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HomeMy WebLinkAboutORD-10-04 Amend Sec 10.34.06- Parking & Storing Oversized VehiclesORDINANCE NO. 10- 04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTION 10.34. 060 OF THE ORANGE MUNICIPAL CODE REGULATING THE PARKING AND STORAGE OF OVERSIZED VEHICLES ON CITY STREETS.WHEREAS, the parking of large recreational vehicles in City streets and highways restricts sight distances for drivers using the street and for drivers pulling out of nearby driveways, the problem being especially acute in residential neighborhoods; and WHEREAS, the parking of large recreational vehicles in City streets makes it more difficult for drivers to see pedestrians and causes bicyclists to move out into the street much further to get around them; and WHEREAS, the parking of large recreational vehicles in City streets, especially on narrower residential streets, impacts the width of the street causing passing cars and cyclists to move closer together and reducing the margin of error for safe passage; and WHEREAS, the parking of large recreational vehicles in City streets, especially on narrower residential streets, negatively impacts the visual aesthetics of the neighborhood.WHEREAS, the parking of large recreational vehicles in City streets causes restricted driver sight distances for STOP signs, speed limit signs and other regulatory signs; and WHEREAS, large recreational vehicles are more likely to be parked for extended periods in public streets, which generates complaints about violations of the City's 72-hour parking prohibition, which is often difficult to enforce and creates an inordinate amount of work for the police department; and WHEREAS, large recreational vehicles are more likely to violate the City' s street sweeping ordinance, reducing the effectiveness of the street sweeping program; and WHEREAS, the proposed Amendment is exempt from the requirements of the California Environmental Quality Act by the Guidelines of the California Environmental Quality Act under Section 15305 (Class 5, Minor Alterations in Land Use Limitations); and WHEREAS, the Traffic Commission has considered various options for the regulation of large recreational vehicles and made several recommendations to the City WHEREAS, the City Council held a public hearing on February 24, 2004, and received extensive public testimony. NOW THEREFORE, the City Council of the City of Orange hereby ordains as follows: SECTION I: The title of Section 10.34.060 is amended to read as follows: Section 10.34.060 Similar Vehicles. Prohibited Parking-Trucks, Recreational Vehicles and SECTION II:Subsection 1O.34.060A is deleted and replaced with the following:A. Any non-motorized vehicle such as a trailer, camper shell, tent trailer, etc. or any motorized recreational vehicle such as a boat, recreational off-road vehicle, etc., unless such vehicle is attached to a passenger vehicle or oversized vehicle, as defined in this section,which is otherwise parked in compliance with the Orange Municipal Code.SECTIONIII:Section 10.34.060 is amended to add a new subsection to read as follows:G. Oversized Vehicles, which are defined as any vehicle or combination of vehicles that exceed twenty-two (22) feet in length or eighty- four (84) inches in width.1. Exceptions:a. A person may park an oversized vehicle in a City street for no more than two consecutive days for the purpose of loading, unloading or other related activity incidental to preparing the oversized vehicle for travel or returning from travel. This exception shall only apply if the oversized vehicle is parked immediately adjacent to the front of its owner's residence.b. Upon first obtaining a permit from the Chief of Police or his designee,oversized vehicles which are the sole means of transportation as of the effective date of this ordinance (May 12, 2004) and the parking of such vehicle upon the owner's residence is not authorized under the Orange Municipal Code; provided that such vehicle can be parked immediately adjacent to the owner's residence and the owner of the oversized vehicle presents sufficient evidence that the oversized vehicle was the sole means of transportationas of effective date of this ordinance. The permit shall expire 12 months from the date of issuance and shall be renewed annually thereafter. c. Upon first obtaining and in compliance with a permit from the Chief of Police or his designee, a visiting non-City resident may park immediately adjacent to the residence being visited for a period not to exceed seven consecutive days provided that no more than six such permits may be issued annually for any single address and/or person.d. Any permit issued under this subsection shall be prominently displayed in the front window of the vehicle to which it applies.2. Any person who is issued a permit under this subsection who is convicted,pleads guilty or pleads no 10 contender to a violation of this subsection, shall not apply or be issued a permit for six months from the date of the conviction, guilty plea or plea of no 10 contender is entered with the court. In addition no person shall be issued a permit tor the address to which such permit was issued.3. Any person applying for a permit under this subsection shall pay a fee to the City to recover the estimated reasonable costs of processing the permit. Such fee shall be set by resolution of the City Council.4. Any person who intentionally submits false information in order to obtain a permit under this subsection shall, in addition to any penalties provided under state law, be guilty of a misdemeanor.SECTION IV:A new subsection IO.34.060H is added to read as follows:H. Any passenger vehicle, any vehicle described in subsection 1O.34.060A or any oversized vehicle defined in subsectionI0.34.060G which a person has parked for the purpose of sleeping except when necessary or prudent to prevent potential injury to persons or property or if a person has obtained a valid visitor's permit pursuant to Section I0.34.060G.l.c and is in compliance with the permit's requirements."SECTION V:A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (IS) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk's a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. Immediately after the effective date of this ordinance the City shall include a summary of the adopted ordinance in a general mass mailing, such as the City water bill, to its citizens. ADOPTED this 13th day of April, 2004. ity of Orange ATTEST: e STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 23'd day of March, 2004, and thereafter at the regular meeting of said City Council duly held on the 13th day of April, 2004, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: Ambriz COUNCILMEMBERS: None City Cler, .MaryE. 4