HomeMy WebLinkAboutORD FOR INTRODUCTION 07-18-83: DATE:
June 17, 1983
ORDINANCES FOR INTRODUCTION
7-5-83 (no. meeting)
7-18-83
Inter-eom
TO:
FROM:
SUBJECT:
Mayor, City Council, City Manager
C. R. Thayer, Chief of Police
Tustin City Code Amendment Request
Based upon existing Tustin City Code regulations, the Police
Department has been unable to control the length of time certain
types of "vehicles" and trailers are allowed to park upon the city
streets and alleyways (TCC 5330e).
Attached is a proposed amendment (TCC 5311) to the City Code which
defines the word "vehicle" more properly, thus allowing the Police
Department to take appropriate parking enforcement on all types of
vehicles, including semi-trucks and trailers, trailers,
motorcycles and mopeds.
With the addition of this proposed definitive section (TCC 5311)
proper control of such "vehicles" and the aesthetic qualities of
our city will be greatly enhanced.
CRT:dh
DATE:
TO:
FROM:
SUBJECT:
June 9, 1983
Inter - C om
~.~. Thayer, Chief of Police
James G. Rourke, City Attorney
James P. Lough, Deputy City Attorney
Tustin Municipal Code Section 5330(e) Amendment
Attached you will find a copy of a proposed amendment
to the definitional Section of the Traffic Regulations in the
Tustin City Code. This amendment addresses your concerns in
a recent Inter-Com to this office relating to storage of
vehicles on City streets for more than 72 hours.
As stated in your Inter-Com, this Section did not define
vehicles, and the Police Department was therefore unable to
take enforcement action. The proposed ordinance adds a new
definition to Section 5311 of the City Code. This definition
is based on Section 670 of the California Vehicle Code, and
defines vehicles in the same manner as the State.
This definition is an all-inclusive one, and has been
interpreted by the Courts as including trailers and other de-
vices pulled by trucks or automobiles. (Mobilease Corp. v.
County of Orange (1974) 42 Cal.App.3d 461, 463.) Also, t~is
Section has been interpreted to include mopeds and other
motorcycle or two-wheel, motorized vehicles. (People v.
Jordan (1977) 75 Cal.App.3d Supp. 1.)
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ORDINANCE NO. 889
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY
CODE ADDING A DEFINITION OF "VEHICLE' TO THE
TRAFFIC REGULATIONS CHAPTER.
The City Council of the City of Tustin, California, does
ordain as follows:
1. That Section 5311 of the Tustin City Code be and the
same hereby is amended as follows:
A. A new paragraph is hereby added to read as follows:
"Vehicle" shall mean a device by which any
person or property may be propelled, moved,
or drawn upon a highway, excepting a device
moved exclusively by human power or used ex-
clusively upon stationary rails or tracks.
B. The new paragraph to be added by this ordinance
shall be placed under Section 5311 between the definitions of
"Peace Officer" and "Vehicle Code".
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, California, held on the day of
, 1983.
Mayor
ATTEST:
City Clerk
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28 JPL:pj:D:06/09/83