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Home My WebLink AboutORD 1365 Attachment A ORDINANCE NO. 1365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 72.21 OF THE CITY OF BALDWIN PARK MUNICIPAL CODE WHEREAS, Section 72.21 of the City of Baldwin Park Municipal Code regulates the parking of trucks with a gross maximum weight exceeding three tons and other special use vehicles; and, WHEREAS, Section 72.21 of the City of Baldwin Park Municipal Code does not regulate the parking of vehicles with business names or advertising, nor does it regulate the parking of housecars (recreational vehicles); and, WHEREAS, The City Council finds that the currently unrestricted parking of housecars (recreational vehicles) and of vehicles with business names or advertising creates a visual blight which is detrimental to the image of the City and the welfare of its residents; and, WHEREAS, Vehicle Code Section 22651(n) permits the tow away/impound of vehicles where a city adopts a resolution prohibiting parking where signage provides notice of such a consequence. NOW THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: SECTION 1. Section 72.21 of the City of Baldwin Park Municipal Code shall be amended in its entirety to read as follows: "§ 72.21 PARKING OF TRUCKS, SPECIAL USE VEHICLES AND THE LIKE. (A) Trucks and the like parking restrictions. No person shall park, cause to be parked or otherwise leave standing, any vehicle exceeding a maximum gross weight of three tons on any street of this city other than those streets or parts of streets identified as truck routes in Chapter 73, Schedule I. Parking time shall not exceed two hours on these designated streets.('83 Code § 10.44.060) (Ord. 873, passed - -84) (B) Special use vehicles. (1) No person shall park or leave standing any trailer, semitrailer, trailer coach, pipe or pole dolly, special construction equipment or special mobile equipment on any street unless attached to a vehicle capable of moving Ordinance No. 1365 Page 2 of 4 the trailer, semi-trailer, trailer coach, pipe or pole dolly, special construction equipment, or special mobile equipment in normal manner upon the street. (2) The provisions of division (1) above shall not apply to any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility, or to any commercial vehicle actually being used for the pickup or delivery of goods, wares and merchandise, or for the delivery of materials to be used in the repair, alteration, remodeling or construction of any building. (C) Housecar parking restrictions. No person shall park, cause to be parked or otherwise leave standing, any housecar or camper on any street in this city for a period of more than two hours. Except a resident may be issued a permit for parking a vehicle in accordance with the following requirements: The police chief or the police chiefs designee may issue a permit to a resident providing the following conditions are met: (1) insufficient on-site parking exists on the property of the applicant. (2) The application is limit to one (1) permit per dwelling unit. (3) Permits are free. (4) Permits are issued on a permanent basis with replacement upon loss or destruction. (5) Each permit is registered for a specific address and vehicle. (6) The permit allows for parking of a housecar or camper on the same block as registered address. (6) All other parking restrictions must be observed. Housecar parking restrictions are enforceable by impoundment (D) Other Vehicle Parking Restrictions (1)Except as provided for in Vehicle Code Section 21100 (p), no person shall park, cause to be parked or otherwise leave standing, a motor vehicle with the name of a business enterprise or establishment or a sign advertising a product or service painted, attached or otherwise affixed on or to the exterior thereof on any street in this city for a period of more than two hours. Except a resident may be issued a permit for parking a vehicle in accordance with the following requirements: The police chief or the police chiefs designee may issue a permit to a resident providing the following conditions are met: (1) insufficient on-site parking exists on the property of the applicant. (2) The application is limited to one (1) permit per dwelling unit or commercial unit. (3) Permits are free. (4) Permits are issued on a permanent basis with replacement upon loss or destruction. (5) Each permit is registered for a specific address and vehicle. (6) The permit allows for parking on the same block as the registered address. (6) Ordinance No. 1365 Page 3 of 4 All other parking restrictions must be observed. These parking restrictions are enforceable by impoundment. (2) The provisions of division (1) above shall not apply to any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility, or to any commercial vehicle actually being used for the pickup or delivery of goods, wares and merchandise, or for the delivery of materials to be used in the repair, alteration, remodeling or construction of any building. (E) Notwithstanding any other provision of this code, a violation of division (A) of this section shall be deemed to be an infraction. (F) Fines and penalties for violation of divisions (C) and (D) of this section shall the same as for violation of division (B) of this section." Section 2. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of City Clerk. Section 3. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. Section 4. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED, AND ADOPTED this 1sI day of October, 2014. Ordinance No. 1365 Page 4 of 4 MAN:''r LO=_NO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1 SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance No. 1365 was duly introduced by the City Council of the City of Baldwin Park at a regular meeting thereof held September 17, 2014 and that the same was adopted at a regular meeting held on October 1, 2014, by the following vote to wit: AYES: COUNCIL MEMBERS: CRUZ BACA, MAYOR MANUEL LOZANO,SUSAN RUBIO MAYOR PRO TEM RICARDO PACHECO NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MONICA GARCIA ALEJAN I ' A/ ILA CITY CLERK