Ordinance No. 8911rG
ORDINANCE NO. 891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS REPEALING SECTION 16 -73 OF THE CODE
OF THE CITY OF CYPRESS AND ADDING SECTIONS
16 -73 THROUGH 16 -73.3 TO CHAPTER 16 RELATING
TO OVERNIGHT PARKING OF OVERSIZED VEHICLES.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 16 -73 of the Code of the City of
Cypress is hereby repealed in its entirety.
SECTION 2. Chapter 16 of the Code of the City of
Cypress is hereby amended by adding Sections 16 -73 through 16 -73.3,
as follows:
"Sec. 16 -73. Oversized Vehicles -- Overnight Parking -
Definitions.
(a) Non - Motorized Vehicle. A 'non- motorized vehicle'
is any trailer, camp trailer, semi - trailer or
trailer coach as defined by the Vehicle Code.
(b) Oversized Vehicle. An 'oversized vehicle' is any
vehicle or combination of vehicles that exceeds
eight (8) feet high or twenty -two (22) feet in
length or ninety -two (92) inches in width exclusive
of projecting lights or devices as allowed by
Sections 35109, 35110 or 35112 of the Vehicle Code
as may be amended.
Section 16 -73.1. SAME -- Overnight Parking.
(a) Oversized Vehicles. No person shall park or leave
standing upon any public street or highway any
oversized vehicle or non - motorized vehicle at any
time between the hours of 2:00 a.m. and 4:00 a.m.
(b) No person shall park any commercial vehicle that
exceeds eight (8) feet high or twenty -two (22) feet
in length or ninety -two (92) inches in width
between the hours of 2:00 a.m. and 4:00 a.m. upon
any public street or highway except for the purpose
of loading, unloading or servicing adjacent
property.
(c) No person shall park any oversized or non - motorized
vehicle on any public street, or the cul -de -sac
thereof, which has a curb width of thirty -six (36)
feet or less, or on any public street on which a
traffic lane line has been painted where the
distance between the painted lane line and the
nearest part of the oversized or non - motorized
vehicle is twelve (12) feet or less.
-1-
(d) Exceptions. The provisions under Section 16 -73.1
shall not apply to the following:
1. Any vehicle displaying a valid permit issued
by the Chief of Police or his designee in
accordance with the special circumstances set
forth in subsection (e) of this section.
2. Parking of any vehicle on the public street or
highway for the purpose of loading or
unloading such vehicle, but in no event longer
than forty -eight (48) hours.
(e) Permits. The Chief of Police or his designee may
issue a temporary permit for the overnight parking
of an oversized or non - motorized vehicle if he
makes any of the findings set forth in this section
and in addition, determines that the parking of
such oversized or non - motorized vehicle will not
create a safety hazard. Such permit shall be valid
for the time period stated thereon and shall be
issued only in the event of special circumstances
which shall include the following:
(f)
1. The vehicle belongs to visitors or house
guests temporarily residing in the City. Such
permit shall be valid for a maximum period of
fourteen (14) days.
2. The vehicle belongs to a new resident and
suitable permanent parking or storage is being
arranged. Such permit shall be valid for a
maximum period of six (6) months.
3. The vehicle is newly purchased and suitable
permanent parking or storage is being
arranged. Such permit shall be valid for a
maximum period of six (6) months.
4. The vehicle is used as a sole or primary means
of transportation and the parking of such
vehicle is not reasonably possible on the
owner's premises. Such permit shall be valid
for a maximum period of six (6) months and may
be renewed for successive six (6) month
periods.
Restrictions On Issuance Of Permits. The Chief of
Police or his designee shall not issue a permit
under the following described conditions or street
locations:
1. The parking of such oversized or non - motorized
vehicle will create a safety hazard such as
interference of access of fire trucks or other
emergency vehicles.
Section 16 -73.2. SAME -- Signing. Pursuant to Vehicle
Code Section 22507, signs giving adequate notice of the
prohibitions contained in this section shall be placed
within city limits of the City of Cypress.
-2-
Section 16 -73.3. SAME -- Penalty. Violation of the
provisions of this section shall be an infraction subject
to the issuance of a citation and shall be punishable by
a fine of $25.00. Each day a violation is committed
shall be considered a separate offense subject to the
issuance of a separate citation. Pursuant to
Section 22651 of the Vehicle Code, any non - motorized
vehicle or oversized vehicle parked or left standing on
a public street or highway in violation of the provisions
of this section may be removed from the street or highway
upon which such vehicle is parked or left standing."
SECTION 3. Effective Date of Ordinance.
Notwithstanding any other provision under law, the effective date
of this Ordinance shall be six (6) consecutive calendar months from
the date of its adoption.
SECTION 4. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is for any
reason to be held 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 section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or
unconstitutional.
SECTION 5. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and to give
notice thereof by causing copies of this Ordinance to be posted in
three public places throughout the City.
FIRST READ at a regular meeting of the City Council of
said City held on the 9th day of November , 1992
and finally adopted and ordered posted at a regular meeting held on
the 23rd day of November , 1992.
ATTEST:
`1'171/Y(eV/A4
CITY CLERK oW THE/66Y OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
Aie
/1, ' f,.r
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at the regular meeting
of the said City Council held on the 23rd day of November 1992; by the
following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kerry and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Nicholson
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OF CLRK 0 CYPRESS
THE
CITY CI
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