HomeMy WebLinkAbout1993-09-28; City Council; 12426; PROHIBIT UNATTACHED TRAILERS OR SEMI-TRAILERS FROM PARKING ON PUBLIC STREETS OR PUBLIC PLACESu 2 6' .rl c
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AB tY - E PROHIBIT UNATTACHED TRAILERS DEPT.
MTG, 9/28/93 OR SEMI-TRAILERS FROM PARKING ON CITY A
CITY N DEPT. ENG
Cl3)OF CARLSBAD - AGEW BILL 1' ' s-. _" - -
PUBLIC STREETS OR PUBLIC PLACES
RECOMMENDED ACTION:
Introduce Ordinance No. rlS-A@ i to prohibit the parking of an unattached trailer or
trailer upon any street or public place except for the purpose of loading or unloadi
Adopt Resolution No. 93 -a% to establish the parking penalty for parking an unatt(
trailer or semi-trailer on any street or public place.
ITEM EXP LAN AT1 ON:
At the City Council meeting of April 20, 1993, the City Council directed staff to inves
the possibility of prohibiting unattached trailers from parking on public s
Subsequently, the City Attorney researched this matter and determined that thr
Council has the power to adopt provisions regulating the parking, standing or stopr
trailers on City streets based upon case law in the State of California.
Over the years, many complaints have been received by various City departments
different types of vehicles, including unattached trailers, that park on public streets.
left for long periods of time, the unattached trailers become unsightly, are a nuisa
the neighborhood, interfere with street sweeping operations and can create a PO
traffic hazard.
Because of the above referenced problems generated by unattached trailers, a Ci
enact an ordinance for the purpose of promoting traffic safety by requiring trailers
attached to a vehicle and not left unattached for extended periods of time. A
attached to a vehicle can be quickly moved in the event of an emergency and is prec
from traveling unguided on a city street.
If an ordinance were enacted, adequacy of public notice becomes an important
Proper notification must be given to the public. It is recommended that signs be in!
at all locations entering into the City of Carlsbad, including the streets at the Ink
Highway 5 off-ramps. The sign would indicate that parking of unattached trail
semi-trailers is prohibited in the City of Carlsbad. In addition to signing, the Ca
Police Department will make efforts, when feasible, to contact the individual owner
trailer via written notification that a violation is occurring. Both a notice on the trailc
by mail will be attempted before a citation is issued. The owner of a trailer recei
citation can expect to be fined an amount established in the Schedule of Parking Pei
for Parking Violations per Section 10.42.01 0 of the Carlsbad Municipal Code.
This item was discussed at the Traffic Safety Commission meeting of June 7, 1993,
5-0 vote, the Commission recommended that an ordinance be enacted to prohil
parking of unattached trailers or semi-trailers on public streets or in public places
Commission further recommended that adequate signing be installed at the roi
entrances to the City of Carlsbad.
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Page 2 of Agenda Bill No. ,g! Yg6
FISCAL IMPACT
Installing approximately twenty-five (25) signs will cost approximately $3,500. Su
funds are available in the Gas Tax Fund Balance to pay for the installation of the 5
U(H 1 BITS:
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1. Ordinance No. YI 3 -26 ( to prohibit parking of unattached trailers or semi-
upon any street or public place except for the purpose of loading or unloadin
2. Resolution No. 93 -a$?6 to establish the parking penalty for parking an unat
trailer or semi-trailer upon any street or public place.
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ORDINANCE NO, NS-261
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 ADDITION OF SECTION 10.40.151 TO
UPON ANY STREET OR PUBLIC PLACE EXCEPT FOR THE PURPOSE
OF LOADING OR UNLOADING
PROHIBIT PARKING OF UNAlTACHED TRAILERS OR SEMI-TRAILERS
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 am
the addition of Section 10.40.151 to read as follows:
"1 0.40.1 51 Parkina Prohibited of Unattached Trailers or Semi-Trailers:
No person shall park an unattached trailer or semi-trailer upon any street or pu
except for the purpose of loading or unloading."
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its ado
the City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance ar
to be published at least once in the Carlsbad Sun within fifteen (15) days after its ad
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Cou
- day of , 1993, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
, 1993, by the following vote, to \n of Carlsbad on the day of
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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RESOLUTION NO. 93-286
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING THE PARKING
PENALTY FOR PARKING AN UNAlTACHED TRAILER OR
SEMI-TRAILER UPON ANY STREET OR PUBLIC PLACE
WHEREAS, the City of Carlsbad enforces parking violations through the authori
California Vehicle Code and the Carlsbad Municipal Code; and
WHEREAS, effective July 1, 1993, Vehicle Code Section 40203.5(a) was amenc
that the governing body of the jurisdiction where the notice of violation is issued shall (
penalties, fees and other charges for parking violations; and
WHEREAS, the City Council is the governing body of the City of Carlsbad; an(
WHEREAS, Carlsbad Municipal Code Subsection 10.42.01 O(b) allows parking
to be set by Council resolution; and
WHEREAS, there are sufficient funds in the Gas Tax Fund Balance for necessary
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of (
California, as follows:
1. That the above recitations are true and correct.
2. That the parking violation penalty for parking an unattached trailer or semi
any street or public place in Carlsbad shall be established by the court for bail, pena
assessments pursuant to prior State law in the 1993 San Diego Misdemeanor Bail Sc
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3. This resolution shall become effective on the effective date of Ordi
No. NS-261.
4. That $3,500 is appropriated from the Gas Tax Fund Balance for the installa
necessary signs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
held on the 5th day of OCTOBER , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Finnila
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
ALETHA L. W6N (SEAL)
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