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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 1 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. 2