7-27
VEHICLES OFFERED FOR SALE WHILE PARKED ON A PUBLIC STREET:

7-27.1 Definitions:

As used in this section:

Highway shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street.

Owner of the vehicle shall mean the last registered owner and legal owner of record.

Person shall mean and include any person, firm, partnership, association, organization, business trust, corporation, or company.

Public property not devoted to vehicular travel does not include “highway”.

Vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. #1518)

7-27.2 Acts Prohibited:

a. No person shall park a vehicle upon a highway with an apparent display to offer for sale or rent, or advertise by sign on a vehicle a business, products or services or offer for sale or rent any vehicle, which is subject to registration under the California Vehicle Code, in residential or historic districts, as zoned in the city’s general plan, or for more than one hour in a single day in any other zone.

b. No person shall park more than one car offered for sale or rent on any highway within the city at any single time.

c. No person shall rent or provide for any consideration any premises to another person or from another person for the purpose of selling automobiles without first obtaining a conditional use permit.

d. Prior to advertising such a vehicle for sale, the owner shall pay to and obtain from the city license manager a license to do so. The license fee shall be set by resolution of the city council from time to time. The license requirement and its fee shall not apply to sellers exempt under subsection 7-27.3 of this section. (Ord. #1518)

7-27.3 Acts Not Subject To This Section:

a. The provisions of this section shall not apply to the registered owner of a vehicle when displaying advertising on a vehicle offering to sell or rent such vehicle, upon a public street that abuts residential property of which the registered owner or immediate family is the owner, lessee, or lawful resident, nor when displaying, advertising or offering such vehicle for sale or rent while in the act of operating such vehicle.

b. Nothing in this subsection shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than chapter 10 (commencing with section 22650) of division 11 of the state Vehicle Code and this section. (Ord. #1518)

7-27.4 Supplemental To Other Laws:

This section is not the exclusive regulation of vehicles displaying commercial messages within the city. It shall supplement and be in addition to the other regulatory codes, statutes, provisions of this code and other city ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction. In the event of inconsistency, the most recently adopted provisions from the other ordinance shall apply, but only to the extent of the particular inconsistency. (Ord. #1518)

7-27.5 Enforcement Officer:

Except as otherwise provided in this section, the provisions of this section shall be administered and enforced by the chief of police. In the enforcement of this section, the chief of police and his deputies may examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this section. (Ord. #1518)

7-27.6 Citation Of Offending Vehicle:

Each vehicle found to be in violation of this section may be cited by either a police officer, city code enforcement officer, or parking enforcement officer. A citation for violation of this section shall carry a fine as set by the city council by resolution from time to time. (Ord. #1518)

7-27.7 Removal Of Offending Vehicle:

Any vehicle found to be parked in violation under this section shall be determined to constitute a nuisance per se, without the necessity of any further action, and may be impounded pursuant to this section. (Ord. #1518)

7-27.8 Authority To Remove Vehicles By Contractors Under Franchise:

When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to remove or cause the removal of a vehicle declared to be a nuisance pursuant to this section.

The tow service and storage garage operator, upon signing CHP report of impounded vehicle, assumes full responsibility for the vehicle and its contents on each impound. (Ord. #1518)

7-27.9 Assessment Of Administrative Costs:

The city council shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, excluding actual cost of removal of any vehicle under this section. (Ord. #1518)

7-27.10 Appeal:

The legal owner and/or registered owner of a cited vehicle may appeal the towing and the attendant fines, administrative costs, and tow and storage charges pursuant to Vehicle Code section 22852, and if successful, shall recover same from the city. (Ord. #1518)

7-27.11 Effective Upon Placing Of Signs:

The provisions of this section shall not be in effect until proper placing of signs giving notice of prohibited parking shall have occurred. (Ord. #1518)