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HomeMy WebLinkAbout1996-04-23; City Council; 13629; ADOPTION OF ORDINANCE NO. NS-358-RESTRICTION ON PARKING VEHICLES FOR SALE IN PUBLIC RIGHT OF WAYG 3 Fg='J E & a < a z 0 F 0 a 6 2 3 0 0 CQiY OF CARLSBAD - AGW I A BILL - DEP AB# Mdd? TITLE: MTG. 4mWG RESTRICTION ON PARKING VEHICLES CIT' DEPT. C~~K FOR SALE IN PUBLIC RIGHT OF WAY CIT' RECOMMENDED ACTION: ADOPTION OF ORDINANCE NO. NS-358 - Adopt Ordinance No. NS-358 amending the Municipal Code to provide that a vehicle my be parked or leR standing in a public right of way when it appears that the primary purpose parking the vehicle at that location is to advertise to the public the private sale of that vehic ITEM EXPLANATION Ordinance No. NS-358was introduced at the regular City Council meeting of April 16, 191 The second reading allows Council to adopt the ordinance which would then beco effective in thirty days. The City Clerk will have the ordinance published within fifkeen da if adopted. FISCAL WLPACT See Agenda Bill No. 13,612 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-3 5 8. -,- !I .< 1 2 3 4 5 6 7 8 9 lo 11 l2 l3 l4 15 l6 " l8 l9 2o 21 22 23 24 25 26 27 28 0 e 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 BY THE AMENDMENT OF SUBSECTION 10.40.015(b) 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, Califc does ordain as follows: SECTION I: That Title 10, Chapter 10.40 o Carlsbad Municipal Code is amended by the amendmer subsection 10.40.015(b) to read as follows: No person shall stand or park any vehi any street or public right-of-way when it appears becaust sign or placard on the vehicle that the primary purpc 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 vc located within the territorial limits in which the offic employee may act when the vehicle is found upon a strc public lands if: Because of a sign or placard on the v it appears that the primary purpose of parking the vehi, that location is to advertise to the public the private s that vehicle; and Within the past 30 days the vehicle is to have been previously issued a notice of parking viol under section (b)(1) which was accompanied by a containing all of the following: i) a warning that an additional p violation may result in the impoundment of the vehicle; ii) a warning that the vehicle n impounded pursuant to Vehicle Code section 22651.9, e. moved to another street, so long as the signs or pl offering the vehicle for sale remain on the vehicle; iii) a statement that all City stree public lands are subject to the provisions of s 10.40.015(b) (1) and (2). The notice of parking violation was "(b) (1) (b) (2) (A) (B) (C) (D) Vehicle Code Section 22852, incorr herein by reference, applies to the removal of any T pursuant to this section." at least 24 hours prior to the removal of the vehicle, .- 1 .- 1 2 3 4 5 6 7 8 9 10 11 12 13 JUW% 1uu 14 o og 15 1 *<- <>ma zuv) gZ$z 16 oa aod Sm rnwz $Em an8 $05" m> >-lz LYkS E% >:s 17 60 18 19 20 21 22 23 24 25 26 27 28 0 0 EFFECTIVE DATE: This ordinance shall be effc thirty days after its adoption; and the city clerk shall CE the adoption of this ordinance and cause it to be publist 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 16th day of APRIL I and thereafter PASSED AND ADOPTED at a regular meeting of thi Council of the City of Carlsbad on the 23rd day of API 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finni NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ,D. & RONALD R. BALL, City Attorney Cf. 2r- $6, ATTEST: c&&.ii?z+* 2, City Clerk KAREN Ji. KUND , Assistant City Clerk 2