ORD-32-83 REGULATES THE TIME PLACE AND MANNER OF SELLING VEHICLES AND VESSELS ON PARKING LOTS AND PUBLIC STREETSORDINANCENO. 32-83AN
ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ORANGE REPEALING
SECTION 10.38.040 OF THE ORANGE
MUNICIPAL CODE AND ADDING SECTION 10.34.
090 TO THE ORANGE MUNICIPAL CODE TO REGULATE
THE TIME,PLACE AND MANNER OF
SELLING VEHICLES AND VESSELS ON PARKING
LOTS AND PUBLIC STREETS.WHEREAS, the City
Council
of the City of Orange finds that nume~ous parking lots
and st~eets have been used for the indis-criminate sale of vehicles
and vessels; and WHEREAS, in excess of
twenty vehicles fo~ sale have been obse~ved at a
parking lot which is not zoned for the sale of vehicles; and WHEREAS, shopping
center merchants
have complained about their parking lots being utilized
as unautho~ized used ca~ sales lots;and WHEREAS, catrs that
are
parked in parking lots or on the street for the purpose of
being displayed for sale take up parking spaces that are needed by
businesses in the commercial districts; and WHEREAS, automobile dealers have
complained that the unautho-rized use of shopping
center parking lots for the sale of automo-biles detracts from the
legitimate sale of automobiles and allows individuals to conduct business
in a place and manner that business-men a~e not
allowed to unless the businessmen obtain the proper zoning and conditional use
permits; and WHEREAS, the accumulation of
automobiles for sale in a parking lot or street gives
the improper impression that the area is zoned for the sale of
automobiles; and WHEREAS, the City Council
of the City of O~ange desires to ensu~e that streets and parking
lots atre not utilized as Used Car For Sale lots; and WHEREAS, the
City Council
of the City of Orange desires to ensure that streets and parking
lots are rese~ved for their primary pu~pose of facilitating traffic movement
and limited parking.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Section 10.38.040 of the Ouange Municipal Code is hereby
repealed.
SECTION II:
Section 10.34.090 is heueby added to the Orange Municipal Code
to read as follows:
10.34.090 Time, Place and Manner Regulations For the Sale of
Vehicles and Vessels. A. A person may park or place a vehicle or
vessel on private residential property belonging to or occupied by
the owner of such vehicle or vessel for the purpose of displaying
same for sale, hire or rental.
B. No person shall park or allow to be parked on their property
more than one vehicle or vessel on private property for the purpose
of displaying same for sale, hire or rental, except as provided in
Section D.
C. No person shall stop, park or place a vehicle or vessel on
a public street a district which is not a residential district for
the principal purpose of displaying same for sale, hire or rental.
D. A state licensed automobile sales or rental agency or
business having the appropriate business and zoning licenses and
permits may park or place their vehicle or vessel on their private
property in a commercial or industrial district in compliance with
the zoning laws of the City of Orange. The state licensed auto-
mobile sales or rental agency or business may also place signs and
advertising devices as set forth in the zoning laws. A person who
owns or has lawful possession of real property in a commercial or
industrial zone having the appropriate business and zoning licenses
and permits may allow a vehicle or vessel of anotheu person to be
parked or placed on said real property provided that the person who
owns or has lawful possession of said real puoperty shall place
inside the vehicle on a window where it can be read from outside
the vehicle a written notice with the following information:
1. The name of the owner or person in lawful posses-
sion of the real property;
2. Whether the person is the owner or is in lawful
possession of the real puoperty;
sion of the real property;
3. The address of the real property;
4. The vehicle license number or vessel numbeu;
5. A statement that the owner of the real property or
person in lawful possession is allowing the pauking of such vehicle
or vessel;
6. The time and dates during which the vehicle or vessel
will be parked;
Ord. No. 32-83
7.
The signature of the owner or person in lawful posses-sion
of the real property.The
written notice shall be on a document not less thao three inches
by five inches and no larger than 8 1/2 inches by 11 inches.E.
No person shall park or place a vehicle or vessel on the real
property of another person in a commercial or industrial district
for the principle purpose of displaying same for sale,hire
or rental, unless there is posted a written notice from the owner
of the real property as set forth in subsectionD above.F.
No person who owns or has lawful possession of real property
in a commercial or industrial zone, except as set forth in
subsection D above, shall park or place or allow to be placed or
parked any vehicle or vessel on said property for the purpose of
displaying the vehicle or vessel for sale, hire or rental.G.
A person may place two signs of up to 9 inches by 12 inches
each on a vehicle or vessel that is parked or placed for the
purpose of being displayed for sale. No person, except as provided
in subsection D above, shall place more than two signs on
a vehicle or vessel that is parked or placed for the purpose of
being displayed for sale. Such signs shall not exceed a size of
9 inches by 12 inches each.H. "
Vehicle" as used in this Section shall mean a vehicle as defined
in California Vehicle Code Section 670 as the same now reads or
may hereafter be amended.I. "
Vessel" as used in this Section shall mean a vessel as defined
in California Vehicle Code Section 9840(a), as the same now reads
or may hereafter be amended.J.
The parking or placing of any vehicle or vessel with a sign or
other advertising device thereon or proximate thereto, indicating such
vehicle or vessel is for sale, hire or rental, shall constitute prima
facie evidence that such vehicle or vessel was parked or placed
for the purpose of displaying same for sale, hire or rental.K.
The parking or placing on one parking lot or within 100 feet
of each other of three or more vehicles or vessels with signs or
advertising devices thereon or proximate thereto, indicating such vehicles
or vessels are for sale, hire or rental, shall constitute prima
facie evidence that such vehicle or vessels were parked or placed
for the principle purpose of displaying same for sale, hire or
rental.L.
In any prosecution for violation of this Section against the
registered owner of a motor vehicle or vessel, proof that the particular
vehicle or vessel described in the complaint was in violation
of said Section, together with proof that the defendant named
in the complaint was at the time the registered owner of the vehicle
or vessel, shall constitute prima facie evidence that the registered
owner of the vehicle or vessel was the person who placed the
vehicle or vessel at the point, where, and for the time during which,
the violation occurred. The foregoing provisions shall apply only
when the notice procedure as established by California Vehicle 3-
Ord. No. 32-83
Code Section 41103, as the same now reads or may hereafter be
amended, and complied with.
M. Any charge under this Section shall be dismissed when the
person charged has made a bona fide sale or transfer of the vehicle
or vessel and has delivered possession thereof to the purchaser and
has complied with the requirements of subdivision (a) or (b) of
Section 5602 or subdivisions (a) or (b) of Section 99U5 of the
California Vehicle Code prior to the date of the alleged violation
and has advised the court of the name and address of the purchaser,
and of the date of sale.
N. A violation of this Section shall constitute an infraction
punishable in the same manner as provided in Section 1200 of this
Code as the same now reads or may hereafter be amended.
SECTION III:
If any provision or clause of this Section or the application
thereof to any person or circumstance is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, such
invalidity shall not affect other section provisions, clauses or
applications thereof which can be implemented without the invalid
provision, clause or application thereof, and to this end the
provisions and clauses of this Section are declared to be severable.
SECTION IV:
A summary of this Ordinance shall be published and a certified
copy of the full text of tQis Ordinance shall be posted in the Office
of the City Clerk at lea~t 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 (15) days after
this Ordinance's passage in the Orange City News, 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 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.
ADOPTED this 18th day of October 1983.
Attest:
Ci~tk~f~
f?rP/
ty of Orange
4-
101 STATE
OF
CALIFORNIA )COUNTY OF
ORANGE ) ss CITY OF
ORANGE )I, MARILYN
J. JENSEN, 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
nth day of October , 19 83 , and there-after at
a regular meeting of said City Council duly held on the 18th
day of October , 19 83 , was duly passed and adopted
by the following vote, to wit:AYES: COUNCILMEN:
SMITH, BIIRRERA, MAYOR BEAM, PEREZ, BEYER NOES: COUNCILMEN:~~
ABSENT: COUNCILMEN:~~
WITNESS my
hand and seal this 19lil...19th
day
of October p?/~~Marlolyn
J. ens City Clerk
of the City of Orange 5-