HomeMy WebLinkAboutMC-1407 Adopted: September 15, 2014
Effective: October 15, 2014
ORDINANCE NO. MC-1407
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 10.25 TO THE SAN BERNARDINO
2 MUNICIPAL CODE REGARDING VEHICLES FOR SALE ON PUBLIC STREETS
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4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO DO ORDAIN AS FOLLOWS:
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7 Section 1. Chapter 10.25 is hereby added to the San Bernardino Municipal Code to read as
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follows:
9 Chapter 10.25
Vehicles For Sale on Public Streets
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11 Sections:
10.25.010 Findings.
12 10.25.020 Authority.
10.25.030 Definitions.
13 10.25.040 On-Street Sales Prohibited.
14 10.25.050 Removal of Vehicle Authorized.
10.25.060 Post-Removal Hearings Required for Removed Vehicles.
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Section 10.25.010 Findings.
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17 The City Council finds as follows:
18 A. Persons and businesses are using City streets as de facto used car lots to sell used
vehicles.
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2 0 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
21 for sale and look for evidence of damage or repairs. When done in the public roadway, this
22 poses an obvious risk to public and traffic safety that the City wishes to avoid.
23 C. The parking of vehicles for sale on City streets creates a distraction for drivers and
pedestrians, thereby creating a further public safety hazard. Because drivers may attempt to not
24 only read a for sale sign in or on a vehicle but also commit to memory, write down, or call a
25 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.
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D. The significant increase in vehicles parked for the purpose of sale has created a nuisance
27 by decreasing the parking available for local residents and businesses.
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1 E. The City has an important and substantial public interest in protecting public safety,
reducing accidents, removing impediments to the orderly flow of traffic such as illegal and
2 hazardous parking, abating public nuisances, eliminating visual blight, preventing unlawful
3 trafficking in stolen vehicles, and protecting licensed car dealers from unfair competition.
4 Section 10.25.020 Authority.
This Chapter is adopted pursuant to the authority granted to the City of San Bernardino
5 by Section 22651.9 of the California Vehicle Code, which permits the removal of vehicles,
6 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
7 place after the removal of any vehicle under Section 22651.9 of the California Vehicle Code.
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Section 10.25.030 Definitions.
9 A. "Park" or "parking" means and refers to the standing of a vehicle as set forth by
Section 463 of the California Vehicle Code.
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11 B. "Peace officer" means and refers to any law enforcement officer as set forth by
Section 830 of the California Penal Code.
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C. "Vehicle" means and refers to any device as set forth by Section 670 of the
13 California Vehicle Code, which is defined as "a device by which any person or
14 property may be propelled, moved, or drawn upon a highway, excepting a device
moved exclusively by human power or used exclusively upon stationary rails or
15 tracks."
16 Section 10.25.040 On-Street Sales Prohibited.
17 No person shall park any vehicle on any street or public land when it appears because of
a sign, placard or any other indication written or posted on the vehicle that the primary purpose
18 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
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thereof during which any violation is committed, continued or permitted.
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Section 10.25.050 Removal of Vehicle Authorized.
21 Pursuant to Section 22651.9 of the California Vehicle Code, any peace officer, or any
22 regularly employed and salaried employee of the City who is engaged in directing traffic or
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:
24 1. Because of a sign, placard or any other indication written or posted on the
25 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
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2. Within the past 30 days, the vehicle is known to have been previously issued a
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notice of parking violation for violation of Section 10.25.040, which was accompanied by a
28 notice containing all of the following:
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1 (A) a warning that an additional parking violation may result in the
impoundment of the vehicle;
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3 (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 offering
4 the vehicle for sale remain on the vehicle; and
(C) a statement that all streets in the City are subject to prohibitions of this
6 Chapter; and
7 3. The notice of parking violation was issued at least 24 hours prior to the removal
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of the vehicle.
9 Section 10.25.060 Post-Removal Hearings Required for Removed Vehicles.
A post-storage hearing pursuant to Section 22852 of the California Vehicle Code
10 applies with respect to the removal of any vehicle pursuant to this Section and is incorporated
11 by reference as if set forth in full herein.
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MC-1407
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
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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 joint regular meeting thereof, held
5 on the lath day of SepremhPr , 2014, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
9 BARRIOS x
10 VALDIVIA x
11 SHORETT
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NICKEL x
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JOHNSON x
15 MULVIHILL x
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17 � .Li.(4-'-
G eorg=1 H. a ity Clerk
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The foregoing Ordinance is hereby approved this / day of September , 2014.
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21 R. Carey Davi ayor
City of San B-rnardino
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Approved as to form:
23 Gary D. Saenz, City Attorney
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By: •A_C._ c-� --�
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