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HomeMy WebLinkAboutORD 10(2013)ORDINANCE NO. 10(2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING PARKING OF VEHICLES ON CITY STREETS AND PUBLIC PROPERTY FOR THE PURPOSE OF SLEEPING A. RECITALS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: 1. On -street parking and parking on public property is limited. A primary purpose for parking on City streets and public property is to provide places where persons can temporarily park their vehicles in order to access nearby residences, businesses and public uses for social, business or recreational purposes. 2. A secondary purpose is to provide parking for residents or employees of nearby residences and businesses which may not have sufficient parking. 3. In establishing the number of parking spaces for public property, the City's parking standards are based upon projections of the number of spaces that are required for persons using the property. These standards do not contemplate that parking spaces will be utilized by persons for the ----purposes-of--sleep-in-g-was--a-home_or--as_motel_roam------------------------------- ------ -------------- - - ------------------------------------ ---------- ----- 4. Persons who park their vehicles on City streets and public property for the purpose of sleeping are utilizing limited parking spaces and thereby limiting access to residential, commercial and public property for persons who seek to use such places for their intended purpose. Now, therefore, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 10.16.225 is added to the Diamond Bar Municipal Code to provide as follows: "Section 10.16.115. — Prohibited Parking No person shall park and leave standing any vehicle on any public street, any public alley or upon any public property for the purpose of sleeping, unless otherwise authorized by this Code or by the owner of such property. Section 2. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to applicable provisions of law and this Ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council .on the 5th day of October 2013. Jack Tanaka, Mayor I, Tommye Cribbins, 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 15th. day of October , 2013 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on 5th day of November , 2013, by the following vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Tommyb A. Cribbins, City Clerk