HomeMy WebLinkAboutCC ORD 2016-2410 Amend Titles 7 and 11 Recreational VehiclesORDINANCE NO. 2016 — 2410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLES 7 AND 11 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO RECREATIONAL VEHICLES
WHEREAS, the parking or storing of motorhomes, boats, travel trailers and other
recreational vehicles, whether motorized or towed, on city streets can negatively affect traffic
safety and quality of life for those who live and work in National City; and
WHEREAS, traffic safety impacts of recreational vehicles ("RV") parked or stored
on city streets include impaired visibility of pedestrians for drivers, impaired access to driveways
and cross traffic on narrow residential streets, and impaired sight distance for drivers and
pedestrians if the recreational vehicle is parked close to an intersection or on a curve; and
WHEREAS, the City has received numerous complaints about RVs being parked
and illegally stored, RV's blocking street views and access, and RV discharge runoff issues; and
WHEREAS, the quality -of -life impacts of recreational vehicles parked or stored
on National City streets include illegal discharge of wastewater onto streets or the storm water
system, trash or litter by the recreational vehicle, reduced on -street parking for regular -sized
vehicles for residents and business customers, blocked views of landscaping or other natural
environmental features, and a sense of reduced security for nearby residents or business
owners and patrons if the interior of a recreational vehicle parked or stored on a city street is
hidden from view; and
WHEREAS, allowing recreational vehicles to park on city streets while being
loaded or unloaded, or to park on a temporary basis with a permit, balances the needs of
recreational vehicle owners in the city with other users of public streets; and
WHEREAS, California Vehicle Code section 22507 authorizes local authorities,
by resolution or by ordinance, to restrict the parking of certain vehicles on certain streets during
all or certain hours of the day, including designating certain streets upon which preferential
parking privileges are given to residents adjacent to streets for their use and enjoyment, under
which residents are issued permits that exempt them from the parking restriction; and
WHEREAS, pursuant to California Vehicle Code section 22507, such a parking
restriction shall not apply until signs or makings giving adequate notice thereof are placed; and
WHEREAS, pursuant to California Vehicle Code section 22507, a resolution or
ordinance adopted pursuant to this section may contain provisions that are reasonable and
necessary to ensure the effectiveness of the parking restriction; and
WHEREAS, prohibiting the parking or storing of recreational vehicles on city
streets promotes the health, safety and general welfare of the community by preserving the
residential character of neighborhoods, preserving the commercial character of business areas,
preventing the illegal discharge of wastewater from recreational vehicles into storm water
systems, preventing the illegal disposal of trash on streets or easements, and preventing traffic
safety problems associated with recreational vehicles parking or being stored on city streets,
such as impaired visibility for drivers and pedestrians or impaired access to driveways.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. Title 7 of the National City Municipal Code is amended by amending the
Table of Contents of Chapter 7.20 to read as follows:
Chapter 7.20
OUTDOOR ACTIVITIES
Sections:
7.20.010 Definitions.
7.20.020 Billposting.
7.20.030 Charitable organization collection stations.
7.20.010 Applying graffiti.
7.20.010 Discharges of water into ground or into storm drains —Prohibited.
7.20.010 Harbor regulations.
7.20.010 Itinerant vendors, peddlers, and solicitors.
7.20.080 Occupying a recreational vehicle —Restricted.
7.20.090 (Reserved)
7.20.100 Off -road vehicles.
7.20.110 Removal of traffic obstructions.
7.20.120 (Reserved)
7.20.130 Repairing and washing of vehicles on residential property —Restricted.
7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and
boats on private property, or parking on landscaped setback —Restricted.
7.20.150 Use of tarpaulins —Prohibited.
Section 2. That Chapter 7.20 is amended by amending Section 7.20.080 to read as
follows:
7.20.080 Occupying a recreational vehicle —Restricted.
A. It is unlawful to occupy a recreational vehicle, as defined in Title 11 of this Code,
for more than ten consecutive minutes between the hours of 2:00 a.m. and 6:00 a.m. while that
vehicle is parked on a street or on public or private property, except when that vehicle is parked
within a lawfully permitted mobile home park or campground, or except when actively loading or
unloading a recreational vehicle for a period not to exceed two hours as permitted under Section
11.32.366 (b)(1). To occupy means to be physically present within the recreational vehicle for
more than ten consecutive minutes.
B. It is unlawful to attach or hookup a recreational vehicle to a utility service
providing gas, water, sewage, telephone or cable TV, or any combination, at any time, except in
a lawfully permitted mobile home park or campground.
Ordinance No. 2016-2410 2 Amending NCMC Title 7 and 11
Recreational Vehicles
C. It is unlawful to hookup or attach a recreational vehicle to a utility service
providing electricity, except where that connection is made to a battery recharging device for a
period not to exceed twenty-four (24) hours for the purpose of recharging the vehicle's battery,
and for no other purpose.
Section 3. Title 7 of the National City Municipal Code is amended by amending
Section 7.20.140 to read as follows:
7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and
boats on private property, or parking on landscaped setback —Restricted.
A. Notwithstanding the provisions of Title 18, it is unlawful to park, repair, or store
any vehicle within or upon any unpaved portion of any public or private property. This section
shall not be construed to prohibit the washing of a vehicle upon an unpaved portion of private
property, provided that no liquids used in the washing shall drain onto a public street, with the
exception of potable water.
B. It is unlawful to repair, store, or wash any vehicle within or upon any paved or
unpaved portion of public property, or to park a vehicle except in an area designated for parking.
C. Except in paved areas or driveways specifically designed for parking, it is
unlawful to park any vehicle, including a recreational vehicle or boat trailer, within the front yard
or the exterior side yard setbacks of private residential property, or on the parkway or landscape
area of the public right of way.
D. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current or
valid registration plates or tags, any junked, wrecked, abandoned or inoperable vehicle, or any
vehicle for which a certificate of nonoperation has been issued by the department of motor
vehicles on residential property, except within a fully enclosed garage or building or behind a
solid fence where it is not visible from the street or other public or private property. Any vehicle
that is leaking fuel, oil, or transmission fluid shall not be parked on a public street, or on private
property except within a garage or under a covered parking area.
E. It is unlawful to park or store any recreational vehicle or boat trailer:
1. On a residential parcel unless that recreational vehicle or boat trailer is
owned by and registered to an occupant of a legal dwelling unit on the same parcel; or
2. On any other parcel unless the parcel is zoned and licensed for use as a
recreational vehicle storage yard or repair facility.
F. Any vehicle, including a recreational vehicle or boat trailer, parked, or stored in
violation of this Section 7.20.140 is declared to be a public nuisance, and is subject to
abatement and removal in accordance with Chapters 1.44 and 11.48. Citations for violations of
this Section shall not be issued until twenty-four (24) hours have elapsed after the placement of
a notice of warning upon the offending vehicle or the concerned property when access to the
vehicle is denied. Any vehicle lacking valid registration or subject to a certificate of non -
operation that visually appears operable shall first be subject to administrative citation under
Chapter 1.44 as a means of abatement before resort to Chapter 11.48 when initial abatement
efforts are unsuccessful.
Section 4. Chapter 11.04 of the National City Municipal Code is amended by
amending the Table of Contents to read as follows:
Ordinance No. 2016-2410 3 Amending NCMC Title 7 and 11
Recreational Vehicles
Chapter 11.04
DEFINITIONS
Sections:
11.04.010 Definitions —Generally.
11.04.020 Alley.
11.04.030 California Maintenance Manual.
11.04.040 Central traffic district.
11.04.050 City council.
11.04.060 Holiday.
11.04.070 Loading zone.
11.04.080 Official time standard.
11.04.090 Official traffic control device.
11.04.100 Official traffic signal.
11.04.110 Park.
11.04.120 Parkway.
11.04.130 Passenger loading zone.
11.04.140 Pedestrian.
11.04.150 Person.
11.04.160 Police officer.
11.04.165 Recreational vehicle.
11.04.170 Secondary traffic district.
11.04.180 Stop.
11.04.190 Traffic.
11.04.200 Oversized vehicle or load.
Section 5. Title 11 of the National City Municipal Code is amended by adding new
section 11.04.165 to read as follows:
11.04.165 Recreational vehicle. "Recreational Vehicle" means any camp trailer,
camper, fifth -wheel travel trailer, trailer coach, or house car as defined in California Vehicle
Code sections 242, 243, 324, 362, 396, 635, recreational vehicle as defined in California Health
and Safety Code section 18010, or boat or boat on a trailer, regardless of whether the boat or
boat on a trailer is attached to a motor vehicle or carrier trailer as defined in California Vehicle
Code 14.005.
Section 6. Chapter 11.32 of the National City Municipal Code is amended by
amending the Table of Contents to read as follows:
Ordinance No. 2016-2410 4 Amending NCMC Title 7 and 11
Recreational Vehicles
Chapter 11.32
STOPPING, STANDING, AND PARKING
Sections:
11.32.010 Stop sign —Erection —Authority.
11.32.020 Stop sign —Obedience required.
11.32.030 Emerging from alley or private driveway.
11.32.040 Regulations —Applicability.
11.32.050 Parkways —Stopping in prohibited.
11.32.060 Vehicle storage on streets.
11.32.070 Violation of restricted hours —Vehicle removal.
11.32.080 Storage or repair of vehicles prohibited.
11.32.090 Parking parallel —Curb.
11.32.100 Angle loading —Permit.
11.32.101 Angle parking zones.
11.32.110 Near schools.
11.32.120 Narrow streets.
11.32.130 Hills.
11.32.140 Stopping or parking prohibited —Signs required.
11.32.150 Unlawful parking —Vending by vehicle.
11.32.160 Emergency parking signs.
11.32.170 Curb parking —Right-of-way.
11.32.180 Loading zone —Authority —Designation.
11.32.190 Curb markings.
11.32.200 Loading permitted —Effect.
11.32.210 Loading zone —Restrictions —Generally.
11.32.220 Loading zone —Passenger —Restrictions.
11.32.230 Alley —Restrictions.
11.32.240 Bus zones.
11.32.250 Taxi stands.
11.32.260 Time limit —Central traffic district.
11.32.270 Time limits —Other districts.
11.32.280 Time limits —Secondary traffic district.
11.32.290 Prohibited hours.
11.32.300 Absolutely prohibited.
11.32.310 Temporary parking restrictions and time limit —Generally.
11.32.320 Signs —Authorization.
11.32.330 Valet parking —Permits.
11.32.340 Valet parking —Defined.
Ordinance No. 2016-2410 5 Amending NCMC Title 7 and 11
Recreational Vehicles
11.32.350
11.32.360
11.32.365
11.32.366
11.32.370
11.32.371
11.32.380
11.32.390
11.32.400
Valet parking —Spaces designated.
Heavy-duty commercial vehicles —Parking restrictions in all residential
districts and east of National City Boulevard.
Unattended heavy-duty detached trailers —Parking restrictions in
commercial and industrial districts.
Parking recreational vehicles on city streets —Restricted.
Public parks.
Public property.
Parking or obstruction of fire lane prohibited —Towing authorized.
Unauthorized parking in reserved parking spaces prohibited.
Parking violation —Penalties.
Section 7. Title 11 of the National City Municipal Code is amended by amending
paragraph C of Section 11.32.360 to read as follows:
11.32.360 Heavy-duty commercial vehicles —Parking restrictions in all residential
districts and east of National City Boulevard.
C. For the purpose of this section, "heavy-duty commercial vehicle" means a single
vehicle or combination of vehicles having more than two axles or weighing more than ten
thousand pounds GVWR (gross vehicle weight rating), a single vehicle or combination of
vehicles twenty feet or more in length, or a single vehicle or combination of vehicles six feet,
eight inches or more in width, including dump trucks, moving vans, tractors, pole or pipe dollies,
trailers and detached trailers or detached flatbed trailers. It shall not include a recreational
vehicle.
Section 8. Title 11 of the National City Municipal Code is amended by adding new
section 11.32.366 to read as follows:
11.32.366 Parking recreational vehicles on city streets -Restricted.
A. The city council finds that the increase in the number of recreational vehicles
parked on city streets, highways, alleys, public ways or public places, or public right of ways has
a detrimental effect on the public health, safety, and welfare of the residents and negatively
affects the quality of life in the city. The purpose and intent of the city council is to establish a
process to allow a city resident to park the recreational vehicle on a city street for a limited
period of time.
B. No person shall park or leave standing any recreational vehicle, whether
motorized or not, whether attached to motorized vehicle or not, at any time upon any highway,
street, alley, public way, or public place, except as otherwise allowed, in the City of National City
except:
1. While a person is actively loading or unloading a recreational vehicle for a
period not to exceed two hours; or
2. When the registered owner or lessor of a recreational vehicle is in
possession of a permit issued pursuant to Section 11.32.366.C.
Ordinance No. 2016-2410 6 Amending NCMC Title 7 and 11
Recreational Vehicles
C. For the purpose of this section, "recreational vehicle" shall include, but is not
`%ft,.- limited to the following:
1 Camp trailers (California Vehicle Code Section 242);
2. Fifth -wheel travel trailers (California Vehicle Code Section 324);
3. House cars (California Vehicle Code Section 362);
4. Trailer coaches (California Vehicle Code Section 635);
5. Mobile homes (California Vehicle Code Section 396);
6. Boats and/or trailers, including jet skis and/or jet ski trailers;
7. Dune buggies and off -road or all -terrain vehicles and/or trailers;
8. Trailers used for the transportation of equipment, vehicles, or animals;
9. Recreational vehicles (California Health & Safety Code Section 18010);
10. Folding camper trailers;
11. Any other motorized or towed vehicle designed, maintained or used
primarily for recreational purposes.
D. Temporary Parking Permit Process
1. The City Manager, or designee, has the authority to adopt rules and
regulations governing the permit process, and to issue permits for the parking of a recreational
vehicle on a street if:
a. a written application is made to the City Manager on a form
established by the City Manager, or designee;
b. the fees described in Section 11.32.366.F are paid; and
c. the City Manager, or designee, determines that the parking of the
recreational vehicle will not create a safety hazard.
�.r 2. The permit shall be issued to a city resident or city property owner.
3. The permit shall include the name and address of the city resident or the
city property owner, the license plate number of the recreational vehicle, the date of issuance,
and the date(s) that the permit is valid.
4. The permit shall be valid only within the same block of the resident's or
property owners' address, or upon a street adjacent to the resident's address, on either side of
the street.
5. The permit shall be valid for no longer than twenty-four hours.
6. A city resident or city property owner may obtain no more than three
permits at one time for a period of no longer than seventy-two consecutive hours.
7. A city resident or city property owner may not obtain more than six
permits in any calendar month. A city resident or city property owner may not obtain more than
seventy-two permits in any calendar year.
8. There shall be three days between the expiration of a permit, or if a city
resident or city property owner obtained two or three permits at one time the expiration of the
second or third permit, and the issuance of another permit to the same city resident or city
property owner.
9. The city resident or city property owner shall display the permit in the
recreational vehicle in such a manner that it is clearly visible to city enforcement officers.
10. The permitted recreational vehicle shall be subject to all applicable
parking restrictions of the National City Municipal Code and the California Vehicle Code.
11. A city resident or city property owner in possession of a permit must
comply with all state and local laws, including posted parking restrictions.
Ordinance No. 2016-2410 7 Amending NCMC Title 7 and 11
Recreational Vehicles
12. The fee for obtaining a permit shall be established by resolution of the city
council. The fee shall be included in the city's fee schedule.
E. Any person violating this Section is punishable as prescribed in Section 1.20.010.
F. As an alternative to Subsection E., a violation of any provision of this Section
may be punishable with an administrative citation or other civil or administrative remedy
pursuant to Title 1 of the National City Municipal Code.
Section 9. Severability. The city council declares that the judicial invalidity of any
subsection or portion of this chapter shall not affect the validity of any other remaining section or
portion; that the city council would have adopted each of those remaining portions,
notwithstanding any later declared invalidity. If any provision determined invalid under the
preceding sentence can either be judicially severed or interpreted in a way that could harmonize
it with the remaining provisions, then it may be severed or interpreted and applied so as to give
full purpose, meaning, and effect to the remaining provisions of this chapter.
ATTEST:
PASSED and ADOPTED this 15th day of March, 20
n Morrison, Mayor
1L
MichSael R. Dalla, Ci y Clerk
PPROVED S TO FORM:
Iaudia,Gaci
City Atto
Ordinance No. 2016-2410 8 Amending NCMC Title 7 and 11
Recreational Vehicles
Passed and adopted by the Council of the City of National City, California, on March 15,
2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
AP
City Clerk of the City of ational City, California
Deputy
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on February 16, 2016 and on March 15, 2016.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2016-2410 of the City Council of the City of National City, passed
and adopted by the Council of said City on March 15, 2016.
By:
City Clerk of the City of National City, California
Deputy