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Home My WebLink About15 VEHICLES STORED STS 11-05-01AGENDA REPORT NO. 15 11-5-01 MEETING DATE: NOVEMBER 5, 2001 760-95 TO' FROM: SUBJECT' HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY ATTORNEY TUSTIN CITY CODE §5330, ET SEQ.- TRAFFIC REGULATIONS USE OF STREETS FOR STORAGE OF VEHICLES PROPOSED CODE AMENDMENT AND ADDITIONS SUMMARY: The Tustin Police Department has been experiencing difficulty with enforcement of the local .traffic regulations pertaining to the use of streets for storage of vehicles (Tustin City Code §5330, et seq.). Due to Code language ambiguity, the current regulations actually operate to allow vehicle owners to park their vehicles on City streets (i.e., within the same neighborhood) for extended periods of time without Police recourse. The proposed addition to the Tustin City Code, specifically §5330(j), is aimed at preventing the long term parking of wide vehicles on City streets. The proposed addition to the Tustin City Code, specifically §5330(k), is aimed at preventing the use of City streets for the storage of non-motorized vehicles, trailers, and campers detached from their motorized vehicles. Such wide vehicles and trailers create visual obstructions for drivers and operate to limit the useable roadway. RECOMMENDATION' Introduce Ordinance amending Tustin City Code §5330(e) and adding §5330(j) and §5330(k). FISCAL IMPACT: None. BACKGROUND' The changes to the Code are as follows: Proposed §5330(e) Amendment The existing language of §5330(e), which operates to prohibit the parking of vehicles on City streets for more than 72 hours, has been slightly modified for purposes of reducing ambiguity. In addition, at the request of the Police Department, §5330(e)'s current one- Internet half mile relocation prohibition has been lowered to two tenths (.2) of a mile. Hence, the term "one locatiOn'' shall now include any movement or relocation or re-parking of an offending vehicle within two tenths (.2) of a mile from any prior parking location used within the preceding 72 hour period. Addition of §5330(j) The addition of new §5330(j) is aimed at prohibiting the parking of wide vehicles (e.g., recreational vehicles) on City streets for an extended period of time. Proposed §5330(j) prohibits the parking of wide vehicles anywhere within a 2 mile radius for a consecutive period of more than 72 hours. In addition, to more effectively address the issue of repeat offenders, specific enforcement language has been included that makes violation of proposed §5330(j) a misdemeanor (subject to code enforcement action) on the third offense. Addition of §5330(k) The addition of new §5330(k) is aimed at prohibiting the storing of nonmotorized vehicles, trailers, and campers detached from their motor vehicles on City streets. Proposed §5330(k) prohibits the parking of any nonmotorized vehicle, trailer, or camper when it has been detached from its motor vehicle on City streets, except for the express purpose of loading or unloading and for a period not to exceed 24 hours. ATTACHMENTS: Ordinance 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, CHAPTER 3, SECTION 5300, ET SEQ., OF THE TUSTIN CITY CODE PERTAINING TO TRAFFIC REGULATIONS The City Council of the City of Tustin does hereby ordain as follows' SECTION 1. PURPOSE AND FINDINGS The purpose of this ordinance is to protect the public health, safety, and welfare by making several modifications to existing Traffic Regulations that regulate long term parking of vehicles, which cause visual obstructions to drivers and pedestrians alike and which narrow the usable roadway. SECTION 2. Article 5, Chapter 3, Section 5330(e) of the Tustin City Code is hereby amended in its entirety to read as follows: so Leaving Vehicle Parked on Street in Excess of Seventy-Two Hours Prohibited. No person who owns or has possession, custody, or control of any vehicle shall park or store such vehicle upon any public street or dedicated alley for a consecutive period of more than 72 hours. Tho term "store" for purposes of this subsection is definod as the parking or leaving unattended any vehicle in one location for the period described in this section. The term "one location" shall include any movement or relocation or re-parking of such vehicle within two tenths (.2) of a mile from any prior parking location used within the preceding 72 hour period. In the event a vehicle is parked or left standing upon a street or alley in excess of a consecutive period of 72 hours and is not moved as required by this section, any member of the Police Department authorized by the Chief of Police may remove the vehicle from the street in the manner and subject to the requirements of California Vehicle Code Section 22650, et seq. SECTION 3. Section 5330(j) is hereby added to Article 5, Chapter 3 of the Tustin City Code to read as follows: Use of Streets for Storing Wide Vehicles Prohibited. Internet 10 11 12 13 14 Ordinance No. 1250 Page 2 No person shall store any vehicle with a width of 80 inches (80") or more on any public street or dedicated alley. The term "store," for purposes of this subsection, shall mean continuously parking such vehicle on any public street or dedicated alley within the same 2-mile radius for a consecutive period of more than 72 hours. Any violation of this subsection shall be deemed an infraction, punishable by a fine of one hundred dollars ($100.00). A second violation of this subsection shall be punishable by a fine of two hundred dollars ($200.00), and a third and subsequent'violation. shall be deemed a misdemeanor. SECTION 4. Section 5330(k) is hereby added to Article 5, Chapter 3 of the Tustin City Code to read as follows: Ko Nonmotorized Vehicles, Trailers, and Campers No person shall at any time park or leave standing any nonmotorized vehicle, trailer, or camper, regardless of width or length, when it has been detached from its motor vehicle on any public street or dedicated alley, except for purposes of loading or unloading and for a period not to exceed 24 hours. 15 SECTION 5. NOTICE 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Vehicle Code §22507, signs giving adequate notice of the parking prohibitions contained in this Ordinance shall be placed within City limits. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsection, subdivision, sentence, clause, phrase, or portions thereof be declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as may be required by law; 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 adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. Internet -2- 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1250 Page 3 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of ,2001. TRACY WILLS WORLEY, Mayor PAMELA STOKER, City Clerk