
COST DAILY PILOT, a newspaper of general circulation, printed and published in
the City of Costa Mesa or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to
the date of adoption of this Ordinance, and within fifteen (15) days after adop-
tion, the City Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this Ordinance
together with the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this 7th day of December, 1987.
Mayor of the City of Costa Mesa
ATTEST:
APPROVED hJ TO FOR
City Clerk of the City of Costa sa
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 87-27 was introduced and considered section by section at a
regular meeting of said City Council held on the 16th day of November, 1987,
and thereafter passed and adopted as a whole at a regular meeting of said City
Council held on the 7th day of December, 1987, by the following roll call vote:
AYES: COUNCIL MEMBERS: Y6 , �
7
E MEMBERS:
NOES: COUNCIL MEMB RS : j4'A-L-
ABSENT: COUNCIL MEMBERS: 11;1 a -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 8th day of December, 1987.
-� Ci y Clerk and ex -officio Clerk of he
_---- City Council of the City of Costa esa
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