HomeMy WebLinkAboutORD 1356 (2008)ORDINANCE NO. 1356
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING SECTION 5334 TO PART 3 TO CHAPTER 3 OF
ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO
RESTRICTION OF PARKING TO FACILITATE STREET
SWEEPING
The City Council of the City of Tustin, California, ordains:
SECTION I: The City Council finds and determines that:
A. That on October 16, 2007, March 18, 2008, April 15, 2008 and September
15, 2008, the City Council conducted public workshops to review the
existing parking regulations including consideration of implementation
actions that would improve the quality of life within Tustin and increase the
quality and appearance of the circulation system.
B. That this Code amendment to the Tustin City Code will facilitate the
cleanliness and appearance of public streets, reduce degradation of water
runoff into the City's stormwater system, and will do so in a manner that is
protective of those traveling and parking upon public streets in the City.
C. That the Code amendment is regulatory in nature, and the City of Tustin
has a substantial interest in protecting the health and safety of the public,
including those traveling upon, and parking upon, City streets.
D. That on October 7, 2008, a public hearing was duly noticed, called, and
held concerning this Code amendment.
E. That the Code amendment regulates the use of existing public highways
and streets for public health, safety and welfare purposes, and is not
subject to the California Environmental Quality Act ("CEQA") pursuant to
Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect adverse
physical change in the environment) and 15060{c)(3) (the activity is not a
project as defined in Section 15378) because it has no potential for
resulting in an adverse physical change to the environment, directly or
indirectly.
F. That the proposed amendment is reasonably necessary to protect the
health, safety and welfare of the citizens of the City of Tustin.
SECTION II. Section 5334 of Part 3 of Chapter 3 of Article 5 of the Tustin City Code is
hereby enacted to read as follows:
Ordinance No. 1356
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5334 PARKING RESTRICTED TO FACILITATE STREET SWEEPING.
a. Prohibition.
Any other limitation on, or regulation concerning parking contained in this Article
to the contrary notwithstanding, it is unlawful to stop, stand, park, or leave
standing, any vehicle on any street, highway, or portion thereof, during the hours
and on the day or days of the month indicated on signs containing the words "No
Parking," which signs have been placed in pursuant to Tustin City Code Section
5334b.
b. Parking Signs.
The City Traffic Engineer is hereby authorized to determine the locations of and
to place and maintain, or cause to be placed and maintained, signs designating
the hours during which, and day or days of the month on which, parking is
prohibited in order to permit City equipment to sweep streets or highways.
c. Exemptions
The following shall be exempt from the restrictions of Section 5334a:
1. Ambulance, law enforcement and fire department vehicles; and
2. Construction vehicles, dumpsters and other obstructions permitted
pursuant to a valid encroachment permit.
d. Penalties.
1. Violation of this Section shall be an infraction. All persons
designated by the Chief of Police are authorized and empowered to
remove or cause to be removed all vehicles parked on a street
contrary to the provisions of this Section, and to store the vehicles.
The owner or operator of any such vehicle shall be liable to the
reasonable towing and storage charges.
2. In addition, this Section may be enforced in any manner provided in
Chapter 1 of the Tustin City Code or under California law.
SECTION III. This Ordinance shall become effective at 12:01 am on the thirty-first
(31st) day after passage. In order to allow sufficient time for posting of signage and
notice to the public, the City Council directs that enforcement of this Ordinance shall
commence on the 60th day after passage.
Ordinance No. 1356
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SECTION IV. If any section, subsection, subdivision, paragraph, sentence,
clause, or phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 4th day of November, 2008.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is 5; that the above and foregoing Ordinance No. 1356 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 7'" day of
October, 2008 and was given its second reading, passed, and adopted at a regular meeting
of the City Council held on the 4t" day of November, 2008 by the following vote:
COUNCILMEMBER AYES: Amante, Davert, Bone, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (~)
COUNCILMEMBER ABSTAINED: None (~)
COUNCILMEMBER ABSENT: None (~)
P MELA STOKE
CITY CLERK
Ordinance No. 1356
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