HomeMy WebLinkAbout1996-04-16; City Council; 13612; AN ORDINANCE RESTRICTING THE PARKING OF A VEHICLE IN A PUBLIC RIGHT OF WAY TO ADVERTISE THE PRIVATE SALE OF THAT VEHICLE AND AUTHORIZING A PEACE OFFICER TO REMOVE SUCH VEHICLES FROM PUBLIC LANDSI
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CITY OF CARLSBAD - AGENDA BILL
VEHICLE IN A PUBLIC RIGHT OF WAY TO ADVERTISE THE
PRIVATE SALE OF THAT VEHICLE AND AUTHORIZING A
PEACE OFFICER TO REMOVE SUCH VEHICLES FROM PUBLIC
RECOMMENDED ACTION:
standing in a public right of way when it appears because of a sign or placard o
that the primary purpose of parking the vehicle at that location is to advertise to 1
private sale of that vehicle, and which provides for removal of such vehicle:
ITEM EXPLAN AT1 0 N :
Carlsbad Municipal Code section 10.40.01 5(b) currently provides that no person q
vehicle on any street while displaying such vehicle for sale or selling merchand
unless authorized by other provisions of this code. It specifically provides that i
not be considered to be displayed for sale when it is legally parked in a public s
vehicle contains a "for sale" sign not greater than eight and one-half inches by (
and the sign is placed on a side window and presents no impediment to the view
when the vehicle is in operation.
and authorizes the removal of a vehicle from a public right of way by any peace
of way for the primary purpose of advertising its sale is preferable to the limital
an impediment to the view of the driver when the vehicle is in operation, sii
Page 2 of Agenda Bill c 0. 13; (c / 2 0
The sale of merchandise from a vehicle is prohibited by Carlsbad Municipal C
8.32.01 0, "Display, sale or storage on public right-of-ways prohibited" except f
food or beverages from a motor vehicle specifically equipped for such sales wher
first been obtained. There is no need to reiterate this prohibition in Carlsbad Mt
section 10.40.01 5(b) and confuse the sale of merchandise from a vehicle with
vehicle itself.
The proposed ordinance allows officers to remove a vehicle in violation of the or1
proper notices have been given pursuant to Vehicle Code section 22651.9.
a) Because of a sign or placard on the vehicle it appears that the primal
parking the vehicle at that location is to advertise to the public the private sale 01
Within the past 30 days the vehicle is known to have been previo
notice of parking violation, under local ordinance, which was accompanied
containing all of the following:
(A) a warning that an additional parking violation may r
(B)
Vehicle Code section 22651.9 provides for removal when:
(1)
(2)
impoundment of the vehicle;
a warning that the vehicle may be impounded pursuant to
section 22651.9, even if moved to another street, so long a
placards offering the vehicle for sale remain on the vehicle,
(C) a listing of the streets or public lands subject to the ordina
streets are covered, a statement to that effect.
(3) The notice of parking violation was issued at least 24 hours prior to tl
the vehicle.
(4) The City has by ordinance authorized the removal of vehicles pur
section from the street or public lands on which the vehicle is located.
b) Vehicle Code Section 22852 concerning storage of vehicles applies to the rc
vehicle pursuant to this section.
FISCAL IMPACT:
The proposed ordinance has no fiscal impact, since no dramatic increase or de
issuance of citations for signs on vehicles is contemplated by this revision.
EXHIBITS:
1, Ordinance No, AISL- 358
2. Exhibit "A".
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ORDINANCE NO. NS-358
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE
PROHIBITING PRIVATE VEHICLE SALE ADVERTISEMENT
ON A PUBLIC RIGHT OF WAY AND AUTHORIZING A
PEACE OFFICER TO REMOVE SUCH VEHICLES FROM
PUBLIC LANDS.
The City Council of the City of Carlsbad, Calif,
BY THE AMENDMENT OF SUBSECTION 10 o 40 a 015 (b)
does ordain as follows:
SECTION I: That Title 10, Chapter 10.40 o
Carlsbad Municipal Code is amended by the amendmei
subsection 10.40.015(b) to read as follows:
"(b) (1) No person shall stand or park any vehi
any street or public right-of-way when it appears becausc
parking the vehicle at that location is to advertise t public the private sale of that vehicle, Any peace officer or regularly employ( salaried employee engaged in directing traffic or enfc parking laws and regulations of the city may remove a VE located within the territorial limits in which the offic employee may act when the vehicle is found upon a stre public lands if: Because of a sign or placard on the VE it appears that the primary purpose of parking the vehic that location is to advertise to the public the private si that vehicle; and Within the past 30 days the vehicle is to have been previously issued a notice of parking viole under section (b)(l) which was accompanied by a r containing all of the following:
i) a warning that an additional p2
ii) a warning that the vehicle mi impounded pursuant to Vehicle Code section 22651.9, ev
moved to another street, so long as the signs or pla offering the vehicle for sale remain on the vehicle; iii) a statement that all City street public lands are subject to the provisions of se 10.40.015(b) (1) and (2).
(C) The notice of parking violation was i at least 24 hours prior to the removal of the vehicle.
(D) Vehicle Code Section 22852, incorpo
herein by reference, applies to the removal of any ve
pursuant to this section.I@
sign or placard on the vehicle that the primary purpc
(b) (2)
(A)
(B)
violation may result in the impoundment of the vehicle;
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EFFECTIVE DATE: This ordinance shall be eff
thirty days after its adoption: and the city clerk shall c
the adoption of this ordinance and cause it to be publis
least once in a newspaper of general circulation in the C
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting
Carlsbad City Council on the
and thereafter
day of i
PASSED AND ADOPTED at a regular meeting of th
day of Council of the City of Carlsbad on the
1996, by the following vote, to wit:
AYES:
NOES:
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayo
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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