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HomeMy Public PortalAboutOrd. 1555ORDINANCE NO. 1555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, AMENDING SUBSECTION 7 -17(i) OF CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE REGARDING OVERSIZE VEHICLE PARKING ON CITY STREETS WHEREAS, the City of Lynwood has seen an increase in complaints regarding the parking and /or storage of oversize vehicles in residential and commercial areas throughout the City; and WHEREAS, public safety issues such as sight distance from driveways and intersections result when such oversize vehicles are parked on public streets or rigiris of ways in the City; and WHEREAS, the parking and /or storage of oversize vehicles causes visual blight in the City; and WHEREAS, California Vehicle Code section 22507 permits a City, by resolution or ordinance, to prohibit or restrict the stopping, parking or standing of vehicles on certain streets, highways or portions thereof during all or certain hours of the day; and WHEREAS, the existing parking supply within the City is ever decreasing due to the continual growth of the population. WHEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOW: SECTION 1. Subsection 7 -17(i) of Chapter 7 of the Lynwood Municipal Code is hereby repealed in its entirety. SECTION 2. A new Subsection 7 -17(i) of Chapter 7 of the Lynwood Municipal Code is hereby adopted to read as follows: 7 -17(i) Use of streets for parking and /or storage of oversize vehicles prohibited. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (a) "Oversize Vehicle" shall mean any house car, pick -up truck with camper, recreational vehicle, tow truck, boat or trailer, which meets or exceeds any of the following criterion, exclusive of fixtures, accessories or property: (1) twenty -two (22) feet in length; or (2) six (6) feet in height; or (3) seven (7) feet in width. The term "oversize vehicle" does not include a commercial vehicle as clPf1e�l PICP_,[571?Pre thi_�PrtlflYl_ r�ir.l�_tir� tr?�rlr .h i ±hn�it a ramr�ar, or _ r r i' - - sports utility vehicle. (b) "Non- motorized Vehicle" shall mean any trailer or any other device that is not self - propelled. (c) "Motor Vehicle" shall mean a passenger vehicle, pick -up truck without a camper, sports utility vehicle, motorcycle and motor - driven cycle but shall not include a house car. (d) "Residential District" shall mean any area within the City, which is zoned Rl, R2, R3, and those portions of planned community districts and specific plan districts, which are specified for residential uses. 2. To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included in any measurements. No person shall, at any time, park or leave standing any oversize vehicle or non - motorized vehicle on any public street, highway or alley except: (a) In residential districts, oversize vehicles, or non - motorized vehicles which are attached to a motor vehicle or oversize vehicle and parked adjacent to the owner's residence are allowed for the purposes of loading, unloading, cleaning, battery charging, or other activity preparatory or incidental to travel for a period of time not to exceed twenty -four (24) consecutive hours. (b) In residential districts, oversize vehicles, or non - motorized vehicles which are attached to a motor vehicle, parked adjacent to the owner's residence may be allowed for up to an additional forty -eight (48) consecutive hours, but no more than a total of seventy -two (72) consecutive hours, provided an application and payment for a permit has been received by the Parking Enforcement Division. The Parking Enforcement Division shall establish general standards for an oversize vehicle parking permit provided for by this section. 4. No person who owns or has possession, custody or control of any vehicle or non- motorized vehicle which is six (6) feet or more in height (including any load thereon) shall park or leave standing any such vehicle on a street or highway within one hundred (100) feet of any intersection. No person who owns or has possession, custody, or control of a oversize vehicle having a manufacturers gross vehicle weight of eight thousand to ten thousand (8,000 — 10,000) pounds, shall park or leave standing any such oversize vehicle on any public street, highway, roadway, alley or thoroughfare, except: (a) For such reasonable time in excess of three (3) hours that may be necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure or for the purpose of delivering materials to be used for repair, alteration, remodeling, or construction of any building or structure upon a restricted street or highway; or (b) For such reasonable time in excess of three (3) hours that may be necessary when such vehicle is parked in connection with the performance of a service to or on a property in the block in which such vehicle is parked; or (c) For such reasonable time in excess of three (3) hours that may be necessary time to make emergency repairs. 6. Any violation of the herein stated provisions Pertaining to the pankina of over-size I,'-- r-- --- --a r - - -b -- vehicles shall be subject to a fine as established in the Lynwood Civil Penalty Schedule. The fine shall be subject to change from time to time by resolution of the City Council amending the Lynwood Civil Penalty Schedule. 7. To give owners of oversize vehicles the opportunity to park such oversize vehicles on public streets for limited times, the City will issue Oversize Vehicle Parking Permits pursuant to the following: (a) Any person may obtain an Oversize Vehicle Parking Permit to park a designated oversize vehicle on a public street, for a limited period of time, by applying for an Oversize Vehicle Parking Permit. 2 (b) The Parking Enforcement Division shall issue Oversize Vehicle Parking Permits. Each person desiring an Oversize Vehicle Parking Permit shall file with the Parking Enforcement Division a completed City application form containing the following: (1) The name, address and phone number of the registered owner and applicant of designated oversize vehicle; (2) The license number, make and model of designated oversize vehicle; (3) The dates for which the permit is requested; (4) The dates and duration of any and all oversize vehicle permits issued to the applicant within the immediately preceding ninety (90) day period; (5) Additional information the Parking Enforcement Division may reasonably require; (6) The applicant must sign application under penalty of perjury. (c) Oversize Vehicle Parking Permits issued and approved by the Parking Enforcement Division shall include the license plate number of the designated oversize vehicle, the date of issuance and the day of its expiration. (d) An Oversize Vehicle Parking Permit shall be placed at the lower driver's side of the windshield of the oversize vehicle to which it relates so that it is clearly visible from the exterior of the oversize vehicle. Should the oversized vehicle not have a windshield, the permit shall be affixed to the front portion of the oversize vehicle in a location that is plainly visible from in front of said oversize vehicle. (e) All Oversize Vehicle Parking Permits shall be issued at a cost of fifty dollars ($ 50.00) to the applicant. The fee amount for such permits shall be published in the Lynwood Fee Schedule and may be adjusted from time to time by resolution of the City Council. (f) An Oversize Vehicle Parking Permit shall be valid for a period not to exceed three (3) consecutive weekdays (72 hours). (g) Upon expiration of an Oversize Vehicle Parking Permit issued under this section, the applicant may apply for and be granted additional Oversize Vehicle Parking Permits, if the applicant still qualifies under the conditions set forth herein. In no event shall any person and /or designated oversize vehicle be issued more than three (3) Oversize Vehicle Parking Permits within any ninety (90) calendar day period. 8. The provisions of this ordinance shall not be in effect until proper placing of signs giving notice of the provisions restricting oversize vehicle parking has occurred. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid or unconstitutional., such decision shall not affect the v?liditv.ofthe remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. SECTION 4. This ordinance shall take effect thirty (30) days after its final passage by the City Council. SECTION 5. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 17th day of August , 2004 and adopted and ordered published at a regular meeting of said Council held on the 7th day of September , 2004. Louis Byrd, ayor City of Lynwood Attest: Andrea L. Hooper, City Clerk ang . I t 1 . i ty Manager Approved as to form: k-Cl ns? lizl ! i . Arnoldo Beltran, City Attorney 9 STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held-on the - -7}h- ­duy -of- September - , 2.004. AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE 9� City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1555 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 7th day of September , 2004. City Clerk, City of Lynwood -3-