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HomeMy WebLinkAboutOrdinance No. 2019-01ORDINANCE NO. 2019-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL AND OVERSIZED VEHICLE STREET PARKING REGULATIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 74-1 of Article I of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: See. 74-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bus loading zone means a public place alongside the curb of a street or elsewhere in the City which has been designated by the City engineer for the loading or unloading of passengers by a public carrier engaged in the transportation of passengers. Commercial vehicle means a motor vehicle of a type required to be registered under the California Vehicle Code, or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight of a single vehicle. Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladed weight of the towed units and any load thereon. Loading zone means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers or materials. Oversized vehicle shall be defined as any vehicle whether motorized or non -motorized, that exceeds twenty three (23) feet in length, or eighty (80) inches in width or ninety-six (96) inches in height regardless of its weight. Any extension caused by any mirror, load height or any accessory attached to such vehicle shall be considered part of the measured distance. Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in this section: 1. Buses as defined in the California Vehicle Code; 2. Trailer coaches as defined in the California Vehicle Code; and 3. Recreational vehicles as defined in this chapter. Park means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers. For purposes of this definition a vehicle that is moved to a location or parking place that is within a two -hundred (200) foot radius if its original location or parking place shall be deemed to be parked at the same original location. Parkway means that portion of a street other than a roadway or sidewalk. Passenger loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. Pipe or pole dolly means a vehicle, other than a motor vehicle, having one (1) or more axles which axles, if there be more than one (1), are not more than fifty-four (54) inches apart, and two (2) or more wheels, used in connection with a motor vehicle solely for the purpose of transporting poles, timbers, pipes, or integral structural materials and connected with the towing vehicle both by chain, rope, cable, or drawbar, and by the load, without any part of the weight of the dolly resting upon the towing vehicle. Police officer means every officer of the police department or any City employee authorized by the chief of police to direct or regulate traffic or to make arrests for violations of this chapter. Recreational vehicle shall be defined as a motor home, slide -in camper, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include: 1. Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy; 2. Motor home. A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy; 3. Slide -in camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper. 4. Travel trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy. Semitrailer means a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. Stop, when required, means complete cessation of movement. Streetcar means a car, other than a railroad train, for transporting persons or property and operated upon rails, principally within the City. Taxistand means a public place alongside the curb of a street or elsewhere in the City which has been designated by the council as reserved exclusively for the use of taxicabs. Trailer means a vehicle designed for carrying persons or property on its own structure and for being drawn by a vehicle. "Trailer" includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. Truck tractor means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed thirty-four (34) square feet. Unladed weight means the weight of a vehicle equipped and ready for operation on the road including the body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor fuel; also equipment required by law, and unless exempted under California Vehicle Code Section 661, any special cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle. Vehicle means 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. SECTION 2. Section 74-466 of Article VIII of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Sec. 74-466 Commercial and Oversized Vehicle Parking. (a) No person shall park, store or leave standing any commercial vehicle, truck tractor or truck tractor with or without an attached trailer, semitrailer or pipe or pole dolly designed to be operated in combination with a truck tractor with a gross vehicle weight rating or gross combination weight rating of more than ten thousand (10,000) pounds on any public highway, street or alley in the City in excess of sixty (60) minutes, unless: (1) The vehicle is making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. (2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (3) The vehicle is an ambulance, paramedic or public safety vehicle involved in responding to an emergency. (4) The vehicle is being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. (5) The vehicle belongs to federal, state or local authorities while conducting official government business. (b) Regardless of weight, no person shall park or leave standing any detached trailer, travel trailer, camping trailer, boat, boat trailer, semitrailer or pipe or pole dolly upon any public highway, street or alley. (c) No person shall park, store or leave standing any oversized vehicle upon any public highway, street or alley for more than sixty (60) minutes between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than thirty (30) minutes between 2:00 a.m. and 6:00 a.m. of any day, unless: (1) The oversized vehicle is making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. (2) The oversized vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (3) The oversized vehicle is an ambulance, paramedic or public safety vehicle involved in responding to an emergency. (4) The oversized vehicle is being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. (5) The oversized vehicle belongs to federal, state or local authorities while conducting official government business. (d) Notwithstanding the parking and standing prohibitions contained in subsection (c), an oversized vehicle that is a recreational vehicle or vehicle with an attached camping, travel or boat trailer that belongs to a resident, or a guest of the household in which such resident resides, may be parked or left standing for seventy-two (72) hours provided the following conditions are met: (1) The recreational vehicle or vehicle with an attached camping, travel or boat trailer is parked on the street immediately adjacent to the property upon which the resident or guest resides. (2) The recreational vehicle or vehicle with an attached camping, travel or boat trailer is not be used for overnight camping, lodging, residing in, or any use for accommodation purposes. (3) The recreational vehicle or vehicle with an attached camping, travel or boat trailer shall not visibly block or obscure any existing safety or traffic control device and shall otherwise meet all other parking requirements for the street upon which it is parked. (4) The Police Chief, or designee, determines that the parking of the recreational vehicle or vehicle with an attached camping, travel or boat trailer would not create a public safety hazard and is issued a temporary overnight parking permit by the Chief, or designee. Such a determination may be made based on factors, including, without limitation, the size of the recreational vehicle or vehicle with an attached camping, travel or boat trailer, the configuration of the street or the location of any nearby trees, improvements or structures. (5) Parking of the recreational vehicle or vehicle with an attached camping, travel or boat trailer shall be in compliance with other applicable laws and parking regulations otherwise imposed on the street, including but not limited to parking restrictions containing time limitations and parking restrictions imposed for the purpose of facilitating street sweeping." SECTION 3. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption. SECTION 5. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on the 16th day of September, 2019, by the following vote: L,-W.d /ZVW. A/Z J eph Romero Rocha Mayor ATTEST: Je r a n e Cornej r., ity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2019-01 was duly introduced and adopted at a regular meeting of the City Council of the City of Azusa on the 16"' day of September, 2019, by the following vote: AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE f4Cler e Cornej City APPROVEDAS TO FORM: — Best At & Krieger, tLP City Attorney