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HomeMy WebLinkAboutORD NO 4194 41'94 ORO]NANC~: NO. ORDINANCE AMENDING SECTION 10.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF VEHICLES SECTIONI BE IT ORDAINED by the Council of the City of Bakersfield as follows: Chapter 10.40.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.40.010 Vehicles parked in excess of seventy-two hours - Removal and storage. A. It is unlawful for any vehicle (whether or not operable) to remain parked or standing upon any public street or alley in excess of seventy-two (72) consecutive hours. Any vehicle violating this ordinance may be removed and stored under the direction of the police department. B. For the purposes of this section, a parked or standing vehicle violates this section when the vehicle remains more than seventy-two (72) consecutive hours within one-half mile (2,640 feet) of any location where the police department first posted the vehicle with notice of potential violation of this section. C. In investigating whether a vehicle is in violation of this ordinance the police department shall consider the totality of the circumstances including but not limited to tire markings, eyewitness account, dirt and debris, vegetation, vehicle condition, photographic evidence and odometer recordings. D. in the event any vehicle is removed from a public street or alley as authorized by subsection A of this section, the police department shall give the notices as provided in the California Vehicle Code. The keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and for caring for and keeping the vehicle safe and may satisfy such lien upon compliance with and under the conditions stated in the Vehicle Code. SECTION 2. 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. .......... ooOoo .......... -- Page 1 of 2 Pages -- ORIGINAL 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 , by the following vote: ~ COUNCIL MEMBER CO'CH, CAR~ON, BENt'~AM, MA~A~Di HAN~ON' SULLIVAN' SALVA~G~O NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ~¥~.~ CITY CLERK and EX OFFI (~f ~ the Council of the City of Bakersfield JUN 2 3 2004 APPROVED: Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney .__.~ALLL~. SHJ~ ~ Deputy City Attorney AMS:Isc S:\COU NCIL\Ords\l 0.40.AmendVehicleRemovalFinal.doc -- Page 2 of 2 Pages -- ORIGINAL 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 25th day of June, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4194 , passed by the Bakersfield City Council at a meeting held on the 23rd day of June, 2004 and entitled: AN ORDINANCE AMENDING SECTION '10.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF VEHICLES /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield ~)EPUTY ~ty Clerk ORIGINAL