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HomeMy Public PortalAboutOrd. 1502ORDINANCE NO. 1502 AN 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 ~`v'HEREAS, t;ursuartt to Gu'vcrtuli,ni Coue Seciiorz poi%i, the City Council may deciarc, 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 buildings; and 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 ORDAIN 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 Ave~iue 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 an 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 o.f the body; not inch.~~lina mirrors_or other extensions, or having a height of eighty-four (84) inches or more, for any distance along an 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 necessar for the emergenc to pass. (d) For purposes of this section, the term "commercial vehicle" has the same meaning as in Vehicle Code Section 260(a) : Specificall , 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 propert .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 an commercial vehicle weighing 8 500 pounds or more or having a width equal to or greater than eight four (84) inches as measured at the widest ortlon of the bod not includin mirrors or other extensions, or having a height of eight -four (84) inches or more, on any art of any parcel of property any side or portion of which is located along Long Beach Boulevard In the City of L nwood ~2) This prohibition shall not apply to an vehicle• (a) which is immobile due to emergenc ,accident or mechanical nreakdown. Such vehicies ma remain parked for the period of time needed to either render the vehicle a ain 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 arked 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 necessary 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 m Vehlcle Code Section 260(a) • Specifically, a vehicle of a t pe re ulred to be registered under the Vehlcle 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 hOUSeC3TS are not comme?'Cla1. vel?1Clec r1Qr i,c anv.vanaool vehicle, State law reference: Authority to abate nuisance, Government Code Sections 38771, 38773. PASSED, APPROVED and ADOPTED this 16 day of January, 2001 ATTEST: PAUL H. RICHARDS, II, Ma r ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: S K. THE R, City Attorney City of Lynwood LP W. VIS, III, City Manager City of Lynwood APPROVED AS TO CONTENT: 1. JO PH Y. AN 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 acid adopted by the City Council of the City of Lynwood at a regular meeting held on the~_day of ~ anuary , 2001. AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES : NONE ABSENT: NONE ___/ 1 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. 1502 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 16 day of January , 2001. City Clerk