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HomeMy WebLinkAbout02/16/2005 B A K E R S F I E L D Zack Scrivner, Chair Sue Benham David Couch Staff: Alan Christensen SPECIAL MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Wednesday, February 16, 2005 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT OCTOBER 18, 2004 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A, Discussion and Committee recommendation regarding RV Parking on City Streets B. Review and Committee recommendation regarding Illegal Posting of Signs C. Committee recommendations on date for next Committee meeting 5. COMMITTEE COMMENTS 6. ADJOURNMENT S:~C\05 Legislative&Litigation\O5feb16agenda.doc Alan Tandy, City I~nager Sue Benham, Chair Staff: Trudy Slate'? David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Monday, October 18,~2004 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:03 p.m. Members present: Councilmember Sue Benham, Chair Councilmember Jacquie Sullivan Member absent: Councilmember David Couch 2. ADOPT SEPTEMBER 20, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS ON DOWNTOWN WEEKEND SAFETY ISSUES-REPORT OF THE AD HOC DOWNTOWN TASK FORCE Chairperson Sue Benham explained the background behind the report of the task force reported in her memorandum to the Committee of October 7, indicating the Committee had met monthly and participants included representatives from the Downtown Business Association, the Alcoholic Beverage Control unit, the District Attorney's Office, the Chief of Police and his staff, the City Attorney and herself. Administrative changes have already been made that have improved the situation and the task force recommends the.Legislative and Litigation Committee forward to Council for adoption the following recommendations. 1) That the cabaret sections of the Bakersfield Municipal Code be amended to require annual permits and the imposition of conditions at the renewal period. Agenda Summary Report Legislative and Litigation Committee October 18, 2004 Page 2 2) That in the interests of community safety, there be a greater awareness amongst City staff when evaluating the PC&N and liquor license application process so that significant consideration be given to Department of Justice Part I Crime statistics and police calls for service. 3) That the Bakersfield Police Department and necessary City staff continue to meet with downtown bar owners and the Downtown Business Association to meet their needs of appropriate Police presence. 4) That City Council work with the City Attorney to develoP and approve a community prosecution program in which the City Attorney's Office will partner with the District Attorney's Office to insure that those who commit misdemeanor crimes that threaten our community's "quality of life" are held accountable for their actions. 5) That the Bakersfield Police Department pursue an agreement with the County/Western Corrections Diversion Program in an effort to divert certain misdemeanor arrests to community services projects and to insure that there is a form of restitution for those who commit "quality of life" misdemeanor offenses. After further Committee discussion, the Committee directed staff to forward the recommendations to Council for adoption. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CHANGES IN THE CITY'S *FIREWORKS LOTTERY PROCEDURES/ORDINANCE Finance Director Greg Klimko indicated in his memo he had tried to structure basic recommendations and options, although the memo did not include all. He explained that the numbers he provided.on costs were estimates and were not a complete cost recovery analysis. Discussion on eliminating grandfathered permits elicited a response from City Attorney Ginny Gennaro who stated that amortizing the elimination of the grandfathered permits' over time, rather · than immediately, would be better and that she would recommend that both for-profits and non- profits be treated equally. Chairperson .Benham asked for public comments which included Mr. Austin's desire for the grandfathered permits to remain, or at least sunset over time, Ms. Barricklow's comments on communities which have added fireworks (handouts provided), Mr. Brimmer's desire for grandfathered permitees to have a roundtable discussion to come up with solutions, and Ms. Nelson's comments on the contributions to the community the Sports Divers have made over time. After further Committee discussion, Chairperson Benham recommended changing the ordinance as follows: for 2005, eliminate duplicate applications, eliminate automatic allowance for County permits annexed into the City, add service to the community as a condition for applicant approval, add to the Fire Code administrative procedures for administrative enforcement, ban Piccolo Pete and ground flower type fireworks, require educational fire safety information authorized by the Fire Department with the cost borne by the permit holder, initiate a two-year fireworks permit cycle; for 2007, eliminate all grandfathered permits. Committee Member Sullivan agreed, and the motion passed to -forward the recommendations to the Council. Agenda Summary Report D~Z~FT Legislative and Litigation Committee October 18; 2004 Page 3 Chairperson Benham clarified that issues of coordinating with the County should be brought back to the Committee after the first of the year. Identification of staffing costs for 2005 should be sent to Budget and Finance and should be included in' the recommendations to Council. 5.. COMMI'R'EE COMMENTS Chairperson Benham announced the next meeting of 'the Legislative and Litigation Committee would be Wednesday, November 10, 2004 instead of the formerly scheduled date of Monday, November 15, 2004. 6. ADJOURNMENT The meeting adjourned at 2:00 p.m. ' Staff Attendees: Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater; City Attorney Virginia Gennaro; Finance Director Greg Klimko, Assistant Finance Director Nelson Smith, Acting City Treasurer Cheryl Perkins; Fire Chief Ron Fraze, Deputy Fire Chief Kirk Blair; Police Chief Bill Rector, Police Captain Tim Taylor; City Clerk Pamela McCarthy Others Present: Cheryl Nelson, Bill Brimmer, Roger W. Jobe, DeeAnn Barricklow, Joseph A. Austin, Emily Thiroux, Brett Musselman, Fred Prince B A K E R S F I E L D MEMORANDUM February 11,2005 TO: Legislative and Litigation Committee FROM: Alan Christensen, Assistant City ManagerJ~--.-~ SUBJECT: Illegal Parking of Large Vehicles in Residential Areas This item was referred by Councilmember David Couch regarding illegal parking of large vehicles in residential neighborhoods. Recently the ordinance related to this activity was modified to restrict such vehicles from being parked in residential areas for no more than 72 hours, then they must be moved at least ¥2 mile from where the notice of potential violation occurred. Councilmember Couch is concerned that violations are still occurring even after the new ordinance, and would like to have us look into whether the 72-hour period and the distance are sufficient to prevent the illegal parking. Attached is a copy of the ordinance and other background materials from previous meetings on the subject, including ordinances from other California cities. 10.40.010 Vehicles parked in excess of seventy-two hoursmRemoval and storage. Page 1 of 1 10.40.010 Vehicles parked in excess of seventy-two hours--Removal and ~orage. 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 consecutive hours. Any vehicle violating this section 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 consecutive hours within one-half mile (two thousand six hundred forty 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 section 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. (Ord. 4194 § 1, 2004: prior code § 11.04.660) http://www, codemanage.com/bakersfield/index.php?topic= 10-i- 10_40-10 40 010 2/1/2005 . _J M E M O R A N D U M CITY MANAGER'S ~:': CITY ATTORNE¥'S OFFICE - May 5, 2004 TO: LEGISLATIVE AND LITIGATION COMMITTEE '~SUE BENHAM, CHAIR DAVID COUCH JACQUIE SULLIVAN RN~.~[~,~j~ FROM: VIRGINIA GENNARO, CITY ATTO ~r~vALLEN-M. SHAW, DEPUTY CITY ATTORNE~ SUBJECT: REMOVAL OF VEHICLES UNDER THE MUNICIPAL CODE Transmitted herewith is a copy of a proposed change to municipal ordinance 10.40.010. This draft attempts to address the concerns of the committee: (1) ensuring the owner moves the vehicle a substantial distance when ticketed; and (2). discretion. vested in the Police Department. We are submitting this draft for discussion at the next Committee meeting. VG/AMS:Isc Attachment S:~POLIC~MEMOS\Leg&Lit. VehicleRemoval.doc ORDINANCE NO. ORDINANCE AMENDING SECTION 10.40.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF VEHICLES SECTION I 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 vehicles (whether or not operable) to ~ remain parked or le~ standing upon any public street or alley ¢,',-,.., ',,.,,~.., *~'-"-.,,,~,, in excess of seventy-two (72) consecutive hours. Such Any vehicles 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 ef-4he-sta~ =r,d thc._ The. keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and for cadng for and keeping the vehicle safe and may satisfy such lien upon compliance with and under the conditions stated in ~....,~.,,... ,-)-)o~,~ .,..,~ ,),~,:-~ ..~ 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. --oo0oo-- - Page 1 of 2 Pages - 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: AYES: COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLNAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClL MEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By:. HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:, ALLEN M. SHAW Deputy City Attorney ,~MS:lsc S:\COUNCIL\Ords\10.40.ProP°SedAmendVehicleRemoveTaylorShawdraff3redline.doc - Page 2of2 Pages - § 670. "Vehicle" A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. .B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM March 25, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST ill ~.~~ ~ SUBJECT: OVERSIZED/RECREATIONAL VEHICLE PARKING. Over the last couple months, City staff has' reviewed Bakersfield's and other cities' ordinances relating to oversized and recreational vehicle parking. It has generally been found that many of the concerns felt in Bakersfield have been felt in other cities to some degree or another. Additionally, given city size, location, availability of parking facilities, and other community issues and level of activeness of their constituencies, cities have chosen different venues to try to solve the individual issues each has with oversize or recreational vehicle parking problems. About the only consistency over city systems is that they are "complaint driven." It is important to remember that any ordinance that is promulgated will have an impact not only on the department issuing the citations (or following through on the complaint) but also on the department/departments who receive the complaints originally. Policies for exceptions, if promulgated, also have an impact on the department/s which must issue the exceptions (i.e., parking permits). And, of course, there are costs involved in all aspects of the process, costs which should be considered for recovery or not. A review of the impacts upon City residents and staff of new restrictions on oversized/recreational vehicle parking for Bakersfield would be prudent prior to instituting any change and should include secondary parking issues which may arise as a result of them. (One city noted that once the parking prohibitions removed these vehicles from the streets, secondary complaints ensued because people were parking their vehicles illegally on their properties--i.e., too close to street, parked in yard or driveway, not behind a fence or screened area, inhabited.) The Police Department will be present to the Committee at its meeting a proposal modifying the City's ordinance regarding moving these vehicles which it believes will help eliminate much of the signage requirements needed in many instances. Information is attached on cities contacted and additional information will be available at the Committee meeting for member review. P:\L&L\M0403251 -Oversized-RecreationalVehicles B A K E R S 1: I E L D OFFICE OF THE CITY MANAGER MEMORANDUM March 22, 2004 TO: CITY ATTORNEY GINNY GENNARO FROM: TRUDY SL.ATER, ADMINISTRATIVE ANALYST Ill ~ ~;~"/---'-~-"~ ~ SUBJECT: INFORMATION ON OVERSIZE AND/OR RECREATIONAL VEHICLE PARKING IN RESIDENTIAL AREAS IN OTHER CITIES As a follow up to an earlier meeting with you, I have made contact with other cities regarding their ordinances and issues they might have relating to oversize and/or recreational vehicle parking in residential areas. Information was obtained from the cities of Agoura Hills, Thousand Oaks, Camarillo, Pasadena, Modesto and Fresno. The following summarizes that information. City of Camarillo Camarillo has prohibitions on oversize and recreational vehicles parking on streets in residential areas. Attached is a Camarillo information brochure on its parking regulations and sample sign. Violations are issued on a complaint basis by the Camarillo Police Department by non-sworn individuals. Temporary parking permits are allowed but on a limited basis. There was greater resistance .to the ordinance when passed in 1997 than there is currently. A secondary issue arose regarding parking restrictions on private property when residents could no longer park on the streets. Signs are generally posted on major streets and highways letting individuals know the parking restrictions in residential areas. (Note: Camarillo covers about 20 square miles and has approximately 57,000 people.) City of Agoura Hills The Agoura Hills ordinance is enforced by the Sheriff's Department. Recreational vehicles are to be off the street and behind screening or in an RV park or storage rental. On private property, they require a 5 foot setback and screened by a solid wall; residents cannot park in their driveways. They must have a side yard in which to park the RVs. More than 50% of the complaints received come in about parking issues on the property itself. Code Enforcement handles the private property issues. (Note: Agoura Hills covers about 7 square miles and has approximately 21,000 people.) City of Thousand Oaks Thousand Oaks prohibits overnight parking on posted public streets. In order to get an area posted for no parking, 75% of the property owners must agree. They have one area which .falls within this guideline. There are two other areas around high schools which are designated for permit parking. The city has established an ad hoc committee to study the issue of banning RV's but there are limited areas where they could go. Land was donated earlier to the City, and they are reviewing the possibility of developing an RV storage facility. They have very active RV constituents. (Note: Thousand Oaks covers about 56 square City Attorney Ginny Gennaro March 22, 2004 Page 2 miles and has approximately 117,000 people.) City of Pasadena A review of Pasadena's ordinances on-line indicate it, too, requires a 5 foot setback as well as other' restrictions, including prohibitions on parking recreational vehicles on the grass, dirt, or other landscaped areas around a house. Pasadena has preferential parking districts which can and are established and dissolved by city council resolution. (Note: Pasadena covers about 23 square miles and has approximately 134,000 people.) City of Fresno In Fresno, in residential districts, except the R-A district, recreational vehicles and trailers shall be parked and stored in enclosed areas or in the rear yards or side yards, enclosed by a wall or solid fence not less than five feet in height (Section 12-306). No recreational vehicle, while parking-or stored in any residential district, shall be used for sleeping or habitation. Fees for residential parking permits are designated in the master fee schedule and can differ from area to area. Upon a verified petition by residents of at least 100 dwelling units in the residential area proposed for designation or residents living in 50% of the living units .in the area proposed for designation, whichever is lesser, the CAO or designee shall undertake or cause to be undertaken a survey or study necessary to determine whether a residential area satisfies the designation criteria for a residential permit parking area. The Council can by resolution designate residential permit parking areas in which resident vehicles displaying a valid parking permit may stand or be parked without limitation by parking restrictions established by this article (Section 10-2102 and 10-2103). (Note: Fresno covers about 105 square miles and has approximately 428,000 people.) City of Modesto Modesto prohibits parking of oversized vehicles or trailers on streets in residential areas Monday through Fridays, with exceptions (Section 3-2.2006 and 3-2-2007) and restricts placement of a recreational vehicle upon any lot, with exceptions, including in a residential zone (Section 10-2-2307). The City Council can determine that unique parking problems exist in specific areas. Upon the filing with the City Clerk of a verified petition containing the valid signatures of at least 67% of the residents and owners of real property in a specific residential area, Council shall conduct a public hearing to consider whether that residential area should be designated as a residential parking permit zone, due to the nature, location, frequency or duration of activities or events causing such .problems, that outweigh the needs of the general public for .access to the area and its facilities. The Council may by resolution establish a residential parking permit zone for said residential area in accordance with the provisions of this article. Such resolution shall state the findings of necessity for the zone designation, the boundaries of the residential parking permit zone, the applicable time limitations, the day or days of restriction, and such other conditions as Council deems necessary and in the public interest. Persons occupying residences with frontage on streets within a residential parking permit zone shall be exempt from the general restrictions of parking. Such exemptions shall be evidenced by a valid parking sticker affixed to the left front window of the parked vehicle. Council shall not consider permit zone establishment for a particular residential area more frequently than once each year (Section 3- 2-1900). (Note: Modesto covers about 36 square miles and has approximately 189,000 people.) I have attached back up materials for your review. P:~.&L~V10403221-Oversize-RecreationalVehicleParking Attachments .' MEMORANDUM CITY ATTORNEY'S OFFICE January 9, 2004 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: GINNY GENNARO, CITY ATTORNE,,~ ~I, SUBJECT: OVERSIZE VEHICLE PARKING For your review and discussion at the Legislative and Litigation Committee and pursuant to the Committee's request, I have attached, in alphabetical order, sample ordinances from Agoura Hills, Camarillo, and Thousand Oaks which prohibit oversize vehicles parking. GG:Is s:\LYN\GINNY~CoRRESPONDENCE\OVERSIZPRK lqextPage LivePublish - - Page 1. of 1 3201. Oversize vehicles; parking within residential zone. (a) No person shall park or leave standing upon any public street or highway within a residential zone, as shown on the official zoning map of the city as may be amended, any oversize vehicle at any time between the hours of 9:00 a.m. and 5:00 p.m. For the purposes of this section, the term 'oversize vehicle" shall mean any vehicle or combination of vehicles which exceeds twenty (20) feet in length, eighty (80) inches in width, or eighty- two (82) inches in height, exclusive of projecting lights or devices allowed by Sections 35109, 35110, or 35112 of the Vehicle Code as may be amended. (b) This section shall not apply to any person who is actually engaged in the loading or unloading of any noncommercial .oversize vehicle or is actually engaged in making emergency repairs thereon. Further, this section shall not apply to any commercial oversize vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on a public street or highway within a residential zone or delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a public street or highway within a residential zone for which a building permit has previously been obtained. (c) Violation of this section is hereby deemed to be an infraction and is punishable according to the provisions of section 1200(b) of this Code. Furthermore, 15ursuant to Section 22651 of the Vehicle Code, any oversized vehicle parked or left standing on a public street or highway in a residential zone in violation of this section may be removed from the street or highway upon which such vehicle is parked or left standing. (Ord. No. 33, 10-19-83;' Ord. No. 90, 10-2-85; Ord. No.91, 10-16- http://~ivepub~ish~munic~de~c~m/2/~pext~d~l/~nf~base36/~/252/258?f=-temp~ates&fn=d~cument. 1/7/2004 ~ . ,.N~xtPage LivePublish (,~, Page 1 of 1 3202. Commercial vehicles; overnight parking. (a) No person shall park or leave standing upon any public street or highway any commercial vehicle having an unladen vehicle weight of eight thousand. (8,000) pounds or more at any time between the hoUrs of 2:00 a.m. and 6:00 a.m. (b) This section shall not apply to any person who is actually engaged in making emergency repairs on a commercial vehicle subject to the provisions of this section. (c) Violation of this section is hereby deemed to be an infraction and is punishable according to the provisions of section 1200(b) of this Code. Furthermore, pursuant to Section 22651 of the Vehicle Code, any commercial vehicle having an unladen vehicle weight of eight thousand (8,000) pounds or more parked or left standing on a public street or highway in violation of this section may be removed from the street or highway upon which such vehicle is parked or left standing. (Ord..No. 33, 10-19-83; Ord. No. 91, 10-16- http://~ivepub~ish~munic~de~c~m/2/~pext~d~~ginf~base36/ ~/252/25d?f=temp~ates&fn=d~cument~ 1/7/2004 · .Ne-xtPage LivePublish ~-- Page 1 of I 3203. Oversize vehicles; parking pass within residential zones. Notwithstanding the provisions of section 3201 of the Agoura Hills Municipal Code, an oversize vehicle, as defined in section 3201, may be parked in a residential zone if a one-day parking pass is issued pursuant to this section. The purpose of the oversize vehicle parking pass is to give owners of oversize vehicles an opportunity to park adjacent to their residences for loading and unloading and to allow out-of-town visitors to park in front of the residence which they are visiting for a limited time period during the hours otherwise prohibited by section 3201. The provisions of this section shall not supersede any covenants, conditions and restrictions or other private agreements. The terms of such oversize vehicle parking passes shall be as follows: (a) Issuance of pass. Oversize vehicle parking passes shall be issued by the city manager or his designated 'representative and the Los Angeles County sheriff's department. Any bona fide resident may obtain an oversize vehicle parking pass to park such vehicle in front of his or her residence. Any out-of- town visitor of a residence may obtain an oversize vehicle parking pass authorizing the visitor to park such vehicle in front of such residence. For purposes of this section, "out-of-town Visitor" shall mean any person who permanently resides in a city other than Agoura Hills. (b) ~ Application. To obtain an oversize vehicle parking pass, each_applicant shall fumish his or her and address, the license number of the oversize vehicle and the loCation at which the applicant desires to park the vehicle. (c) DesCription of pass; display. The qversize vehicle parking pass shall be issued in card form and shall include the identifying license number, the date of issuance, and the day the parking pass is valid. Such pass shall be placed in the interior of the vehicle in such a manner as to be clearly Visible to traffic enforcement officers. (d) Duration and renewal The oversize vehicle parking pass shall be valid for a one-day period. Upon expiration of a parking pass issued under this section, the applicant may apply for and be granted a new oversize vehicle parking pass if the applicant still qualifies under the conditions, set forth Therein. In no event shall more than two (2) parking passes be issued to an applicant within a thirty-day period. (e) Fee. The city council shall, by resolution, establish a fee for issuance of a parking (Ord. No. 104, 5-13- http://~ivepublish~munic~de~~~m/2/~pext~d~~~~nf~base36/~/252/262?f=-temp~ates&fn=d~cument~ 1/7/2004 Section 11.20.220 Oversized vehicles--Parking prohibited--Parking permits. A. Definitions. For the purposes of this section, the following words or phrases shall be defined as follows unless the context clearly otherwise requires: "Out-of-town visitor" means any natural person who does not reside in the city and who is temporarily visiting a resident of the city. "Oversized vehicle" means any vehicle, as that word is defined in the Vehicle Code, or a combination of connected vehicles, which exceeds twenty-five feet in length, and/or eighty inches in width' and/or eighty-two inches in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the California Vehicle Code as it now exists or hereafter may be amended. "Oversize vehicle" shall not mean or include a pickup truck, which is less than twenty-five feet in length and eighty-two inches in height. "Residential areas" means those residential areas of the city identified in Exhibit A, attached to the ordinance codified in ~is section and incorporated 'herein by this reference. "Commercial areas" mean those commercial areas of the city identified in Exhibit A, attached to the ordinance codified in this section. "Highway" shall be defined as set forth in the Vehicle Code. B. Daytime Parking Prohibited. Except as provided in subsections C or D of this section, no person shall park or leave standing any oversized vehicle at any time between the hours ten a.m. and four p.m. Mondays through Fridays, inclusive, holidays excepted upon any highway within a residential area or a commercial area of the city. C. Exceptions. This section shall not apply: 1. To any person while actually engaged in the loading or unloading of an oversized vehicle; or 2. To any person while actually engaged in making temporary or emergency repairs to an oversized vehicle; or 3. To any person while actually engaged in the pickup or delivery of goods, wares and merchandise, including, without limitation, building materials, fi.om or to a property or building 'located in a residential area or a commercial area; or 4. To any person to whom, pursuant to subsection D of this section, a valid oversized vehicle parking permit has been issued; or 5. To any public emergency vehicle; or 6. To any oversized vehicle properly displaying a valid oversized vehicle handicap permit. D. Permits. 1. Oversized Vehicle Parking Permit. An oversized vehicle may be parked on a highway in a residential are.a or a commercial area if an oversized parking permit or an oversized vehicle handicap permit therefor is issued by the city pursuant to the following: a. Purpose. The purpose of authorizing the issuance of oversized vehicle parking permits is to give owners of oversized vehicles an opportunity, for a limited time, to park the oversized vehicles on a highway adjacent to their residences or businesses for the purpose of loading or unloading such oversized vehicles, and to allow an out-of-town visitor to park on a highway adjacent to the residence which the out-of-town visitor is visiting for a limited time period, notwithstanding the provisions of subsection B of this section. The purpose of authorizing the issuance of oversized vehicle handicap permits is to allow a handicapped person, whether or not such person has a handicap license plate, to park a designated oversized vehicle on highways in the city. b. Issuance of Permits. Oversized vehicle parking permits and oversized vehicles handicap permits shall be issued by the police chief of the city, or designee. - c. Requirements for Oversized Vehicle Parking Permits. Any bona fide city resident may obtain an oversized vehicle parking permit to park a designated oversized vehicle, for a limited period of time, on a highway adjacent to his or her residence or his or.her commercial business. Any out-of-town visitor to a residence within the city may obtain an oversized vehicle parking permit authorizing the visitor to park a designated oversize vehicle on a highway adjacent to a specified residence where he or she is a guest. d. Requirements for Oversized Vehicle Handicap Permit. Any bona fide city resident may obtain an oversized vehicle handicap permit if such person would be entitled to receive a handicapped placard or license plate pursuant to the provisions of the California Vehicle Code, and if the oversized vehicle is the only vehicle able to accommodate the resident seeking the same. Oversized vehicle handicap permits shall be valid so long as the holder thereof meets the requirements of this section relating to such permits, and meets the qualifications for a handicap placard or license plate pursuant to the Vehicle Code, regardless of whether such an individual applies for and receives a handicap placard or license plate. e. Application Forms--Fees. Each applicant desiring an oversized vehicle parking permit or an oversized vehicle handicap permit, shall file with the police chief, a completed city application form therefor, and pay the processing fee if required by resolution of the city council. f. Description of Permits. Oversized vehicle parking permits and oversized vehicle handicap permits shall be issued in a form approved by the police chief, and shall include the license plate number of the oversized vehicle to which it relates, and, as to oversized vehicle parking permits, the date of the issuance and the day of its expiration. g. Display. All permits shall be placed at the lower driver's side of the windshield of the oversized vehicle to which it relates so that it is clearly visible from the exterior of the oversized vehicle. h. Oversized Vehicle Permit--Duration--Renewal. i. Oversized Vehicle Parking Permit. An oversized vehicle parking permit shall be valid for a period not to exceed five consecutive calendar days. Upon expiration of an oversized vehicle parking permit issued under this section, the applicant may apply for and be granted additional oversized vehicle parking permits if the applicant still qualifies under the conditions set forth herein. In no event shall oversized vehicle parking permits be isSued to an applicant for a total period in excess often days within any consecutive ninety day period. ii. Oversized Vehicle Handicap permits. Oversized vehicle handicap permits shall be valid for a period of two years, and may be renewed, if the applicant continues to meet the qualifications therefor. An oversized vehicle handicap permit shall be automatically revoked if the holder thereof no longer meets requirements of subsection D of this section. B. Signs giving reasonable notice of the prohibitions contained in this section shall be erected within the city as required by California Vehicle Code Section 22507. (Ord. 928 § 1, 1999; Ord. 925 § 1, 1999; Ord. 886 § 1, 1997: Ord. 875 § 1, 1997.) ,Sec. 4-3.420. Prohibition of owmight parking on posted public streets. ,-- Page 1 of 1 TITLE 4. PUBLIC SAFETY CHAPTER 3. TRAFFIC Sec. 4-3.420. Prohibition of overnight parking on posted public streets. (a) Designation. Upon filing with the City of a petition signed by seventy-five (75%) percent of the property owners of property adjoining any public street which is requested to have restricted parking, the City Council shall hold a noticed public hearing and may, by resolution, direct the City Engineer to post specified public streets, or portions thereof, within residential zones .of the City, restricting parking or standing of vehicles between the hours of 2:00 a.m. to 6:00 a.m. (b) Prohibition. Between the hours of 2:00 a.m. to 6:00 a.m., it is unlawful for any person in any residential zone to park or leave standing a vehicle, as defined 'by the California Vehicle Code, on a posted public street without a properly issued City.permit visibly shown in the vehicle. (c) Exemptions. The following vehicles are exempted from the no-parking and no-standing provisions of this section: (1) Any vehicle registered with the California Depertment of Motor Vehicles to a disabled person, as defined in Section 22511.5 of the Vehicle Code, and bearing a distinguished license plate issued by the Department of Motor Vehicles; (2) Any vehicle which cannot be parked off the roadway because of ongoing construction activity at the adjoining property, and the Police Department has been notified; (3) Any vehicle parked only for such time as the person parking the vehicle shall be making deliveries or .pickups at a property within the .immediate area; (4) Any ambulance or other vehicle parked for an existing fire, safety, or health emergency purpose; (5) Any vehicle which has been issued and displays a permit issued under this Section; (6) Any vehicle owned, leased or operated by the City, or any other governmental agency or by any public utility company; (7) A recreational vehicle which is parked for only one twenty-four (24) hour pedod for the purpose of loading and unloading. (d) Permit. The Public Works Department shall, review and may issue twelve (12) month permits for each dwelling unit to be used for parking by the occupants of that dwelling upon submission of a wdtten apPlication, payment of appropriate processing fee, and in accordance with specific guidelines established by the City Council by resolution. Such. permits shall allow parking or standing of vehicles on public streets between the hours of 2:00 a.m. to 6:00 a.m. No permit shall be issued unless all required garage parking areas or carports are being used for the parking of licensed .and operative vehicles. Guest permits may be obtained consistent with the City Council's resolution authorizing such posting. (§ 1, Ord. 1139-NS, eft. March 17, 1992) http://municipa~c~des.~exisnexis~c~rr~cgi-bin/hi~ite~pVc~des/th~aks/-DATAF~ITLE~4/CHAP~ 1/7/2004 B A K E R'S F I E L D MEMORANDUM February 11,2005 TO: Legislative and Litigation Committee FROM: Alan Christensen, Assistant City Manager/~ SUBJECT: Illegal Posting of Signs This item was referred by Councilmember Harold Hansen regarding illegal posting of signs on stop signs, light poles and in other locations in the City right-of-way. Staff has consulted with the City Attorney, who assures us that proper ordinances are in place restricting such activities. However, the problem lies in enforcement. First, we lack sufficient staff to monitor the posting of signs. This would be a code enforcement related activity, but our officers are responding to housing and other code violations that have a higher .priority. So there is no .time left to take on additional workload with existing staff. Second, prosection of violators is a challenge also because of staffing. Without proof or an eye witness to the violation, we are unable to prosecute the violators. Staff welcomes discussion by the Committee so we can determine, if possible, an approach to the issue that is productive and effective.