HomeMy Public PortalAboutOrdinance 806ORDINANCE NO. 806
AN ORDINANCE OF CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA,
ADDING CHAPTER 10.30 REGULATING THE PARKING
OF VEHICLES, VESSELS AND OTHER PERSONAL
PROPERTY FOR SALE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
Section 1. Chapter 10.30, entitled "Parking of Vehicles,
Vessels and Other Personal Property for Sale" is hereby added to the
Beaumont Municipal Code as more specifically provided for in Exhibit
"A" attached hereto and made a part hereof.
Section 2. This Ordinance shall take effect as provided by
MOVED, PASSED AND ADOPTED this 28th day of August
CITY OF BEAUMONT
law.
2000.
By
ROGER BERG, Mayor
CERTIFICATION
I, City Clerk of the City of Beaumont, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the
City Council held on July 24 , 2000, and was duly adopted
upon its second reading on August 28 , 2000, upon the
following roll call vote:
AYES: Mayor Berg, Council Member DeForge, Dressel, and Zeller.
NOES: None.
ABSTAIN:None.
ABSENT: Council Member Westcot.
(SEAL)
CITY OF BEAUMONT
CHAPTER 10.30
PARKING OF VEHICLES, VESSELS AND PERSONAL PROPERTY FOR SALE
Sections:
Section 10.30.010
Section 10.30.020
Section 10.30.030
Section 10.30.040
Section 10.30.050
Display of Vehicles and Other Property
For Sale Prohibited
Exceptions
Evidence That Property is Offered for Sale
Evidence of Violation
Penalty for Violation
Section 10.30.010 Display of Vehicles and Other Property
For Sale Prohibited.
No person shall park or place a vehicle or vessel or other
personal property upon a public or private street, parking lot or
any public or private property for the purpose of displaying such
vehicle, vessel or other personal property for sale, hire or rental.
Section 10.30.020 Exceptions.
A. Section 10.30.010 shall not apply if the real property is
properly zoned by the City for such purpose, the vendor is duly
licensed to transact such business at that location, and the vendor
owns or has lawful possession of said real property or has written
permission in his or her possession from the owner or person in
lawful possession of the real property to vend the personal property
at that location.
B. Section 10.30.010 shall not prohibit any person from
displaying for sale, hire or rental a vehicle, vessel or other
personal property on private residential property provided the
person owns or occupies the residential property on which it is
displayed for sale, except as prohibited or limited in Title
17 -Zoning, of the Beaumont Municipal Code.
C. Section 10.30.010
placing a vehicle or vessel
immediately adjacent to the
to or occupied by the owner
shall not prohibit any person from
advertised for sale on the public street
private residential property belonging
of such vehicle or vessel provided:
i. such placement does not violate City Ordinance No.
740, which Ordinance authorizes the removal of unattended
vehicles from City streets, highways and alleys under
circumstances specified therein; and
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ii. such advertising sign is not more than 10"x12" and
includes the name, address and telephone number of the seller;
and
iii. the person advertising the vehicle or vessel for
sale is the registered owner of the vehicle or vessel in
accordance with Sections 505 and 9850, et seq. of the
California Vehicle Code.
Section 10.30.030 Evidence That Property is Offered for Sale.
The parking or placing of any vehicle or vessel or other
personal property with a sign or other advertising device thereon or
proximate thereto, indicating such vehicle or vessel or other
personal property is for sale, hire or rental, shall constitute
prima facie evidence that such vehicle, vessel or other personal
property was parked or placed for the purpose of displaying the same
for sale, hire or rental.
Section 10.30.040 Evidence of Violation.
In any prosecution for violation of this Chapter against the
registered owner of a motor vehicle or vessel, proof that the
particular vehicle or vessel described in the complaint or citation
was in violation of this Chapter, together with proof that the
defendant named therein was at the time the registered owner of the
vehicle or vessel, shall constitute prima facie evidence that the
registered owner of the vehicle or vessel was the person who placed
the vehicle or vessel at the point where, and for the time during
which, the violation occurred.
Section 10.30.050 Penalty for Violation.
Any person violating any provision of this Chapter shall be
deemed guilty of an infraction or misdemeanor as hereinafter
specified. Such person shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation
of any of the provisions of this Chapter is committed, continued, or
permitted. Any person convicted of a violation of this Chapter
shall be: (1) guilty of an infraction offense and punished by a
fine not exceeding one hundred fifty dollars ($150.00) for a first
violation; (2) guilty of an infraction offense and punished by a
fine not exceeding two hundred fifty dollars ($250.00) for a second
violation of the same Chapter provision and perpetrated by the same
person. The third and any additional violations on the same
provision and perpetrated by the same person shall constitute a
misdemeanor offense and shall be punishable by a fine not exceed one
thousand dollars ($1,000.00) or six (6) months in jail, or both.
Notwithstanding the above, the first offense may be charged and
prosecuted as a misdemeanor. The payment of any penalty herein
shall not relieve a person from the responsibility for correcting
the violation.
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