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Ordinance 1999-20ORDINANCE NO. 99-20 AN 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: \KHIV[456219.01 914191504706002 ORDiNANCE NO. 99-20 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sale and on repairing vehicles parked on city streets", a copy of which is attached hereto as Exhibit "A", is hereby repealed.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 unlawful 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 M1, M2 (Industrial), PO (Professional Office), C1 (Neighborhood Commemial), 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 goveming removal of vehicles parking for the primary purpose of sale may be applied in enforcing this section." ~KHM~456219.01 91-091504706002 ORDINANCE NO. 99-20 SECTION III 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 ttfis 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. SECTION IV: This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 4th day of October, 1999, by the following votes: AYE S: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBER: NOES: ABSENT: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE NONE ATTEST: Rhonda Pellin, City Clerk APPROVED: \KHM~456219.01 91-091504706002 ORDINANCE NO. 99-20 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-20 is an original ordinance, duly adopted by the Council of the City of C_filroy at a regular meeting of said Council held on the 4th day of October, 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 7th day of October, 1999. City Clerk of the City of Gilroy (Seal)