HomeMy WebLinkAboutProposed Ordinance 3611 to Amend Chapter 10.44 Oversized Veh (14) June 16, 2003 -Council/Agency Agenda - Page 14
G. Ordinances
G-1. Ordinances for Adoption - None
G-2. Ordinances for Introduction
G-2a. (City Council) Approve Introduction of Ordinance No. 3610 Amending Chapter
3.36 of the Huntington Beach Municipal Code Re: the City's Utility Users Tax
(UUT) to Reflect Recent Regulatory, Technological, and Economic Changes in the
Utilities Industries (Southern California Edison, The Gas Company, and Time
Warner Cable) (640.10)—Ordinance No. 3610— "An Ordinance of the City of
Huntington Beach Amending Chapter 3.36 of the Huntington Beach Municipal Code
Regarding the Utilities Tax of the City of Huntington Beach." Submitted by the City
Attorney, the Administrative Services Director and the Finance Officer.
Recommended Action: After City Clerk reads by title, approve introduction of
Ordinance No. 3610, by roll call vote.
City Attorney reported this is a clean-up ordinance.
Approved 6-0-1 (Coerper Absent)
G-2b. (City Council) Approve Introduction of Ordinance No. 3611 Amending Chapter
10.44 of the Huntington Beach Municipal Code Relating to Parking Time Limits for
Oversized Vehicles (Recreational and Detached Trailers) in Residential Areas
(640.10) —Ordinance No. 3611 — 'An Ordinance of the City of Huntington Beach
Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking
Time Limits." Submitted by the Police Department. (The ordinance lists the affected
arterial highways in the City.)
Recommended Action: After City Clerk reads by title, approve introduction of
Ordinance No. 3611, by roll call vote.
Item Pulled from Agenda
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Co ency Meeting Held: / o
Deferre ontinued to: 2)*?� Unc+l ua
❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signattre
Council Meeting Date: June 16, 2003 Department ID Number: PD-03-012
a -
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL -
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SUBMITTED BY: RAY SILVER, City Administrator a-ez-, ter;
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PREPARED BY: KENNETH W. SMALL, Chief of Police
SUBJECT: AMEND ORDINANCE NO.,36'// RELATING TO OVERSIZED
VEHCLE PARKING REGULATIONS
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
d Y Statement of Issue: The Police Department receives complaints on a daily basis
concerning oversized vehicles and detached trailers that are parked in residential areas.
Huntington Beach Municipal Code Chapter 10.44 contains local regulations applicable to
oversized vehicles, including recreational vehicles and detached trailers. Owners of some
recreational vehicles and detached trailers avoid storage charges by parking their vehicles on
city streets for extended periods of time. These people move the vehicles a short distance to
avoid a parking citation under the current ordinance. The long-term parking of oversized
vehicles, recreational vehicles and detached trailers in residential areas detracts from the
appearance of residential neighborhoods and leads to many complaints from residents.
Often the complaints received pertain to vehicles registered outside of the neighborhoods in
which they are parked. The current ordinance does not allow the department to appropriately
respond to resident complaints.
The proposed changes to the Huntington Beach Municipal code will allow parking of
recreational vehicles and detached trailers in residential areas for up to twelve hours for
loading and unloading. Vehicles less than twenty feet in length would not be restricted.
Funding Source: Not applicable.
Recommended Action: Adopt Ordinance No. of the City of Huntington
Beach amending Chapter 10.44 of the Huntington Beach Municipal Code relating to parking
time limits.
Alternative Action(s):
Do not approve the requested changes to Chapter 10.44 of the Huntington Beach Municipal
Code.
REQUEST FOR ACTION
MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER: PD-03-012
Analysis: The problems associated with public parking of oversized vehicles, recreational
vehicles and detached trailers are many. Some people actually live in the vehicles while
parked in residential areas and others simply store them on city streets. Five to ten calls per
day come into the Huntington Beach Police Traffic Bureau complaining about oversized
vehicles and unattached trailers parked in residential areas. Although there are specific
Municipal Code statutes prohibiting sleeping in vehicles, some people simply do not respond
when police officers attempt to contact them. Also, the areas surrounding the public beaches
are used as daytime campsites for many large vehicles.
In order to address the quality of neighborhood life and other issues associated with
oversized vehicle parking, the Police Department is proposing the following changes to
Chapter 10.44 of the Huntington Beach Municipal Code:
• Change the minimum length that defines an "oversized vehicle" from twenty-five (25)
feet to twenty (20) feet. Most self-contained recreational vehicles described in Health
and Safety Code Section 18010, exceed twenty feet in length. Most passenger
vehicles and light trucks are less than twenty feet in length. Changing the length
would eliminate a large portion of recreational vehicles that could legally park for a
72-hour period in residential areas.
• Require that all oversized vehicles parked for loading or unloading be restricted to a
maximum twelve-hour period while parked in a residential district.
• Restrict parking of all non-motorized vehicles to a twelve-hour loading or unloading
period while attached to drawing vehicle in a residential district. No parking would be
allowed for detached trailers.
• Set the bail for violation of 10.44.060 a, b, d and 10.44.065 a, d of the Huntington
Beach Municipal Code at $100.00. The current bail is $36.00 for these violations and
it has not served to deter storage of oversized vehicle on residential streets.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance 14,1,9 61/
2 Legislative Draft Chapter 10.44 Sections: 060,065 and 070.
RCA Author: Wm. Peterson, Lieutenant X5661
D:\Documents and Settings\storovig.HBPD\Local Settings\Temporary Internet Files\OLK15\RCA Recreational Vehicle
Parking.doc -2- 6/2/2003 1:34 PM
ATTACHMENT. "# 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEAC
MUNICIPAL CODE RELATING TO PARKING TIME LIMIT
The City Council of the City of Huntington Beach does hereby ordain follows:
SECTION 1. Section 10.44.060 of the Huntington Beach Munici Code is hereby
amended to read as follows:
10.44.060 Oversized vehicle parking regulations. No person shall k or leave standing upon any
public street or highway in a residential district:
(a) Any motor vehicle over twenty (20) feet long measured fr the extreme forward point to the
extreme rear point, including extensions;
(b) Any motor vehicle, including buses, motor trucks, tr ' ers, semi-trailers, trailer coaches, or truck
tractors as defined in the Vehicle Code over eighty- our(84) inches wide, measured at its widest
point excluding side-view mirrors or similar exte ions, designed, used or maintained for the
transportation of property;
(c) Any motor vehicle which is designed, used o maintained as farm machinery or a special purpose
or equipment machine; or
(d) Any nonmotorized vehicle, such as a se itrailer, trailer, trailer coach, utility trailer, two or more
axle camper, or a one-axle camper, w 'ch has been detached from its drawing vehicle.
SECTION 2. Section 10.44.06 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.065 Exceptions. Section 10 4.060 shall not apply to the following:
(a) Any oversized recreational otor vehicle, as defined by California Health and Safety Code
section 18010 or any amen ents thereto, while parked or standing for the purpose of loading or
unloading passengers or p operty for a period not to exceed twelve (12) hours only in a residential
district;
(b) Any oversized motor v hicle parked while used in performing or assisting in performing services
or repairs on resident' 1 property;
(c) Any oversized mo r vehicle which is parked for not more than twenty-four (24) consecutive
hours to make e rgency repairs to such vehicle; and
(d) Any nonmotori ed vehicle, such as a semitrailer, trailer, trailer coach, utility trailer, two or more
axle camper, or a one-axle camper which is attached to its drawing vehicle may be parked for the
purpose of 1o,Ading or unloading passengers or property for a period not to exceed twelve (12)
hours in a/residential district only.
SECT/ION 3. Section 10.44.070 of the Huntington Beach Municipal Code is hereby
amended to/read as follows:
03ord/chap 10-44/5/28/03 1
Ord. No. 3611
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 two1k3) 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 followi highways in the
City of Huntington Beach:
Adams Avenue Edwards Street /SoeapoiAvenvue
as ighway
Algonquin Street Ellis Avenue n a (17th Street
Argosy Avenue Garfield Avenue t Avenue)
Atlanta Avenue Goldenwest Street Avenue
Banning Avenue Gothard Street nth Street
Beach Boulevard Graham Street enueBolsa Avenue Hamilton Street le Street
Bolsa Chica Street Heil Avenue venue
Brookhurst Street Indianapolis Avenue Ward Street
Bushard Street Magnolia Street Warner Avenue
Center Avenue McFadden Avenue Yorktown Avenue
Edinger Avenue Newland Street
(b) In case of emergency, oversize vehicles shall be emoved immediately if between the hours of 9
p.m. and 6 a.m., otherwise they may park on t highways listed in this section provided that such
vehicles shall be removed within four (4) ho s. Emergency parking is defined to mean any
vehicle left standing at the roadside becaus of mechanical breakdown or because of driver's
physical incapacity to proceed.
(c) Notwithstanding the prohibition contai ed in this section, wherever highway markings clearly
indicate legal on-street parking in fro of residential property facing any arterial highway set out
in subsection(a) hereof, an oversize 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 epairs to the premises.
SECTION 4. This ordina a shall become effective 30 days after its adoption.
PASSED AND ADOPT by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the day of , 2003.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Cler �(•L ✓✓� S-Zy-O} �v�
�-o- City Attorney
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REVIEWED D APPROVED: INITIATED AND APPROVED:
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City AclKinistrator Police Chief Co-, _2-_d,3
03ord/chap 1044/5/28/03 2
ATTACHMENT #2
ORDINANCE NO.1-
LEGISLATIVE DRAFT
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,
2514-12/81,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3136-5/92,3257-11/94, 3336-12/96)
Sections:
10.44.010 Twenty-four minute 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 minute maximum. Green curb marking shall mean no standing or
parking for a period of time longer than twenty-four(24) minutes at any time. (276-11/25, 322-1/29,
533-7/48, 1155-8/65, 3257-11/94)
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 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 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--Continuinc 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 (20) feet long measured from the extreme
forward point to the extreme rear point, including extensions;
(b) Any motor vehicle, including buses, motor trucks, trailers, semi-trailers,
trailer coaches, or truck tractors as defined in the Vehicle Code over
six (96) eighty-four (84) inches wide, measured at its widest point excluding
legisdrft/mc 1044-LD/5/28/03 1
side-view mirrors or similar extensions, designed, used or maintained for the transportation
of property;
tFuek tr-aeter-s as defined i-n-ahe Vehiele Code, ever-ninety six (96) inehes wide, fneasur-e
its widest point exeluding side view miffefs of sifflilaf e�itensiefls, designed, used er-
(d c) Any motor vehicle which is designed, used or maintained as farm machinery or a special
purpose or equipment machine; or
(e 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 f r ^ pefied t to o e f(24) hetifs. (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
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 fouf
twelve (12)hours only in a residential district; (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 detaelied f em i is attached to
its drawing vehicle may be parked for the purpose of loading or unloading
passengers or property for a period not to exceed€eur(4) twelve (12) hours in afty-
afea
thef th a residential district only. (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
Avenue
17 Street to
Sea point Avenue
Atlanta Avenue Garfield Avenue Seapoint Avenue
Seventeenth Street
Banning Avenue Goldenwest Street Slater Avenue
Beach Boulevard Gothard Street Springdale Street
Bolsa Avenue Graham Street Talbert Avenue
Bolsa Chica Street Hamilton Avenue Ward Street
Brookhurst Street Heil Avenue Warner Avenue
legisdrft/mc 1044-LD/5/28/03 2
Bushard Street Indiana olis Avenue I Yorktown Hvenue
Center Avenue I Magnolia Street ME
(2177-5/77,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3336-12/96)
(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. (3336-12/96)
(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. (3336-12/96)
legisdrft/mc 1044-LD/5/28/03 3
RCA ROUTING SHEET
INITIATING DEPARTMENT: Police
SUBJECT: Oversized Vehicle Parking Regulations
COUNCIL MEETING DATE: June 16, 2003
RCA ATTACHMENTS
_ -STATUS
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.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) 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
Find in s/Conditions for Approval and/or Denial Not Applicable
... .
EXPLANATION FOR SI NG MES ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk G
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: William Peterson, Lieutenant X5661