Legislation Details

File #: HIST-1264    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 10/24/2005 Final action: 10/24/2005
Title: Introduction of an Ordinance related to the parking of oversized, non-motorized and commercial vehicles, 72- hour parking limitation and vehicle habitation.
Attachments: 1. OversizedVehicleOrdinance A-3.doc, 2. RV Ordinance A-3.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: That the City Council consider the introduction of an Ordinance amending various provisions of Chapter 7.03 of the Culver City Municipal Code relating to the parking of oversized, non-motorized and commercial vehicles, 72-hour parking limitation, and vehicle habitation (Attachment 1). BACKGROUND: Over the last few years, the City has experienced an increase in complaints regarding the parking and/or storage of oversized vehicles, including recreational vehicles, campers, trailers and boats, on City streets in residential and commercial areas throughout the City. Such complaints have consisted of concerns regarding safety issues, including reduced visibility of drivers when backing out of driveways and entering intersections, resulting from oversized vehicles being parked on public streets and rights-of-ways; as well as concerns about visual blight and persons living in vehicles. In addition, the City has also received complaints regarding persons Meeting Date: 10/24/05 Item Number: A-3 AGENDA ITEM: Consideration of Introduction of an Ordinance Amending Various Provisions of Chapter 7.03 of the Culver City Municipal Code Relating to the Parking of Oversized, Non-motorized and Commercial Vehicles, 72-Hour Parking Limitation, and Vehicle Habitation. Contact Person/Dept.: Heather Iker/City Attorney; Sgt. Mike Webb/Police Department Phone Number: (310) 253-5660/(310) 253-6250 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Via mail on October 11, 2005: Homeowners’ Associations and Neighborhood Groups; All residents on Culver Boulevard between Sepulveda Boulevard and Elenda Street; Via mail or e-mail on October 11, 2005: Persons who have requested notice or commented on this issue at past Council Meetings; Via e-mail on October 11, 2005: Chamber of Commerce; Downtown Business Association; Via e- mail on October 12, 2005: The Good Sam RV Club; Via e-mail on October 19, 2005: Master Notification List. Department Approval: Carol Schwab, City Attorney (10/12/05); John Montanio, Chief of Police (10/13/05) CAO Approval: N/A City Controller Approval: Marlee Chang 10/19/05City of Culver City, California City Council Agenda Item Report parking inoperable vehicles in the public streets in violation the City’s prohibition against parking a vehicle for more than 72 consecutive hours, and circumventing the law by pushing their vehicle a few inches or removing chalk marks, in order to avoid being issued a parking citation. There are various methods of addressing these issues, including vigorous enforcement of current provisions in the Culver City Municipal Code (“CCMC”), which address some but not all of the complainants’ concerns, or adopting stricter regulations, such as prohibiting the parking of these vehicles on public streets altogether. At its meeting of June 13, 2005, the City Council discussed additional options for regulating oversized vehicles, including consideration of what other cities are doing to regulate these vehicles. After discussing the matter, the Council determined that a complete prohibition on the parking of oversized vehicles on all public streets should be considered and directed staff to come back with a proposed ordinance similar to the City of Costa Mesa’s regulations (Attachment 2 – excerpt from 6/13/05 minutes; and Attachment 3 – Costa Mesa regulations). DISCUSSION: A. CURRENT PROVISIONS: Currently, existing CCMC regulations provide the City with the following enforcement capabilities regarding the parking of oversized, non-motorized and commercial vehicles upon residential and commercial streets, including the parking of inoperable vehicles, and regulations relating to vehicle habitation:  CCMC § 7.03.030 prohibits overnight parking on certain streets, except by permit (Attachment 4).  CCMC § 7.03.220 (A) (1) prohibits the parking of any vehicle upon any street or alley, for more than a consecutive period of seventy-two (72) hours (Attachment 5).  CCMC § 7.03.220 (B) prohibits, with limited exceptions, the parking of any detached camp trailer, carry-all, dumpster, semi trailer, special construction equipment or trailer, upon any street between 2:00 a.m. and 6:00 a.m. (See Attachment 5).  CCMC §§ 7.03.220 (D) and (E) prohibit the parking of commercial vehicles, except for loading and unloading purposes. (See Attachment 5).City of Culver City, California City Council Agenda Item Report  CCMC § 7.03.242 prohibits using a vehicle parked or standing upon any public street, alley, right-of-way, public park or other public property for habitation (Attachment 6).  CCMC § 37-83 (F) prohibits the parking of commercial vehicles in residential zones, except for loading and unloading purposes (Attachment 7). B. SURVEY CITIES: As discussed at the June 13, 2005 Council Meeting, staff has looked at several other cities to see how they are regulating the parking of oversized, non-motorized and commercial vehicles. The survey cities include Beverly Hills, Costa Mesa, Long Beach, Los Angeles, Newport Beach, Redondo Beach, Santa Monica, Thousand Oaks, Torrance, and West Hollywood. Several cities, including Costa Mesa, Redondo Beach, Newport Beach, Santa Monica, Thousand Oaks and West Hollywood have established parking regulations for large vehicles, including pick-up trucks, RVs and commercial vehicles exceeding a certain size or weight. Other cities do not provide for any special regulations pertaining to these types of vehicles. Oversized Vehicles Trailers Commercial Vehicles Beverly Hills X X X Costa Mesa X X X Long Beach X Los Angeles X X Newport Beach X X X Redondo Beach X X X Thousand Oaks X X Torrance X Santa Monica X X X West Hollywood X (See Attachment 8 for detailed information relating to these regulations.)City of Culver City, California City Council Agenda Item Report C. PREVIOUSLY DISCUSSED OPTIONS: Before directing staff to bring back the proposed Ordinance, the City Council considered the following options for regulating oversized vehicles. 1. Time Restrictions. a. Prohibiting overnight parking or parking within designated hours. Per CCMC § 7.03.030, the City currently prohibits the parking of vehicles on certain streets between the hours of 2:00 a.m. and 6:00 a.m., unless the City issues an overnight parking permit. Enforcement of this provision prohibits persons from overnight parking of oversized vehicles on designated streets. This provision applies to only limited areas of the City, which have been established by resolution of the City Council (e.g. Bentley Avenue near Tellefson Park). It is a useful enforcement tool to prevent individuals from living in their vehicles in those particular areas, but does not provide an enforcement mechanism to address complaints relating to obstruction of drivers’ views, visual blight, and habitation in vehicles parked on other streets where there is no overnight parking prohibition. This prohibition could be amended to include longer hours for prohibition and/or additional streets. b. 72-hour prohibition. Per CCMC § 7.03.220, the City currently prohibits the parking of any vehicle for more than 72 consecutive hours. Marking tires would permit the City to remove any vehicle parking in the same location for more than that time period, as most tire markings wear off only if the vehicle is moved some distance. (It should be noted that chronic violators of the 72-hour parking restriction, who know the system, may resort to washing off the chalk marks.) The City can impose stricter standards in this regard, e.g. no parking for more than 48 consecutive hours, or no parking for more than 72 hours in any thirty (30) day period; however, the same difficulties with enforcement will apply. At a prior City Council Meeting, it was suggested by a resident that the City amend its 72-hour parking restriction to be consistent with the City of Los Angeles. The City of Los Angeles deems a vehicle parked or left standing in excess of seventy-two (72) consecutive hours, unless during that period of time the vehicle is either driven a minimum of one mile after leaving its parking space or has been removed from the space altogether (Attachment 9). Staff has considered this option and determined that it would be difficult to enforce. Parking enforcement officers would need to have visual access to a vehicle’s odometer to determine whether the vehicle has been moved at least one mile. This would be extremely difficult because not all odometers are visible from the outside of the vehicle, those that are visible can be easily obscured by the vehicle owner, and newer vehicles have digital odometers which are not visible at all when the vehicle ignition is turned off. Police Department staff will be attending an upcoming conference on this issue, which is a problem for City of Culver City, California City Council Agenda Item Report most cities, and may have some new ideas to present to the Council at a future meeting. Overall, time restrictions are the most difficult to enforce and require more staff time, due to the need to constantly monitor vehicles to ensure they are not exceeding the designated time limits. Overnight parking restrictions usually require enforcement by sworn police officers, unless the City has parking enforcement staff working during times other than normal business hours. 2. Complete Prohibition The City currently prohibits the parking of commercial vehicles in residential zones; however, another option would be a complete prohibition of the parking or storage of oversized vehicles (based on dimensions of the vehicle) and non-motorized vehicles (i.e. detached trailers, boats, etc.) on all City streets. Vehicle Code § 22507 (a) provides “Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles . . . on certain streets or highways, or portions thereof, during all or certain hours of the day.” The prohibition can be by specific street name, or by streets in a residential, commercial and/or any other zone. If a complete prohibition is adopted, the City should allow for certain exceptions, such as parking for the purposes of loading and unloading. Further, in residential zones, additional exceptions may include, parking for the purposes of cleaning, battery-charging, or other activity preparatory or incidental to travel. Any such exceptions may be limited to a specific period of time (e.g. not to exceed forty-eight (48) consecutive hours, if in a residential zone, and a shorter period of time if in a commercial zone). The difficulty in enforcing these exceptions is similar to enforcement of time-restricted parking regulations. The benefit to a complete prohibition is that it is less difficult to enforce than regulations based on time restrictions. If police or parking enforcement staff see the vehicle on a street where it is prohibited, they can cite or, if the ordinance so provides, tow the vehicle, without expending the added staff time necessary to monitor the vehicle to determine if it exceeded a designated time period. D. PROPOSED ORDINANCE: The below discussion serves as an overview of the proposed Ordinance. 1. Large Motor Vehicles The proposed Ordinance prohibits the parking of large motor vehicles on any public street except for limited periods of time and for the limited purpose of activities City of Culver City, California City Council Agenda Item Report preparatory and incidental to travel, including, but not limited to, loading, unloading, cleaning, and battery-charging. Such parking may only occur for a period of time not to exceed 48 consecutive hours (or 72 consecutive hours where authorized by the Chief of Police). A “large motor vehicle” is defined as any house car, pick-up truck with camper, recreational vehicle or other vehicle that measures more than twenty feet (20’) in length, or is both more than eight-four inches (84”) in width and more than eighty-four inches (84”) in height. The term “large motor vehicle” does not include a commercial vehicle, as defined in the proposed Ordinance, a pick-up truck without a camper or a sports utility vehicle. 2. Non-motorized Vehicles Current CCMC provisions only prohibit the parking of non-motorized vehicles (i.e. detached trailer, boats, etc.) between the hours of 2:00 a.m. and 6:00 a.m., but do not restrict these vehicles from parking on the City’s streets during all other hours. The proposed Ordinance would prohibit the parking of non-motorized vehicles on any public street at any time, except when attached to a motor vehicle or large motor vehicle and parked for the limited time and purpose as allowed for large motor vehicles. A “non-motorized vehicle” is defined as any trailer, boat, or any other device used for transporting persons or property, that is not self-propelled. 3. Commercial Vehicles Although current CCMC provisions regulate the parking of commercial vehicles, the proposed Ordinance further specifies the restrictions and exceptions for these vehicles. The Ordinance limits the parking of commercial vehicles on any public street to a period of time not to exceed three (3) hours, with certain exceptions. Reasonable time periods in excess of three (3) hours are permitted for certain necessary activities, such as making pick-ups or deliveries of goods; making deliveries of materials used in the repair, construction, etc. of the building to which such repair or construction is being made; and making emergency repairs to the vehicle itself. An exception to the 3-hour rule is also made where additional time is reasonably necessary when the vehicle is parked in connection with the performance of a service to or on a property in the block upon which the vehicle is parked. A “commercial vehicle” for purposes of these provisions is defined as any vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty feet (20’) in length, any single commercial vehicle or combination of said vehicles eighty-four inches (84”) or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more. A commercial vehicle includes a truck tractor, but does not include a large motor vehicle or non-motorized vehicle as defined in the Ordinance or a pick-up truck without a camper or a sports utility vehicle.City of Culver City, California City Council Agenda Item Report 4. Exemptions The proposed Ordinance includes an exemption for motor vehicles, large motor vehicles, non-motorized vehicles and commercial vehicles that are parked on the street pursuant to a permit, lease, license or other entitlement issued by the City. In addition, consistent with current CCMC provisions, the Ordinance exempts government, public utility and emergency vehicles from these parking restrictions. 5. Penalty and Removal The penalty and removal provisions of new subchapter 7.03.600 et seq., allow for the citation or removal, or both, of any vehicle parked in violation of these restrictions. The penalty imposed for a violation of the provisions of this subchapter will be a civil penalty established by resolution of the City Council. Staff recommends that the penalty be set at $38.00, consistent with the majority of other types of parking violations in the City. If the proposed Ordinance is introduced, staff will return with a proposed resolution amending the current Civil Penalty Bail Schedule to include the penalties for the provisions of this subchapter, at the same time as the Ordinance is brought back for adoption. If the vehicle is removed, the vehicle owner will also be responsible for the removal and storage fees incurred by the Police Department. The procedures for removal and appealing the removal of a vehicle are in accordance with the California Vehicle Code and are already in place within the Police Department for other matters. Such procedures include the right to a hearing by the Chief of Police or his or her designee (the designee may not be the person who directed the removal of the vehicle). 6. Vehicle Habitation Another major concern among residents has been complaints of persons living in recreational vehicles parked on the public streets. As discussed above, CCMC § 7.03.242 currently prohibits this practice; however, staff has included as part of the proposed Ordinance modifications to this Section in order to increase enforceability by better clarifying and defining the prohibited acts. The new section, as set forth in the Ordinance, prohibits using a vehicle as a temporary or permanent substitute for a residence or dwelling unit and indicates that evidence of a violation of this section includes use of the vehicle for living, sleeping, cooking and/or bathing purposes. 7. 72-Hour Parking Restriction The general restriction prohibiting any vehicle from parking for a period of time in excess of 72 hours has been retained and the exemptions to this restriction have been clarified.City of Culver City, California City Council Agenda Item Report E. ENFORCEMENT: If the ordinance is adopted, permanent signage will be installed to provide the public with adequate notice of these parking restrictions, prior to enforcement. If the Council determines that additional public notification is required, options include a city-wide postcard mailing, or the posting of a “warning” notice on the affected vehicles prior to issuing a citation for the first time. F. CONCLUSION: In summary, the proposed Ordinance prohibits the parking of oversized, non- motorized and commercial vehicles on all City streets, except for limited periods of time and for limited purposes; provides for exemptions to the parking restrictions for government, pubic utility and emergency vehicles, and any vehicle that is parked on the street pursuant to a permit, lease, license or other entitlement issued by the City; and better clarifies and defines the City’s prohibition against vehicle habitation. It is recommended that the Council consider the introduction of the proposed Ordinance and provide further direction to staff, if any, regarding public notification of the new restrictions. FISCAL ANALYSIS: The subsequent adoption of the proposed Ordinance may require increased enforcement activity for City staff, particularly the Police Department. These costs cannot be easily quantified. In addition, signage will need to be posted to provide adequate notice to the public of the new parking restrictions. The estimated cost for the installation of such signage is $375.00 (approximately 15 signs will need to be posted throughout the City at an estimated cost of $25.00 per sign). If the Council determines that additional notification measures should be taken, a city-wide postcard mailing will cost approximately $6,000.00, and the posting of “warning” notices on affected vehicles prior to the issuance of a first citation will involve a nominal cost. ATTACHMENTS: 1. Proposed Ordinance 2. Excerpt from minutes of June 13, 2005 Council Meeting 3. Costa Mesa regulations 4. CCMC § 7.03.030 5. CCMC § 7.03.220City of Culver City, California City Council Agenda Item Report 6. CCMC § 7.03.242 7. CCMC § 37-83 (F) 8. Survey of other cities’ regulations 9. LAMC § 80.73.2 MOTIONS: That the City Council: 1. Introduce the Ordinance amending Chapter 7.03 of the Culver City Municipal Code relating to the parking of oversized, non-motorized and commercial vehicles, 72- hour parking limitation and vehicle habitation. 2. Direct staff as to whether any additional public notification measures should be taken as discussed in the staff report. MEETING DATE 10/24/05 AGENDA ITEM Consideration of Introduction of an Ordinance Amending Chapter 7 03 of the Culver City Municipal Code Relating to Parking of Oversized and Commercial Vehicles, 72-Hour Parking Limitation and Vehicle Habitation ATTACHMENTS Pages|109| Proposed Ordinance 1-8|109| Excerpt from minutes of June 13, 2005 Council Meeting 9|109| Costa Mesa regulations 10-12|109| CCMC § 7 03 030 13|109| CCMC § 7 03 220 14|109| CCMC § 7 03 242 15|109| CCMC § 37-83 (F) 16|109| Survey of other cities' regulations 17-22|10 9| LAMC § 80 73 2 23Aillia+14fitir i. ORDINANCE NO 2005- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 703 OF THE CULVER CITY MUNICIPAL CODE RELATING TO PARKING OF OVERSIZED, NON-MOTORIZED AND COMMERCIAL VEHICLES, 72-HOUR PARKING LIMITATION AND VEHICLE HABITATION WHEREAS, the City of Culver City has experienced an increase in complaints regarding the parking and/or storage of oversized vehicles, including recreational vehicles, campers, trailers and boats, on City streets in residential and commercial areas throughout the City, and WHEREAS, the parking of such vehicles throughout the City has caused the City and the community concerns regarding safety issues, including reduced visibility of drivers when backing out of driveways and entering intersections resulting from oversized vehicles being parked on public streets and rights-of-ways, as well as concerns of, visual blight and persons living in vehicles, and WHEREAS, the public streets, highways, parkways and alleys are not intended to be used for the storage of vehicles or vehicle habitation and WHEREAS, the City acknowledges that the temporary parking of oversized and commercial vehicles is reasonably necessary for limited purposes such as activities that are preparatory or incidental to travel, and the loading and unloading of goods / / / / / / / / / / / / / / / / / / / / / Si -1-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 302,0 I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows SECTION 1 Chapter 7 03 of the Culver City Municipal Code is hereby amended to add subchapter 7 03 600, et seq as follows PROHIBITED AND LIMITED PARKING OF OVERSIZED, NON-MOTORIZED AND COMMERCIAL VEHICLES § 7 03 600 Definitions § 7 03 605 Measurements § 7 03 610 Prohibitions § 7 03 615 Exemption § 7 03 620 Removal and Penalties § 7 03 625 Conflict of Provisions § 7 03 600 DEFINITIONS For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning Any term that is not defined herein shall have the meaning as set forth in the California Vehicle Code Chief of Police shall mean the Chief of Police of the City of Culver City, or his or her designee Commercial Vehicle shall mean any vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty feet (20') in length, any single commercial vehicle or combination of said vehicles eighty-four inches (84") or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more A commercial vehicle includes a truck tractor but does not include a large motor vehicle or non-motorized vehicle as defined herein or a pick-up -2-truck without a camper or sports utility vehicle Large Motor Vehicle shall mean any house car pick up truck with camper recreational vehicle, or any other vehicle, or combination of vehicles, that measures more than twenty feet (20') in length, or is both more than eight-four inches (84") in width and eighty-four inches (84") in height The term "large motor vehicle" does not include a commercial vehicle as defined herein, a pick-up truck without a camper or sports utility vehicle Non-motorized Vehicle shall mean any trailer, boat, or any other device that can be used for transporting persons or property, and is not self- propelled Motor Vehicle shall mean any passenger vehicle, pick-up truck without a camper, sports utility vehicle, motorcycle or motor-driven cycle, but shall not include a house car Police Department shall mean the Culver City Police Department Residential District shall mean any area within the City that is zoned R1, R2, R3, RLD, RMD, RHD, and those portions of PD Zone districts which are specified for residential uses Vehicle Owner shall mean the registered owner, or person who has possession, custody or control, of any motor vehicle, large motor vehicle or non-motorized vehicle § 7 03 605 MEASUREMENTS To determine the width or length of the vehicles defined in this subchapter any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included §7 03 610 PROHIBITIONS A No person shall, at any time, park or leave standing any large motor vehicle or non-motorized vehicle on any public street, highway, I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 -3- 3Li I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 parkway or alley except|109| In residential districts, large motor vehicles or non- motorized vehicles attached to a motor vehicle or large motor vehicle, which are parked adjacent to the vehicle owner's residence are allowed for a period of time not to exceed forty-eight (48) consecutive hours for the sole purpose of loading, unloading, cleaning, battery-charging, or other activity preparatory or incidental to travel|109| In residential districts, large motor vehicles, or non- motorized vehicles attached to a motor vehicle or large motor vehicle which are parked adjacent to the vehicle owner's residence, may be allowed for an additional period of time of up to twenty-four (24) consecutive hours, but no more than a total of seventy-two (72) consecutive hours, provided an extension has been granted by the Chief of Police B Any large motor vehicle, or non-motorized vehicle attached to a motor vehicle or large motor vehicle, which is parked on a public street, highway parkway or alley pursuant to either subsection (A)(1) or (A)(2) hereinabove shall, at the end of the permitted period of time, whether forty- eight (48) or seventy-two (72) hours, be removed from its location and shall not be parked on any public street, highway, parkway or alley for a period of at least forty-eight (48) hours C No person who owns or has possession, custody or control of any commercial vehicle shall park or leave standing any such vehicle on any public street, highway, parkway, roadway, alley or thoroughfare for more than three (3) hours, except 1 For such reasonable period of time in excess of three (3) hours that may be necessary for the purpose of making pick-ups or deliveries of goods, wares, and merchandise from or to any building or structure or for -4-the purpose of delivering materials to be used for repair, alteration, remodeling or construction of any building or structure upon a restricted street or highway or|109| For such reasonable period of time in excess of three (3) hours that may be necessary when such vehicle is parked in connection with the performance of a service to or on a property in the block in which such vehicle is parked, or|109| For such reasonable time in excess of three (3) hours that may be necessary to make emergency repairs D No person who owns or has possession, custody or control of any motor vehicle, large motor vehicle, non-motorized vehicle or commercial vehicle, which is six feet (6') or more in height, including any load thereon, shall park or leave standing any such vehicle on any street or highway within forty-five feet (45') of any intersection § 7 03 615 EXEMPTIONS The provisions of this subchapter shall not apply to the following A Any government, public utility or emergency vehicle, or B Any motor vehicle, large motor vehicle, non-motorized vehicle or commercial vehicle that is parked on any public street, highway, parkway roadway alley or thoroughfare pursuant to a permit, lease license or other entitlement issued by the City § 7 03 620 REMOVAL AND PENALTIES A Unless otherwise specified, a violation of any provision of this subchapter shall be deemed a civil offense and punishable by a fine established by resolution of the City Council B Any vehicle found in violation of this subchapter may be cited or -5- S|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30I removed or both cited and removed, by any member of the Police|109| Department authorized by the Chief of Police in the manner and subject to|109| the requirements of this section and California Vehicle Code Sections 22651|109| and 22651 05|109| C After any vehicle has been removed summarily as provided in|109| subsection (B) above, the registered and legal owners of the vehicle shall be|109| given the opportunity for a post-removal hearing to determine the validity of|109| the storage of the vehicle in accordance with California Vehicle Code Section|10 9| 22852 10 D The procedures for hearings provided for in subsection (C) 11 above, shall be established by the Chief of Police and the hearing shall be 12 held by the Chief of Police or his or her designee Said designee shall not be 13 the person who directed the storage of the vehicle 14 E The disposition of any stored vehicle shall be in accordance 15 with California Vehicle Code Sections 22850 5 through 22855 16 § 7 03 625 CONFLICT OF PROVISIONS 17 In the event of any conflict between this subchapter and any other 18 provisions of this Code, this subchapter shall control 19 SECTION 2 The title of Section 7 03 220 of the Culver City Municipal Code 20 is hereby amended as follows 21 § 703 220 USE OF STREETS FOR PARKING, STANDING OR 22 STORING OF CERTAIN VEHICLES PROHIBITED 23 SECTION 3 Sections 7 03 220 (C), (D) and (E) of the Culver City Municipal 24 Code are hereby repealed (Note The provisions of repealed sections (C)(1) (D) and (E) 25 have been relocated and revised in new subchapter 7 03 600 et seq , as set forth above in 26 Section 1 of this Ordinance, and the provisions of repealed section (C)(2) have been 27 -6- (928 30revised and adopted as a new section (C) as set forth below in Section 4 of this Ordinance ) SECTION 4 A new Section 7 03 220(C) is hereby adopted to read as follows C Exemptions The provisions of subsections (A) and (B) above shall not apply to the following|109| Any government, public utility or emergency vehicle or|109| Any motor vehicle, large motor vehicle non- motorized vehicle or commercial vehicle that is parked on any public street highway parkway, roadway, alley or thoroughfare pursuant to a permit, lease, license or other entitlement issued by the City SECTION 5 Section 7 03 242 of the Culver City Municipal Code is hereby repealed and replaced with a new Section 7 03 242 as follows § 7 03 242 REGULATING VEHICLE HABITATION ON PUBLIC STREETS AND OTHER PUBLIC PROPERTY A Except in a verifiable emergency, no person shall use any vehicle parked or standing upon any public street, alley, right-of- way, public park or other public property as a temporary or permanent substitute for a residence or dwelling unit B For purposes of this section|109| Evidence that a vehicle is being used as a temporary or permanent substitute for a residence or dwelling unit shall include but not be limited to, use of the vehicle for living, sleeping cooking and/or bathing purposes,|109| The term "vehicle' shall include any boat and any device, operable or inoperable with or without wheels, by which any -7- I I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 person or property may be propelled, moved or drawn upon any street or highway, including, but not limited to, a motor vehicle, mobile home and trailer SECTION 6 Pursuant to Section 512 of the City Charter this Ordinance shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 514 and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City SECTION 7 The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect APPROVED AND ADOPTED this day of , 2005 ALBERT M VERA, Mayor City of Culver City, California ATTEST APPROVED AS TO FORM CHRISTOPHER ARMENTA City Clerk CAROL A SCHWAB, City Attorney 4q -8- 30ATTANMENT June 13, 2005 Item A-13 Discussion of Options for Regulating Parking of Recreational, Oversized and Non-Motorized Vehicles Heather Iker, Deputy City Attorney, gave the staff report Mayor Vera invited public participation The following member of the audience addressed the City Council Linda Lee Fernandez Christopher Armenta, City Clerk read written comments submitted by the following Dorothy Knott Layla Krause Joan Moon Following discussion, the following motion was made MOVED BY COUNCILMEMBER ROSE AND SECONDED BY COUNCILMEMBER GROSS, THAT THE CITY COUNCIL DIRECT STAFF TO COME BACK WITH AN ORDINANCE ALONG THE LINES OF THE ORDINANCE FROM THE CITY OF COSTA MESA AYES Councilmembers Gross, Rose, Silbiger, Vera NOES None ABSTAIN None ABSENT Councilmember Corlin o0o Public Comment for Items Not On the Agenda (Continued) Mayor Vera invited public participation There was no response o0oAsir-rAc 14 t•tEN•r Costa Mesa Municipal Code Sec 10-185 Use of streets for parking and/or storage of certain vehicles prohibited (a) Definitions For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning (1) "Chief of police" means the Chief of Police of the City of Costa Mesa, or his designee (2) "Commercial vehicle" shall mean any vehicle havmg more than two axles, or any single commercial vehicle or combmation of said vehicles which exceed twenty (20) feet m length, any single commercial vehicle or combination of said vehicles eighty-four (84) inches or more m width, or any single commercial vehicle or combination of said vehicles havmg a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more A Commercial Vehicle includes a truck tractor, but does not include a large motor vehicle or nonmotonzed vehicle as defined herein or a pick-up truck without a camper or sports utility vehicle (3) "Large motor vehicle" shall mean any house car, pick-up truck with camper, recreational vehicle or other vehicle that measures more than twenty-two (22) feet in length or is both more than eighty-four (84) inches in width and more than eight-four (84) inches m height The term "large motor vehicle" does not include a commercial vehicle as defined herein, a pick-up truck without a camper or sports utility vehicle (4) "Nonmotonzed vehicle" shall mean any trailer or any other device that is not self- propelled (5) "Motor vehicle" shall mean a passenger vehicle, pick-up truck without a camper, sports utility vehicle, motorcycle and motor-driven cycle but shall not include a house car (6) "Residential district" shall mean any area within the city which is zoned R1, R2- MD, R2-HD, R3, and those portions of planned community districts and specific plan districts which are specified for residential uses (b) Measurements To determine the width or length of the vehicles defmed in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included (c) No person who owns or has possession, custody, or control of any motor vehicle shall park, or leave standing, such a motor vehicle upon any public street, highway or alley for more than a period of seventy-two (72) consecutive hours|1010|0(d) No person shall, at any time, park or leave standing any large motor vehicle or nonmotonzed vehicle on any public street, highway or alley except (1) In residential districts, large motor vehicles or, nonmotonzed vehicles attached to a motor vehicle or large motor vehicle, parked adjacent to the owner's residence are allowed for the purposes of loading, unloading, cleaning, battery-charging, or other activity preparatory or incidental to travel for a penod of time not to exceed forty-eight (48) consecutive hours (2) In residential districts, large motor vehicles or, nonmotonzed vehicles attached to a motor vehicle, parked adjacent to the owner's residence may be allowed for up to an additional twenty-four (24) consecutive hours, but no more than a total of seventy-two (72) consecutive hours, provided an extension has been granted by the chief of police The chief of police shall establish general standards for an extension provided for by this section (3) Any large motor vehicle, or nonmotonzed vehicle which is attached to a motor vehicle or large motor vehicle that is parked on a public street pursuant to either subsections (1) or (2) heremabove shall, at the end of the permitted period of time, whether forty-eight (48) or seventy-two (72) hours, be removed from its location and shall not be parked on any public street for the purposes stated heremabove for a period of at least forty-eight (48) hours (e) No person who owns or has possession, custody or control of any vehicle or noiunotonzed vehicle which is six (6) feet or more m height (mcludmg any load thereon) shall park or leave standing any such vehicle on a street or highway within forty-five (45) feet of any intersection (f) No person who owns or has possession, custody or control of any commercial vehicle exceedmg a manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standing any such commercial vehicle on a street or highway which is prohibited to commercial vehicle traffic pursuant to section 10-248 of this Code (g) No person who owns or has possession, custody or control of any commercial vehicle exceeding a manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standing any such commercial vehicle on any restricted street between the hours of 2 00 a m and 6 00 a m (h) No person who owns or has possession, custody, or control of a commercial vehicle exceeding a manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standing any such commercial vehicle for more than three (3) hours on any public street, highway, roadway, alley or thoroughfare, except (1) For such reasonable time m excess of three (3) hours that may be necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure or for the purpose of delivering materials to be used for repair, 111alteration, remodeling, or construction of any building or structure upon a restricted street or highway or (2) For such reasonable time m excess of three (3) hours that may be necessary when such vehicle is parked m connection with the performance of a service to or on a property in the block in which such vehicle is parked, or (3) For such reasonable time in excess of three (3) hours that may be necessary time to make emergency repairs (i) Vehicles found m violation of this section may be cited or removed, or both cited and removed m accordance with section 10-69 (0 The minimum fine for any violation of this section shall be set by the city council by separate resolutionA erris ablEt4r di § 7 03 030 ALL NIGHT PARKING PROHIBITED, EXCEPTIONS When authonzed signs are m place giving notice thereof, no person shall stop, stand or park any vehicle on any street for a penod of time longer than thirty (30) minutes, between the hours of 2 00 a m and 4 00 a m of any day, except physicians, persons on emergency calls or persons who have been issued a permit pursuant to § 7 03 035 13AnNAMENT § 7 03 220 USE OF STREETS FOR PARKING, STANDING OR STORING OF CERTAIN VEHICLES PROHIBITED A 1 No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley, for more than a consecutive period of seventy-two (72) hours 2 Any vehicle which is parked or left standing upon a street in excess of a consecutive period of seventy-two (72) hours may be removed by any member of the Police Department authorized by the Chief of Police, in the manner and subject to the requirements of the California Vehicle Code B Any vehicle parked or left standing on any City-owned or controlled property or any City-owned, controlled or operated parking lot, or on any privately owned or operated parking lot in violation of any of the provisions of this Chapter or of State law, may be removed by any member of the Police Department authorized by the Chief of Police, in the manner and subject to the provisions of the California Vehicle Code • 1 No person shall park or place any detached camp trailer, carry-all, dumpster, semitrailer, special construction equipment or trailer, as defined by the California Vehicle Code, on any street between the hours of 2 00 a m and 6 00 a m, except for bona fide construction, repair, alteration or remodeling of any building, structure, public utility, public street or public facility for which a building permit and street use permit have previously been obtained|109| Exception Government vehicles, public utility vehicles and emergency vehicles are exempt from the provisions set forth in Subsections A through C D It shall be unlawful for any person to park or let stand a commercial vehicle with a manufacturers gross vehicle weight rating of ten thousand (10,000) pounds or more, on any street in a residential zone at any time, except when such vehicle is being used for making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such street or is used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure located on the street for which a building and street use permit has been previously obtained, or which is related to a public works project E It shall be unlawful for any person to park or let stand any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more, on any public street between the hours of 2 00 a m and 6 00 a m except when such vehicle is being used for making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such street or is used for the purpose of delivenng materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure located on the street for which a building and street use permit has been previously obtained or which is related to a public works project The prohibition of this Section shall not apply to any portions of a street bounded on both sides by properly designated as a "M-1, M-1A, L-M, and M- 2" zone (The Vehicle Code does not require the posting of a sign to enforce this prohibition )A-rT/44,0 IleMir § 7 03 242 REGULATING VEHICLE HABITATION ON PUBLIC STREETS AND OTHER PUBLIC PROPERTY No person shall use any vehicle parked or standmg upon any public street, alley, nght- of-way, public park or other public property for the purpose of living, sleeping, cooking, bathing or housekeeping, provided, that no person shall be m violation of this section who sleeps in a vehicle in a bona fide emergency for a penod not to exceed an aggregate of twelve (12) hours in any thirty (30) day penod where parking or standing is not otherwise prohibited For purposes of this section, the term vehicle shall include any boat and any device, operable or inoperable with or without wheels, by which any person or property may be propelled, moved or drawn upon any street or highway, mcluding, but not limited to, a motor vehicle, mobile home and trailerMrActl WERT 1 §37-83(F) Commercial Vehicle Storage Prohibited It shall be unlawful to park commercial vehicles in an R-1, R-2, R-3 and R-4 zone except for loading and unloading purposes 00*MCOMEIJT BEVERLY HILLS Oversized Vehicles Trailers Commercial Vehicles Prohibits the parking of all vehicles between the hours of 2 30 a m and 5 00 a m , except for residents of multi-family units who obtain a city permit City permits not issued to vehicles exceeding 6000 pounds Prohibits the parking of all vehicles between the hours of 2 30 a m and 5 00 a m , except for residents of multi-family umts who obtain a city permit City permits not issued to vehicles exceeding 6000 pounds Prohibits the parking of all vehicles between the hours of 2 30 a m and 5 00 a m , except for residents of multi-family units who obtain a city permit City permits not issued to vehicles exceeding 6000 pounds COSTA MESA Oversized Vehicles Trailers Commercial Vehicles Definition — Vehicles exceedmg a certain size, pick-up trucks w/ campers and RV's Limits parking of oversized vehicles on streets or alleys to 48 hours, provided that oversized vehicle is parked adjacent to the owner's residence AND parked for loading, unloading, cleaning, battery-charging or other activity preparatory or incidental to travel Can park for additional 24 hours, with approval of Chief of Police Limits parking of trailers on streets or alleys to 48 hours, provided that trailer is parked adjacent to the owner's residence AND parked for loading, unloading, cleaning, battery-charging or other activity preparatory or incidental to travel In addition, trailers must be attached to motor vehicles while parked on the street Can park for additional 24 hours, with approval of Chief of Police Definition — Based on size or number of axles Limits parking of commercial vehicles on streets or alleys to 3 hours, unless more than 3 hours are needed for pickups or dehvenes, to service properties located witlun the same block or to make emergency repairs to the commercial vehicle Parking of commercial vehicles exceeding a manufacturer's gross weight of 10,000 pounds is prohibited on certain streets Parking of commercial vehicles exceeding a manufacturer's gross weight of 10,000 pounds between 2 00 a m and 6 00 a m is prohibited on certain streets 11LOS ANGELES Oversized Vehicles Trailers Commercial Vehicles NO REGULATIONS FOUND Prohibits parking of trailers exceeding 22' m length on streets, public ways or in public parking areas, unless the trailer is designed to carry boats, is designed for camping or recreational purposes, is being loaded or unloaded, is disabled, is part of permitted construction, is part of a public utility's project, is part of a city construction project or is part of a permitted film project Definition — Truck tractors, vehicles exhibiting a commercial license plate and exceeding a certain size or displaying company logos Prohibits parking of commercial vehicles on residential streets, unless the commercial vehicle is being loaded or unloaded or is providing a service to a property located within the same block Limits parking of commercial vehicles on non-residential streets to 3 hours, unless the commercial vehicle is being loaded or unloaded or is providing a service to a property located within the same block Prohibits parking of commercial vehicles under overpasses if the majonty of buildings contiguous to the road passing under the overpass and within 150' of either side of the overpass are residential, unless the commercial vehicle is part of a permitted film project teiNEWPORT BEACH Oversized Vehicles Trailers Commercial Vehicles Definition - Vehicles exceeding a certain size Permits parking of oversized vehicles on public streets or alleys in residential distncts up to 24 (72 hours, with permit) hours, provided that the oversized vehicle is parked adjacent to the owner's residence and is there for the purpose of loading, unloading, cleaning, battery-changing or other activity preparatory or incidental to travel Oversized vehicles may also park on public streets or alleys to make emergency repairs to the vehicle, to service adjacent property, to make dehvenes to adjacent property or if they display physically disabled placard Permits parking of trailers on public streets or alleys in residential districts up to 24 (72 hours, with permit) hours, provided that the trailer is attached to a motonzed vehicle, adjacent to the owner's residence and is parked there for the purpose of loading, unloading, cleaning, battery-changing or other activity preparatory or incidental to travel Trailers may also park on public streets or alleys to make emergency repairs to the trailer, to service adjacent property or to make delivenes to adjacent property Definition - Vehicles exceeding a certain size or containing more than 2 axles Prohibits parking of commercial vehicles on public streets or alleys in residential alleys, unless the vehicle displays physically disabled placard or is parked to make emergency repairs to the vehicle, to service adjacent property or to make delivenes to adjacent propertyREDONDO BEACH Oversized Vehicles Trailers Commercial Vehicles Definition — Commercial vehicles exceeding a certain size Prohibits parking of oversized vehicles on streets m residential areas, unless delivering or picking up Limits parking of oversized vehicles on streets designated as truck routes to 90 minutes Permits parking of trailers on streets, alleys or in public parking areas so long as the trailer is attached to a vehicle capable of moving the attached trailer Unattached trailers may not park on any street, alley or in any public parking area, unless they are m the process of loading and unloading (and then, only up to 2 hours), are disabled, are part of a permitted construction or repair site, are part of a public utility's project or are part of a city construction or repair project Defimtion — Those required to be registered under the Vehicle Code and primarily for transportation of goods, services or property Prohibits parking of commercial vehicles exceeding a certain size on streets in residential areas, unless delivering or picking up LONG BEACH Oversized Vehicles Trailers Commercial Vehicles Definition - Vehicles exceeding a certain size Prohibits parking of oversized vehicles on certain streets unless the oversized vehicle contains a city permit NO REGULATIONS FOUND NO REGULATIONS FOUNDTHOUSAND OAKS Oversized Vehicles Trailers Commercial Vehicles NO REGULATIONS FOUND Prohibits parking of trailers unattached to motonzed vehicles on city right-of- ways or alleys, unless the trailer is bemg repaired on an emergency basis, or the trailer does not exceed a manufacturer's gross vehicle weight rating of 10,000 pounds, is being used m connection with a delivery or a pickup or in connection with work performed on an adjacent property, is blocked or braked, is otherwise lawfully parked and is parked on the public street between the hours of 7 a m and 7 00 pm Provides that CHP or police department may remove any unattached trailer found on any of its streets, unless emergency repairs are being made on the trailer Definition — Used for hire, compensation or profit Prohibits parking of commercial vehicles on pnvate property m residential districts, unless the parking is connected to a delivery or work being performed on that property or on nearby property Prohibits parking of commercial vehicles on streets m residential districts, unless the parking is connected to a delivery to the adjonung property or work being performed on the adjoining property TORRANCE Oversized Vehicles Trailers Commercial Vehicles Definition - Vehicles exceeding a certain size Limits parking of oversized vehicles on city streets to 1 hour NO REGULATIONS FOUND NO REGULATIONS FOUND 21SANTA MONICA Oversized Vehicles Trailers Commercial Vehicles Definition - Vehicles exceeding a certain size Prohibits parking of oversized vehicles on public streets or alleys in residential distncts between 2 am and 6 am, unless the vehicle has a city permit Prohibits parking of oversized vehicles on public streets or alleys in commercial or industnal districts dunng nighttime hours Prohibits parking of trailers on public streets or alleys in residential districts between 2 a m and 6 a m , unless the trailer has a city permit Prohibits parking of commercial vehicles on public streets or alleys m residential distncts, unless the vehicle is being loaded or unloaded or is involved in an emergency WEST HOLLYWOOD Oversized Vehicles Trailers Commercial Vehicles Definition - Vehicles exceeding a certain size Prohibits parking of oversized vehicles on any street within a residential zone, unless the vehicle displays a large vehicle permit, is an emergency vehicle, is an authonzed highway work vehicle, is used in construction, installation or repair of a utility, is loading or unloading or making pickups or delivenes NO REGULATIONS FOUND NO REGULATIONS FOUND V-Arm:104E1.4-P SEC 80 73 2 USE OF STREET FOR STORAGE OF VEHICLES — GENERALLY — WHEN PROHIBITED It shall be unlawful for any person who owns or who has possession, custody or control of any vehicle to park such vehicle or leave it standing upon any highway, street or alley for more than 72 hours m the aggregate durmg any period of 73 consecutive hours For the purposes of this section a vehicle shall be deemed parked or left standing for such 72 hours unless during that period is either driven a minimum of one mile after leaving the location where it has been parked or left standing or, within that period, is removed from any highway, street or alley (Amended by Ord No 162,867, Elf 11/22/87) 23