HomeMy WebLinkAbout82-7 - Amending Section 12.40.055 and 11.08.040 of the Newport Beach Municipal Code Regarding Parking of Certain Vehicles in Residential Districts and Residing in VehiclesORDINANCE NO. 82 -7
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
• AMENDING SECTION 12.40.055 AND 11.08.040 OF
THE NEWPORT BEACH MUNICIPAL CODE REGARDING
"PARKING OF CERTAIN VEHICLES IN RESIDENTIAL
DISTRICTS AND RESIDING IN VEHICLES"
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WHEREAS, pursuant to Council direction, the City
Traffic Affairs Committee and a City Council Ad Hoc Committee has
studied and conducted hearings regarding parking restrictions for
certain motor vehicles and detached non- motorized vehicles; and
WHEREAS, reports have been submitted to the City
Council at various study sessions conducted by the City Council
concerning this matter; and
WHEREAS, the City Council has conducted public hearings
and considered various view points concerning the parking on City
streets in residential areas of certain large vehicles and
detached non - motorized vehicles; and
WHEREAS, pursuant to these proceedings, the City
Council finds that:
1. The City of Newport Beach has a substantial problem with
regard to the lack of on- street parking available within
the City;
2. Many areas of the City of Newport Beach are characteriz-
ed by narrow streets;
3. The City of Newport Beach experiences a substantial in-
flux of visitors who add to the parking problem;
4. Because of the aforementioned factors and other related
considerations the parking of certain vehicles on City
streets presents a visual and safety problem to
motorists, pedestrians and children in residential areas
detriment to the health, safety and welfare
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES ORDAIN as follows:
SECTION 1. Section 12.40.055 of the Newport Beach
Municipal Code is amended to read as follows:
• "12.40.055 Parking of Certain Oversized Vehicles and
non - motorized vehicles in Residential Districts Prohibited.
A. Prohibition: subject to the exceptions set forth in
Section 12.40.055.1 No person shall, at any time,
park or leave standing any large motor vehicle, or
heavy -duty commercial vehicle, or non - motorized
vehicle as defined herein on any street within any
residential district. Pursuant to Vehicle Code
Section 22507, signs giving adequate notice of the
prohibitions contained in this Ordinance shall be
placed within the City limits of the City of
Newport Beach.
B. Large Motor Vehicle Defined. For the purpose of
• this Section, 'large motor vehicle' shall mean
every device, which is 90 inches or more in width
with the exception of heavy -duty commercial
vehicles as defined herein, by which any person or
property may be propelled, moved or drawn upon a
street, excepting a device moved by human power.
C. Heavy -Duty Commercial Vehicle Defined. For the
purpose of this Section, 'Heavy -Duty Commercial
Vehicle" shall mean any commercial vehicle having
more than two axles or any single commercial
vehicle or combination of said vehicles which
exceed 20 feet in length, any single commercial
vehicle or combination of said vehicles 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
10,000 lbs, or more.
D. Non - Motorized Vehicle Defined. For the purpose of
this Section, "Non- Motorized Vehicle' shall mean
. any detached trailer or any other detached
device which itself is not self - propelled and is
designed to be drawn by any type of motor vehicle.
E. Residential District Defined. For the purpose of
this Section, 'Residential Districts' shall mean
those districts particularly described in Title 20,
Part 2 'Residential Districts' of the Newport Beach
Municipal Code.
F. Measurements - To determine the width of the
vehicles defined herein, any extension to subject
vehicle caused by rear view mirrors shall not be
calculated.
12.40.055.1 Exceptions: The prohibition set forth in
• 12.40.055 shall not apply to the following:
(a) Large motor vehicles parked for the purpose of
loading or unloading for a period not to exceed
twelve (12) hours within any twenty four (24) hour
period.
(b) Non - motorized vehicles at the designated boat
launching area at 18th and Bay Street.
(c) To any motor vehicle parked to make emergency
repairs to such vehicle, repairs to adjacent
property, or to make deliveries to adjacent
property.
(d) Vehicles displaying authorized placards or
license plates pursuant to the California Vehicle
Code identifying the physically handicapped or
• disabled veteran.
Section 2. Section 11.08.040 of the Newport Beach
Municipal Code shall be amended to read as follows:
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It is hereby declared unlawful for any person to occupy
for the purpose of sleeping or living any vehicle parked any
• place within the corporate limits of the City of Newport Beach,
provided, however, this section shall not apply to persons
sleeping in any vehicle situated within an area designated for
overnight camping by resolution of the City Council of the City
of Newport Beach or other governmental entity having
jurisdiction over the property. "Occupy for sleeping or living"
shall include but not be limited to acts of sleeping, living in,
occupying as a dwelling or any other sojourn or stay within the
vehicle not directly related to driving said vehicle.
It is unlawful for any person to sleep on any beach,
whether public or private, or public pier or dock at any time
between the hours of nine p.m. and nine a.m. of the next day.
SECTION 3. This Ordinance shall be published once in
• the official newspaper of the City, and the same shall be effec-
tive thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 26th
day of April , 1982, re- introduced June 28, 1982, and was adopted
on the 12th day of July , 1982, by the following vote, to wit:
AYES, COUNCIL MEMBERS Heather, ox,
Hummel, Strauss, Maurer, Hart, Plummer
City Clerk
O6A- Parking5
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
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