Ordinance 1999-16ORDINANCE NO. 99-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING CHAPTER 15 OF THE GILROY CITY
CODE REGARDING HUMAN HABITATION OF VEHICLES,
PARKING OF OVERSIZED VEHICLES AND SPECIAL
MOBILE EQUIPMENT, AND TICKETING ILLEGALLY
PARKED VEHICLES
WHEREAS, the human habitation of vehicles is a public health and safety concern to the
conm~unity; and
WHEREAS, oversized vehicles and special mobile equipment parked on public and
private streets, public off-street parking lots, and other public property can impair the visibility of
stop signs and traffic control devices; and
WHEREAS, oversized vehicles and special mobile equipment parked on public and
private streets, public off-street parking lots, and other public property can impair the visibility of
vehicles exiting driveways and pedestrians crossing the street and/or a parking lot; and
WHEREAS, impaired visibility caused by oversized vehicles and special mobile
equipment creates sight distance safety concerns which constitute a hazard to the safety and
welfare of the conm~unity; and
WHEREAS, the California Vehicle Code provisions relating to citing vehicles for
parking illegally has been amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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98-091504706002 ORDiNANCE NO. 99-16
SECTION I
That Chapter 15, Section 15.8 entitled "Human Habitation of Vehicle- Prohibited" is
hereby added to the Gilroy City Code to read as follows:
"15.8
Human Habitation of Vehicle- Prohibited
No person shall use, occupy, or permit the use or occupancy of any vehicle for the
purpose of human habitation on any street, alley, publicly owned parking lot, or
any other public property. For the purposes of this section, "human habitation"
means the use of a vehicle for a dwelling place and does not include temporary
use of a vehicle for alleviation of sickness or due to physical inability to operate
the vehicle, when that temporary use is required because the sickness or physical
inability to operate occurred when the person was in the vehicle."
SECTION II
That Chapter 15, Section 15.62 entitled "Oversized Vehicles and Special Mobile
Equipment- Parking Prohibited" is hereby added to the Gilroy City Code to read as follows:
"15.62
Oversized Vehicles and Special Mobile Equipment- Parking Prohibited
a) It shall be unlawful for any person to park an oversized vehicle or special
mobile equipment on any public or private street, public off-street parking lot,
or any other public property, except for a maximum of forty-eight (48)
consecutive hours for loading, unloading, cleaning, and routine maintenance
and repair, or in conjunction with a permitted construction project. The forty-
eight (48) hour exception period shall not occur more than once in any
fourteen (14) day period.
b) For the purpose of this section, the term "oversized vehicle" shall mcan any
vehicle or combination of vehicles that exceeds twenty-two (22) feet in length,
or seven (7) feet in height (including any load or accessory thereon), or seven
(7) feet in width, exclusive of any projecting lights or devices allowed by the
provisions of thc California Vehicle Code.
c) For the purpose of this section, the term "special mobile equipment" shall
include, but is not limited to, ditch-digging appara~s, asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck tractors, leveling
graders, finishing machines, motor graders, road rollers, scarifiers, earth
moving carryalls, scrapers, power shovels, draglines, self-propelled cranes and
earth-moving vehicles.
d) Oversized vehicles or special mobile equipment found in violation of this
section may bc cited by any sworn peace officer or any regularly employed
and salaried City employee who is engaged in directing traffic or enforcing
parking laws and regulations. The provisions of the California Vehicle Code
governing liability for vehicles cited shall be applicable in determining
responsibility £or such citation."
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98-091504706002 ORDINANCE NO. 99-16
SECTION III
That Chapter 15, Section 15.80 of the Gilroy City Code entitled, "Maximum length of
vehicles" is hereby repealed.
SECTION IV
That existing Chapter 15, Section 15.99-3 of the Gilroy City Code, entitled "Ticketing
illegally parked vehicles" is hereby repealed.
SECTION V
That a new Chapter 15, Section 15.99-3 entitled "Ticketing illegally parked vehicles" is
hereby added to the Gilroy City Code to read as follows:
"15.99-3. Ticketing illegally parked vehicles.
Any sworn peace officer or any regularly employed and salaried City employee
who is engaged in directing traffic or enforcing parking laws and regulations may
issue a citation to any person who parked a motor vehicle in violation of section
15.99-2. The provisions of the California Vehicle Code governing liability for
vehicles cited shall be applicable in determining responsibility for such citation."
SECTION VI
If any section, subsection, subdivision, sentence, clause, or phrase of this Division is for
any reason held to be unconstitutional or othep~vise void or invalid, by any court of competent
jurisdiction the validity of the remaining portion of this Division shall not be affected thereby.
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98-091504706002 ORDiNANCE NO. 99- I 6
SECTION VII
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 20th day of September, 1999, by the following votes:
AYES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBER:
NOES:
ABSENT:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL,
GILROY
NONE
NONE
APPROVED:
I~. A. Mike Gilroy, Iglayor ~
ATTEST:
Rhonda Pellin, City Clerk
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98-091504706002 ORDINANCE NO. 99-16
1, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-16 is an original ordinance, duly adopted by the Council of the City of Cfilroy at
a regular meeting of said Council held on the 20th day of September, 1999, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 22nd day of September, 1999.
City'Clerk of the City of Gilroy
(Seal)