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HomeMy WebLinkAbout1984-10-02; City Council; 7895; Displaying of Vehicles for Sale on City Streetsso a U"I r-- r-1 M . ~ . 'E 0 ~ ~ ~ ·r-1 0 r-1 lJJ ·a > § 0 0:: 8 Cl. a. qo < (X) cli I .. 0 r-! z 0 -ti •( ..I 0 z ::, 0 (J FF - ,...;.~ CITY "'F CARLSBAD -AGENDA' ~1LL AB#'lf:o/S- MTG. 10/2/84. DEPT. POL fill.,§; 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. I ., I l 2 3 4 5 6 7 8 9 10 11 12 0 < ID (I) 13 1/) ..J ~ • a: a: < a, ., u 14 du. w~ 00 ::JZ z z a: ~WO ~ -~!:!: 15 u: t;> 3 ;;! wO I->-~ . 16 zW 0 ~~-~ zo !'.l 17 ;: I= a: < < ~ 0 18 u 19 20 21 22 23 24 25 26 27 28 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;:-, ,. / I ---~ --~ l 2 3 4 5 6 7 8 9 10 ll 12 C C( ID a, 13 u, ..J 8 • a; N a: < en -, t.> < 14 OLLW-co:::, z z z a: j:: w 0 I ~-~!: 15 (.J :Ii ..J u: . .JC( > w (.J 16 ~~8ci ~a:~ ;a ~ ~ ~ J.7 > a: < < ~ tJ u 18 19 20 21 22 23 24 25 26 27 28 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 ., --6