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Home My WebLink AboutOrdinance 3823 amending Chapter 10.44 of the Huntington Beac E Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) CITY OF -_ HUNTINGTON BEACH *LEGAL NOTICE I am the Citizen of the United States and a ORDINANCE NO.3823 Adopted by the City resident of the County aforesaid; I am over I Council on . the age of eighteen years, and not a party "AN ORDINANCE OOF9THE to or interested in the below entitled matter. IBIEACHF HUNTINGTON I am a principal clerk of the HUNTINGTON HUNriNGTON4 BEACH RE- BEACH INDEPENDENT, a newspaper of I LIATNNG UICAODE TO CPARKING OVERSIZED VEHICLES" general circulation, printed and published in !SYNOPSIS: :INORDER TO EFFEG '' the City of Huntington Beach, County of 'TIVELY ENFORCE HUN- TINGTON BEACH MU Orange, State of California, and the NICIPAL CODE 10.44.060 AS-IT RELATES TO attached Notice is a true and complete copy OVERSIZED VEHICLES, THE CITY ORDINANCE as was printed and published on the NEEDED TO DEFINE"EX- ! TENSION. THE TRAILER following date(s): ATTACHED TO A VEHI- CLE NEEDED TO.BE DE- FINED AS AN "AT- TACHED VEHICLE" 'IN THE HUNTINGTON BEACH MUNICIPAL CODE 10.44.060. PASSED AND 'ADOPTED by the City Council of the City of Huntington Beach at a regular March 12, 2009 2009inbytield the nfollo g roll call vote: AYESt Carchio, Dwyer, Green, Bohr, Coerper, Hardy,Hansen .NOES:None ABSTAIN:None ABSENT:None THE FULL TEXT OF THE, ORDINANCE IS AVAIL- ABLE IN .THE CITY `CLERK'S OFFICE. I declare, under penalty of perjury, that the This ordinance Is offer- tive 30 days after foregoing is true and correct. adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Executed on March 12, 2009 JOANL.6LYNN JOAN L.FLYNN, at Costa Mesa, California CITY,CtERK Published Huntington Beach Independent t March 12,'101 032-450 Signatur . Ad Dv Council/Agency Meeting Held: o� a Deferred/Continued to: i-6;t 0 A proved ElConditionally Approved ❑ Denied City lerk' Signat e -T Council Meeting Date: 2/2/2009 Department ID Number: PD-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C NCIL MEMBERS SUBMITTED BY: FRED A. WILSON, City Administr PREPARED BY: KENNETH W SMALL, Chief of Police SUBJECT: APPROVAL OF THE ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING OVERSIZED VEHICLES. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council of the City of Huntington Beach amend the current oversized vehicle ordinance to define "extension" as a trailer attached to the towing vehicle? Funding Source: No impact Recommended Action: Motion to: Approve the ordinance of the City of Huntington Beach amending Chapter 10.44 of the Huntington Beach Municipal Code relating to parking oversized vehicles. Alternative Action(s): Do not change the wording of the current ordinance. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: Analysis: The Police Department has historically defined and enforced motor vehicles with a trailer attached measuring a total of 25 feet or more in length as an "Oversized Vehicle" under Huntington Beach Municipal Code 10.44.060(a). The Department measures from the front of the towing vehicle to the end of the towed vehicle (typically a trailer). The Department has always treated the combination of vehicles in a residential area as one vehicle. Recently, the Department lost two cases in court where the commissioner indicated that the towed vehicle was a trailer, not an extension, and therefore, it did not violate this code. The commissioner referred to the Vehicle Code Section 630, which defines "trailer", not "extension" as the controlling definition. There are no definitions in the Municipal Code of the various terms concerning motor vehicles, vehicle, trailer or extension. As a result, pursuant to Municipal Code Section 10.04.020, whenever the Municipal Code does not define words or phrases, but the words or phrases are defined in the Vehicle Code, the Vehicle Code definitions apply. In order to effectively enforce Huntington Beach Municipal Code 10.44.060 as it relates to oversized vehicles, the city ordinance needs to define "extension". The current ordinance does not define an extension as it relates to an oversized vehicle. The trailer attached to a vehicle needs to be defined as an "attached vehicle" in Huntington Beach Municipal Code 10.44.060. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: DNA Attachment(s): 1. Ordinance Nog An Ordinance of the City of Huntington Beach amending Chapter 10.44. of the Huntington Beach Municipal Code relating to parking of oversized vehicles. .2. 12/15/2008 1:00 PM ATTACHMENT 1 ORDINANCE NO. 3823 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING OVERSIZED VEHICLES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44-060 of the Huntington Beach Municipal Code is hereby amended to make a revision to subsections(a) and (0, said subsections to read as follows: 10.44.060 Oversized vehicle parking regulations. Except as herein provided, 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 or attached vehicles; (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 wide,measured at its widest point excluding side-view mirrors or 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; (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; or (f) Any"recreational vehicle (RV)," over twenty(20) feet long measured from the extreme forward point to the extreme rear point, including extensions or attached vehicles. The term "recreational vehicle (RV)" shall have the same meaning as set forth in California Health and Safety Code Section 18010 or successor statute. 08-1540.001/27272 1 Ordinance No. 3823 SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 n d day of March ,200 9 9LOw Mayor ATTEST: INITIATED AND APPROVED: City Clerk ri Police Chief REVIEW APPROVED: APPROVED AS TO FORM: Cityprilnistrator � City Attorney 08-1540.001127272 2 Ord. No. 3823 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 2, 2009, and was again read to said City Council at a regular meeting thereof held on March 2,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 12,2009. In accordance with the City Charter of said City _ Joan L. Flynn, City Clerk C Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California KEY INSERTIONS: Double underline DELETIONS &4kedff&agh Ordinance No. 3823 LEGISLATIVE DRAFT 10.44.060 Oversized vehicle parking regulations. Except as herein provided,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 or attached vehicles, (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 wide,measured at its widest point excluding side-view mirrors or 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; (g) 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; or (h) Any"recreational vehicle(RV)",over twenty(20)feet long measured from the extreme forward point to the extreme rear point, including extensions or attached vehicles. The term"recreational vehicle(RV)" shall have the same meaning as set forth in California Health and Safety Code Section 18010 or successor statute. 08-1540.001n7272 3 RCA ROUTING SHEET INITIATING DEPARTMENT: Police Department/Traffic Bureau SUBJECT: OVERSIZED VEHICLE DEFINITION COUNCIL MEETING DATE: February 2, 2009 RCAIATTACHMENT STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorneyj Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSINGIATTACHMENTS REVIEWED .. RETURNED ' FOR ADDED; ........ Administrative Staff ( EEd Deput Cit Administrator (initial) ( ( ) City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: • RCA Author: K. Peterson, Police Departmetn/Traffic