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HomeMy WebLinkAbout98-08 CC OrdinanceORDINANCE NO. 98-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.16.042 TO THE TEMECULA MUNICIPAL CODE PROHIBITING THE PARKING OF CERTAIN MOTOR VEHICLES IN EXCESS OF TWENTY (20) FEET IN LENGTH, MOTOR VEHICLES IN EXCESS OF EIGHT (8) FEET IN HEIGHT OR NINETY (90) INCHES IN WIDTH, MOTOR VEHICLES IN EXCESS OF 10,000 POUNDS, CERTAIN COMMERCIAL MOTOR VEHICLES, AND TRAILERS DETACHED FROM A MOTOR VEHICLE FROM PARKING ON CITY STREETS IN RESID~L AREAS EXCEPT UNDER CERTAIN DEFINED CONDmONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. to read as follows: Section 10.16.042 is hereby added to the Temecula Municipal Code "10.16.042. Prohibition of Oversized Vehicles Being Parked on City Streets; Exceptions. "A. No person shall park or leave standing upon any residential public street, highway, or right of way within the City limits of the City of Temecula any of the following: "1. Motor vehicles and motor vehicles with an attached trailer or non- motorized vehicle, of a length, or combined length, in excess of twenty (20) feet, or a height in excess of eight (8) feet, or a width in excess of ninety (90) inches, which width is measured from the widest portion of the body of the motor vehicle or attached trailer or non-motorized vehicle, not including mirrors; "2. Motor vehicles of a weight in excess of ten thousand (10,000) pounds; "3. Motor vehicles and vehicles used or maintained for the transportation of persons for hire, compensation, or profit, and designed and used, or maintained for the transportation of property, including, but not limited to, buses, motor trucks, trailers, semitrailers, trailer coaches, or track tractors as defined in the Ords. 98-08 I Vehicle Code and similar vehicles with a width in excess of ninety (90) inches as measured at the widest portion of the body not including mirrors; or It4. A non-motorized vehicle (including, but not limited to, a trailer, camper trailer, boat/watercraft trailer, farm machinery, construction equipment or other nonmotorized vehicle), regardless of length or width, when it has been detached from a motor vehicle. "B. The prohibitions described in Subsection A. shall not apply to motor vehicles and vehicles which are: "1. Engaged in the loading or unloading of persons and/or property; t'2. Parked in connection with, or in the aid of the performance of a service to or on a property in the block in which such vehicle is parked; or Parked or left standing as a result of a mechanical break down so as allow the performance of emergency repairs on the vehicle for a period not to exceed twenty four (24) consecutive hours; or Parked or left standing as allowed by a permit issued by the City pursuant to procedures established by the City Manager, provided however that no address within the City shall be issued a permit for more that three (3) calendar days at a time, four times within a calendar year, for a maximum of twelve (12) calendar days per calendar year. "C. As used in this section, "residential public street, highway, or right of way" means the full width of a public street, highway or right of way which is located within, or adjacent to, a residential zone as defined in Tifie 17 of the Temecula Municipal Code." Section 2. If any sentence, chuse or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Ords. 98-08 2 Section 3. and declares that: The City Council of the City of Temecula hereby finds, determines a. The testimony of citizens of the City of Temecula at a special City Council meeting on April 21, 1998 indicated that an immediate implementation of the restrictions in this ordinance would reduce the potential for accidents. b. Pursuant to California Government Code Sections 36934 and 36937, the City Council hereby finds and determines that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare, based upon the facts set forth in this Ordinance and the facts presented to the Council. Section 4. the date is adopted. This Ordinance being an Urgency Ordinance shall be effective as of Section 5. The City Clerk shall certify to the passage of this ordinance as an urgency ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED, Temecula this 28th day of April, 1998. ATTEST: A ' nng City Clerk %_J by the City Council of the City of Ron Roberts, Mayor [SE~L] O~is. 98-08 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 98-08 was duly was duly adopted and passed as an urgency measure at a regular meeting of the City Council on April 28, 1998, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Susa~ W. Iones, CMC )~c.~g City Clerk Ords. 98-08 4