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Home My WebLink AboutORD NO 3950ORDINANCE NO. 3 9 5 0 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING SECTIONS 10.32.150 AND 10.32.160 TO THE BAKERSFIELD MUNICIPAL CODE AND AMENDING SECTION 10.56.080 BY DELETING SUBSECTION 10.56.080(E) ALL RELATING TO PARKING OF VEHICLES FOR PURPOSES OF SALE AND PARKING VEHICLES ON UNPAVED SURFACES. WHEREAS, the City Council finds that there has been an increase in the parking of vehicles upon pdvate property, including vacant lots, for purposes of selling such vehicles; and WHEREAS, the parking of such vehicles for sale is frequently upon unpaved surfaces and upon property wherein such sales are not permitted under applicable City zoning ordinances; and WHEREAS, the parking of such vehicles for purposes of sale is contrary to the public health, safety and general welfare in thal use of private property for the sale of vehicles is often without the knowledge of the property owner and it is not practical to require the property owner to take measures to prohibit such unauthorized use of the property by others; and WHEREAS, the City Council finds that the parking and sale of vehicles on private property in violation of city zoning ordinances contributes to blight and causes dust, trash, rubbish and other public nuisance problems associated with such sales, all to the detriment of the public; and WHEREAS, the City Council also finds that the parking of vehicles for the pdmary purpose of sale on city streets may be regulated by the city pursuant to the California Vehicle Code, as provided for herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 10.32.150 of the Bakersfield Municipal Code is hereby added to read as follows: 10.32.150 Parking for purpose of sale prohibited. (A) No person shall park any motor vehicle, trailer, camper, boat or other mobile equipment upon any public or private parking lot or any public or private property for the primary purpose of displaying such vehicle thereon for sale, hire or rental, unless the property is duly licensed and zoned by the city to transact that type of business at that location. -- Page I of 4 Pages -- (B) Subsection A of this section shall not prohibit a property owner or tenant of private residential property from parking and selling any motor vehicle, trailer, camper, boat or other mobile equipment on the pdvate residential property upon which such owner or tenant resides, provided the vehicle, trailer, boat, or other mobile equipment is also owned by the property owner or tenant and is parked on a paved surface. (C) Any person violating subsection A of this section shall first be given a 24-hour warning notice that the vehicle is parked in violation of subsection A before a citation is issued. Signs may be posted upon private and public property giving notice of the prohibition of subsection A. Where such signs are posted, the 24-hour waming notice need not be given. (D) No person shall park any vehicle, as such term is defined in Vehicle Code section 670, on any street or public right-of-way when it appears because of a sign or placard on the vehicle that the pdmary purpose of parking the vehicle at that location is to advertise to the public the pdvate sale of that vehicle. (E) Any peace officer or regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of the city may remove a vehicle located within the territorial limits in which the officer or employee may act when the vehicle is found upon a street or public lands if: (1) Because of a sign or placard on the vehicle it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the pdvate sale of that vehicle; and (2) Within the past thirty days the vehicle is known to have been previously issued a notice of parking violation, under this section which was accompanied by a notice containing all of the following: (a) A waming that an additional parking violation may result in the impoundment of the vehicle; (b) A warning that the vehicle may be impounded pursuant to Vehicle Code Section 22651.9, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle; (c) A statement that all city streets and public lands are subject to the provisions of this Section; (3) The notice of parking violation was issued at least twenty-four hours prior to the removal of the vehicle; (4) Vehicle Code Section 22852, incorporated herein by reference, applies to the removal of any vehicle pursuant to this section. SECTION 2. Chapter 10.32.160 of the Bakersfield Municipal Code is hereby added to read as follows: 10.32.160 Parking on unpaved surfaces. (A) No person shall park any motor vehicle, trailer, camper, boat or other mobile equipment on any unpaved area in any front yard (as defined in section 17.04.670 of this code) or on any side yard (as defined in section 17.04.690 of this code). -- Page 2 of 4 Pages -- (B) Any person violating subsection A of this section shall first be given a 24-hour waming notice that the vehicle is parked in violation of subsection A before a citation is issued. SECTION 3. Chapter 10.56.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.56.080 Unlawful parking -- Peddlers, vendors and taxicabs -- Permits. A. Except as otherwise provided by ordinance, no persons shall park any vehicle, wagon, or pushcart from which any foodstuffs or merchandise are sold, or offered for sale, except at the request of a bona fide purchaser and for a pedod of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons delivering foodstuffs or merchandise upon order of, or by agreement, with a customer, and when delivery is made from a store or other fixed place of business or distribution. B. No person shall erect or place a stand for the display of merchandise, foodstuffs, papers, or periodicals on any street without first obtaining a written permit to do so from the traffic authority. The permit, when issued, may be revoked at the discretion of the traffic authority. C. No person shall park or stand any vehicle, or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon, without first obtaining a wdtten permit to do so from the traffic authority, which permit may be revoked for cause at the discretion of the traffic authority. D. No person shall park or stand any taxicab or other vehicle used to convey passengers for hire within the city, except as is provided for and authorized in Chapter 5.50 and amendments thereto. E. Whenever any permit is issued under the provisions of this section or under any ordinance referred to in this section, no person shall stand or park any vehicle, wagon, or pushcart on any location other than as designated in the permit. -- Page 3 of 4 Pages -- SECTION 4. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... ooOOOoo .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~V~L.~.[~, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER CARSON, DEMOND, MAGGARD, COUCH,-R~"ES-, SULLIVAN, SALVAGGIO COUNClLMEMBER /~ C3'L~- COUNClLMEMBER ~'~/~ COUNCILMEMBER ~' ~ '~,~.~ CITY CLERK and EX OFFICI~'//of the Council Of the City of Bakersfield (/ APPROVED: JAN 2, fi ?nnn BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN CITY ATTORNEY CARL HERNANDEZ III Deputy City Attorney CH:lSc:d~r P:~oa rkv®hicie.sale.wpd -- Page 4 of 4 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss: County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 27th day of January , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3950 , passed by the day of January 2000 and Bakersfield City Council at a meeting held on the 26th entitled: An ordinance of the Council of the City of Bakersfield adding sections 10.32.150 and 10.32.160 to the Bakersfield Municipal Code and amending section 10.56.080(E) all relating to parking of vehicles for purposes of sale and parking vehicles on unpaved surfaces. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY~City Clerk ~ S:\DOCUMENT~AOPOSTING January 27, 2000