Ordinance 1394
ORDINANCE NO. 1394
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING MUNICIPAL CODE SECTIONS 11.24.030
AND 11.24.140 TO PROHIBIT PARKING VEHICLES
UPON ANY PRIVATE ROADWAY OR PRIVATE PROPERTY
WITHIN THE CITY LIMITS FOR THE PURPOSE OF
DISPLAYING SUCH VEHICLES FOR SALE OR FOR
REPAIR WITHOUT THE EXPRESS WRITTEN PERMISSION
OF THE PROPERTY OWNER.
Statement of Purpose
The City Council of the City of Cupertino finds
that the parking of vehicles on roadways, private
roadways, and private property within the city limits
for the purpose of displaying such vehicle for sale, or
for the purpose of repairing or servicing such vehicles,
creates a condition that has a detrimental impact on the
public health, safety and welfare of the residents of
the City of Cupertino, and that such condition further
contributes to visual blight and degrades and undermines
the City's efforts to maintain the City streets and
property in a manner that is safe as well as
aesthetically pleasing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO HEREBY ORDAINS:
Section 1. - Amendment.
Sections 11.24.030 and 11.24.140 of Chapter 11.24
of the Cupertino Municipal Code are amended to read as
follows:
11.24.030 Definitions.
1
The following words and phrases when used in this
chapter shall have the meanings set forth in this
section:
A. "Emergency" means a situation in which
immediate, temporary, small scale maintenance is
necessary in order to permit an otherwise operable
vehicle to continue, such as changing a flat tire, jump
starting a dead. battery, or adding water to an
overheated radiator. An "emergency" situation shall not
be construed to permit work on, or storage of, a vehicle
which could be towed to an appropriate location for
repair or servicing.
H. "Display for sale" is to place, store, park, or
cause to be placed, stored or parked, for the primary
purpose of selling such vehicle or part thereof, as
opposed to parking such vehicle temporarily for the
purpose of carrying out incidental errands or other
temporary tasks. It shall be a rebuttable presumption
affecting the burden of proof, that any vehicle, or part
thereof, displaying a "For Sale" sign, or displaying a
sign containing information about price, conditions, or
telephone number, has been parked or placed for the
primary purpose of sale.
C. "Highway" is a way or place of whatever nature,
publicly maintained and open to the use of the public
2
for purpose of vehicular travel. "Highway" includes
street.
D. "Holidays" are the first day in January,
Memorial Day, Independence Day, Admission Day, Labor
Day, Thanksgiving Day, and Christmas.
E. "Intersection" is the area embraced within the
prolongation of the lateral curblines, or, if none, then
the lateral boundary lines of the roadways, of two
highways which join one another at approximately right
angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come
in conflict.
F. "Park" is to stand or leave standing any
vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually
engaged in loading or unloading of passengers or
materials.
G. "Parkway" is that portion of a street other
than a roadway or sidewalk.
H. "Roadway" is that portion of a highway
improved, designed, or ordinarily used for vehicular
travel.
I. "Sidewalk" is that portion of a highway, other
than the roadway, set apart by curbs, barriers,
markings, or other delineation for pedestrian travel.
3
•
J. "Stop or stopping" when prohibited means any
cessation of movement of a vehicle, whether occupied or
not, except when necessary to avoid conlfict with other
traffic or in compliance with the direction of a police
officer or official traffic-control device or signal.
K. "Street" is a way or place of whatever nature,
publicly maintained and open to the use of the public
for purposes of vehicular travel. "Street" includes
highway.
L. "Vehicle" means any passenger cars, trucks,
vans, buses, motor homes, trailers, motorcycles,
all-terrain vehicles, and boats, as well as parts and
accessories thereof, including but not limited to camper
shells, boat trailers, tires, seats, and other similar
items.
11.24.140 Parking for Purposes of Display,
Servicing or Re airing.
No person shall park a vehicle upon any roadway or
on any private property or private roadway without the
express, written permission of the owner of said
property, for the principal pupoae of:
A. Displaying such vehicle for sale; or,
B. Servicing or repairing such vehicle, except
when necessitated by an emergency.
Section 2. - Enforcement
4
Violation of this provision shall constitute an
infraction, and shall subject the .registered owner of
said vehicle to the penalties as prescribed by Chapter
1.12 of the Municipal Ordinance Code. Each day the
violation continues constitutes a new offense. This
ordinance shall not constitute the exclusive means of
enforcement of vehicles or parts thereof which have been
stored, parked, placed, or abandoned on public or
private roadways and private property within the City
limits.
The City Clerk is hereby authorized and instructed
to file a certified copy of this ordinance upon its
becoming effective with the Sheriff's Office of the
County of Santa Clara, State of California.
Section 3. - Publication.
The City Clerk shall cause this ordinance to be
published at least once in a newspaper of general
circulation published and circulated in the City within
fifteen (15) days after its passage, in accordance with
Section 36933 of the Government Code; shall certify to
the adoption of this ordinance and shall cause this
ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of
the Council of this City.
Section 4. - Effective Date.
5
' This ordinance becomes effective thirty (30) days
after its enactment,
INTRODUCED at a regular meeting of the City
Council this 9th day of December 1986, and ENACTED
at a regular meeting of the City Council this 15th day
of December 1986, by the following votes
Vote: Members of the City Council:
Ayes: Gatto, Johnson. Plungy. Rogers, Sparks
NoeB a None
Absents None
Abstains None
ATTESTS APPROVEDa
~~
C ty C1 Mayor, C ty f Cupert n~o
6