HomeMy WebLinkAboutORD FOR INTRO 2AG'
APRIL 8, 1991
DATE
TO WILLIAM A HUSTON, CITY MANAGER
FROM. POLICE DEPARTMENT
RDTNANCEiFOR•iINTRODUCTDONiNO
-6-91
Inter—Com
/d % (c,
SUBJECT ORDINANCE REVISION -- ENFORCEMENT OF RECREATION VEHICLE
PARKING
In response to recent State Attorney General's opinion reference
recreational vehicles, it has -become necessary to modify Tustin
Municipal Code Section 5340e and 5330e Please find attached, the
City Attorney's opinion and corresponding ordinance revision
recommendation
I would request these items be calendared as soon as possible for
the upcoming Council Meeting
W DOUGLAS FRANKS
Chief of Police
WDF dh
•
DATE MARCH 25, 1991
•
Inter - Com
Z
TO B ZICARRELLI, TRAFFIC SERGEANT, TUSTIN POLICE DEPT
FROM CITY ATTORNEY
SUBJECT NEW ATTORNEY GENERAL'S OPINION/ENFORCEMENT OF
RECREATION VEHICLE PARKING
This memorandum is response to your request for an opinion
dated March 18, 1991 regarding the above -captioned subject
In January 1990, the Attorney General's Office issued a
Attorney General's Opinion found at Volume 73, page 13, concluding
that cities have no legal authority under the Vehicle Code to set
up parking restrictions as applied to one special group of
vehicles, such as recreational vehicles, on public streets The
Attorney General's opinion, following a lengthy legislative history
analysis, concludes that Vehicle Code Sections 21, 22507, and
22507 5 do not permit a City to prohibit or restrict the parking of
particular categories of vehicles on residential streets, excepting
commercial vehicles having a manufacturer's gross vehicle weight
rating 10,000 pounds or more (See Attorney General's Opinion
attached )
Vehicle Code Sections 22507 and 22507 5 do authorize a City to
set up parking restrictions for all vehicles on residential
streets In other words, all vehicles must be treated the same
Based upon this opinion, it is our recommendation to repeal
Municipal Code Section 5340(e) as this provision specifically
singles out recreational vehicles In addition, we recommend that
Section 5330(e) be amended to make clear that the parking
restriction limiting the parking of vehicles to 72 -hours on a city
streets be all inclusive, that is to include all forms of vehicles
Under this approach, any person storing a recreational vehicle, or
any vehicle, for longer than 72 hours could be cited for a
violation
Accordingly, we have drafted a code amendment which would
provide for the above -stated code changes (see attachment)
•
In conclusion, Municipal
the Atto y neral's opinion
4"
JAMES ROURKE
CITY ATTORNEY
1RS. cas.R.03/26/92.(2.jrs)
Attachment
cc WH
Chief Franks
0,
Code Section 5430(e) conflicts with
and should not be enforced
4�v
JOHNR SHAW
DEPUT CITY ATTORNEY