HomeMy WebLinkAboutAGENDA REPORT 2004 0121 CC REG ITEM 09DTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, ATCM /City Clerk --D
January 12, 2004 (CC Meeting of 01/21/04)
SUBJECT: Consider an Ordinance Deleting Section 10.04.120, Vehicles
for Sale, of Chapter 10.04 of Title 10 of the Municipal
Code
BACKGROUND AND DISCUSSION
The City Attorney has advised that Section 10.04.120, which currently
states: "It is unlawful for any person to park any vehicle, or cause
any vehicle to be parked, on any street for the purpose of displaying
such vehicle for sale" is likely unenforceable due to the decision of
the court in Burkow v. City of Los Angeles. The City of Los Angeles
rationale for their ordinance was public safety, indicating that the
parking of the vehicles for long periods of time, as well as the
signs in the windows was a distraction to the driving public. The
decision for that case was that the City of Los Angeles ordinance
prohibiting parking of vehicles with "for sale" signs was overruled
due to an unreasonable restriction of free speech, because it only
prohibited "for sale" signs, and other signs were likely to be just
as distracting. If there is a concern about parking of vehicles at a
specific location, the City Attorney has advised that the most
defensible approach is to approve time restrictions on parking,
whether that location be a street or a public parking lot.
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading.
Attachment: Draft Ordinance
000052
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, DELETING SECTION 10.04.120,
VEHICLES FOR SALE, OF CHAPTER 10.04,
TRAFFIC CODE, OF TITLE 10, VEHICLES AND
TRAFFIC, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that an
amendment to Chapter 10.04, of Title 10, of the Moorpark
Municipal Code is appropriate to delete Section 10.04.120,
Vehicles for Sale (which section states: "It is unlawful
for any person to park any vehicle, or cause any vehicle to
be parked, on any street for the purpose of displaying such
vehicle for sale "), due to the finding of the court in
Burkow v. City of Los Angeles, pertaining to protection of
free speech rights.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.04 of Title 10, of the Moorpark
Municipal Code is hereby revised by deleting Section
10.04.120 in its entirety.
SECTION 2. If any section, subsection, sentence,
clause, phrase, part or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this
Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, subsection,
sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions
be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective
thirty (30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the
passage and adoption of this Ordinance; shall enter the
same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the
records of the proceedings of the City Council at which the
same is passed and adopted; and shall, within fifteen (15)
days after the passage and adoption thereof, cause the same
000053
Ordinance No.
Page 2
to be published once in the Moorpark Star, a weekly
newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and
which is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
0000' 4