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HomeMy WebLinkAbout73-85 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Adding Chapter 5 to Title 12 of ) the Municipal Code Establishing ) Regulations Applicable to the ) ORDINANCE NO. 73 Parking of Oversized Vehicles ) and Trailers ) ) The City Council of the City of Danville DOES ORDAIN as follows: SECTION 1. Chapter 5 entitled "Parking of Oversize Vehicles and Trailers Prohibited" and comprising sections 12-501 through 12-506 is added to Title 12 of the Danville Municipal Code to read as follows: "Chapter 5 PARKING OF OVERSIZED VEHICLES AND TRAILERS PROHIBITED Section 12-501 Findings and Declaration of Intent Section 12-502 Definitions Section 12-503 Parking, Prohibited on Residential Streets Section 12-504 Exceptions Section 12-505 Posting Signs Section 12-506 Enforcement Section 12-501. Findings and Declaration of Intent. The city Council finds that the parking of oversize vehicles and trailers and unattached trailers on public streets can, unless controlled, provide neighborhood blight and deterioration, impair visibility, constitute a nuisance, and be injurious to the health, safety and general welfare. Therefore the presence of such vehicles on public rights-of-way is prohibited except as permitted in this chapter and is declared to constitute a public nuisance. Section 12-502. Definitions. In this Chapter unless the context otherwise requires: 1) "Oversize Vehicle" means vehicle or a vehicle and trailer combination the dimensions of which exceed twenty (20) feet in length or seven (7) feet in height; 2) "Unattached Trailer" means a trailer, as defined in Section 630 of the California Vehicle Code, which is left free standing and is not attached, connected or joined to a motor vehicle; 3) "Loading and Unloading" includes the packing of food, clothing or supplies, preparing a vehicle's refrigeration, and unpacking the vehicle after a trip; 4) "Residential Area" means a residential land use district, including the residential area of a P-1 district, as set forth in Title 8 of the Municipal Code; 5) "Trip" means an extended overnight use of an oversize vehicle which requires additional time to prepare the vehicle beforehand. Section 12-503. Parking, Prohibited on Residential Streets. Except as provided in Section 12-504, no person may park or leave standing an oversize vehicle or unattached trailer on a street in a residential area. Section 12-504. Exceptions. (a) The parking prohibition of Section 12-503 does not apply to: (1) An authorized emergency vehicle (as defined by California Vehicle Code section 165). (2) A resident with a permit issued by the Danville Police Department whose oversize non-commercial vehicle or trailer is parked for a period not to exceed forty-eight (48) consecutive hours in front of the permittee's residence for the purpose of loading or unloading before or after a trip. (3) Any bona fide guest of a resident who has secured a permit from the Danville Police Department. A permit not to exceed seven (7) days will be issued if: a. the guest is not a resident of the City; and b. the vehicle is registered to an address not within the City. (4) A person who is engaged in the loading or unloading of a non-commercial vehicle or is making emergency repairs on such a vehicle. (5) A commercial oversize vehicle making pickups or deliveries of goods, wares, or merchandise or delivering building materials to a site for which a building permit has previously been obtained and posted. (b) The exceptions listed above shall not apply to any oversize vehicle or trailer parked (1) within twenty-five (25) feet from the street corner as defined in section 82-18.002 of the Contra Costa County Code which was adopted by reference; or (2) in such a manner as to obstruct and prevent the free use of sidewalks. (c) An oversize vehicle parked at night under sub-section (a) shall be equipped with reflecting safety devices to alert oncoming vehicles to the oversize parked vehicle. (d) An oversize vehicle or unattached vehicle parked under sub-section (a) above is not permitted to connect to utilities such as water, electricity or sewer. Section 12-505. Posting Signs. Signs announcing the parking prohibition in this Chapter shall be posted at major entry points to the City and this Chapter applies only after such notice is posted. Section 12-506. Enforcement. Violation of this Chapter is an infraction, punishable under Title 1, Chapter 3 of the Municipal Code. In addition, under California Vehicle Code section 22651, the City may remove a vehicle parked or left standing in violation of this chapter. SECTION 2. Publication. The city Clerk shall either a) have this ordinance published once within fifteen days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation once five days before its adoption and again within fifteen days after adoption. SECTION 3. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville at a meeting held on 0¢tober ? , 1985, and was adopted and ordered published at a meeting of the Council held on November 7 , 1985, by the following vote: AYES: Lane, May, 0ffenhartz, Schlendorf .one ABSENT: NcNee]y Mayor ATTEST: ~'~ r~Q~rk y ds:ord73