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HomeMy WebLinkAbout1996-04-23; City Council; NS-358; CMC 10.40.015(b) amend - Prohibit private vehicle sale on public ROW...e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ORDINANCE NO. NS-358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION 10.40.015(b) PROHIBITING PRIVATE VEHICLE SALE ADVERTISEMENT ON A PUBLIC RIGHT OF WAY AND AUTHORIZING A PEACE OFFICER TO REMOVE SUCH VEHICLES FROM PUBLIC LANDS. The City Council of the City of Carlsbad, Califorr does ordain as follows: SECTION I: That Title 10, Chapter 10.40 of Carlsbad Municipal Code is amended by the amendment subsection 10.40.015(b) to read as follows: 'I (b) (1) No person shall stand or park any vehiclc any street or public right-of-way when it appears because c sign or placard on the vehicle that the primary purpose parking the vehicle at that location is to advertise to public the private sale of that vehicle. (b) (2) Any peace officer or regularly employed salaried employee engaged in directing traffic or enforc parking laws and regulations of the city may remove a vehj located within the territorial limits in which the officer employee may act when the vehicle is found upon a street public lands if: (A) Because of a sign or placard on the vehj it appears that the primary purpose of parking the vehiclc that location is to advertise to the public the private salt that vehicle; and (B) Within the past 30 days the vehicle is k~ to have been previously issued a notice of parking violat: under section (b)(l) which was accompanied by a no1 containing all of the following: i) a warning that an additional par1 violation may result in the impoundment of the vehicle; ii) a warning that the vehicle may impounded pursuant to Vehicle Code section 22651.9, even moved to another street, so long as the signs or placz offering the vehicle for sale remain on the vehicle; iii) a statement that all City streets public lands are subject to the provisions of secl 10.40.015(b) (1) and (2). (C) The notice of parking violation was is: at least 24 hours prior to the removal of the vehicle. (D) Vehicle Code Section 22852, incorpori herein by reference, applies to the removal of any veh: pursuant to this section." e 0 Om &JJ$ Yr rru~ i:;L? an8 $055 Ed= ;G;; Si32 cF5 OZJO ““50 002 LOUI 00 aoA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 I I EFFECTIVE DATE: This ordinance shall be effect thirty days after its adoption; and the city clerk shall cerl the adoption of this ordinance and cause it to be publishec least once in a newspaper of general circulation in the Cit! Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council on the 16th day of APRIL # I! and thereafter PASSED AND ADOPTED at a regular meeting of the ( Council of the City of Carlsbad on the 23rd day of APRIL 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY n l&L€a.D* & RONALD R. BALL, City Attorney cf. 2r- $6, ATTEST : Z, City Clerk istant City Clerk I 2 I II