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HomeMy Public PortalAboutOrd. 1495ORDINANCE NO. 1495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 7-20.2(a) OF AND ADDING SECTION 7-20.20 TO THE LYNWOOD MUNICIPAL CODE WHEREAS, the City of Lynwood is a general law city located in the County of Los Angeles, and organized and existing under and by virtue of the laws and constitution of the State of California; and WHEREAS, the right to operate motor vehicles - a potentially dangerous undertaking - in public places is not a natural and unrestrained right, but rather a privilege subject to reasonable regulations enacted under the police power and in the interest of public safety; and WHEREAS, the legislative power to regulate travel over public roads is thus extensive and may be exercised in any reasonable manner to conserve the safety of travelers and pedestrians; and WHEREAS, pursuant to California Vehicle Code Section 21, a local government may, in the interest of the public welfare, enact and enforce an ordinance relating to the use of motor vehicles on public roads when authorized by State law to do so; and WHEREAS, California Vehicle Code Section 22651.9(a)(4) allows city governments, by resolution or ordinance, to authorize the removal and impound, under certain circumstances, from public streets of vehicles advertised for private sale; and WHEREAS, Vehicle Code Section 22651.9 requires that, in the case of such removals, the vehicle owner beoffered apost-storage hearing, in accordance with the requirements of `v'e-iGle Cone Section 2252, tc determine the validity of the removal and impound; and WHEREAS, vehicles parked on public streets with the apparent primary intention of advertisement for private sale can pose unwelcome distractions and obstructions to traffic and pedestrians the City; and WHEREAS, the City, under the authority granted it by Vehicle Code Section 22651.9 and related laws, wishes to be able to impound such vehicles; NOW, THEREFORE, THE CITY COUNCIL OF THE-CITY OF LYNWOOD DOES HEREBY ORDAIN IS FOLLOWS: Section 1. That Section 7-20.2(a) of the Lynwood Municipal Code be revised to read as follows: 7-20.2 Parking for Certain Purposes Prohibited. No person shall park a vehicle upon any roadway for any of the following primary purposes: (a) For the a~arent primary purpose of displaying the vehicle for sale. Such vehicles which include but are not limited to those bearing a "For Sale" ~ sign. "Se Vende" sign, or sign in any language conve~g a similar offer or intent to sell or bearing a price and telephone number shall be subject to impound under the circumstances and according to the procedures described in Section 7-20.20(d). Section 2. That the following words be added immediately after Section 7-20.2 and immediately before Section 7-20.3: State law reference: Vehicle removal for rivate sale advertisement. Vehicle Code, Secs. 22651.9 and 22852 Section 3. That Section 7-20.20(d) be added to the Lynwood Municipal Code, to read as follows: Vehicles pazked for the appazent primazv purpose of display for sale Such vehicles shall be removed under the followin circumstances and accordin to the fo llo wing_procedures (1) Any peace officer or any re ularly employed and salaried city employee enQa~ed m duectm~ traffic or enforcing_pazking laws and regulations in the Crt,~! m~ imoound and store a vehicle parked within the limits of his or her jurisdiction if: (A) Because of a sign or placard on the vehicle it appeazs that the primary puroose of pazkin~ the vehicle at that location is to advertise to the public the private sale of that vehicle• and (B) Within the past thirty~30~ days the vehicle has previously been issued a notice of pazkin~ violation by the City which was accompanied by a notice containing in addition to all standazd lan~uaae used in City azking citations all of the following lang_uag_e•. "Sections 7-20.2(a) and 7-20 20(d of the Lynwood Municipal Code, authorized by Section 22651 9 of the California Vehicle Code, and duly adopted by the Lynwood City Council authorize the impoundment of vehicles which because of a sign or placard on the vehicle, appear to have been parked with the primary purpose of advertising to the public the private sale of that vehicle h'ori the-street or [,iiii~c, ldrids cn Wl'iiGli they are located " "You are hereby warned that your vehicle may be impounded pursuant to this Section 7-20 20(d of the Lynwood Municipal Code, even if moved to another street so long as the sib s) or placard(s) offering the vehicle for sale remain on the vehicle " "The prohibition in Section 7-20 2(aZagainst pazking, the vehicle ~plv throushout the streets and public areas of the City of Lynwood." "An additional violation may thus result in the impoundment of the vehicle." (2) The City peace officer or other employee who directs the impoundment and storage of a vehicle pursuant to Section 7-20 20(d~(1) above shall using the following procedures provide the vehicle's registered and legal owners of record, or their agents with the opportunit for a poststorage heazing to determine the validity of the impound and storage of their vehicie. .,a (A) Notice of storage and of right to a hearing. A notice of the impound and storage shall be mailed or personally delivered to the registered and legal owners within 48 hours excluding weekends and holidays. The notice shall in addition to containing the relevant names addresses and telephone numbers in the blank spaces set forth below read as follows• "CITY OF LYNWOOD PARKING ENFORCEMENT DIVISION •; . f, 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220, Extension 265" for where the impound was made by the Los Angeles County Sheriff s DeQartment) "LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 11703 Alameda Street Lynwood, CA 90262 (310) 537-6111" "DATE. " Your vehicle, a (NAME OF MAKE AND MODEL HERE License Plate Number (LICENSE NUMBER HERE), with a milea~of~MILEAGE HERE), has been impounded pursuant to Lynwood Citv Code Sections 7-20.2(a) and 7-20.20(d) of the Lynwood Municipal Code. "It was impounded because, despite a previous citation, (SPECIFY CITATION NUMBER HERE) issued on (SPECIFY DATE OF PREVIOUS CITATIONZyour vehicle was found on (SPECIFY DATE AND TIME parked on (SPECIFY STREET OR OTHER PUBLIC AREA) a street or public area within the City of Lynwood with - ~ud~ing by the presence of a sign or placard on the vehicle -the apparent primary purpose_of advertising to the public the private sale of the vehicle. "The ve//~~hicle~is currTe~n7t~ly being; storedd at/~(ADDRESS7-OF CITY .. - GAP~LLE OR OTi-71:.1 ~1 O3Zt11n7L'.:'1::~l.ATIV~T I~1~E) " "Pursuant to California Vehicle Code Section 22852 and Lynwood Municipal Code Section 7-20.20(d)(2), You are entitled to a poststora~e hearing to determine the validity of the impound and storage of your vehicle." "To receive your poststora~e hearingLyou or your agent must request the hearing~n~erson at or in writing sent to the address at the top of this notice or b~phone at the number at the beginning of the notice within ten (l0~working; days of the date ~~earing on the top of this notice." "The poststoraee hearing will be conducted within forty-eight (48 hours of receipt of your request excluding weekends and holiday Please bring to the hearing any documents or evidence which you believe show that the impound was not justified. If you wish, ~u may brim with you, or be represented bean attorney or other authorized agent." "If you request a poststorage hearing but oar your representative fails to attend the City will have satisfied its obligations to offer you a hearing and will consider the impound valid." (B) Procedures for the hearing. ~1) Timing. The poststorage hearing; must be conducted within forty-e~ht (48) hours of receipt of the request, excluding weekends and holidays. (2) Location. Where the vehicle was impounded under the direction of the Citv Parking Enforcement Division the hearing shall be held in the offices of the Citv Parking Enforcement Division at 11330 Bullis Road Lynwood CA 90262 Where the impound was directed by the Los Angeles County Sheriff s Department, however the hearing must be held at the Sheriffs station at 11703 Alameda Street Lynwood CA 90262 (3) Hearing Officer. A hearing officer shall direct the hearing The hearms officer shall be the supervisor of the City officer or employee who directed the storage of the vehicle If the supervisor is not available to serve as hearing officer another emplo ee or representative of the department of the City directing the storage of the vehicle, shall serve the role of hearing officer (4) Evidence and Arguments At the hearing the party contesting the vahdrtv of the impound or if the party so chooses an agent such as an attorney or both the party and the a ent)and a representative of the Citesdepartment which impounded the vehicle (who may be the person who directed the impound shall be ig yen fifteen (15) minutes each to offer evidence including written evidence or photographs re arding the validity or lack thereof of the impound. Either or both sides may at the reasonable discretion of the hearine officer be given more time to present evidence and arguments. (5) Recording. Either party to the hearin may make an audio recording of part or all of the hearingiproviding that the hearing officer and the other party is verbally notified before the recording begins. The hearing officer may also record part of all of hearing provided that both parties are notified beforehand (6) Decision and Announcement At the end of the hearing the hearing officer shall announce his or her decision verbally and shall give the party contesting the storage directly or through the U S Mail, a written record of the decision If the party contesting the storage prevails at the hearing the hearing officer shall verbal and in writing direct the representative of the City department which directed the storage to immediately release the vehicle to the party. If the party contesting the storage does not prevail at the hearing, the party shall be notified verbally and in writing, of the proper procedure for releasing their vehicle from storace (C) Failure of either the registered or legal owner or his or her a eg nt to request or to attend a scheduled hearing shall satisfy the poststora~ hearin requirement. (D) The a~encv employing the person who directed the storage is responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established (E) Pursuant to California Vehicle Code Section 22852(f) the procedures set forth in this Section 7-20 20(d)(2) do not appl~to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to California Vehicle Code Sections 22660 to 22668 inclusive and Section 22710 or to vehicles impounded ,pursuant to Section 22665 or to vehicles removed from private propertypursuant to Section 22658 Pursuant to Section 22852(8) the procedures in Section 7-20 20(d)(2) likewise do not apply to abandoned vehicles removed pursuant to Vehicle Code Section 22669 which are determined by the City to have an estimated value of three hundred dollars ($300) or less ~, '' i ~~ . < 4. After Section 7-20.20(d), add the following sentence: State law reference: Vehicle removal for private sale advertisement, Vehicle Code, Section 22651.9; Poststorage hearings, Vehicle Code, Section 22852. LOUIS BYRD, Ma or ATTEST: City of Lynwood (.~Y~2~-~cs- '` ~~,~~c~/ ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: SHAN K. THEVER, City Attorney /~'n'~' City of Lynwood ~/// RAL . D III, CITY MANAGER City of Lynwood APPROVED AS TO CONTENT: ose h Wang, i e or of Envir mental ices I hereby certify that the foregoing ordinance was passed by the City Council of the City of Lynwood, at its meeting of July 18, 2000 ~~~ -, Andrea L. Hooper, City Clerk Approved: Louis Byrd, RRa r City Of Lynwood Approved as to form and Legality City Attorney ~r~~ STATE OF' CALIFOI~TIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the attached and foregoing is a full, true and correct copy of Ordinance No. 1495 on file in my office and that said ordinance was first read at a reg~~lar meeting on the 5`" day of J~~ly, X000, and adopted on the 18~' day of .Iuly, 2000, and becomes effective after 30 days, by the following vote: AYES: COUNCILMEN REA, REYES, RICHARDS, SANCHEZ, BYRD NOES: NONE ABSENT: NONE City Clerk, City of Lynwoo~~