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HomeMy WebLinkAboutOrd 10-03 On Street Vehicle StorageORDINANCE NO. 10 - 03 AN ORDINANCE OF THE CITY OF DUBLIN REPEALING AND REPLACING SECTION.6,04A30 REGARDING ON-STREET STORAGE OF VEHICLES AND REPEAL ~ REPLACEMENT OF OTHER AFFECTEDSECT!ONS 0F THE DUBLIN MUNICPAL CODE The City Council of the City of Dublin does ordain as follows: Section 1: Section 6.04.430 of Chapter 6, of the Dublin Municipal Code is hereby repealed. Section 2: A new Section 6.04.430 of Chapter 6, of the Dublin Municipal Code is hereby adopted to read as follows: 6.04.430 Use of streets for parking and/or storage of certain vehicles prohibited. (a) Defmitions. For the purposes of this secgion, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "Chief of Police" means the Chief of Police of the City of Dublin, or his designee. (2) "Commercial Vehicle" shall mean any vehicle having more'than two axles, or any single commercial vehicle or combination 0f ~d vehicles, which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty-four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more. A Commercial Vehicle includes a truck tractor, but does not include an oversized motor vehicle or non-motorized vehicle as defined herein or a pickup truck without a cab over camper or sports utility vehicle. (3) "Oversized Motor Vehicle" shall mean any house car, pickup track with cab over camper, recreational vehicle or other vehicle that measures more than twenty two (22) feet in length OR is more than eighty-four (84) inches in width, OR more than eighty- four (84) inches in height. The term "Oversized Vehicle" does not include a commercial · vehicle as def'med herein, a pickup track without a cab over camper or sports utility vehicle. (4) "Non-motorized Vehicle" shall mean any trailer or any other device that is not self- propelled. (5) "Motor Vehicle" shall mean a passenger vehicle, pickup track without a cab over camper, sports utility vehicle, motorcycle and motor-driven cycle but shall not include a house car as define21 in Section 362 of the California Vehicle Code. (6) "Residential District" shall mean any area within the City, which is zoned R-l, R-2, R- M, and those portions of planned development districts and specific plan districts that are specified for residential uses. Co) (c) (d) Measurements: To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included. No person who owns or has possession, custody, or control of any motor vehicle, shall park or leave standing, such motor vehicle upon any public street, highway or alley for more than a period of seventy-two (72) consecutive hours. No person shall, at any time, park or leave standing any oversized motor vehicle or non-motorized vehicle on any public street, highway or alley except: O) In residential districts, oversized motor vehicles or non-motorized vehicles which are attached to a motor vehicle or oversized motor vehicle, and parked on the right of way fronting the owner's residence, are allowed for the purposes of loading, unloading, cleaning, battery-charging, or other activity preparatory or incidental to travel for a period of time not to exceed forty-eight (48) consecutive hours. (2) In residential districts, oversized motor vehicles or non-motorized vehicles which are attached to a motOr vehicle or oversized motor vehicle, parked on the right of way fronting the owner's residence may be allowed for an additional twenty-four (24) consecutive hours, but no more than a total of seventy-two (72) consecutive hours, provided an extension permit has been granted by the Chief of Police. The Chief of Police shall establish general standards for an extension provided by this section. (3) Any oversized motor vehicle or non-motorized vehicle which is attached m a moto[ vehicle or oversized motor vehicle, that is parked on a public street pursuant to either subsections (1) or (2) hereinabove shall, at the end of the permitted period of time, whether forty-eight (48) or seventy-two (72) hours, be removed from its location and shall not be parked on any public street, or posted private property within the city limits, for the purposes stated hereinabove for a period of at least forty-eight (48) hours. (4) Visitor Parking, A visitor to a resident of a single family or two family dwelling located in a residential district may temporarily park an "oversized motor vehicle" or a "non-motorized vehicle" attached to a motor vehicle or oversized motor vehicle on the right of way fronting the dwelling being visited, based on the criteria listed below. (i) (ii) (iii) (iv) (v) The visitor obtains a "Visitor Parking Permit" from the Chief of Police or designee. The vehicle is registered to, or leased and operated by, a person permanently residing more then fifty (50) miles from the visitation site. The vehicle complies with the def'mition of an "oversized motor vehicle" or a "non-motorized vehicle" which is attached to motor vehicle or oversized motor vehicle and is used for recreational housing purposes only. The vehicle shall not be used for habitation and cannot be connected to utility services for the duration of the visit. The vehicle may be parked for a period of time not to exceed a total of five (5) days in a thirty (30) day period. (e) (f) (g) (i) (5) In commercial districts, oversized motor vehicles may be parked for a period not to exce~ twenty-four (24) hours on the right of way fronting a business engaged in selling, repairi~ or renting oversized motor vehicles for the purposes of allowing customers to leave oversized motor vehicles after normal business hours f0[,repair or return. State of Emergency, The prohibitions provided in this Ordinance shall not apply to the parking of any oversized vehicle during any state of emergency declared to exist within City of Dublin by the City Council. No person who owns or has possession, custody or control of any motor vehicle or non-motoriz vehicle which is six (6) feet or more in height (including any load thereon) shall park or leave standing any such vehicle on a street or highway within forty-five (45) feet of any intersection. No person who owns or has possession, custody or control of any commercial vehicle exceedin manufacturers gross vehicle weight often thousand (10,000) pounds, shall park or leave standh any such commercial vehicle on a street or highway which is prohibited to commercial vehicle traffic pursuant to Section 6.88.040 of this code. No person who owns or has possession, custody or control of any commercial vehicle exceedin manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standil any such commercial vehicle on any restricted street between the hours of 2:00 am and 6:00 a.r No person who owns or has possession, custody, or control of a commercial vehicle exceeding manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall park or leave standi~ any such commercial vehicle for more than two (2) hours on any public street, highway, roadw: alley or thoroughfare, except: (1) For such reasonable time in excess of two (2) hours that may be necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to building or structure or for the purpose of delivering materials to be used for repair, alteration, remodeling, or construction of any building or structure upon a restricted si or highway; or, (2) For such reasonable time in excess of two (2) hours that may be necessary when such vehicle is parked in connection with the performance of a service to or on a property which such vehicle is parked; or, (3) For such reasonable time in excess of two (2) hours that may be necessary to make emergency repairs. (4) No regulation adopted in this chapter shall apply to any vehicle owned by a public uti or licensed contractor while necessarily in use in the construction, installation, or rep~ of any public utility. Vehicles found in violation of this section may be cited or removed, or both cited and remover accordance with section 6.04.210. ~d ~a ga a any (J) The City Engineer shall erect and maintain suitable signs notifying the public of the permissible weights and sizes of vehicles and their loads operated or moved upon those streets hereinafter designated. Section 3; Section 6.92.010 of Chapter 6 of the Dublin Municipal Code is hereby repealed. Section 4; A new Section 6.92.010 of Chapter 6, of the Dublin Municipal Code is hereby adopted to read as follows: 6.92.010 Established. No person shall operate any commercial vehicle, as said term is defined in the California Vehicle Code, having a gross weight, including load, in excess of five (tons) on any street within any residential district, as such term is defined in the California Vehicle Code, in the city; provided, signs are in place at city entrances giving notice of this prohibition. Section 5; Chapter 6.68 "Oversized and/or Overweight Vehicles" shall be renamed "Movement of Vehicles and Equipment" as to not be in conflict with Section 6.04.430. PASSED, APPROVED AND ADOPTED this 19th day of August, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST:~,,a , - Id2i~Cler~' K. K2/G/8- 19-03/ord-oversizedvehicles.doc (Item 6.1) PROPOSED BAIL SCHEDULE - OVERSIZED VEHICLE ORDINANCE The bail for the first, second and third offense in a 12-month period for the following violations of the Dublin Municipal Code Chapter 6 shall hereby be as follows: 6.04.430(c) 6.04.430(d)(1) 6.04.430(d)(2) 6.04.430(d)(3) 6.04.430(e) Vehicle Parking- over 72 hours I RV Parking- over 48 hours I RV Parking- over 72 hours I RV Parking - failure to remove RV for 48 hours I Vehicle over 6' height within 45' I of Intersection $100-$250-$500 $100-$250-$500 $100-$250-$500 $100-$250-$500 $50-$100-$200