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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" 0 0 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: 3 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 4