Ordinance No. 11401 ORDINANCE NO. 1140
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY AMENDING SECTIONS 16.24 AND
4 16.25 OF ARTICLE II OF CHAPTER 16 OF SAID CODE
RELATING TO LAW ENFORCEMENT AND REPEALING ALL
5 ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
6
7 WHEREAS, the City of Vernon (the "City") is a municipal
8 corporation and a chartered city of the State of California organized
9 and existing under its Charter and the Constitution of the State of
10 California; and
11 WHEREAS, on August 17, 1993, the City Council of the City
12 adopted Ordinance No. 1014 relating to civil penalties for parking
13 violations which, in part, amended Sections 16.24 and 16.25 of the
14 Vernon City Code; and
15 WHEREAS, on April 4, 1995, the City Council of the City
16 adopted Ordinance No. 1027 relating to the Police Department which, in
17 part, amended Sections 16.24 and 16.25 of the Vernon City Code; and
18 WHEREAS, it has come to the attention of law enforcement
19 officials and the Department of Community Services that there have been
20 incidents involving long term vehicle parking on City streets and
21 incidents of the parking of a vehicle on City streets for the purpose
22 of habitation that adversely affect the City and its businesses; and
23 WHEREAS, long term vehicle parking on City streets, whether
24 the vehicle is operative or not, and use of vehicles on City streets
25 for purposes of habitation create conditions tending to reduce the
26 value of private property; promote blight and deterioration; invite
27 plundering; create fire hazards; constitute an attractive nuisance
28 endangering the health and safety of minors; harbor rodents and
1 insects; and jeopardize health and safety and general welfare, and
2 thereby constitute a public nuisance; and
3 WHEREAS long term vehicle parking and use of vehicles for
4 purposes of habitation take up available street parking, and because
5 there is limited space available within the City for lawful parking,
6 long term parking and parking for purposes of habitation adversely
7 affect businesses, and their employees and customers within the City;
8 and
9 WHEREAS, Section 16.24(a) of the Vernon Municipal Code allows
10 a law enforcement officer to remove a vehicle that has been left
11 standing on a City street in excess of seventy-two (72) hours, but does
12 not require the vehicle to be moved at least one mile, and it would aid
13 in the alleviation of long term vehicle parking if vehicles were
14 required to be moved at least one mile within the seventy-two (72) hour
15 period; and
16 WHEREAS, Section 16.24 does not currently address the
17 concerns raised by human habitation in vehicles within the City,
18 including sanitation and health and safety concerns; and enactment of
19 this Ordinance would allow law enforcement to take action against
20 persons living in vehicles within the City; and
21 WHEREAS, the proposed changes to the Vernon City Code
22 regarding parking or storage of vehicles, use of vehicles for human
23 habitation and law enforcement concerning the removal of vehicles is
24 consistent with the goals and policies of the Vernon General Plan; and
25 WHEREAS, the Director of Community Services and the Vernon
26 Police Department have recommended adoption of this Ordinance; and
27 WHEREAS, the City Council of the City finds and determines
28 that it is in the interests of the public health, safety and welfare to
IW.I
1 implement the recommendations of the Director of Community Services and
2 Chief of Police as set forth in this ordinance.
3 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
4 SECTION 1: The City Council of the City of Vernon hereby
5 finds and determines that the recitals contained hereinabove are true
6 and correct.
7 SECTION 2: The City Council of the City of Vernon hereby
8 amends the Vernon City Code by amending in their entirety Sections
9 16.24 and 16.25 of Article II, Motor Vehicles and Traffic: Parking
10 Regulations, of Chapter 16 of the Vernon City Code as set forth in
11 Exhibit A which is attached hereto and incorporated by reference.,
12 SECTION 3: Any ordinance or parts of ordinances in conflict
13 with this Ordinance are hereby repealed.
14 SECTION 4: If any section, subsection, sentence, clause,
15 Phrase or word of this Ordinance is for any reason held to be void or
16 unconstitutional, such decision shall not affect the validity of the
17 remaining portions of this Ordinance; it being the intention of the
18 City Council of the City of Vernon to pass and adopt this Ordinance
19 irrespective of the fact that one or more of the sections, subsections,
20 clauses, sentences, phrases or words thereof may be declared void or
21 unconstitutional.
22 SECTION 5: There being no newspaper printed, published or
23 circulated in the City of Vernon, the City Clerk is hereby directed to
24 certify to the passage of this Ordinance and shall post the same, or
25 cause the same to be posted, within fifteen (15) days after its passage
26 in accordance with Section 36933 of the Government Code, as well as
27 Vernon Code Sections 1.9 and 1.10, in three (3) of the most public
28 places in the City of Vernon, to wit: the northwest corner of 38th
-3-
1 Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard
2 and Pacific Boulevard, and on the bulletin board located outside on the
3 wall near the second floor entrance to the City Hall of said City,
4 located at 4305 Santa Fe Avenue, all in the City of Vernon, County of
5 Los Angeles, State of California.
6 SECTION 6: This Ordinance shall be in full force and effect
7 thirty (30) days from'and after its passage of the same.
�/!
8 APPROVED AND ADOPTED this"` day of February, 2008.
9
10
Al
11 Name: Leonis C. Malburg
12 Title: Mayor
13 AT ST:
14
15 MA UELA GIRO , Ci y Clerk
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Ordinance, being Ordinance No. 1140, was
duly and regularly introduced at a regular meeting of the City Council
of the City of Vernon, held on Tuesday, January 22, 200.8, and
thereafter finally adopted at a regular meeting of said City Council
held on Monday, February 4, 2008, and thereafter was duly signed by the
Mayor or the Mayor Pro-Tem of the City of Vernon, by the following
vote:
(SEAL)
AYES:
NOES:
ABSTAINED:
ABSENT:
Councilmen: Mayor Malburg, Davis, Gonzales,
McCormick, Ybarra
Councilmen: None
Councilmen: None
Councilmen: None
MANUELA G RON
City Clerk
- 5 -
EXHIBIT A
1 EXHIBIT "A"
2 CHAPTER 16
3 LAW ENFORCEMENT
4
ARTICLE II. MOTOR VEHICLES AND TRAFFIC: PARKING REGULATIONS.
5
6
Sec. 16.24. Improper and prohibited parking or storage of vehicles;
7 improper and prohibited use of vehicles for human
habitation.
8
(a) It is unlawful for any person who owns or has possession,
9
custody or control of any vehicle, including a passenger vehicle,
10
recreational vehicle, boat or trailer, to park or leave such vehicle
11
upon any street, alley, or City owned parking area or facility (as
12
defined in Section 16.23) for a period of seventy-two (72) consecutive
13
hours or more. For the purposes of this Section 16.24 and Section
14
16.25, a vehicle shall be considered to have been parked or left
15
standing for seventy-two (72) or more consecutive hours if it has
16
remained inoperable or has not been moved at least one mile during the
17
seventy-two (72) hour period. An inoperable vehicle is a vehicle that
18
cannot be moved under its own power or a vehicle which cannot operate
19
legally and safely on the highways of the State. Pushing or moving a
20
vehicle a short distance or attempting to rub away the tire marking
21
will not be considered compliance with this Section. In automobiles in
22
which the odometer can be read without the key being in the ignition,
23
the mileage reflected on the odometer of the vehicle shall be presumed
24
to be an accurate indication of the distance that the vehicle has or
25
has not been moved. Obstruction of the odometer of the vehicle will
26
result�in a presumption that the vehicle has not been moved. Each
27
violation of this Section (a) is hereby declared to be a public
28
A - 1
1 nuisance, and may be prosecuted as an infraction.
2 (b) It is unlawful for any person to use, occupy or permit the
3 use or occupancy of any vehicle, including a passenger vehicle,
4 recreational vehicle, motor home, mobile home, camp car, boat or
5 trailer for human habitation, either overnight or day by day, on or in
6 any public or private property anywhere in the City. For purposes of
7 this Section, "human habitation" means the use of a vehicle for a
8 dwelling place for living or sleeping and does not include temporary
9 use of a vehicle for alleviation of sickness or physical inability to
10 operate the vehicle.
11 (c) It is unlawful for any person to connect any recreational
12 vehicle, motor home, or any other vehicle which is equipped for
13 sleeping or cooking or both, to any public utility, such as water,
14 electricity, gas or sewer services.
15 (d) Each violation of Section (b) above and each violation of
16 Section (c) above is hereby declared to be a public nuisance and a
17 misdemeanor, punishable as set forth in this Code.
18 Sec. 16.25. Police authorized to remove vehicles in specified
situations; notice of removal to owner.
19
In addition to any penalty or prosecution permitted by Section
20
16.24 for violation of a provision of that Section, any member of the
21
police department may remove a vehicle from a street, alley, or City
22
owned parking area or facility under the following circumstances, in
23
the manner and subject to the requirements of the California Vehicle
24
Code:
25
(a) If the vehicle has been parked or stored (as defined in
26
Section 16.24(a)) on a street, alley, or City owned parking area or
27
facility for more than seventy-two (72) consecutive hours.
28
A - 2
1
2
3
4
5,
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(b) If the vehicle is being used for human habitation, as
described in Section 16.24(b).
(c) If a vehicle is illegally parked in violation of an ordinance
of this City forbidding standing or parking and the use of the street,
highway or alley or a portion thereof is necessary for the cleaning,
repair or construction of the street, highway or alley or for the
installation of underground utilities, and signs giving notice that
vehicles may be removed are erected or placed at least twenty-four (24)
hours prior to the removal.
(d) If the use of the street, highway or alley or any portion
thereof is authorized for a purpose other than the normal flow of
traffic; or for the movement of equipment, articles or structures of
unusual size; and the parking of a vehicle would prohibit or interfere
with such use or movement, and signs giving notice that vehicles may be
removed are erected or placed at least twenty-four (24) hours prior to
the removal.
(e) If any vehicle is parked or left standing in violation of any
resolution or ordinance passed by the City prohibiting such parking and
the resolution or ordinance shall have authorized the removal and signs
have been erected or posted at least twenty-four hours prior to the
removal.
(f) If a vehicle is parked or left standing upon a street in such
a position as to obstruct the normal movement of traffic or in such a
condition as to create a hazard to other traffic upon the street.
(g) If a vehicle is illegally parked so as to block the entrance
to a driveway.
(h) If a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant.
A - 3
1 (i) If any vehicle is illegally parked in any parking restricted
2 zone designated by the City to be a tow away zone; provided, however,
3 such zone shall be designated by signs placed at least twenty-four (24)
4 hours prior to the removal.
5 (j) If any non -motorized vehicle, trailer, or camper is unhooked
6 or unattached from a motorized vehicle for any period of time, unless
7 emergency repair°§ are being made.
8 Whenever an officer removes a vehicle pursuant to the authority
9 granted in this Section 16.25 and who knows or is able to ascertain
10 from the vehicle registration or the records of the department of motor
11 vehicles, the name and address of the registered owner of the vehicle,
12 such officer shall immediately give or cause to be given notice to the
13 owner of the fact of such removal, the reasons therefor and the place
14 to which such vehicle has been removed. In the event that any such
15 vehicle is stored in a public garage, a copy of such notice shall be
16 given to the proprietor of such garage.
17
18
19
20
21
22
23
24
25
26
27
28
A - 4
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 12, 2008
TO: Steve Towles, Chief of Police
S. Kevin Wilson, Director of Community Services & Water
FROM: Nelly Giron, City Clerk
RE: Ordinance No. 1140 - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of
Vernon, California, 1959, By Amending Sections 16.24
and 16.25 of Article II of Chapter 16 of said code
relating to Law Enforcement and Repealing All
Ordinances or Parts of Ordinances in conflict
Therewith
Transmitted herewith is.a copy of Ordinance No. 1140 referenced
above, which was approved by City Council on February 4, 2008.
Thank you.
NG:dr
c: Ordinance No. 1140
4 ,
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 21, 2008
Coded Systems Corporation
Attn: Ann Marie Six
120 Main Street
Avon, NJ 07717
Re: Code Supplement No. 65 containing Ordinance Nos. 1132 through
1145.
Dear Ms. Six:
As we discussed on the phone, here are the above Ordinances to be
codified.
■ 1134 is not included as it is currently being worked on.
■ 1132, 1143, and 1144 are included in the package for your
record but are not to be codified.
With regards to Supplement 64, just confirming our phone conversation,
Ordinance 1107 will remain and Ordinance 1125 should be removed. Once
supplement 64 is ready, please forward 50 sets of said supplement to my
attention.
If you have any questions, please call me at 323/583-8811 ext. 266.
Sincerely,
An--�
el y Gi
City Clerk
Fr,cfusivefy Industriaf