Loading...
HomeMy WebLinkAboutOrdinance 1663 N.C.S. 08/04/1986i ., JUL 1 Q ~6 !~$~ Introduced by Seconded by Vice Mayor Larry Tencer Jack Cavanagh AN ORDINANCE AMENDING CHAPTER 11.68 OF THE PETALUMA MUNICIPAL CODE PERTAINING TO TOW-AWAY ZONES IN ITS ENTIRETY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Chapter 11.68 of the Petaluma Municipal Code is hereby amended in its entirety to read as follows "CHAPTER 11.68 TOW-AWAY ZONES Section 11.68.010 11.68.020 11.68.030 11.68.040 11.68.050 11.68.060 ORDINANCE NO. 1663 N.C.S. Designation Posting and signing. Removal of vehicles . Removal of vehicles order of police or owner's request. Notice of removal. Garagemen's lien. 11.68.010 - Designation. The City may, by resolution, designate streets wherein no parking shall be permitted, and declare in the said resolution that the streets so designated shall be located in tow-away zones, and any vehicle parked in violation of such resolution may be directed to be towed away by any police officer of this city in accordance with the provisions of this chapter. 11.68.020 - Posting and Signing . Upon the adoption of the resolution as authorized in Section 11.68.010, the City Traffic Engineer is authorized and directed to place signs of not less than two in each block of the street affected, which signs shall conform to the signing adopted by the State of California and state substantially as follows: "No standing, Stopping or Parking between the hours of ....and ....) , (at any time.) Violators will be towed away." 11.68.030- Removal of Vehicles. Any duly authorized and acting police officer is authorized to remove or cause to be removed a vehicle from a street in this city when such vehicle violates any of the provisions of Section 11.40.030 under the following circumstances: A. When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tube or tunnel where the vehicle constitutes an obstruction to traffic; B . When any vehicle is left standing upon a highway in such a position as to obstruct the normal movement of traffic; C. When any vehicle is found upon a highway and report has previously been made that the vehicle has been stolen or complaint has been filed and a warrant thereon issued charged that the vehicle has been embezzled.; D . When any vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move such vehicle from in front of the driveway to another point on the highway; Ord. 1663 NCS 2 of 5 E. When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move such vehicle from in front of the fire hydrant to another point on the highway. F. When the person or persons in charge of a vehicle upon a highway are, by reason of physical injuries or illness, incapacitated to such an extent as to be unable to provide for its custody or removal. " 11.68.040 -Removal of vehicle on order of police or at owner's request . No vehicle shall be removed from the street or other place under the provisions of this chapter except upon the order of a police officer acting in accordance with the law; provided, however, that a police offer may, when so requested by the owner or operator of a motor vehicle that is inoperative, on or off the highway, or other place, but not in violation of law, transmit the owner's or operator's request for tow car services to a towing company designated by the Chief of Police. 11.68.050 -Notice of Removal. Whenever a police officer causes the removal of a vehicle from a street, as authorized in this chapter, and the police know, or is able to ascertain from the registration records of the department of motor vehicle, the name and address of the owner thereof, such officer shall immediately give, or cause to be given, notice in writing to such owner of the fact of such removal, the grounds thereof, and of the place to which such vehicle has been removed. A copy of such notice shall be given to the towing company in charge of the facility wherein the vehicle is stored. When the police officer, removing a vehicle from a street as herein provided, does not know and is not able to ascertain the name of the owner or for any Ord. 1663 NCS 3 of 5 other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of seventy-two years, then and in that event, the officer shall immediately send, or cause to be sent, written report of such removal by mail to the department of motor vehicles at Sacramento and shall file a copy of such notice with the towing company and the facility in which the vehicle may be stored. Such report shall include a complete description of the vehicle, the date, time and place from which removed, the grounds for such removal and the name of the facility where the vehicle is stored. 11.68.060- Garagemen's lien. Whenever any vehicle has been removed to a parking facility under the provisions of this chapter and the operator of such parking facility has received the notice or notices from the arresting officer as provided in this chapter, the operator shall have a lien, dependent upon possession, for his compensation for towage and for caring for and keeping safe such vehicle for a period not exceeding .ninety days." Section 2. Severability Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this ordinance. The City Council declares it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more of such provisions be declared unconstitutional. Ord. 1663 NCS 4 of 5 Section 3. The City Clerk is hereby directed to post/lh~aibrl~sdbl this ordinance for the period and in the manner specified by law. Introduced and ordered posted/16~(a~1~~M~~ this 21st day of July 1986. ADOPTED the 4th day of August 1986, by the following vote: AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Mattei NOES : None ABSENT: None .~ Mayor ATTEST• ' y Clerk Ord. 1663 ORD .. . Approved as to form: City Attorney Ord.. 1663 NCS 5of5