Loading...
HomeMy WebLinkAbout07.C- Police 7.0 ORDINANCE (ID#3436) DOC ID: 3436 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Municipal Code From: Vicki Cervantes M/CC Meeting Date: 09/02/2014 Prepared by: Vicki Cervantes, 909-388-4912 Dept: Police Ward(s): All Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 10.25 to the San Bernardino Municipal Code Regarding Vehicles for Sale on Public Streets. (FIRST READING) (#3436) Current Business Registration Certificate: Financial Impact: Account Budgeted Amount: $800,700.00 Account No. 001-210-0000-4420 Account Description: Revenue parking citations Balance as of. N/A Balance after approval of this item: $805,900.00 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Lay over Ordinance for final adoption. Synopsis of Previous Council Action: This item was heard by the Legislative Review Committee on August 5, 2014, and was approved to be forwarded to the full Council. Background: The police department regularly receives complaints from citizens about vehicles being parked on City streets and in their neighborhoods for the purpose of displaying them for sale. This is a large problem in the City, which not only adds to blight, but is also hazardous to vehicle and pedestrian traffic. In many locations, City streets are being utilized as de facto used car lots. The act of selling a car on public streets invites prospective buyers into the roadway to examine the vehicle. It is well known that prospective buyers examine the condition of vehicles for sale and look for evidence of damage or repairs. When done in the public roadway, this poses an obvious risk to public and traffic safety that the City wants to avoid. The parking of vehicles for sale on City streets creates a distraction for drivers and pedestrians, further creating a public safety hazard. Because drivers may attempt to not only read a for sale sign in or on a vehicle, but also commit to memory, write down, or call a telephone number on such a sign, these signs pose a greater risk of accidents than do other types of signs that may be Updated: 8/26/2014 by Jolena E.Grider A I Packet Pg. 801 3436 displayed in or on a parked vehicle. The significant increase in vehicles parked for the purpose of sale has created a nuisance by decreasing the parking available for local residents and businesses. The City has an important and substantial interest in protecting public safety, reducing accidents, removing impediments to the orderly flow of traffic such as illegal and hazardous parking, abating public nuisances, eliminating visual blight, preventing unlawful trafficking in stolen vehicles, and protecting licensed car dealers from unfair competition. Section 22651.9 of the California Vehicle Code authorizes the removal of vehicles, under certain conditions, for being illegally parked for purposes of advertising the vehicle for sale. Section 22852 of the California Vehicle Code requires that a post-removal hearing take place after the removal of any vehicle under Section 22651.9 of the California Vehicle Code. These stated Vehicle Code sections authorize the removal of vehicles from the street if the initial parking citation does not act as a deterrent to the vehicle owner under certain conditions. There is currently a similar ordinance in place with several of our neighboring cities to include: The City of Beaumont, Municipal Code 10.30 (See Exhibit "A"); the City of Rialto, Municipal Code 10.28.065 (See Exhibit "B"); the City of Riverside, Municipal Code 10.66.040 (See Exhibit "C"); and the County of Riverside, Ordinance 413, Section 1.13A(See Exhibit "D"). If this ordinance is adopted, the fine for the violation would be $54.00 if paid within 21 days and will increase to $89.00 after 21 days. This bail schedule is consistent with most other current parking violations within our Municipal Code. This item was presented to the Legislative Review Committee on August 5, 2014, and was approved to be forwarded to the full Council. An appropriation of$5,200 in additional revenues into account #001-210-0000-4420 would be required. It is requested the Director of Finance be authorized to incorporate the changes into the FY2014-2015. City Attorney Review: Supporting Documents: Ordinance Prohibiting Sale of Vehicles on Public Street (DOC) Exhibit"A" City of Beaumont Muni Code (PDF) Exhibit"B" City of Rialto Muni Code (PDF) Exhibit "C" Riverside City Muni Code (PDF) Exhibit "D" Riverside County Ordinance (PDF) Updated: 8/26/2014 by Jolena E. Grider A Packet Pg. 802 7.C.a 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2 10.25 TO THE SAN BERNARDINO MUNICIPAL CODE 3 REGARDING VEHICLES FOR SALE ON PUBLIC STREETS 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 d 6 BERNARDINO DO ORDAIN AS FOLLOWS: in L 7 r- d 8 Section 1. Chapter 10.25 is hereby added to the San Bernardino Municipal Code to read as s follows: a� 9 Chapter 10.25 10 Vehicles For Sale on Public Streets w 11 � Sections: 2 (n 12 10.25.010 Findings. 2 10.25.020 Authority. 13 10.25.030 Definitions. _ 14 10.25.040 On-Street Sales Prohibited. 10.25.050 Removal of Vehicle Authorized. 15 10.25.060 Post-Removal Hearings Required for Removed Vehicles. 16 p m 17 Section 10.25.010 Findings. The City Council finds as follows: _ 18 rryry_ .i/ A. Persons and businesses are using City streets as de facto used car lots to sell 19 used vehicles. a 20 U B. The act of selling a car in public streets invites prospective buyers into the 21 roadway to examine the vehicle. It is well known that prospective buyers examine the condition 22 of vehicles for sale and look for evidence of damage or repairs. When done in the public o roadway,this poses an obvious risk to public and traffic safety that the City wishes to avoid. 23 E C. The parking of vehicles for sale on City streets creates a distraction for drivers 24 and pedestrians,thereby creating a further public safety hazard. Because drivers may attempt 25 to not only read a for sale sign in or on a vehicle but also commit to memory, write down, or call a telephone number on such a sign, these signs pose a greater risk of accidents than do 26 other types of signs that may be displayed in or on a parked vehicle. 27 D. The significant increase in vehicles parked for the purpose of sale has created a 28 nuisance by decreasing the parking available for local residents and businesses. 1 Packet Pg. 803 7.C.a 1 E. The City has an important and substantial public interest in protecting public 2 safety,reducing accidents,removing impediments to the orderly flow of traffic such as illegal 3 and hazardous parking, abating public nuisances, eliminating visual blight,preventing unlawful trafficking in stolen vehicles, and protecting licensed car dealers from unfair competition. 4 Section 10.25.020 Authority. 5 This Chapter is adopted pursuant to the authority granted to the City of San Bernardino 6 by Section 22651.9 of the California Vehicle Code, which permits the removal of vehicles, y under certain conditions, for being illegally parked for purposes of advertising the vehicle for c 7 sale. Section 22852 of the California Vehicle Code requires that a post-removal hearing take 8 place after the removal of any vehicle under Section 22651.9 of the California Vehicle Code. s d 9 Section 10.25.030 Definitions. A. "Park"or"parking"means and refers to the standing of a vehicle as set forth by 10 Section 463 of the California Vehicle Code. 11 B. "Peace officer"means and refers to any law enforcement officer as set forth by Cn 12 Section 830 of the California Penal Code. 2 13 C. "Vehicle"means and refers to any device as set forth by Section 670 of the . 14 California Vehicle Code, which is defined as "a device by which any person or property may be w propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human 2 15 power or used exclusively upon stationary rails or tracks." 16 Section 10.25.040 On-Street Sales Prohibited. d 17 No person shall park any vehicle on any street or public land when it appears because of a sign or placard on the vehicle that the primary purpose of parking the vehicle at that location 18 is to advertise to the public the private sale of that vehicle. A person shall be deemed guilty of a .a 19 separate offense for each and every day or portion thereof during which any violation is o committed, continued or permitted. a` 20 Section 10.25.050 Removal of Vehicle Authorized. c=o 21 Pursuant to Section 22651.9 of the California Vehicle Code, any peace officer, or any a 22 regularly employed and salaried employee of the City who is engaged in directing traffic or o enforcing parking laws and regulations may remove the vehicle located when the vehicle is 23 found upon a street or any public lands, if all of the following requirements are satisfied: r 1. Because of a sign or placard on the vehicle, it appears that the primary purpose 24 of parking the vehicle at that location is to advertise to the public the private sale of that a 25 vehicle; and 2. Within the past 30 days,the vehicle is known to have been previously issued a 26 notice of parking violation for violation of Section 10.25.040, which was accompanied by a notice containing all of the following: 2 (A) a warning that an additional parking violation may 28 result in the impoundment of the vehicle; 2 Packet Pg. 804 7.C.a 1 (B) a warning that the vehicle may be impounded 2 pursuant to this section, even if moved to another street, so long as the 3 signs or placards offering the vehicle for sale remain on the vehicle; and 4 (C) a statement that all streets in the City are subject to prohibitions of this 5 Chapter; and a� 6 3. The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle. o 7 Cn e Section 10.25.060 Post-Removal Hearings Required for Removed Vehicles. U A post-storage hearing pursuant to Section 22852 of the California Vehicle Code 9 applies with respect to the removal of any vehicle pursuant to this Section and is incorporated by reference as if set forth in full herein. M 10 11 L r 12 13 /// a 0 14 15 c 0 16 0 0 17 /// c 18 .Q 19 /// a 20 U 21 "a L 22 0 d-+ 23 /// E U 24 25 26 27 28 3 Packet Pg. 805 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 10.25 TO THE SAN BERNARDINO MUNICIPAL 2 CODE REGARDING VEHICLES FOR SALE ON PUBLIC STREETS 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held 5 on the day of , 2014,by the following vote,to wit: 6 in COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT a 7 N a� 8 MARQUEZ 9 BARRIOS > M 10 VALDIVIA `= a� 11 SHORETT En 12 U NICKEL 13 a c 14 JOHNSON a� 15 MULVIHILL s w 16 0 w 17 Georgeann Hanna, City Clerk CD 18 19 The foregoing Ordinance is hereby approved this day of , 2014. o a. 20 c 21 R. Carey Davis, Mayor 22 City of San Bernardino Approved as to form: 23 Gary D. Saenz, City Attorney E s U 24 4 25 By: 26 27 28 4 Packet Pg. 806 E� 10.04.010 Title 10 VEHICLES AND TRAFFIC Chapters: 10.04 Enactment of Traffic Regulations by Resolution 10.06 Curb Markings 10.08 Parking 10.10 Recreational Vehicle and Utility Trailer Parking and Storage 10.12 Parking Commercial Vehicles 10.16 Parking on Grades _ 10.20 Parking for Handicapped Persons 10.25 Restricting RV Parking on Commercial, Retail and Shopping Center Properties 10,28 Off-Road Use of Motorized Vehicles ,o 10.30 Parking of Vehicles, Vessels and Placement of Personal Property for Sale 1032 Oversized Vehicles U 10.36 Bicycles 2 10.38 Skateboarding and Roller-Skating > 10.40 Trains Blocking Intersections co 10.42 Transportation Demand Management Requirements M 10.44 Temporary Street Closures 10.50 Golf Cart Transportation Plan 0 U Chapter 10.04 Y ENACTME, T OF TRAFFIC REGULATIONS BY RE OLUTfON 0 0 10.04.010 Authority to Enact Ceftgiin Regulations by RgA lution. Under the provisions of Division 11 of the State of California Vehicle Code of 1959, as amended, the designation of "through highways," "Stop intersections," "speed zones," and the designation of 0 parking lanes, parking zones, and crosswalks, and such other regulation of the flow of traffic as v may be deemed necessary shall hereafter be enacted by resolution of the City Council. - Q w s X W r.: C d E v R Q BMC Title 10. 1 Distributed 0512012 Packet Pg. 807 io 28.050 10.030 020 D. The vehicle being operated must be of the type or types identified in the landowner/agent's written permission. E. The permittee shall at all times while operating such vehicles have in his possession a current and valid letter of permission and shall present it upon request to a law enforcement officer, or agent or employee designated by the City Manager to enforce this Chapter,for verification of the right to operate vehicles on the property. F. The vehicles operated by the permittee shall at all times be equipped with spark d arrestors and muffler systems in good operating condition. L 10.28.050 Violation-Penalty. In the discretion of the Enforcement Officer, any 0 person violating the provisions of this Chapter 10.28 shall be issued an Administrative Citation d pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. ch a� 0 Chapter 10.30 v PARKING OF VEHICLES, VESSELS AND PLACEMENT OF PERSONAL PROPERTY FOR SALE Sections: 0 E 10.30.010 Display of Vehicles and Other Property For Sale Prohibited, 10.30.020 Exceptions. d m 10.30.030 Evidence That Property is Offered for Sale. o 10.30.040 Evidence of Violation. 10.30.050 Violation-Penalty. v 10.30.010 Display of Vehicles and Other Property For Sale Prohibited Except , as provided in Section 10.30.020, 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 x the purpose of displaying such vehicle, vessel or other personal property for sale, hire or rental. W c 10.30.020 Exceptions. E U A. Section 10.30.010 shall not apply if the real property is lawfully zoned by the City for such purpose, the vendor is duly licensed to transact such business at that location, and the Q vendor owns or has lawful possession of said real property or has written permission in his or her possession from the owner or person in lawful possession of the real property to vend the vehicle(s), vessel(s) and/or personal property at that location. B. Section 10.30.010 shall not prohibit any person from displaying for sale a vehicle, vessel or other personal property on private residential property provided the person owns or occupies the residential property on which it is displayed for sale, unless such display constitutes a nuisance. BMC Title 10: 12 Drstrrbuled 0512012 Packet Pg. 808 10-30,030-10 30.050 C. Section 10.30.010 shall not prohibit any person from placing a vehicle or vessel advertised for sale on the public street provided: (1) Such placement does not violate this Chapter, which Chapter authorizes the removal of unattended vehicles from City streets, highways and alleys under circumstances specified therein; and (2) Such advertising sign is not more than 10" x 12" and includes the name, address and telephone number of the seller; and (3) The person advertising the vehicle or vessel for sale is the registered rn owner of the vehicle or vessel in accordance with Sections 505 and 9850, et seq. of the ,0 California Vehicle Code. en 0 U_ 10.30.030 Evidence That Property. is Offergd for Sale The parking or placing of > any vehicle or vessel or other personal property with a sign or other advertising device thereon M or proximate thereto, indicating such vehicle or vessel or other personal property is for safe, hire M or rental, shall constitute prima facie evidence that such vehicle, vessel or other personal property was parked or placed for the purpose of displaying the same for sale, hire or rental. 0 U 10.30.040 Evidence of Violation. In any prosecution for violation of this Chapter C against the registered owner of a motor vehicle or vessel, proof that the particular vehicle or vessel described in the complaint or citation was in violation of this Chapter, together with proof that the defendant named therein was at the time the registered owner of the vehicle or vessel, o shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who placed the vehicle or vessel at the point where, and for the time during which, the c violation occurred. m 4- 0 10.30.050 Violation-Pena lt . In the discretion of the Enforcement Officer, any w person violating the provisions of this Chapter 10.30 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an Q infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code w Section 1.16.040. c E U R a.. Y Q BM C Title 10- Distributed 0512012 Packet Pg.809 Munieode Page l of Rialto, California; Code of Ordinances>> Title 10-VEHICLES AND TRAFFIC>> Chapter 10.28 PARKING*>> Chapter 10.28 PARKING* Sections: 10.28.010 Application of chapter. 10.28-020 Parkway, 1Q.28.030 Maintenance of no s o abg.ones—and r-a_6q g,arp-M 10.28.040 No parking areas. 10.28.050 Yehicle storage on streets. f6 19.28.06Q_Vehide sale_4i "1 y—demonstra ion. L 0 1-0,20,05-Vehicles for simile.diaplay,Oemonstration cnAg-b is anc river Wi _ areas, W 1.0.28 070$e iripg,9�e-asing.y�Jlicles on s reegv 10.28.07 Provisions that apply to parking rras� m 1.Q,,Z$.080 Washing,oohs 'n veltiQIg on streets, .. 10.28.090 Adjacent to schgpls. Cl) 10 28.100 Narrow streets. M 10.28.110 On grades. a� 10.28120 Peddlers—Vendors- V 10,28.130 Emergency signs E 10.28.940 Twenty-four minute. 10.28.150 Forty minute o 10.28 160 One hour 10-28..170 Two hour. 10.28.180 Parallel on one-way streets. 0 0 10.28 190 Soace markings U 1©.28200 No stopping zones. m 10.28.210_.Loading Q-rlo--�$.tablishment auth,:,&. 10 28220 Curb markings. 10 28 2Q Aipniication of lr�adinq or_unloadjpg-pro+7isions. w 14.21240 Standing for loading, unloading oniv. 10.28.250 Standing to gessenaer loadin z ne. 10.28.260 Standing in 11gy 1Q 28.270 Coach zones. 10.28.280 Taxicab stands. Q 10,28.290 Private parking facilities_ 10 28 291 Require vehic es.opUesidential 10.2$292 Requirements for the parking or stori,ng<Qf yetti-le S.on residential prQp, ft 1.0-28.293 Require.ments_foL,jbe P.aLkinrt or siori i Uf commercial phi&s gn city strrsets. 10.28.295 Violation.. 10,28.010 Application of chapter. A. The provisions of this title prohibiting the stopping, standing or parking of a vehicle apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to https://library.muni code.corn/print.aspx?h=&cfentID=16575&HTMRequcst=https%3a%2.,. Packet Pg. 810 Municode Page 2 of avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. The provisions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or city ordinances prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord 642§1 (part), 1973. 1965 code Title X1, Ch. 1, §9} 10.28.020 Parkway. No person shall stop, stand or park a vehicle within any parkway. (Ord. 642§ 1 (part), 1973, 1965 code Title XI, Ch. 1, §9.1) m 10.28.030 Maintenance of no stopping zones and no parking areas. o The city engineer is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title. When curb markings or signs are in place no operator of any vehicle shall stop, stand or park Cn such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions "? of this title. 0 0 (Orr-642§1 (part), 1973: 1965 code Title Xl, Ch. 1, §9.2) � 10.28.040 No parking areas. o No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of w the following places, except when necessary to avoid conflict with other traffic or in compliance with o the direction of a police officer or other authorized officer, or traffic sign or signal: A. Within any divisional island unless authorized and clearly indicated with appropriate 0° signs or markings; B. On either side of any street between the projected property lines of any public walk, x public steps, street, or thoroughfare terminating at such street, when such area is w indicated by appropriate signs or by red paint upon the curb surface; C. In any area where the city engineer determines that the parking or stopping of a s vehicle constitutes a traffic hazard or endangers life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; <t D- In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by 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 such track; F. In any area where the parking or stopping of any vehicle constitutes a traffic hazard or endangers life or property; G. On any street or highway where the use of such 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 use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or https://library.municode.conVprint.aspx?h=&clientlD=16575&H"TMRequest=https%3a%2... 7 Packet Pg.811 Municode Page 3 of 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 such vehicle prohibits or interferes with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking; H. At any place within fifty feet of a crosswalk at an intersection in any business district when such 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; I. Within one hundred feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device, (Ord. 642§ 1 (part), 1973: 1965 code Title Xt, Ch. 1:§9.3) 10.28.050 Vehicle storage on streets. M No person who owns or has possession, custody or control of any vehicle shall park such o vehicle upon any street or alley for more than a consecutive period of seventy-two hours. If such v parking occurs, then, pursuant to California Vehicle Code Section 22651(k), the police department may cause such vehicle to be towed away or otherwise removed, and stored or otherwise disposed of in a manner permitted by law. to M (Ord. 754, 1978:Ord. 642§ 1 (part), 1973: 1965 code Title X1, Ch. 1, §9 4) M m 10.28.060 Vehicle sale display, demonstration. 0 No operator of any vehicle shall park the vehicle upon any street in this city for the principal purpose of advertising or displaying it for sale, unless authorized by resolution of the council. 0 (Ord. 642§ 1 (part), 1973: 1965 code Title X1, Ch. 1, §9.5) 2 0 10.28.065 Vehicles for sale, display, demonstration on public and private parking w areas. m No owner or operator of any vehicle shall park the vehicle upon any public or private nonresidential off-street parking area within the city for the purpose of displaying it for sale or demonstration unless authorized by resolution of the city council. W r c (Ord. 1059(part), 1989) d E s 10,28.070 Repairing, greasing vehicles on streets. a No person shall construct or cause to be constructed, repair, or cause to be repaired: grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street. (Ord. 642§ 1 (part), 1973. 1965 code Title Xt, Ch. 1, §9.6) 10.28.075 Provisions that apply to parking areas. All the provisions of this chapter and of the California Vehicle Code which would apply to vehicles upon public roads, streets or highways shall apply to vehicles upon any public or private nonresidential off street parking area within the city. It is the purpose of this section to make this title https.Ulibraiy.municode.com!print,aspx?h=&clientlD==6575&HTMRequest=https%3a%2... 7 Packet Pg. 812"" 7.C,d RIVERSIDE MUNICIPAL CODE RIVERSIDE,CALIFORNIA Chapter 10.66 VEHICLES FOR SALE ON PUBLIC STREETS Sections: 10.66.010 Findings. 10.66.020 Authority. 10.66.030 Definitions. 10.66.040 On-Street Sales Prohibited. 10.66.050 Removal of Vehicle Authorized. 10.66.060 Post-Removal Hearings Required for Removed Vehicles. c L Section 10.66.010 Findings. 0 The City Council finds as follows: A. Persons and businesses are using City streets as de facto used car lots to sell used vehicles. Q B. The act of selling a car in public streets invites prospective buyers into the roadway to examine the vehicle. It is well known that prospective buyers examine the condition of vehicles for sale and look for evidence of damage or repairs. When done in the public M roadway, this poses an obvious risk to public and traffic safety that the City wishes to avoid. d C. The parking of vehicles for sale on City streets creates a distraction for drivers o and pedestrians, thereby creating a further public safety hazard. Because drivers may attempt to not only read a for sale sign in or on a vehicle but also commit to memory, write down, or call a telephone number on such a sign, these signs pose a greater risk of accidents than do other types of signs that may be displayed in or on a parked vehicle. D. The significant increase in vehicles parked for the purpose of sale has created a v d nuisance by decreasing the parking available for local residents and businesses. E. The City has an important and substantial public interest in protecting public N safety, reducing accidents, removing impediments to the orderly flow of traffic such as illegal and hazardous parking, abating public nuisances, eliminating visual blight, preventing unlawful trafficking in stolen vehicles, and protecting licensed car dealers from unfair competition. {Ord. 7085 § 1, 2010) Section 10.66.020 Authority. to This Chapter is adopted pursuant to the authority granted to the City of Riverside by Section 22651.9 of the California Vehicle Code, which permits the removal of vehicles, under certain conditions, for being illegally parked for purposes of advertising the vehicle for sale. E Section 22852 of the California Vehicle Code requires that a post-removal hearing take place after the removal of any vehicle under Section 22651.9 of the California Vehicle Code. (Ord, a 7085 § 1, 2010) Section 10.66.030 Definitions. A. "Park" or "parking" means and refers to the standing of a vehicle as set forth by Section 463 of the California Vehicle Code. B. "Peace officer" means and refers to any law enforcement officer as set forth by Section 830 of the California Penal Code. C. "Vehicle" means and refers to any device as set forth by Section 670 of the California Vehicle Code, which is defined as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human 10.66-1 Packet Pg.813' 7.C.d RIVERSIDE MUNICIPAL CODE RIVERSIDE, CALIFORNIA power or used exclusively upon stationary rails or tracks.' (Ord. 7085 § 1, 2010) Section 10.66.040 On-Street Sales Prohibited. No person shall park any vehicle on any street or public land when it appears because of a sign or placard on the vehicle that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle, A person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted. (Ord. 7085 § 1, 2010) Section 10.66.050 Removal of Vehicle Authorized. Pursuant to Section 22651.9 of the California Vehicle Code, any peace officer, or any regularly employed and salaried employee of the City who is engaged in directing traffic or d enforcing parking laws and regulations may remove the vehicle located when the vehicle is found upon a street or any public lands, if all of the following requirements are satisfied: c 1. Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle; and 2. Within the past 30 days, the vehicle is known to have been previously issued a > notice of parking violation for violation of Section 10.66.040, which was accompanied by a notice containing all of the following: (A) a warning that an additional parking violation may result in the impoundment of the vehicle; (B) a warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards v offering the vehicle for sale remain on the vehicle; and (C) a statement that all streets in the City v are subject to prohibitions of this Chapter; and 3. The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle. (Ord. 7085 § 1, 2010) Section 10.66.060 Post-Removal Hearings Required for Removed Vehicles. A post-storage hearing pursuant to Section 22852 of the California Vehicle Code applies with respect to the removal of any vehicle pursuant to this Section and is incorporated by reference as if set forth in full herein. (Ord_ 7085 § 1, 2010) U w .Q t K W G E t V w Q 10,66-2 Packet Pg.814 ORDINANCE NO. 413 (AS AMENDED THROUGH 413.31) AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 413 REGULATING VEHICLE PARKING The Board of Supervisors of the County of Riverside do ordain as follows: Section 1. Ordinance No. 413 is amended in its entirety to read as follows: Section 1.1 FINDINGS. d �o Upon review of the current Ordinance 413 related to parking arkin restrictions the 0 following actions are determined necessary: �- A. Statement of Intent and Purpose. In order to further community preservation, protection of the health, safety and welfare of its citizens, property values, and aesthetic qualities, these M regulations are intended to provide a just, equitable, and practical method for regulating and enforcing street parking restrictions and prohibitions for certain vehicles within the unincorporated areas of the County of Riverside. 0 Section 1.2 DEFINITIONS. 0 The following terms shall have the meanings respectively ascribed to them for purposes of this Section. Whenever any terms used in this Section are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions are incorporated herein and shall apply. 0 A. "County" means the County of Riverside, California. s X B. "County Code Enforcement" means any County staff designated as "! County Code Enforcement personnel under the Code Enforcement Division of the Building and Safety Department of the County. E C. "County Highway" means any streets, roads and highways that a have been accepted into the County maintained road system and are maintained by the Transportation Department. D. "Commercial Vehicles" means any vehicles of a type that are required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used or maintained primarily for the transportation of property. Ord. 413— Page 1 Packet Pg. 815 E. "Director of Transportation" means the Director of the Riverside County Transportation Department and shall be equivalent to the "road commissioner" in its authority and capacity for any legal requirements, F. "Recreational Vehicles" means any vehicles, with or without motor power, designed for human habitation or recreation, including but not limited to: boats, snowmobiles, watercraft, racing vehicles, off- road vehicles, utility trailers, motor homes, travel trailers, truck campers or camping trailers. a U) G. "Residential District" means as any area zoned primarily for ° residential use d pursuant to the provisions of Article III, Section 3.1 of Riverside .2 County > Ordinance 348. M Section 1.3 PARKING OR STANDING RESTRICTED. A. Except as provided in Section 1.6, no person shall park or leave standing any vehicle or trailer, on any county highway for a period in excess of three days. B. A vehicle or trailer parked or left standing at the same location for more 0 than 72 hours is prohibited to be parked or left standing at another location within a radius of 500 feet from the original location, with the o intent to circumvent the 72-hour parking limit and using county roads as storage space, after enforcement personnel tag the vehicle or trailer for a possible violation of Subsection A above. Section 1.4 VIOLATION — REMOVAL OF VEHICLE: OPPORTUNITY FOR POST STORAGE HEARING w A. Any vehicle parked or left standing on any County highway in x violation of Section 1.3 of this Ordinance shall be subject to W removal and placed in a storage facility pursuant to and in compliance with the provisions of Sections 22651 and 22850 of the E California Vehicle Code. Y B. Whenever a vehicle is removed from County highway pursuant to a Subsection A of this Section, the vehicle's registered and legal owners of record, or their agents, shall be provided with an opportunity for a post-storage hearing to determine the authority for, and the validity of, the removal and storage of such vehicle pursuant to and in compliance with the provisions of Sections 22650 and 22852 of the California Vehicle Code Ord. 413—Page 2 Packet Pg.816 Section 1.5 PARKING OR STANDING PROHIBITED. A. No person shall park or leave standing any vehicle where signs are posted or curbs are painted giving notice thereof. B. The Director of Transportation is hereby authorized to establish on county highways restricted parking or no-stopping zones upon the completion of an engineering study and a field review which study and field review shall document the need and purpose in establishing such restricted parking or no-stopping zones. C. The Director of Transportation shall post signs or cause curbs to be painted to give notice of the parking restrictions contained in subsection A Cn of this section. D. According to the California Vehicle Code Section 22651 and Riverside County Ordinance No. 556, county code enforcement is hereby d authorized to enforce parking restrictions promulgated in this s ordinance. The Director of building and safety or his designee shall effect > the guidelines and administrative procedures deemed necessary. M Section 1.6 NOTICE OF VEHICLE REMOVAL-SIGNS. The Board of Supervisors, by resolution, may prohibit parking on designated c portions of state highways and authorize the removal of any vehicle parking or left standing therefrom pursuant to Section 22651(n) of the California Vehicle Code, and upon adoption of any such resolution, the Director of o Transportation shall post signs giving notice of such removal. 0 Section 1.7 ANGLE PARKING. A. The Board of Supervisors, by resolution; may allow angle parking on streets where curbs and gutters are installed and the roadway is paved from curb to curb, with a minimum width of 75 feet. '- B. Where angle parking is permitted, vehicles are required to park within the - white lines designating angle parking spaces. C. The Director of Transportation shall cause streets and highways to be a marked with white lines designating parking spaces as provided in x subsection B of this section. w d Section 1.8 TRUCKS AND TRAILERS. E A. No person shall park or leave standing any truck, trailer, or semi-trailer used primarily for hauling manure, garbage, livestock, poultry or other a product giving off a noxious or unpleasant odor, upon, or in a county highway or other property adjacent to, or within two hundred (200) feet from, any premises zoned primarily for residential occupancy and in use for that purpose; except in an emergency or when necessary for the purpose of loading or unloading such vehicle. B. The Director of Transportation shall place signs to give notice of any regulation as provided for in subsection A of this section. Ord. 413 - Page 3 Packet Pg.817 Section 1.9 LOADING ZONES. The Board of Supervisors, by this ordinance, hereby delegates to the Director of Transportation the authority to establish loading zones and passenger loading zones. The Director of Transportation or his designee shall determine the location of the loading zones and passenger loading zones and establish the zones upon completion of an engineering study and a field review which study and field review shall document the need and purpose in establishing such loading zones. The loading zones shall be indicated by appropriate signs and curb markings hereinafter provided. A. Red shall mean no stopping, standing or parking at any time, except that a bus may stop to load or unload passengers in a red zone marked or sign posted as a bus loading. A red zone marked or sign posted as a taxi zone `2 shall permit stopping, standing and parking exclusively for taxicabs. ° B. Yellow shall mean no stopping, standing or parking at any time between seven a.m. and six p.m. on any day except Sunday and holidays for any purpose other than the loading or unloading of passengers or materials, > provided that the loading or unloading of passengers shall not consume more than five minutes, or the loading or unloading of materials more than twenty (20) minutes. G. White shall mean no stopping, standing or parking except so long as is necessary for the loading or unloading of passengers or for the purposes of depositing or picking up mail in an adjacent mailbox. D. Green shall mean stopping, standing or parking is allowed for the time o limit specified by posted signs or stencils on the top of the curb where applicable. o U Section 1.10 COMMUNITY MAIL BOXES. a A. No person shall park or leave standing any vehicle or trailers within 15 feet of a community mailbox or cluster of individual mailboxes that serve four 2 or more residences or businesses. B. Signs are not required to be posted to provide enforcement when the delivery of mail is hindered due to a parked vehicle blocking the mail boxes. X w Section 1.11 SIGNS. A. Whenever the Director of Transportation shall determine that, in a special E situation, traffic congestions or hazardous or dangerous driving conditions are likely to result on any highway, street or alley under the jurisdiction of a the county from the holding of public or private assemblages, gatherings or functions, street construction, maintenance or repair work , or for any other reason of public safety, he or she is authorized to order the placement or posting of temporary signs, including reduced speed signs, indicating that the operation, parking or standing of vehicles is prohibited or regulated on such highway, street or alley, to the extent indicated on the signs. Such signs shall remain in place only during the existence of such special situation and the Director of Transportation shall cause such Ord. 413 — Page 4 Packet Pg.818 signs to be removed promptly thereafter. B. The Director of Transportation shall place signs or cause the curbs to be painted to give notice to any regulation as provided for in Subsection A and this section. C. When signs authorized by provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs nor exceed the speed indicated. Section 1.12 STATE HIGHWAYS. A. Any provision of this ordinance which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval U' of the State Department of Transportation is required by state law shall ° cease to be operative six months after receipt by the Board of d Supervisors of written notice of withdrawal of approval provided by the State Department of Transportation. > B. Whenever this ordinance delegates authority to a county officer, or authorizes action by the Board of Supervisors to regulate traffic upon a M state highway in any way which by state law requires the prior approval of the State Department of Transportation, no such officer shall exercise such authority nor shall such action by the Board of Supervisors be effective with respect to any state highway without the prior approval in writing of the State Department of Transportation when and to the extent o required by the California Vehicle Code. Section 1.13 DISPLAYING VEHICLE FOR SALE. A. No person shall park any vehicle or place any structure upon any county highway for the purpose of selling therefrom any article or thing, and no person shall sell, display for sale, or offer for sale any article or thing, either in or from any such vehicle or structure so parked or placed; but this section shall not prohibit a seller from taking orders or delivering any commodity from a vehicle on a county highway adjacent to the premises of the purchaser, nor shall it prohibit any person from temporarily parking x any vehicle upon a county highway while actually engaged in making a W sale to a customer wishing to buy. B. (1) Except as provided for in subdivision (2) of this subsection, no person s shall park, stop, place or leave standing any vehicle or cause any vehicle to be parked or placed upon any private or public street, .2 highway, parking lot or other private or public property located within the unincorporated area of the county for the purpose of selling, displaying for sale or offering for sale any such vehicle. (2) Subdivision (1) of this subsection shall not prohibit any person from selling, displaying for sale or offering for sale a vehicle on private property, provided the person owns or occupies the property or has written permission of the property owner, authorized agent of the property owner or the person in lawful possession of such private Ord. 413 — Page 5 Packet Pg.819 property. Such written permission shall be displayed in or on the vehicle in such a manner as to be clearly visible, and upon request by a peace officer or code enforcement officer employed by the department of building and safety, such written permission shall be made available for further inspection. Subdivision (2) of this subsection shall not exempt a person from compliance with county zoning ordinances or any other ordinance or law governing the sale of vehicles on private property. (3) The parking or placing of any vehicle with a sign or other advertising device thereon or proximate thereto, indicating such vehicle is for sale shall constitute prima facie evidence that such vehicle was parked or placed for the purpose of displaying the vehicle for sale. `2 (4) The provisions of this subsection may be administered and enforced ° by the Director of building and safety and his or her employees or d designees. U d Section 1.14 SPACES MARKED FOR HANDICAPPED PARKING. A. The Board of Supervisors may, by resolution, designate parking spaces for the exclusive use of vehicles which display a distinguishing license v plate or a placard issued pursuant to Sections 22511.55 and 22511.59 or 5007 of the California Vehicle Code. If the designated space is to be on a county highway, it shall be reviewed to determine if there is sufficient space for a disabled person to enter and exit the vehicle safely and if a o viable path is available (including wheelchair ramps) from the designated parking space. Whenever a parking space is so designated, it shall be c indicated by blue paint on the curb or edge of the paved portion of the U street adjacent to the space, and may also be indicated by signs or other a suitable means. B. The Board of Supervisors may, by resolution, designate stalls or spaces in an off-street parking facility owned or operated by the county for the exclusive use of vehicles which display a distinguishing license plate or placard issued pursuant to Section 22511.55 and 22511.59 or 5007 of the California Vehicle Code. x C. The owner or person in lawful possession of an off-street parking facility, "' after notifying the sheriff's department, and the county owning or operating an off-street parking facility, may cause the removal from a stall E or space designated for physically handicapped persons in such facility to the nearest public garage, which regularly accepts towed vehicles, of any vehicle not displaying one of the distinguishing placards or license plates specified in this section if there is posted immediately adjacent to, and visible from such stall or space, or, if there is posted, in a conspicuous place at each entrance to the off-street parking facility, not less than seventeen (17) by twenty-two (22) inches in size with lettering not less than one inch in height, a sign which clearly and conspicuously states the following; "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed Ord. 413 — Page 6 Packet Pg. 820