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Ordinance 2005-01 ORDINANCE NO. 2005-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 15 OF THE CITY CODE BY ADDING A NEW SECTION 15.8 PROHIBITING THE HUMAN HABIT A TION OF MOTOR VEHICLES WHEREAS, the City Council finds that this City Code amendment is necessary to protect the health, safety and welfare of the residents of Gilroy; and WHEREAS, the City Council further finds that this City Code amendment is necessary to prevent such motor vehicles being utilized as housing except in lawfully established trailer or recreational vehicle parks; and WHEREAS, the City Council is enacting this City Code amendment for the purpose of addressing issues of blight, crime, security, disorder and health and sanitation, including the disposal of noxious and harmful matter on City of Gilroy ("City") streets and parking areas open to the public. These conditions are caused by on-going and repeated habitation of motor vehicles used for human habitation without authorized connection to utility services and can result in the creation of an encampment type situation. These conditions can occur in private commercial parking areas and on public streets and parking areas within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 15 of the City Code entitled "Motor Vehicles and Traffic" is hereby amended by adding a new Section 15.8, which shall read as follows: Section 15.8. Human habitation of motor vehicles - Prohibited (a) No motor vehicle shall be connected to utilities or used for the purpose of human habitation within the City except for the same to be located and maintained within a trailer or recreational vehicle park as provided in the City's Zoning Ordinance. (b) For purposes of this section, "motor vehicle" shall mean a motor vehicle as defined by the California Vehicle Code section 415, and shall also include "recreational vehicles" as defined by the California Vehicle Code sections 242, 243,643, 415(b) and Health & Safety Code section 18010(a), which includes any travel trailer, camper, motor home or trailer, or any camper shell or boat. IJH1631516.3 01-101704-04706098 -1- Ordinance No. 2005-01 (c) For purpose of this section, "human habitation" means the use of a motor vehicle for living, cooking or sleeping purposes or as a dwelling place. (d) This section shall not apply to motor vehicles that are located and maintained within a permitted trailer or recreational vehicle park as provided in the City's Zoning Ordinance. (e) This section shall not apply to motor vehicles parked for temporary visitation purposes for a period not to exceed seventy-two (72) consecutive hours and not for more than one occasion during any thirty-day (30) period. Said motor vehicles shall not exceed eighteen (18) feet in length, shall be parked entirely on residential private property, shall be fully contained and must not require any electrical or plumbing hookups to the residential structure. (f) In the event that any motor vehicle is placed on, located or allowed to stand in any place in the City in violation of the provisions of this section, or is used for any purpose in violation of this section, a City police officer shall give the motor vehicle owner written notice of the violation and that if the illegal use of the motor vehicle is not corrected within seventy-two (72) hours, that the City police officer may impound each motor vehicle and cause the same to be taken to an approved storage facility or impound area. The expense of towing such motor vehicle to such facility or impound area and the storage of same, as herein provided, shall be paid by the person or persons owning and/or operating such motor vehicle prior to its release. (g) Any person, persons, firm or corporation violating any provisions of this section, is guilty of a misdemeanor. SECTION II If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION III This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. IJH1631516.3 01-101704-04706098 -2- Ordinance No. 2005-01 18th day of January, 2005, by the following vote: PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NONE NONE APPROVED:~ ~ lbert Pinheiro, Mayor (,~ \JH\631516.3 01-101704-04706098 -3- Ordinance No. 2005-0 I I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-01 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of January, 2005, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 27th day of January, 2005. (Seal)