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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
o i'l " ,,: Ii "i~ L
Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION 10.16.280
OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO THE P ARKlNG OF VEHICLES
ON OFF STREET PARKING AREAS.
Dept: City Attorney
Date: January 22, 2002
Synopsis of Previous Council action:
None.
Recommended motion:
That said ordinance be laid over for final adoption.
L- -1,/~
() Signature
Contact person:
James F. Penman
Phone:
5355
Supporting data attached:
Staff Report
Ward: ALL
FUNDING REQUIREMENTS:
Amount: NONE
,
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: ff'U1GUS('1 ;;/V/~.!! IlJ!)
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Agenda Item] .) - /9- 0:.2-
75-0262
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STAFF REPORT
Council Meeting Date: February 4, 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
January 25, 2002
February 4, 2002
Both the Police Department and Code Enforcement receive numerous complaints of
vehicles being parked in parking lots and paved vacant lots with for sale signs. Several areas of
the City are being utilized as informal used car lots. Currently under San Bernardino Municipal
Code g5.04.495 it is unlawful to allow the sale of vehicles from a temporary location. The
problem with enforcing this section is that the owner of the vehicle is rarely on the site to allow
the police or code enforcement to issue a citation. By adding this section to the Municipal Code,
the police or code enforcement will be able to issue a parking citation and will not have to
attempt to locate the owner.
After a request at the Legislative Review Committee meeting on January 24, 2002,
findings were added to the ordinance. The findings added are as follows: I. It is unlawful to
allow the sale of vehicles from a temporary location under Municipal Code Section 5.04.495; 2.
There has been an increasing occurrence of cars being parked and displayed in parking lots for
the purpose of the sale of such vehicles within the City; 3. It is often difficult to make contact
with the owner(s) of said vehicle when the violation is noted to be able to cite the owner(s) for
the violation; 4. An additional enforcement tool of parking citations will help eliminate the
problem; and 5. Nothing in this section shall prevent any person from displaying for sale signs in
vehicles that they park in public or private lots for any purpose other than the sale, lease, display,
repair or storage of said vehicles.
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, (G(Q)[F8'V
1
ORDINANCE NO.
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
3 10.16.280 RELATING TO THE PARKING OF VEHICLES ON OFF STREET PARKING
AREAS
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Findings:
7 I. It is unlawful to allow the sale of vehicles from a temporary location under
Municipal Code Section 5.04.495;
8
2. There has been an increasing occurrence of cars being parked and displayed in
9 parking lots for the purpose of the sale of such vehicles within the City;
10 3. It is often difficult to make contact with the owner( s) of said vehicle when the
violation is noted to be able to cite the owner(s) for said violation;
11
4. An additional enforcement tool of parking citations will help eliminate the
12 problem; and
13 5. Nothing in this section shall prevent any person from displaying for sale signs in
vehicles that they park in public or private lots for any purpose other than the sale, lease, display,
14 repair or storage of said vehicles.
15 SECTION 2. Section 10.16.280 is hereby added to the San Bernardino Municipal Code
to read as follows:
16
Section 10.16.280
Parking on Off Street Parking Areas.
17
A. A person shall not park, or display a vehicle in a public or private off street parking
18 area, including paved vacant lots, for the purpose of the sale, lease, display, repair or storage of said
vehicle, unless said lot has received all necessary approvals, permits and business registration for
19 said sale, lease, display, repair or storage of vehicles.
20 B. For this section, the term "vehicle" includes, but is not limited to: cars, vans,
trucks, trailers, boats, campers and recreation vehicles.
21
C. Those persons authorized to issue citations pursuant to Municipal Code Section
22 9.90.010, any police officer, any parking control checker, and the Director of Facilities
Management, or his or her authorized representative, is authorized and empowered to enforce this
23 parking regulation and to issue parking control notices related thereto as provided in Vehicle Code
Section 40202.
24
25
26
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1
7 ESTRADA
8 LIEN
9 MCGINNIS
10 SCHNETZ
11 SUAREZ
12 ANDERSON
13 MCCAMMACK
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L_
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
10.16.280 RELATING TO PARKING VEHICLES ON OFF STREET PARKING AREAS
2
3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a regular meeting thereof, held on
5 the 4th day of Fcbruary, 2002, by the following vote, to wit:
6
COUNCIL MEMBERS:
NAYS
ABSTAIN ABSENT
AYES
14
15
Rachel G. Clark, City Clerk
16
17
The foregoing ordinance is hereby approved this _ day of
,2002.
18
19
20
JUDITH V ALLES, Mayor
21 City of San Bernardino
22 Approved as to
form and legal content:
23
24
JAMES F. PENMAN,
City Attorney
25
By: LA___ -:; ./~
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iIi' ',* * FOR OFFICE USE ONLY. NOT,A PUBLIC, DocuMENT, *~u A
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RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Oat Adopted: 2-1<1- 0 2- Item No. 10
Resoluf n10rdina~' o. M c.. - , 'I (., Ordinance Urgency: Yes 16"
Effective Date: :3 ," 2 2.-0 1-- Termination/Sunset Date: /J/o
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VOle: Ayes: /, ') )/ ~ "'; 7 Nays:......e-
Abslain; ~ Absenl: &
Dale Senl to Mayor: -.;l 0- C> L-- Dale Relurned from Mayor: :=< 12 'I t7L
Dale of Mayor's Signalure: :2" 0 L- Dale of Clerk's Signalure: ~ /2-; /0 L
I I
Dale Summary Sent to Attorney: Dale Summary Relurned from Attorney:
Date Published:
Meeting Type: ~ ~ ~ Dale Seal Impressed:
Continued Fromffo & Item No.
Date Sent for Signature:
Expiration Date:
Copies Distribut
To Whom:
Exhibits Complele & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Senl:
Request for Council Action & Staff Report Attach,;f'...t. ~es
Notes: If-/p';~/~-Ur~ ~/rj,-
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No
Ready to File:
Date:
0CXUMfNT LOCAnoN:
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