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~~