HomeMy WebLinkAbout98-14 - Amending Sub-Section B to Section 12.40.190 of Chapter 12.40 of the Newport Beach Municipal Code Pertaining to Cause for Removal and Storage of Vehicles•
ORDINANCE NO. 98 -14
AN AMENDMENT TO AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH
AMENDING SUB - SECTION B TO SECTION 12.40.190 OF
CHAPTER 12.40 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO CAUSE FOR REMOVAL AND
STORAGE OF VEHICLES
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Section 12.40.190, sub - section B of the Newport Beach Municipal
Code, Title 12, Chapter 12.40, is amended as follows:
"12.40.190 Causes for Removal and Storage.
Any police Officer, Police Cadet or employee of the City of Newport Beach
assigned to parking control duties engaged in the enforcement of parking regulations
• may remove or cause to be removed and stored:
A. Any vehicle which is parked or left standing upon any public street
or publicly owned, maintained or operated properties for seventy -two (72) or more
consecutive hours.
B. Any vehicle which is parked or left standing on a street or highway,
public beach or tidelands at any place that has been established as a no- parking area
by resolution of the City Council when signs are posted giving notice that vehicles
parked in such area are subject to removal.
C. Any vehicle which is parked or left standing on a street or highway
where the use of such street or highway or a portion thereof is necessary for the cleaning,
repair or construction of the street or highway or for the installation of underground
utilities, or where the use of the street or highway or any portion thereof is authorized for a
purpose other than the normal flow of traffic, or where the use of the street or highway or
any portion thereof is necessary for the movement of equipment, articles or structures of
unusual size, and the parking of such vehicle would prohibit or interfere with such use or
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movement; provide, that signs giving notice that such vehicle may be removed are
• erected or placed at least twenty -four (24) hours prior to the removal.
D. Any vehicle which is parked or left standing on private property used
exclusively for a single - family dwelling site where the vehicle is parked or left standing in a
location on said residential lot that is not intended for public parking and without the
permission of the resident of said residential lot.
E. Any vehicle which is parked or left standing on a private street which
is not subject to Chapter 12.66 of this Code, or a private drive, in such a fashion that it
blocks the private street or drive so as to prevent vehicular ingress or egress thereto,
provided that signs giving notice that such vehicle may be removed are erected or placed
at all points of ingress at least twenty -four (24) hours prior to the removal.
F. Any vehicle which is parked or left standing on public or private
property which has been designated as a fire lane or fire access road by the Fire Chief,
provided that signs giving notice that such vehicle may be removed are erected or placed
at least twenty -four (24) hours prior to removal.
• G. Any vehicle blocking or impeding emergency access to the beach
area. "
SECTION 2: That if any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one to more
sections, sub - sections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City
• of Newport Beach held on the 22nd day of June, 1998, and adopted on the 13th day of
July, 1998, by the following vote, to -wit:
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• AYES, COUNCILMEMBERS Thomson, Debay, O'Neil,
Glover, Noyes, Mayor Edwards
NOES, COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS Hedges
ATTEST:
• CITY CLERK
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 95 -14 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of July, 1995, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of July, 1995.
(Seal)
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 95 -14 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: July 18, 1995.
In witness whereof, I have hereunto subscribed my name this day of
4•tul , 1995.
� � I `?rent _ � TJ�L• c ��µ�
City Clerk of the City of
Newport Beach, California