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HomeMy WebLinkAbout2013-02-12; City Council; CS-204; Establish Rules Parking Oversized Recreational Vehicles...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 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. 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 (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. 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 (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 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 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. 4 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. 11 12 13 II // 14 15 16 // 17 // 18 // 19 // 20 // 21 22 " 23 // 24 // 25 // 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 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: