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.
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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
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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