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HomeMy WebLinkAboutFOR SALE SIGNS ON CARS 09-15-80DATE: September 11, 198o lnter-Com FROH: SUBJECT: Honorable Mayor and City Council Dan Blankenship, City Administrator FOR SALE SIGNS ON CARS Attached is a letter received from a resident complaining of receiving a citation for parking his car on South Prospect with a "for sale" sign in the window. This has been staffed with the three applicable departments as a means of reviewing the desirability of the regulation (see attached memo) as it did not appear too serious on first glance. Attached are responses from Engineering and Police. Engineering's view is that the regulation is not necessary from a traffic viewpoint and cars cannot be parked over 72 hours in any event (if marked and checked by the police). The Police Department's view is that they enforce primarily by complaint and try to warn people whenever possible. They have also issued an enforcement advisory on August 26, 1980 suggesting citing only after one days notice or if the car is simply moved to another location. Community Developments' view is that the real concern they have is people leaving a car on the street for advertising for several hours and not just parking it while they do some shopping or brief chores. If it is not regulated at all, then some sections of streets can be loaded with cars for sale that are dropped off daily or for the weekend. This would be unattractive and take up parking from nearby businesses or residents and would also make more difficult enforcing vehicle mounted commercial advertising signs. My conclusion is that the regulation as it is enforced appears reasonable. The only potential change might be to change the code to specify leaving the vehicle with such a sign in the same location more than four or eight hours constitutes a violation. This would place more of a burden on the Police Department to document their case. This report is only for information unless Council wishes to initiate some action. Respectfully submitted, Dan Blankenship ' City Administrator DATE: TO: FROM: SUBJECT: SEPTEMBER 3, 1980 :nter-Com MI~E BROTEMAPd<LE, DIRECTOR OF COM~IUNITY DEVELOPMENT /BOB LEDENDECK~R, DIRECTOR OF PUBLIC WORKS CHARLES THAYER, POLICE CHIEF D~N BLANKENSHIP, CITY ADMINISTRATOR ~ ATTACHED LETTER REGARDING SIGNS ADVERTISING CARSFOR SALE Attached is a letter from a Tustin resident who was cited for having a "For Sale" sign on his car. Please review and comment. This type of restriction is a common section in most cities traffic and parking ordinance. It is a touchy regulation in some regards due to its apparent minor importance. On the other hand, if unregulated, you could have cars lined up on Newport Avenue, etc., as a "free" used car lot. 1. Is the regulation needed? /~/L~ 2. Is there a better way or less restrictive way of handling the problem? 3. Is the court really taking such a casual view of this type of citation? (Police Chief.please check). I will want to pass on your comments and the letter to Council on September DATE: September 9, 1980 Inter-Corn TO: FROH: SUBJECT: Charles R. Thayer, Chief of Police Captain. N. E. Williams Letter to Council Complaining of Citation The attached Inter-Com from City Administrator Blankenship and letter from Mr. Joe Borzellino deal with a citation issued to Mr. Borzellino's parked vehicle. The citation was T99747. It was issued at 100 S. Prospect, on 8/21/80, at 9:05 A.M., to a 1977 Dodge Aspen station wagon, blue in color, California license 501TJS. I contacted Mr. Borzellino by phone and he indicated that his intent was not to complain about the citation itself since he understood that police officers must take action on the ordinances passed by the City Council. His intent, instead, was to have the Council either repeal the law or place warning signs at the primary entrances to the community so that persons could be aware of the law. I pointed out to Mr. Borzellino what our policy was in this area and read to him the attached memorandum from Agent Johnson (which incidentally was placed on the briefing board the day before Mr. Borzellino wrote his letter). I further explained to him that his vehicle had been cited because of requests from the Tustin Meadows Homeowners Association that all vehicles violating this ordinance be cited in the area of Tustin Meadows. Mr. Borzellino confirmed that since writing the letter, he had learned that his vehicle was probably cited at the specific request of the Tustin Meadows Homeowners Association. It is interesting to note that a Mr. Rik Vollaerts who is a public relations and advertising agent with offices at 14632 Canterbury Avenue, Tustin, CA, 92680, phone 838-0826, had contacted Agent Johnson in an attempt to have this citation dismissed. After reviewing the procedure set forth by Agent Johnson, I recommend that we continue with it and that Mr. Blankenship be advised of our posture which I think is reasonable and proper. N. E. Williams, Captain Commander, Field Operations Division Attach. NEW:dh I~lr. & Mrs. Joseph Borzellino 14631 K|mberly Circl~ 'l'us6n, CA 9Z680 August 27, 1980 Dear City Council Members: Last week I received a ticket in the City of Tustin for displaying a "for sale" sign in the window of my car and subsequently discovered that this was indeed illegal under City Ordinance 370 Section 2 and traffic regulation 5330f. It was my opinion at the time that this regulation was unenforceable for the following reasons: 1. ~en a law like this is on the books, the public must be made aware of its existence in an open and consistent way so that it has the opportunity to avoid penalty. At present, it is possible for a person with signs in his car to enter the city from an area where no such law exists, park on a city street and receive a ticket. To me, this is an ex- ample of a government acting outside its powers and in this case, to no one's benefit. 2. Laws should serve a purpose and be written so as to affect citizens equally and equitably. In talking with people around City Hall, the consensus seemed to be that this law actually rid the city of "tacky" for sale signs in cars. "Tacky", however, is a very subjective term and hardly cause for government action because I can point out to anyone on any given day a varie~ of extremely tacky signs nailed to government property, st'uck into pri- vate and public land, often distracting to passing vehicle operators, and most often, of little or no interest to anyone. Come November, we are often visually bombarded with tacky signs and pictures no less, on every corner. To me, these are far more notorious abuses of the public and private landscape. In my opinion, this kind of sign display is far more offensive than a sign on one's own personal property. Still, they are allowed without restriction or penalty. I went to court on August 21, to explain my position, and had no problem getting my case dismissed without any cost to me and the suggestion from the judge that I make my feelings known to the City Council of Tustin. I hope you will agree with my objections and take note of the judge's reluctance to penalize individuals under this regulation. As it is now written, this law should either be recinded or modified so that local residents rights are no longer needlessly impinged upon, and the police can concentrate on more pressing urban problems. It is important that I be notified of any action taken since I obviously feel strongly about this matter, and I still haven't sold my car. Sincerely OCoe Borzellino 1 1 DATE: August 26, 1980 TO: FROM: Ail Field Operations Division Personnel Agent 0. R. Johnson, ~480, Traffic Supervisor SUBJECT: T.C.O. 5330(F) - Parking for Demonstration The above ordinance prohibits the operator of any vehicle from parking on any city street for the purpose of advertising or displaying ~t for sale. We have recently begun to receive complaints from citizens that have received citations for violation of this ordinance. Each complainant pled ignorance of the ' ordinance's existence, 'and suggested that warning~ would be more appropriate than a citation. ~hile "ignorance of the law.is no defense" the intent of the ordinance is the issue at hand. More importantly, the hSgh lewel of community support and rapport that we now enjoy could be seriously jeopardized by the arbitrary and capricious application of this or any other Cit~ ordinance. In the interest of justice, and maintenance of good community relations, it is suggested that ¢gurt~sy warning notices be placed on vehicles suspected of being in violation of this ordinance. Should the'officer find the vehicle in violation after a 24-hour period of time, or at a different loc~tion with the warning notice removed, a citation would be in order. This serves a dual purpose in that it is an educatioDal tool for the public and it can only enhance public relations, as well as your testimony in court if the citation is contested. O. R. John~/~_ Agent Traffic S~ervisor . '1¸ ~.-' TUSTIN P~DLICE DEPARTMENT .. ' -' 'r --. · ?:':-~ .~: So ~ ~ ' ' ~- ~. YEA~O~ VEHICLE j MAKE MODEL ~OY STYLE COLOR