HomeMy Public PortalAboutOrd. 1499ORDINANCE NO. 1499
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING SECTION 7-17.1 OF, AND ADDING SECTIONS 7-17.2
AND 7-17(J) 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 35701 allows a City to prohibit, by
ordinance, the use of a street by any commercial vehicle so long as appropriate signs are
erected indicating the streets affected by the ordinance or those not affected; and
WHEREAS, California Vehicle Code Section 21101 similarly allows a City to prohibit,
by ordinance or resolution, the use of particular highways by certain vehicles; and
WHEREAS, commercial trucks driven on Long Beach Boulevard in the City of Lynwood
have posed substantial inconveniences and hazards to other traffic on this street,
particularly when the commercial trucks turn, back into the street, or break down;
WHEREAS, these inconveniences and hazards may intensify during and after
construction of the Alameda Corridor; and
WHEREAS, California Government Code 38773 allows the City to summarily abate both
current and potential nuisances; and
WHEREAS, California Civil Code Section 3479 includes, in its broad definition of what
constitutes a regulable nuisance, anything which is indecent or offensive to the senses,
obstructs the free use of property so as to interfere with the comfortable enjoyment of life
or property, or unlawfully obstructs the free passage or use, in the customary manner, of
any public street or highway; and
WHEREAS, pursuant to Government Code Section 38771, the City Council. may declare,
by ordinance, what constitutes a nuisance; and
WHEREAS, trucks parked on commercial property along Long Beach Boulevard
interfere with the provision of emergency services when, by their presence, they prevent
police, fire fighters, and paramedics from easily accessing the rear entrances of nearby
~ buiidulgs; zlild
WHEREAS, trucks parked along Long Beach Boulevard are also aesthetically
unattractive; and
WHEREAS, for these reasons the City Council declares the parking of such trucks on
commercial property along Long Beach Boulevard to be a nuisance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY OR_D_A_IN iS FOLLOWS:
Section 1. That Section 7-17.1 be rewritten to read as follows:
7-17.1 Establishment and Designation of Truck Traffic Routes. The
streets and highways in the City hereinafter identified are designated as truck
traffic routes, and the Traffic Engineer shall cause signs to be erected giving
notice thereof:
Alameda Street
Atlantic Avenue
Drury Lane
Imperial Highway
Martin Luther King Jr. Boulevard
Norton Avenue from Drury Lane to Santa Fe Avenue
Santa Fe Avenue from Martin Luther King Jr. Boulevard to Norton
Avenue
Stanford Avenue
Wright Road from Duncan Avenue to Martin Luther King Jr. Boulevard
Section 2. That a new Section 7-17.2 be added, to read as follows:
7-17.2. OPERATING COMMERCIAL VEHICLES ON LONG BEACH
BOULEVARD PROHIBITED.
(a) Notwithstanding any other provision of this Code, it shall be unlawful
for any person to operate commercial vehicle weighing 8,500 pounds or
more or having a width equal to or greater than eighty-four (84) inches as
measured at the widest portion of the body, not including mirrors or other
extensions, or having a height of eighty-four (84) inches or more, for any
distance along any part of Long Beach Boulevard in the City of Lynwood.
b This prohibition shall be noticed by the City Traffic Engineer in
accordance with Section 7-18 of this Code.
(c) This prohibition does not apply to commercial vehicle which
temporarily turns onto Long Beach Boulevard as an unavoidable result of
an emergency which threatens life or safety and for such time as is
necessary for the emergency to pass.
(d) For purposes of this section, the term "commercial vehicle" has the
same meaning as in Vehicle Code Section 260(a) : Specifically, a vehicle
of a type required to be registered under the Vehicle Code, used or
maintained for the transportation of persons for hire, compensation, or
profit or designed, used, or maintained primarily for the transportation of
property. Passenger vehicles which are not used for the transportation of
persons for hire, compensation, or profit and housecars are not commercial
vehicles, nor is any vanpool vehicle.
State law reference: Authority to prohibit the use of streets and
-highways by certain vehicles, Vehicle Code Sections 35701, 21101.
Section 2. That a new Section 7-17(j) be added to the Lynwood Municipal Code to read
as follows:
(j) Parking of commercial vehicles on property located along Long Beach
Boulevard prohibited.
(1) It is unlawful to park or leave standing any commercial vehicle
weighing 8,500 pounds or more or having a width equal to or greater than
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eighty-four (84) inches as measured at the widest portion of the bod ,not
including mirrors or other extensions, or having a height of eighty-four
(84) inches or more, on any part of any parcel of property any side or
portion of which is located along Long Beach Boulevard in the City of
Lynwood.
(2) This prohibition shall not apply to any vehicle:
(a) which is immobile due to emergency, accident or mechanical
breakdown. Such vehicles may remain parked for the period of
time needed to either render the vehicle again safe and fit for
travel; or to remove the vehicle to a garage or other location at
which it can be so made. In no event, however, shall such a vehicle
remain parked for more than eight (8) hours.
(b) which is parked in connection with and in aid of the
performance of a service to or on property on which the vehicle is
parked, and for such time as is reasonably riecessary to complete
such permitted service.
(c) which is in the process of loading or unloading.
(3) For purposes of this section, the term "commercial vehicle" has the
same meaning as in Vehicle Code Section 260(a) : Specifically, a vehicle
of a type required to be registered under the Vehicle Code, used or
maintained for the transportation of persons for hire, compensation, or
profit or designed, used, or maintained primarily for the transportation of
property. Passenger vehicles which are not used for the transportation of
persons for hire, compensation, or profit and housecars are not commercial
vehicles, nor is any vanpool vehicle.
State law reference: Authority to abate nuisance, Government Code
Sections 38771, 38773.
PASSED, APPROVED and ADOPTED this 7thday of NOVEMBEf~2000.
ATTEST:
L UIS BY y r
City of Lynwood
6 c1 ~ a
ANDREA L. HOOPER, Cit Clerk
City of Lynwood
APPROVED AS TO FORM:
SH~ K. THEVER City Attorney
h
RA VIS, III, City Manager
City of Lynwood
APPROVED AS TO CONTENT:
JO EPH Y. W NG
Director of Public Works/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 7th day of November , 2000.
AYES: COUNCILMEN REA, REYES, RICHARDS, SANCHEZ, BYRD
NOES: NONE
ABSENT: NONE
,'
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. 1499 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 November , 2000.
Citv Clerk
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