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Home My Public Portal AboutOrd. 1518<, ORDINANCE N0. 1518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 7 -27 TO THE LYNWOOD MUNICIPAL CODE WHEREAS, vehicles left parked on public streets for long periods of time create an inconvenience for shopping by monopolizing available parking spaces; and WHEREAS, frequent violations of the Municipal Code and State Vehicle Code occur on a constant basis with regard to off -site sales of motor vehicles; and WHEREAS, the City under the authority granted to it by the California Constitution, Article XVI, Section 15, and Vehicle Code section 22508, and other applicable laws, has determined that the creation of restricted zones will be of benefit to the community, WHEREAS, the City Council hereby makes the following findings and declarations: that the ordinance (1) preserves safety by reducing distractions that are likely to cause traffic accidents, (2) promotes the flow of traffic and access to businesses by discouraging would -be automobile sellers from parking on the busiest streets, (3) protects public streets from blight, and (4) discourages trafficking in stolen vehicles, and by unlicensed automobile dealers NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOWS: 7 -27. VEHICLES OFFERED FOR SALE WHILE PARKED ON A PUBLIC STREET, 7 -27 1 DEFINITIONS. AS USED IN THIS SECTION Higinvay shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street. Owner of the Vehicle shall mean the last registered owner and legal owner of record. Persal shall mean and include any person, firm, partnership, association, organization, business trust, corporation, or company. Pnbhc property not devoted to vehicular travel does not include "highway ". Vehicle shall mean a device by which any person or property may be propelled, 9 moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. 7 -27.2. ACTS PROHIBITED a. No person shall park a vehicle upon a highway with an apparent display to offer for sale or rent, or advertise by sign on a vehicle a business, products or services or offer for sale or rent any vehicle, which is subject to registration under the California Vehicle Code, in residential or historic districts, as zoned in the City's General Plan, or for more than one hour in a single day in any other zone. b No person shall park more than one car offered for sale or rent on any highway within the City at any single time c No person shall rent or provide for any consideration any premises to another person or from another person for the purpose of selling automobiles without first obtaining a conditional use permit. d. Prior to advertising such a vehicle for sale, the owner shall pay to and obtain from the City License Manager a license to do so. The license fee shall be set by resolution of the City Council from time to time. The license requirement and its fee shall not apply to sellers exempt under following Sec. 7 -27 3 7 -27.3 ACTS NOT SUBJECT TO THIS SECTION a. The provisions of this section shall not apply to the registered owner of a vehicle when displaying advertising on a vehicle offering to sell or rent such vehicle, upon a public street that abuts residential property of which the registered owner or immediate family is the owner, lessee, or lawful resident, nor when displaying, advertising or offering such vehicle for sale or rent while in the act of operating such vehicle. b. Nothing is this subsection shall authorize the maintenance of a public or private ttUlcanCe, aS dPflrer{ unri °±' prn'1 I--s (`f!`-', Oth- -; 0M,-1 ��..i :iaaJf ; 0 (wnugencing with Section 22650) of Division 11 of the State Vehicle Code and this section. 7-274. SUPPLEMENTAL TO OTHER LAWS This section is not the exclusive regulation ofvehicles displaying commercial messages within the City It shall supplement and be in addition to the other regulatory codes, statutes, provisions of this Code and other city ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction. In the event of inconsistency, the most recently adopted' provisions from the other ordinance shall apply, but only to the extent of the particular inconsistency. n 7 -27.5. ENFORCEMENT OFFICER Except as otherwise provided in this section, the provisions of this section shall be administered and enforced by the Chief of Police. In the enforcement of this section, the Chief of Police and his deputies may examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of vehicle or part thereof declared to be a nuisance pursuant to this section. 7 -27.6 CITATION OF OFFENDING VEHICLE Each vehicle found to be in violation of this section may be cited by either a Police Officer, City Code Enforcement Officer, or Parking Enforcement Officer. A citation for violation of this section shall carry a fine as set by the City Council by resolution from time to time. 7.27.7. REMOVAL OF OFFENDING VEHICLE Any vehicle found to be parked in violation under this section shall be determined to constitute a nuisance per se, without the necessity of any further action, and'may be impounded pursuant to this section. 7 -27.8 AUTHORITY TO REMOVE VEHICLES BY CONTRACTORS UNDER FRANCHISE When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to remove or cause to the removal of a vehicle declared to be a nuisance pursuant to this section. The tow service and storage garage operator, upon signing CHP Report ofImpounded Vehicle, assumes full responsibility for the vehicle and its contents on each impound. 7 -2T9. ASSESSMENT OF ADMINISTRATIVE COSTS The City Council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, excluding actual cost of removal of any vehicle under this section. 7 -2710. APPEAL The legal owner and /or registered owner of a cited vehicle may appeal the towing and the attendant fines, administrative costs, and tow and storage charges pursuant to Vehicle Code Section 22852, and if successful, shall recover same from the City 3 7 -27.11 The provisions of this resolution shall not be in effect until proper placing of signs giving notice of prohibited parking shall have occurred. First read at a regular meeting of the City Council on the 21ST day of MAY, 2002 and adopted and ordered published at a regular meeting of said Council on the 4TH day of JUNE, 2002 PASSED, APPROVED and ADOPTED this 4TH day of JUNE , 2002. zy��ze- ARTURO REYES, yor City of Lynwood lu� - FAUSTIN GONZALES City Manager APPROVED AS TO FORM: MI . MONTGOMERY City Attorney, City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO CONTENT: PH Y. W G, P.E. Director of Environmental Services City Engineer STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of 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 4th day of June 2002 AYES: COUNCILMAN BYRD, PEDROZA, RICHARDS, RODRIGUEZ, AND REYES NOES: NONE ABSENT: NONE ABSTAIN: NONE Andrea L. Hooper, City Clerk STATE OF CALIFORNIA }' } ss. COUP•!T ' 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 correction copy of Ordinance No. 1518 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. dated this 4TH day of JUNE 2002 '� i