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HomeMy WebLinkAbout1993-06-07; Traffic Safety Commission; ; Investigate the possibility of prohibiting trailers from parking on public streetsCTIY OF CARLSBAD TRAFFIC SAFE1Y COMMISSION Sf AFF REPORT COMMISSION MEETING OF: June 7, 1993 ITEM NO.___@_ LOCATION: Citywide INITIATED BY: City Council REQUESTED ACTION: Investigate the possibility of prohibiting trailers from parking on public streets. BACKGROUND: DATA: At the City Council meeting of April 20, 1993, the City Council directed staff to investigate the above referenced matter and ultimately prepare a report for discussion and recommendation by the Traffic Safety Commission. In his memorandum of April 28, 1993, the City Attorney states that the City Council has the power to adopt provisions regulating the parking, standing, or stopping of trailers on City streets. His advice is based upon case law in the State of California. Over the years, the Police Department and staff in various departments have received complaints about different types of vehicles being parked on public streets. These vehicles have included, but not been limited to, trailers, boats on trailers, camping trailers, recreational vehicles and large trucks. It is usually indicated that the vehicle is unsightly, a nuisance in the neighborhood and/or a potential traffic hazard. Case law has demonstrated that a city may enact an ordinance for the purpose of promoting traffic safety by requiring trailers to be attached to a vehicle and not left parked unattached for extended periods of time. Section 22507 of the California Vehicle Code contains a key provision requiring that " ... no such ordinance or resolution shall apply until signs or markings giving adequate notice thereof have been placed." Adequacy of notice becomes a significant issue in this matter. The City of San Diego has enacted an ordinance to prohibit the parking of a trailer upon any street except when the trailer is being loaded or unloaded. However, the Chief of Police for San Diego recommends that the ordinance not be enforced until fully publicized. Again, the notice to the public or adequacy of notice of the ordinance is a significant issue to be resolved. TRAFFIC SAFElY COMMISSION Staff Report COMMISSION MEETING OF: June 7, 1993 (Continued) ITEMNO . ..Q}L Notice to the public could be achieved by several methods. One method would be to sign each roadway entering the city limits. The unique street layout of Carlsbad would limit these entering points to a total of ten (10) locations, excluding freeway interchanges. A second option would be for the Police Department to place a warning citation on the trailer indicating that it would be cited and/or towed within 24 hours if not moved. Additionally, a combination of the above two methods to notify the public of the parking restriction could be initiated. Because the parking of trailers occurs randomly throughout the City of Carlsbad on many streets it would not be feasible to selectively designate streets upon which the parking of trailers is prohibited. Any ordinance prohibiting the parking of trailers must be applicable to all public streets in Carlsbad. However, the ordinance should not apply to a trailer or semi-trailer attached to a vehicle capable of moving the trailer or semi-trailer in a normal manner upon the highway, street, alley, public way or public place. RECOMMENDATION: The Traffic Safety Coordinating Committee recommends that signs be installed at the roadway locations entering the City of Carlsbad, including street overcrossings or undercrossing of Interstate Highway 5 to notify the public of the trailer parking prohibition. Suggested wording for the sign could be "Parking of unattached trailers and/or semi-trailers on public streets prohibited." It would be appropriate to include the Carlsbad Municipal Code Section on the sign. It is further recommended by the Committee that the ordinance state "No person shall park an unattached trailer or semi-trailer upon any street or public place except for the purpose of loading or unloading." NECESSARY CI1Y COUNCIL ACTION: An ordinance will be required to be adopted by the City Council to establish an ordinance to prohibit unattached trailers from parking on public streets.