HomeMy WebLinkAbout2013-02-12; City Council; CS-204; Establish Rules Parking Oversized Recreational Vehicles...1
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ORDINANCE NO. CS-204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10,
CHAPTER 10.40 BY ADDING SECTION 10.40.180 TO
ESTABLISH RULES OF CONDUCT REGARDING THE
PARKING OF OVERSIZED AND RECREATIONAL
VEHICLES ON CITY STREETS AND RIGHTS OF WAY.
WHEREAS, the City of Carlsbad has seen an increase in complaints
regarding the parking and/or storage of Oversized Vehicles in residential and
commercial areas throughout the City; and
WHEREAS, safety issues such as inadequate sight distance from
driveways and intersections result when such Oversized Vehicles are parked on
public streets or rights of way in the City; and
WHEREAS, health concerns resulfing from the illegal dumping of sewage
waste from oversized vehicles is known to occur; and
WHEREAS, the parking and/or storage of oversized vehicles causes visual
blight in the City.
NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. That Title 10, Chapter 10.40 of the Carlsbad Municipal
Code is amended with the addifion of Secfion 10.40.180 as follows:
PARKING OF OVERSIZED VEHICLES
(a) Definitions. For purposes of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
(1) "Loading and Unloading" shall mean actively moving items to or from
an Oversized Vehicle including the activities required to prepare the
vehicle for travel or storage.
(2) "Out-of-Town Visitor" shall mean any person who does not reside in
the City of Carlsbad, who is temporarily visiting as a guest of a resident
of the City, and who has applied for and obtained an oversized vehicle
overnight parking permit.
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(3) "Oversized Vehicle" shall mean any motorized vehicle as defined of
Section 670 of the Vehicle Code or combination of motorized vehicles
and/or non-motorized vehicles or trailers that meets or exceeds twenty-
two (22) feet in length at any time or a combination of the two following
criteria, exclusive of fixtures, accessories or property: seven (7) feet in
height and seven (7) feet in width.
(i) To determine the height, width or length ofthe vehicles
defined in this section, any extension to the vehicle caused by
mirrors, air conditioners, or similar attachments as allowed by
35109, 35110 or 35111 of the Vehicle Code as may be amended
shall not be included.
(ii) Oversized Vehicle does not include pickup trucks, vans, or
sport utility vehicles, which are less than twenty-five (25) feet in
length and eight (8) feet in height.
(4) "Resident" shall mean a person who customarily resides and
maintains a place of abode or who owns land within the City of
Carlsbad. It shall not mean a person who maintains an address at a
post office box, mailbox drop, or who rents a room without it being
the primary place of abode.
(b) Overnight Parking Prohibition. No person shall stop, stand, park or
leave standing any Oversized Vehicle on any public highway, street or city parking
lot at any time between the hours of 2:00 a.m. and 5:00 a.m. unless othenA/ise
authorized by this article.
(c) Utility Connections Prohibited. No person shall permit, cause or allow
any electrical, water, gas, telephone or other utility connection (such as electrical
cords, extension cords, hoses, cables, or other items) to encroach into any public
right of way including across or above any street or sidewalk from a residential or
commercial property to an Oversized Vehicle or trailer parked on a public highway,
street or city parking lot.
(d) Overnight Parking Exceptions to Prohibitions. The provisions of Section
10.40.180(b) shall not apply to any ofthe following:
(1) Oversized Vehicles owned by a Resident or Out-of-Town Visitor
displaying a permit for overnight parking issued by the City Manager or his/her
designee in accordance with this article. The issuance of a permit shall not allow
any other activity othen^/ise prohibited by law.
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(2) Oversized Vehicles displaying a permit issued by the City Manager
to a Hotel as defined in Carlsbad Municipal Code Section 21.04.185 or a Motel as
defined in Carlsbad Municipal Code Section 21.04.273 for the exclusive use of its
registered guests.
(3) Oversized Vehicles involved in an emergency or being repaired
under emergency conditions. Emergency parking may be allowed for twenty-four
(24) consecutive hours where an Oversized Vehicle is left standing at the roadside
because of mechanical breakdown or because of the driver's physical incapacity
to proceed.
(4) Oversized Vehicles belonging to federal, state or local authorities or
public utilities that are temporarily parked while the operator of the Oversized
Vehicle is conducting official business.
(5) Oversized Vehicles actively engaged in the Loading and Unloading
and deliveries of person, merchandise, wares, supplies, goods or other materials
in the course of construction or other work from or to any adjacent building or
structure.
(6) The prohibitions provided in this article shall not apply to the parking
of any Oversized Vehicle during the pendency of any state of emergency declared
to exist within the City of Carlsbad by the City Council, City Manager or Governor.
(e) Overnight Parking Permit Conditions. Any Resident may obtain an
Oversized Vehicle overnight parking permit to park an Oversized Vehicle
registered to them adjacent to his/her residence. Any Resident may obtain an
Oversized Vehicle overnight parking permit to park an Oversized Vehicle
belonging to an Out-of-Town Visitor.
The City Manager or his/her designee may issue a permit for overnight parking of
an Oversized Vehicle to any Resident or Out-of-Town Visitor subject to the
following provisions:
(1) The Oversized Vehicle shall be owned, leased, rented by, or
registered to, a Resident or Out-of-Town Visitor.
(2) The Oversized Vehicle shall park at the street curb immediately
adjacent to the residence, or within four hundred (400) feet of that
person's residence if this area is not available for parking due to curb
configuration or codified parking restrictions.
(3) The Oversized Vehicle overnight parking permit shall be prominently
displayed in the lower driver's side ofthe windshield or the nearest
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window of the vehicle. The permit shall be clearly visible from the
exterior of the Oversized Vehicle and shall not cover the Vehicle
Identification Number. Trailers shall display the permit on the side of
the trailer so that the permit is visible from the street.
(4) The Oversized Vehicle shall not be used for camping, lodging,
residing or for accommodation purposes. Nothing in this ordinance
shall be construed to permit sleeping or camping in a vehicle as
prohibited by the Carlsbad Municipal Code.
(5) All Oversized Vehicle permit holders shall comply with the City of
Cartsbad street sweeping parking regulations pursuant to the Carlsbad
Municipal Code Section 10.40.150.
(6) The City Manager or his/her designee may deny or revoke an
Oversized Vehicle overnight parking permit if, upon a review of the
location where the Oversized Vehicle will be parked, the City Manager
or his/her designee determines that it would create a traffic hazard or
OthenA/ise would adversely affect public safety, traffic flow or access.
(f) Overnight Parking Permit Duration.
(1) Each Resident Oversized Vehicle overnight parking permit shall be
valid for one (1) year. A Resident Oversized Vehicle permit allows a
resident to park an Oversized Vehicle for four (4) periods of up to
seventy-two (72) consecutive hours per calendar month. The Oversized
Vehicle must be absent from the location authorized by section
10.40.180(e)(2) for a minimum of twenty-four (24) consecutive hours to
be lawfully parked overnight at the location again.
(2) Each Oversized Vehicle overnight parking permit issued to an Out-
of-Town Visitor shall be valid for a maximum of seventy-two (72) hours.
(3) No more than six (6) Out-of-Town Visitor permits shall be issued to a
Resident in a calendar year.
(g) Fraudulent Permit Penalty. Every person who displays a fraudulent,
forged, altered or counterfeit Oversized Vehicle parking permit or permit number is
guilty of a misdemeanor.
(h) Overnight Parking Permit Denial. The City may deny the issuance of an
Oversized Vehicle overnight parking permit for up to one year if the City Manager
or his/her designee finds that any of the following conditions exist:
(1)The applicant or the person the applicant is visiting is not a bona fide
Resident.
1 (2) The Resident or Out-of-Town Visitor guests of a Resident have been
2 issued two or more citations in the same calendar year for either
exceeding the allotted seventy-two (72) hour permit time and/or parking
3 greater than four hundred (400) feet from the designated residence or
land owned address.
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5 (3) The Out-of-Town Visitor is not a guest of the Resident applicant
6 (4) An owner of an Oversized Vehicle has procured any Oversized
Vehicle parking permit through fraud or misrepresentation, for example,
the information submitted by the applicant is materially false.
(5) The hotel or motel establishment is issuing Oversized Vehicle
9 permits to non-paying guests of the commercial establishment and/or
the guests are camping in the vehicle rather than residing in the
commercial establishment.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause
the full text of the ordinance or a summary of the ordinance prepared by the City
Attorney to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 29**^ day of January 2013, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 12*^ day of February, 2013. by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attomey
MATT HALL,^ Mayor
ATTEST: