HomeMy WebLinkAbout1984-10-02; City Council; 7895; Displaying of Vehicles for Sale on City Streetsso a
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CITY "'F CARLSBAD -AGENDA' ~1LL
AB#'lf:o/S-
MTG. 10/2/84.
DEPT. POL
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AMENDMENT TO CARLSBAD MUNICIPAL CODE TITLE 10,
CHAPTER 10.40, SECTION 10.40.015 REGARDING
DISPLAYING OF VEHICLES FOR SALE ON CITY STREETS
DEPT. HD.~~
CITY ATTY.-==:::::3f-
CITY MGR.~-
RECOMMENDED ACTION:
Introduce amended Ordinance 10.40.015 to remove consititutional objections to the
section as presently written.
ITEM EXPLANATION:
Section 10.40.015(2) of the Carlsbad Municipal Code prohibits parking of vehicles
on city streets for the prinicipal purpose of displaying such vehicle for sale.
The North County Municipal Court has recently held the ordinance as \'1ritten,
unconstitutional. Amendment of the ordinance as proposed will make the section
constitutionally acceptable und shouid make it easier to enforce by removing the
subjective wording currently in the ordinance.
FISCAL IMP.O.CT:
A fine of $12.00 is imposed for each violation.
No additional cost as a result of this amendment.
EXHIBITS:
• I •
2.
3.
Ordinance No. 3/ 7S-.
Copy of existing Ordinance 10.40.015.
Memorandum from City Attorney to Police Chief.
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II
II
ORDINANCE NO. 3175 --------
AN ORDINANCE OF THE CIT¥ COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 10, CHAPTER
10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 10.40.015 REGARDING DISPLAYING
OF VEHICLES FOR SALE ON CITY STREETS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 10, Chapter 10.40 of the
Carlsbad Municipal Code is amended by the amendment of Section
10.40.015 to read as follows:
( ) No persons a stan or par any commercial
vehicle on any street fer the purpose of loading or unloading
any merchandise or goods except in authorized loading zones as
provided in Section 10.40.185.
(2) No person shall stand or park any vehicle on any
street while displaying such vehicle for sale or selling
merchandise therefrom unless authorized by other provisions of
this Code. A vehicle shall not be considered to be displayed for
sale when it is legally parked on a public street if the vehicle
contains a for sale sign not greater than eight and one half
inches (8 1/2") by eleven inches (11") and the sign is plac~d on
a side window and presents no impediment to the view of the
driver when the vehicle is in operation.
(3) No person shall stand or park any vehicle on any
street for the purpose of washing, greasing or repairing the
vehicle, except for repairs necessitated by an emergency."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd
1984, and thereafter
day of Octobe;:-,
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 9th day of October , 1984 by the
following vote, to wit:
AYES : Comicil Manbers easier, I.ewis, Kulchin, Chick and Prescott
NOES : N'.>re
ABS ENT: None
ASLER, Mayor
ATTEST:
3
r ·o.40.oio--10.40.020
(b) The provisions of this chapter imposing a time
limit on si!anding or parking shall not relieve any person
from the duty to observe other and more restrictive pro-
visions of the state Vehicle Code or the ordinances of the
city, prohibiting or limiting the standing or parking of
vehicles in specified places or at specified times. (Ord.
3005 §55).
10.40.010 Parking for seventy-two or more consec;:utive
hours prohibited--Removal of vehicle. (a) No person shall
cause or allow any vehicle owned by him or in his possession,
custody or control, to be parked upon any street, alley or
publicly owned parking lot for seventy-two or more conse-
cutive hours.
(b) Any member of the police department may remove
any vehicle parked upon any street, alley or publicly owned
parking lot for seventy~two or more consecutive hours and
shall, upon such removal, deal with such vehicle as provided
in Sections 22650 through 22856 of the Vehicle Code of the
state. (Ord. 3135 §1, 1981: Ord. 3067 §1; Ord. 3005 §56).
10.40.015 Prohibited ur oses for · on roadway.
No persons all park a vehicle upon any roa way for the
principal purpose of:
(1) Loading or unloading from any commercial vehicle
any merchandise or goods, except in authorized loading
zones as provided in Section 10.40.085;
(2) Displnying such vehicle for sale;
( 3) Washi. ,g, greasing or repairing such vehicle ex-
cept repairs necessitated by an emergency. (Ord. 3005 §57).
10.40.020 Parking parallel with curb. (a) Subject
to other and more restrictive limitations, a vehicle may
be stopped or parked within eighteen inches of the left-
hand curb facing in the direction of traffic movement upon
any one-way street unless signs are in place prohibiting
such stopping or standing.
(b) In the event a highway includes two or more se-
parate roadways and traffic is restricted to one direction
upon any such roadway, no person shall stand or park a
vehicle upon the left-hand side of such one-way roadway
unless signs are .in place permitting such standing or park-
ing.
(c) The city traffic engineer is authorized to deter-
mine when standing or parking shall be prohibited upon the
left-hand side of any one-way street or when standing or
parking may be permitted upon the left-hand side of any
one-way roadway of a highway having two or more separate
roadways and shall erect ~igns giving notice thereof.
(Ord. 3005 §58).
164 (Carlsbad 12/81)
September 4, 1984
TO:
FROM:
Police Chief
City Attorney
PARKING VEHICLES FOR SALE
Recently Commissioner Ornelas found a person not guilty of
violating section 10.40.015(2) of the Carlsbad Municipal Code
because he believed the section to be unconstitutional. It is
our opinion that his decision is wrong, however, because
jeapardy had already attached we canot appeal the decision.
Further court challenges to the present ordinance may be
expensive. It is our opinion that it would be more cost
effective to amend the ordinance to remove any constitutional
objections. The attached ordinance will amend Section 10.40.015
of the Carlsbad Mui,icipal Code. The amendment is modeled after
the San Diego City ordinance on the same subject.
If you think the change is warranted please draft an agenda
bill for Council.
Q=s~.---
Assistant
rmh
E
orney
.,
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