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HomeMy Public PortalAboutOrdinance 06-9101 1 1 ORDINANCE NO. 06 -910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING PART 4 TO THE TEMPLE CITY MUNICIPAL CODE RELATING TO OVERSIZED VEHICLE PARKING REGULATIONS ON PUBLIC STREETS WHEREAS, the City of Temple City has received complaints regarding the stopping and parking of oversized vehides on residential and other City streets; and WHEREAS, the long -term parking of oversized vehicles creates a safety hazard for both motorists and pedestrians -as these tend to block lines of sight, impair motorist and pedestrian visibility and reduce the travel widths along City streets; and WHEREAS, the long -term parking of oversized vehicles degrades the aesthetic appearance of the City's streetscape and interferes with routine street sweeping; and WHEREAS, California Vehide Code, Section 22507 and California case law interpreting this section expressly authorize cities to adopt an ordinance or resolution, prohibiting or restricting the stopping, parking, or standing of certain vehides, induding, but not limited to, vehides that are six feet or more in height; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Temple City as follows: SECTION 1: A new Part 4 of Title 3 is hereby added to the Temple City Municipal Code to read as follows: "Part 4 ". OVERSIZED VEHICLE PARKING REGULATIONS 3337.1 Prohibition of parking of oversized vehicles on public streets. 3337.2 Definitions. 3337.3 Exemptions to prohibition on parking of oversized vehicles. 3337.4 Permit process for temporary parking permits for oversized vehicles. 3337.5 Posting of signs. 3337.6 Permit restrictions. 3337.1. Prohibition of parking of oversized vehicles on public streets. No person shall park, or leave standing on any public street, alley or right of way in the City any oversized vehicle without displaying a valid oversized vehicle temporary parking permit. 3337.2. Definitions. A. "Oversized vehicle" shall be defined as any vehicle, whether motorized or non - motorized, that exceeds twenty (20) feet in length, or eighty (80) inches in width or seventy -eight (78) inches in height or that weighs more than 6,000 Ibs (gross vehide weight). Any extension caused by any mirror or any accessory attached to such vehicle shall be considered part of the measured distance. Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in section 3337.1: 1. Buses as defined in the California Vehicle Code; 2. Trailers, including boat trailers, and semi - trailers, as these are defined in the Califomia Vehicle Code, and stand -alone boats not connected to trailers; 3. Trailer coaches as defined in the California Vehicle Code; and 4. Recreational vehicles as defined in this chapter. B. "Recreational vehicle" shall be defined as a motor home, slide -in camper, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include: 1. Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy; 2. ' Motor home. A vehicular unit built on or permanently attached to a self- propelled motor vehicle chassis, chassis cab or van, which becomes art integral part of the completed vehide, designed for human habitation for recreational or emergency occupancy; 3. Slide -in camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper. 4. Travel trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehide and for human habitation for recreational or emergency occupancy. 3337.3 Exemptions to prohibition on parking of oversized vehicles The provisions of Section 3337.1 shall not apply to any of the following: A. Oversized vehicles making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. B. Any ambulance, paramedic or public safety vehicle involved in responding to an emergency. C. Any vehicle being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. D. Any vehicle belonging to federal, state or local authorities while conducting official government business. E. Any vehicle displaying a valid permit issued pursuant to Section 3337.4 and 3337.6 3337.4 Permit process for temporary parking permits for oversized vehicles. The City Manager, or his designee, shall issue a temporary parking permit to any resident of the city, for parking of an oversized vehide that belongs to that resident, or a guest of the household in which such resident res ides, provided the following conditions are met: A. The pet nit is obtained by a resident of the property in front of which the oversized vehide will be parked in accordance with this Part. B. The oversized vehide is parked on the street immediately adjacent to the property upon which the person requesting the permit resides. 1 1 1 1 1 C. The duration of the permit shall not exceed forty -eight (48) hours. D. At the discretion of the City Manager, or his designee, a permit may be issued for a period not to exceed seventy -two (72) hours to accommodate house guests. E. No more than four (4) permits shall be issued for any specific oversized vehide within any given calendar month. Permits may not be issued for consecutive periods, and there must be a minimum of forty -eight (48) consecutive hours between the issuance of permits for a specific property or a specific oversized vehicle. F. The oversized vehide shall not be used for ovemight camping, lodging, residing in, or any use for accommodation purposes. G. The oversized vehide shall not visibly block or obscure any existing safety or traffic control device, nor shall it be parked in such position that another's driveway approach is jeopardized, and it shall otherwise meet all other parking requirements for the street upon which it is parked. H. The oversized vehicle is not licensed, registered or used for commercial purposes. The City Manager, or designee, determines that the parking of the oversized vehide would not create a public safety hazard Such a determination may be made based on factors, induding, without limitation, the size of the oversized vehide, the configuration of the street or the location of any nearby driveways, trees, improvements or structures. 3337.5. Posting of signs. Signs giving adequate notice of the prohibitions contained in Section 3337.1 shall be placed at the city limits, as well as at other appropriate locations as determined by the Traffic Engineer to be consistent with applicable law. 3337.6. Permit Restrictions. A. It shall be unlawful for any person to whom a permit is issued pursuant to section 3337.4 to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration. B. It shall be unlawful for any person to borrow, buy or otherwise acquire for value or use or display any parking permit, except as provided for in section 3337.4. C. Each permit issued pursuant to section 3337.4 shall be subject to all of the conditions and restrictions set forth in section 3337.4. The issuance of such permit shall not be construed to be a permit for or approval of any violation of any provision of this Code or any other law or regulation. D. The issuance of a permit pursuant to section 3337.4 shall not be construed or interpreted as a warranty or representation by the City or its officials, officers or employees that the parking of any oversized vehicle is or is not in compliance with any other provision of law. Neither the enactment of this Part nor the preparation or delivery of any permit pursuant thereto shall impose any mandatory duty upon the City, its officials, officers or employees to completely and accurately determine the safety of the parking of any oversized vehicle or impose any liability on the City, its officials, officers or employees regarding the same. E. The City Council may establish a reasonable permit fee by separate resolution to recover the City administrative costs in preparing and issuing permits." SECTION 2: If any provision or clause of this Ordinance or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are declared to be severable. SECTION 3: The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption. APPROVED AND ADOPTED on this 19th day of September, 2006. MAYO R ATTEST: Ntik City Clerk at"-e_ I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 06 -910, was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th day of September, 2006 and was duly passed, approved and adopted by said Council at their regular meeting held on the 19th day of September, 2006 by the following vote: AYES: Councilmember - Arrighi, Gillanders, Wong, Wilson, Capra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Clerk 1 1