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