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Home My WebLink AboutOrdinance 3366 - Correcting Typographical Error on MC 10.44. J� + City of Huntington Beach P. O.Box 190-2000 Main Street Huntington Beach,California 92648 HUNTINGTON BEACH From the desk of: Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 mod: x rY�y REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: PW 97-037 Council/Agency Meeting Held: G1/6 A97 Deferred/Continued to: /� � 7,-2 0 Approved 0 Conditional v Appro e ❑ Denied City Clerk' Signature Council Meeting Date: une 16, 1 97 Department ID Number: PW 97-037 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: Okye*s M. Jones II, Director of Public Works Ronald E. Lowenberg, Chief of Police SUBJECT: HBMC Section 10:44.060, Oversized Veh le Parking Regulations Correction of Typographical Error Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Statu ,Attachment(s) Statement of Issue: A typographical error in the subject code section requires correction. Funding Source: None Recommended Action: Approve Ordinance No. 3 3(p 0 amending Chapter 10.44 of the Huntington Beach Municipal Code pertaining to dimensions of oversized vehicles. Alternative Action(s): Do not approve the amendment to the Municipal Code, and provide staff direction for alternative wording of this code section. $ x i � cns m � r'c„ b. r C 0025479.01 -2- 05/13/97 3:23 PM REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER:PW 97-037 Analysis: Ordinance No. 2855, adopted December 1, 1986, amended the subject code section. The original documents repeated the wording of section (b) in section (c). Specifically, the words "wide" and "widest" were used in both sections. The proposed . ordinance amends section 10.44.060 (c) by replacing "wide" with "high", and "widest" with "highest". Section (b) will continue to define the maximum width, and amended section (c) will define the maximum height for large vehicles. The amended section will reflect the original intent of the legislation. Environmental Status: Not applicable. Attachment(s1: Ordnance No. ?, 3 G� Legislative Draft, Chapter 10.44 City Clerk's Page Number 0025479.01 -3- 05/13/97 3:23 PM Gilmer:- ATTACHMENT 1 ORDINANCE NO. 3 3 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.4�4 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO DIMENSIONS OF OVERSIZED VEHICLES / The City Council of the City of Huntington Beach does hereby ordain as;follows: Section 1 That Section 10.44.060(c) of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.060 Oversized vehicle parking regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; r (b) Any motor vehicle, over ninety-six(96) inches wide, measured at its widest point excluding side-view mirrors or similar extensions, designed, used or maintained for the transportation of property; (c) Any motor vehicle, including buses; motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96) inches high, measured at its highest point, designed, used or maintained for the transportation of property; (d) Any motor vehicle which is d4gned, used or maintained as farm machinery or a special purpose or equipment machine; or (e) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper,/or a one-axle camper, which has been detached from its drawing vehicle for a period not to exceed twenty-four(24) hours. SECTION 2. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of 1997. ATTEST: Mayor APPROVED AS TO FORM: City Clerk/ REVIEWED AND APPROVED City Attorney)o s S/flz_ -sz$7 INITIATE 4D AP OVED: City Administrator Director of Public ork 3/k/o rd i n a n ce/1044 m e ATTACHMENT 2 LEGISLATIVE DRAFT Q 3-3 Chapter 10.44 PARKING--TIME LIMITS (255-2/33, 276-11/25, 322-1/29, 373-7/34, 533-7/48. 566-11/50, 1155-8/65, 1935-11/74. 2115-11/76, 2177- 5/77, 2276-5/78, 2514-12/81, 2644-12/83, 2692-7/84, 2795-10/85, 2855-12/86. 3011-9/89, 3136-5/92) Sections: 10.44.010 Twenty-four minutes maximum 10.44.020 Twelve or twenty-four minutes--Violation 10.44.030 One-hour parking 10.44.040 Two-hour parking 10.44.050 Penalty--Continuing violations 10.44.060 Oversized vehicle parking regulations 10.44.065 Exceptions 10.44.070 Arterial highway oversize vehicle parking regulations 10.44.010 Twenty-four minutes-maximum. Green curb marking shall mean no standing or parking for a period of time longer than twenty-four (24) minutes, at any time. (276-11125, 322-1129, 533-7/48, 1155-8/65) 10.44.020 Twelve or twenty-four minutes--Violation. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereof. (276-11/25, 322-1/29, 533-7/48, 1155-8/65) 10.44.030 One-hour parkins?. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than one hour. (255-2/23, 566-11/50, 1155-8/65) 10.44.040 Two-hour parking. When authorized signs or curb markings have been determined by the Director of Public Works to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park the vehicle between the hours of 9 a.m. and 6 p.m. of any day except Sundays and holidays for a period of time longer than two hours. (322-1/29, 373-7/34, 1155-8/65) 10.44.050 Penalty--Continuing violations. Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed one hundred dollars ($100), provided further that each period of time a vehicle is left parked after the initial violation of such provisions shall be deemed a separate offense, equal to the maximum legal parking time for the particular time zone or parking space as designated in sections setting the maximum legal time. (1155-8/65, 2276-5/78) 10.44.060 Oversized vehicle parking_regulations. No person shall park or leave standing upon any public street or highway in a residential district: (a) Any motor vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extensions; (b) Any motor vehicle, over ninety-six (96) inches wide, measured at its widest point excluding side- view mirrors or similar extensions, designed, used or maintained for the transportation of property; 1 7/k/1egisdrft1mc 1044/5/5/97 (c) Any motor vehicle, including buses, motor trucks, trailers, semitrailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96) inches wide high, measured at its widest highest point exelu ing side view mir-f:er-s ef:similar-extensions, designed, used or maintained for the transportation of property; (d) Any motor vehicle which is designed, used or maintained as farm machinery or a special purpose or equipment machine; or (e) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a one-axle camper, which has been detached from its drawing vehicle for a period not to exceed twenty-four (24) hours. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86) 10.44.065 Exceptions. Section 10.44.060 shall not apply to the following: (a) Any oversized recreational motor vehicle, as defined by California Health and Safety Code section 18010 or any amendments thereto, while parked or standing for the purpose of loading or unloading passengers or property for a period not to exceed twenty-four (24) hours; (3136- 5/92) (b) Any oversized motor vehicle parked while used in performing or assisting in performing services or repairs on residential property; (c) Any oversized motor vehicle which is parked for not more than twenty-four (24) consecutive hours to make emergency repairs to such vehicle; and (d) Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more axle camper, or a one-axle camper which has been detached from its drawing vehicle parked for a period not to exceed four(4) hours in any area other than a residential district. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86) 10.44.070 Arterial highway oversize vehicle parking regulations. (a) Except as provided in subsection (b) and (c) hereof, no person shall park or leave standing upon any arterial highway between the hours of 9 p.m. and 6 a.m., or for longer than two (2) hours at any other time, any motor vehicle over eighty-four(84) inches high, measured from the surface of the roadway to its highest point, or over eighty-four (84) inches wide, measured from its widest point, excluding side view mirrors or similar extensions on any of the following highways in the City of Huntington Beach: Adams Avenue Edinger Avenue McFadden Avenue Algonquin Street Edwards Street Newland Street Argosy Avenue Ellis Avenue Pacific Coast Highway Atlanta Avenue Garfield Avenue Seventeenth Street Banning Avenue Goldenwest Street Slater Avenue Beach Boulevard Gothard Street Springdale Street Bolsa Avenue Graham Street Talbert Avenue Solsa Chica Street Hamilton Avenue Ward Street Brookhurst Street Heil Avenue Warner Avenue Bushard Street Indianapolis Avenue Yorktown Avenue Center Avenue Magnolia Street 2 7/k/IegisdrNmc 1044/5/5/97 (b) In case of emergency, oversize vehicles shall be removed immediately if between the hours of 9 p.m. and 6 a.m., otherwise they may park on the highways listed in this section provided that such vehicles shall be removed within four (4) hours. Emergency parking is defined to mean any vehicle left standing at the roadside because of mechanical breakdown or because of driver's physical incapacity to proceed. (c) Notwithstanding the prohibition contained in this section, wherever highway markings clearly indicate legal on-street parking in front of residential property facing any arterial highway set out in subsection (a) hereof, an oversized vehicle may park or stand in front of such residential property for not more than eight (8) consecutive hours to load or unload passengers or property, or to furnish commercial services or repairs to the premises. 3 7/k/legisdrft/mc 1044/5/5/97 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: HBMC Section 10.44.060, Correction of Typographical Error COUNCIL MEETING DATE: June 16, 1997 A TA Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorne ) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial ' Not Applicable _.. - - ....... _....._ ......... ...... ...... -... ._ .. .. .. ..... EXPLANATION FOR MISSING ATTACHMENTS __ __ REVIEWED . RETURNED FORW ED . _... ... .... .... Administrative Staff Assistant City Administrator Initial cr City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM Space • 1�` RECEIVED OITY CLERK �,1?Y Df HUNTINGTON ACHi CALIF. Jum 13 12 52 Pii '97 June 13, 1997 Honorable Mayor and Council Members Council, This subject on the surface seems innocent enough, however, there is much more here than just changing one work from wide to high.I feel it is a blatant attempt, by the staff, to completely have RV parking banned from Huntington Beach. My motorhome is 34 feet long, 8 feet wide, and over 9 feet high, (a low profile coach) , most are over 10 feet high and new coaches are sometimes 102 inches wide. My motorhome is a registered passenger vehicle in the state of California, I should have the same privilege as any other passenger vehicle, "72 hours" as specified by our State Vehicle Code. It is legally parked in my back yard, not only because of code, but mainly because of convenience and protection against possible vandalism. On 12 June 1997 Bruce Gilmer said they were merely correcting a "typo"error, but when questioned further he said the city council in 1986(11 years ago) had intended to say high not wide. There have been a number of code cleansing changes since that time when it could have been corrected, who not?The reason is as follows: Ruth Finley (a well known and honest person) in 1987 proposed a change to change it to 84 inches wide and 84 inches high, in an attempt to restrict parking of big commercial vehicles. When she realized it would also eliminate RV parking she withdrew the proposal, and left it 94 wide with no height restriction. When Bruce Gilmer realized he was talking to no dummy on this subject he changed his story to say Chief Lowenberg had trouble in court because height was not in the code. This doesn' t make sense. If the police are ticketing persons because of height, it is an illegal ticket and the practice should be stopped immediately. I thought the City Council made the laws and the police enforced them. Am I wrong? Is this constant and covert harassment of RV owners by city staff going to be continually tolerated by our elected officials? Sincerely, 1�� J Jean Polkow (714) 962-4810 cc: City Administrator Orange County Register PS UNBELIEVALBY, I received a phone call from Bob Eichblatt, engineering dept, one minute after I completed typing this letter, that this "typo" item was being pulled because of my previous voiced concerns, until a meeting can be set up. My choice is to continue exposing actions as stated above, since this is only a temporary removal,pending other changes, which could be worse than a mere "typo"change. JP