Ordinance 1999-19 ORDINANCE NO. 99-19
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GILROY AMENDING CHAPTER 15 OF
THE GILROY CITY CODE REGARDING PARKING OF
VEHICLES FOR SALE
WHEREAS, the parking of vehicles along public streets, arterials, and expressways for
the primary purpose of sale has increased within the City over the past several years; and
WHEREAS, streets, arterials, and expressways within the City, because they are heavily
traveled and highly visible to the public, have become defacto automotive "sales lots" attracting
sellers and buyers from throughout the area; and
WHEREAS, the parking of vehicles on streets, arterials, and expressways for the primary
purpose of sale creates an increase in pedestrians in lanes intended for vehicle travel; and
WHEREAS, the parking of vehicles on streets, arterials, and expressways for the primary
purpose of sale has increased traffic congestion in certain areas, and has created traffic hazards
due to vehicles slowing or stopping near the vehicles "for sale"; and
WHEREAS, the City Council has determined that the parking of vehicles for the primary
purpose of sale on streets, arterials, and expressways within the City of Gilroy poses a hazard to
the public health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
~Hrv~456152.01
98-091504706002 ORDINANCE NO. 99-19
SECTION I
That existing Chapter 15, Section 15.53 of the Gilroy City Code, entitled "Restrictions on
displaying vehicles for sale and on repairing vehicles parked on city streets", a copy of which is
attached hereto as Exhibit "A", is hereby repealed.
SECTION II
That a new Chapter 15, Section 15.53 entitled "Restrictions on displaying vehicles for
sale and on repairing vehicles parked on city streets" is hereby added to the Gilroy City Code to
read as follows:
"Sec. 15.53 Restrictions on displaying vehicles for sale and on repairing vehicles parked
on city streets.
(1) It is tmlawful for any person to park a vehicle upon any street or the right-
of-way of any street within the City in any area classified according to the Gilroy
zoning ordinance with the zoning designations MI, M2 (Industrial), PO
(Professional Office), C1 (Neighborhood Commercial), C2 (Central Commercial),
C3 (Shopping Center Commercial) or CM (Commercial Industrial), or upon any
arterial or expressway, or the right-of-way of any arterial or expressway, within
the City as identified in the City General Plan, for the purpose of displaying such
vehicle for sale.
(2) It is unlawful for any person to grease, maintain, or repair a vehicle while
such vehicle is parked on any city street, except when such repair is necessitated
by an emergency.
(3) The provisions of the California Vehicle Code governing removal of vehicles
parking for the primary purpose of sale may be applied in enforcing this section."
\KHM~A56 ~52.01
984)91504706002 OPJ~INANC E NO. 99-19
SECTION III
This ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby declared
by the City Council to be necessary as an emergency measure and shall take effect immediately and
be in full force and effect after its adoption and approval because the City Council has found that
the parking of vehicles for sale on said streets, arterials, and expressways presents an imminent
threat to the general public health, safety and welfare because of traffic congestion and pedestrians
entering into the lanes intended for vehicular traffic; and, it is in the public's interest to immediately
put an end to such activity so as to avoid any type of pedestrian/vehicle incident.
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\KHM~A56152.01
984)91504706002 ORDINANCE NO. 99-19
SECTION IV
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional, such decision shall not affect the validity of the other remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
PASSED AND ADOPTED this 20th day of September, 1999, by the following votes:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBER:
ARELLANO, GI]VFORD, MORALES,
ROWLISON, SPRINGER, SUDOL,
GILROY
NONE
NONE
APPROVED:
K. A. Mike Gilroy, Mayor
ATTEST:
'- 'ty C1
Rhonda Pelhn, C1 erk
\KH~45615Z01
98-091504706002 ORDINANCE NO. 99-19
EXHIBIT A
Sec. 15.52. In p~r;,--,y~
No person ahall ~p, s~.u4 or p~k a vel~cle w~ehi~ any
(Or& No. 4~0, § 42)
In the event a h/ch--;/nduc~ ~ ¢2) or m~e aelrar~e raaci-
ways ~,/ tr~d~c i~ res~/~ to one .d/.-ec//m~ upon ~y
Su~. No.
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-19 is an original ordinance, duly adopted by the Council of the City of CAlroy at
a regular meeting of said Council held on the 20th day of September, 1999, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 22nd day of September, 1999.
(Seal)