Ordinance 1995-06ORDINANCE NO. 95 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 15.113 OF THE
GILROY MUNICIPAL CODE RELATING TO STORAGE OF
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLES ON PRIVATE PROPERTY
WHEREAS, Article IX of Chapter 15 of the Gilroy Municipal
Code regulates the use and storage of abandoned, wrecked, disman-
tled, or inoperative motor vehicles or parts thereof; and,
WHEREAS, Section 15.113 and Section 15.120 of the Code
each regulate the parking, storage, abandonment or leaving of
abandoned, wrecked, dismantled, or inoperative motor vehicles or
parts thereof; and,
WHEREAS, Each Section contains an exception from its ban
for the operation of certain licensed businesses dealing in such
vehicles or parts thereof; and,
WHEREAS, Although the exception language in the two
Sections is slightly differently worded, the City Council declares
and finds that the intent of both Sections is the same and that the
exception language is best stated in the wording of Section 15.120,
and thus desires to amend Section 15.113 to remove any possible
ambiguity of interpretation by conforming the exception language
in Section 15.113 with that in Section 15.120; and,
WHEREAS, The City Council declares that this amendment
is for the purpose of resolving any possible ambiguity of interpre-
tation only, is declaratory of existing law, and does not consti-
tute a substantive change in the meaning of Section 15.113;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 15.113 of the Gilroy Municipal Code is hereby
amended to read as follows, with added text indicated by underline
and deleted text indicate by strike - through:
ORDINANCE NO. 95 -6 -1-
Sec. 15. 113
Storage of abandoned, wrecked, dismantled or
inoperative vehicles on private property prohibited.
No person shall park, store, leave or permit the
parking, storing, or leaving of any vehicle or part
thereof which is in a wrecked, dismantled, inoperative,
or abandoned condition upon any private or public
property within the city for a period in excess of seven
(7) days. This article shall not apply to (1) a vehicle
or part thereof which is completely enclosed within a
fence or building in a lawful manner where it is not
plainly visible from the street or other public or
private property or (2) a vehicle or part thereof which
is stored or parked in a lawful manner on private
property in connection with the business of a licensed
dismantler, licensed vehicle dealer, licensed junkyard
or other similar duly licensed business conducted
pursuant to law when such parking or storing of vehicles
or parts thereof is necessary to the operation of the
business; provided, however, that this exception shall
not authorize the maintenance of a public or private
nuisance as defined under other provisions of law. This
article is not the exclusive regulation of abandoned,
wrecked, dismantled or inoperative vehicles within the
city. It shall supplement and be in addition to the
other regulatory codes, statutes, and ordinances hereto-
fore or hereafter enacted by the city, the state, or any
other legal entity or agency having jurisdiction.
SECTION II
This Council finds the subject ordinance amendment is
not subject to environmental review under the California Environ-
mental Quality Act because it is not a "project" within the meaning
of that Act.
SECTION III
This ordinance shall take effect and be in full force
thirty (30) days from and after its final adoption and approval.
PASSED AND ADOPTED this 6th day of March, 1995 by the
following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
None.
None.
APPROVED:
Donald F. Gage, MY o
ATTE
Susanne E. Steinmetz, City C k
\013 \182444.1
54- 021504706002
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -6 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 6th day of March 19 95,
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 25th day of April
19 95
City Clerk of the City of ZG'ilroy
(Seal)