HomeMy WebLinkAboutORD 4 (1990)ORDINANCE NO. 4_ (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR PROHIBITING OR RESTRICTING THE
STOPPING, PARKING OR STANDING OF COMMERCIAL
VEHICLES IN SPECIFIED AREAS OF THE CITY,
REPEALING SECTIONS 15.64.050 AND 15.64.110 OF
THE LOS ANGELES COUNTY CODE AS HERETOFORE
ADOPTED, AND PRESCRIBING PENALTIES FOR
VIOLATION OF THIS ORDINANCE.
A. Recitals.
(i) California Vehicle Code Section 22507 provides, in
pertinent part, as follows:
"Local agencies may, . . . prohibit or restrict the
stopping, parking, or standing of vehicles, . . . on
certain streets or highways, or portions thereof, during
all or certain hours of the day. . . . With the
exception of alleys, no such ordinance or resolution
shall apply until signs or markings giving adequate
notice thereof have been placed. . . 11
(ii) California Vehicle Code Section 22507.5 provides,
in pertinent part, as follows:
"(a) Notwithstanding Section 22507, local
authorities may, . . . prohibit or restrict the parking
or standing of vehicles on certain streets or highways,
or portions thereof, . . . in a residential district, of
commercial vehicles having a manufacturer's gross
vehicle weight rating of 10,000 pounds or more. . . ."
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(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
SECTION 1. In all respects, as set forth in the
Recitals, Part A, of this Ordinance.
SECTION 2.
(a) "Commercial vehicle, " as utilized in this
Ordinance, shall mean any vehicle which fits the definition of
commercial vehicles set forth in California Vehicle Code Section
260, as amended from time to time, or any successor provision or
provisions thereof.
"Trailer" as utilized in this Ordinance, shall mean any
vehicle which fits the definition of trailer set forth in
California Vehicle Code Section 630, as amended from time to
time, or any successor provision or provisions thereof.
"Semitrailer," as used in this Ordinance, shall mean
any vehicle which fits the definition of semitrailer set forth in
California Vehicle Code Section 5550, as amended from time to
time, or any successor provision or provisions thereof.
(b) No person shall stop, park or stand any commercial
vehicle for more than one-half hour on any street located within
the City of Diamond Bar in a commercial or industrial zone,
except while loading or unloading property, for such time in
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addition to such one-half hour period as is necessary to complete
such work, or when such vehicle is parked in connection with and
in aid of the performance of a service to or on property in the
block in which such vehicle is parked for such time in addition
to such one-half hour period as is reasonably necessary to
complete such service.
(c) No person shall stop, park or stand any commercial
vehicle having a manufacturer's gross vehicle weight rating of
10,000 pounds or more on any street, or portion thereof, located
in a residential district within the City of Diamond Bar, except
for such time as is reasonably necessary to make pick-ups or
deliveries of goods, wares, or merchandise from or to any
building or structure located on the street or for such time as
is reasonably necessary for the purpose of delivering materials
to be used in the actual and bona fide repair, alteration,
remodeling or construction of any building or structure upon the
street for which a building permit has previously been obtained
from the City.
(d) No person shall stop, park or stand any trailer or
semitrailer on any street, highway or alley located within the
City of Diamond Bar unless such trailer or semitrailer is then
attached to a motor vehicle capable of drawing or carrying it
upon the public streets and highways.
(e) The prohibitions contained in this Ordinance shall
not apply to areas designated by Resolution of the City Council.
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SECTION 3. Sections 15.64.050 and 15.64.110 of the Los
Angeles County Code,, as heretofore adopted, hereby are repealed,
in their entirety.
SECTION 4. The City Engineer hereby is authorized and
directed to give notice of the requirements of this Ordinance in
the manner prescribed by law.
SECTION 5. Violation by any person, firm, partnership
or corporation of any of the provisions of this Ordinance, or for
failure to comply with any of the requirements of this Ordinance
is an infraction. Every violation determined to be an infraction
hereby is punishable by (1) a fine not exceeding One Hundred
Dollars ($100.00) for a first violation; (2) a fine not exceeding
Two Hundred Dollars ($200.00) for a second violation of the same
provision or section of this Ordinance within one year; and (3) a
fine not exceeding Five Hundred Dollars ($500.00) for each
additional violation of the same provision or section of this
Ordinance within one year.
SECTION A. The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution 89-6.
1990.
ADOPTED AND APPROVED this 3rd day of April ,
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I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 20th day of March , 1990,
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the 3rd day of
April , 1990, by the following vote:
AYES: COUNCIL MEMBERS: Horcher, Forbing, Miller,
Mayor Pro -Tem Werner, Mayor Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
CiVy Clerk= -f th
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