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HomeMy WebLinkAboutOrd 1004-1986ORDINANCE NO; 1004-86 AN ORDINANCE REPEALING CHAPTER 8~44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 229 ENTITLED "AN ORDINANCE REGULATING THE USE OF TRAILERS OR CAMP CARS IN THE CITY OF SOUTH SAN FRANCISCO" AND ADDING CHAPTER 8.44 ENTITLED "PARKING AND ..... STORAGE OF'RECREATIONAL VEHICLESREGULATED" ...... THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 8.44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO'S. 229, 259 AND 268 REPEALED Chapter 8.44 of the South San Francisco Municipal Code and the following Ordinances are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said Chapter or Ordinances prior to the effective date of this Ordinance. ORDINANCE NO. 229 - An Ordinance Regulating the use of Trailers or Camp Cars in the City of South San Francisco. ORDINANCE NO. 259 - An Ordinance Amending Ordinance No. 229 entitled: "An Ordinance Regulating the use of Trailers or Camp Cars in the City of South San Francisco", adopted on the 19th day of July, 1943. ORDINANCE NO. 268 - An Ordinance Amending Ordinance No. 229 entitled: "An Ordinance Regulating the use of Trailers or Camp Cars in the City of South San Francisco", adopted on the 19th day of July, 1943. SECTION 2. CHAPTER 8.44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ADDED Chapter 8.44 entitled "Parking and Storage of Recreational Vehicles Regulated" is hereby added to the South San Francisco Municipal Code, and shall read as fol 1 ows: Secti ons: "Chapter 8;44 PARKING AND STORAGE OF RECREATIONAL VEHICLES REGULATED 8.44.010 8.44.020 8.44.030 8.44.040 8.44.050 Definitions Purpose of provisions Dimensions Storage Parking on City Streets Sections: 8.44. 060 8.44.070 8.44.080 8.44.090 8.44. 100 8.44. 110 8.44. 120 8.44. 130 8.44.010 Standing in City-Sale Exception Use Restrictions Preparation of Food Restrictions Sleeping Quarters Restriction Selling or Bartering Prohibited Violations-Duty of Officers Penalty for Violations Remedies Cumulative Definitions. (a) "CAMP CAR" means a vehicle with or without motive power which is de- signed or used for human habitation and which may contain plumbing, refrigera- tion, cooking, heating, or electrical equipment, but does not include an in- stalled "mobile home" as set forth in Government Code Sections 65852.3 and 65852.7. (b) "CAMPER" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. The term "Camper" does not include a Camper Shell. (c) "CAMPER SHELL" means a structure designed to be mounted upon a motor vehicle that provides shelter from the elements but does not contain plumbing, refrigeration, cooking, heating, electrical equipment or other facilities for human habi tati on. (d) "DRIVEWAY" means an established paved path leading directly from a garage or parking facility on a lot to the street or alleyway, and used primar- ily for the ingress or egress of vehicles. The width of the driveway area shall not exceed more than one third (1/3) of the front yard width or one third (1/3) of a side yard width if on a corner lot. (e) "MOTOR HOME" means a self-contained vehicle designed for human habita- tion, with its own motive power, and with a passageway from the body of the home to the driver's front passenger seat. (f) "MULTI-USE VEHICLE" means a four (4) wheel drive vehicle, pick-up truck, mini or micro motor home, or van, twenty-three (23) feet or less in length. -2- (g) "PUBLIC STORAGE" means a facility, the purpose of which is to provide secure storage area and which has been approved by the city to operate as a public storage business with designated parking areas for outside storage of vehicles or boats. (h) "RECREATIONAL VEHICLE" means any vehicle or trailer designed, or modi- fied for use as a camp car, camper, motor home, house car, trailer, trailer coach, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer, or for any similar purpose. (i) ADOPTION OF CALIFORNIA MOTOR VEHICLE CODE DEFINITIONS - Whenever any words or phrases used in this Chapter are not defined but are defined in the California Vehicle Code and amendments thereto, such definitions shall apply. 8.44.020 .Purpose of provisions, The purpose of this Chapter is to regu- late the storage and parking of Recreational Vehicles in the City in the in- terest of public health, safety and welfare to prevent such vehicles being utilized as housing except in lawfully established trailer parks and to ame- liorate street congestion, sight blockage and aesthetic blight caused by the improper storage and parking of such vehicles. 8.44.030 Dimensions. No Recreational Vehicle which exceeds thirty-five (35) feet in length, eight (8) feet in width or thirteen feet six inches (13'6") in height may be kept in this city. 8,44~040 Storage. It shall be unlawful for any person to store or park a Recreational Vehicle, and/or Camper Shell not securely fastened to a vehicle, upon any lot or piece or parcel of land within an area zoned for residential purposes, including multiple-family areas in this City, except: (a) In a licensed trailer park or licensed public storage facility; or (b) Wholly enclosed within a structure lawfully existing on the premises; or -3- (c) Within the side or rear yard of the lot provided that the Recreational Vehicle be located no closer than three {3) feet to any exit from a building used for human habitation, that its wheels are properly blocked or locked, that it does not encroach on a public right-of-way, and that it is not stored or parked in a clear vision zone of a corner lot, and provided further that it is screened from adjacent lots by a solid non-transparent fence six (6) feet in height; or (d) Within the front yard of the lot provided that the Recreational Vehicle is located entirely within a paved Driveway, that its wheels properly blocked or locked, that it does not encroach on a public right-of-way, and that it is not parked or stored in a clear vision zone of a corner lot. 8.44.050 Parking on City Streets. (a) Notwithstanding any provisions of this section to the contrary, the parking of any Recreational Vehicle on any public street or avenue, highway, lane, alley, court or public place remains subject to regulation of parking pursuant to established city or state traffic and zoning regulations. (b) Except as provided pursuant to paragraphs {c) and (d) below, no person shall park or leave standing a Recreational Vehicle, on any street between the hours of 10:00 p.m. and 6:00 a.m. the following day. (c) Notwithstanding paragraph (b) above, a resident of a single family or two-family lot located in a residential district may park a Recreational Vehicle during the hours of 10:00 p.m. and 6:00 a.m. on a street immediately abutting a street lot line of the lot upon which such resident resides, sub- ject to the following limitations: (i) Such parking shall be for the purpose of convenient departure from or return to the lot by such resident in connection with a planned trip, outing or vacation of the resident commencing or ending the same day of such -4- parking, including any loading or unloading of persons and personal effects or for the preparation of the vehicle incidental to such departure or return; and (ii) Such parking shall in no event extend beyond twenty-four (24) consecutive hours, nor more than two (2) occasions during such hours during any seven (7) day period. (d) Notwithstanding paragraph (b) above, a resident of a single family or two family lot located in a residential district may park a Multi-use vehicle during the hours of 10:00 p.m. and 6:00 a.m. on a street immediately abutting a street lot line of the lot on which such resident resides, subject to the limitations set forth in Title 11 of this Code. 8.44.060 Standing'In City-Sale'Exception. The provisions of Section 8.44.040 shall not apply to Recreational Vehicles offered for sale by persons or corporations engaged in the business of selling Recreational Vehicles when such persons or corporations have been duly licensed by the city to sell such vehicles, and are lawfully operating in accordance with the provisions of this Code. 8.44.070 ~ 'Use Restrictions; It is unlawful to use any Recreational Vehicle for the purpose of human habitation, notwithstanding that such units have been altered in such a manner as to render them no longer useable as means for the transportation of human beings, but does not include an installed "mobile home" as set forth in Govern- ment Code Sections 65862,3 and 65852,7. 8~44;080 Preparation of Food'Restrictions. It is unlawful to use any Recreational Vehicle within the city as a place to prepare food for any purpose, but does not include an installed "mobile home" as set forth in Government Code Sections 65862.3 and 65852.7. 8~44~090 Sleeping 'Quarters'Restriction~ (a) It is unlawful to use any Recreational Vehicle for the purposes of sleep- ing quarters, notwithstanding that such units have been altered in such a manner as to render them no longer useable as means for the transportation of human beings, but does not include an installed "mobile home" as set forth in Govern- ment Code Sections 65852.3 and 65852.7. (b) Notwithstanding paragraph (a) above, a resident of a single family or two family lot located in a residential district may use a Recreational Vehicle properly stored within the front, side or rear yard of the resident's lot, for the purpose of temporary sleeping quarters, subject to the following limitations: (i) Any such Recreational Vehicle must be fully contained and must not require any electrical or plumbing hookups to the residential structure; and (ii) Such use as temporary sleeping quarters shall in no event extend beyond seventy-two (72) consecutive hours nor more than two (2) occasions during any thirty (30) day period. 8.44.100 Selling'or'Bartering Prohibited. It is unlawful to engage in or conduct the business of selling or bartering any kind of merchandise or commodity in, from, or at any Recreational Vehicle in the city unless duly licensed by the city. Any person violating the pro- visions of this Section shall be guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.24 of this Code. 8,44;110 'Violations--Duty of Officer. In the event that any Recreational Vehicle is placed on located or allowed to stand in any place in the city in violation of the provisions of this Chapter, or is used for any purpose in violation of the provisions of this Chapter, the -6- Code Enforcement Officer and/or a Police Officer of the city may at their dis- cretion impound such recreational vehicle, and cause the same to be taken to an approved storage facility or impound area. The expenses of towing such Recrea- tional Vehicle to such facility or impound area and the storage of same, as herein provided, shall be paid by the person or persons ownin§ and/or operatin§ such Recreational Vehicle prior to its release. 8.44.120 Penalty for Violations. Any person, persons, firm or corporation violatin§ any provisions of this Chapter, except Section 6.44.100, is guilty of an infraction and shall be punished as set forth in Section 36900 of the Government Code. 8.44.130 Remedies Cumulative. The remedies provided for herein shall be cumulative and not exclusive." SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 3, PUBLICATION AND EFF£CTIV£ DATE, This Ordinance shall be published once, with the names of those City Council members votin§ for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty 130) days from and after its adoption~ -7- Introduced this~14th~'day of ..... May .............. 1986 ..... Passed and adopted as an Ordinance of the City of South San Francisco at a '~ 'reqular .... meeting of the City Council of the City of South San Francisco this'28th~day of "May;'1986', by the following vote: AYES: Councilmembers Mark N.'Addiego,~John'"Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri'Teglia NOES: None ABSENT: None Ordinance this 28th day of May ' As Mayor of the City of South San Francisco, I do hereby approve the foregoing , 19 86. -8-