Ordinance Number 590I
ORDINANCE NO. 590
AMENDMENT TO TITLE 5 OF THE MUNICIPAL
CODE - PARKING ON PRIVATE PROPERTY
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 19, ENTITLED "PARKING ON
PRIVATE PROPERTY," TO TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Code Amendment.
Chapter 19, entitled "Parking on Private Property," is hereby added to Title 5,
"Public Welfare," of the San Juan Capistrano Municipal Code to read as follows:
"Chapter 19. Parking on Private Property".
"Section 5-19.01. Private Parking Prohibited/Signing.
"No person shall drive or park a motor vehicle upon land or premises where the
owner or the person occupying or having possession or the agents thereof, has posted on
such property or premises a notice in substantially the following form, and where the
permission therein referred to shall not have been granted:
"(a) A statement that parking is restricted, and to whom it applies.
"Examples:
"Parking for XXX customers only;"
"This space reserved for XXX;"
"No parking in this area;"
"Parking by permit holders only."
"(b) A statement that violators may or will be cited.
"Examples:
"Violators will be cited by the City of San Juan Capistrano
City Officials;"
"Unauthorized vehicles will be cited or towed at owner's
expense."
"(c) A reference to this Municipal Code Section.
"Examples:
"Section 5-19.01 of the San Juan Capistrano Municipal
Code;"
"Section 5-19.01 S.J.C.M.C."
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"Lettering shall be at least one inch in height on a contrasting background on a
minimum size area of 24 inches by 18 inches. If the parking area is shared by more than
one business or firm, those stalls for the private use of each shall be clearly identified."
"Nothing in this Section shall be construed as placing a requirement upon the
City of San Juan Capistrano to patrol such private property for violations, and no
enforcement action shall be taken except upon specific request by an authorized agent,
owner, or person in lawful possession or control thereof."
"Section 5-19.02. Interference With Use of Property.
"No person, without the permission of owner or person entitled to possession
thereof, shall park any motor vehicle in or upon any private property so as to interfere
with the use thereof."
"Section 5-19.03. Unlawful Parking.
"It is unlawful for any person to operate, drive or lease any vehicle in, over or
upon any private property without the express or implied permission of the owner
thereof, the person entitled to possession thereof for the time being, or the authorized
agent of either. The provisions of this Section shall not apply to public or private parking
lots."
"Section 5-19.04. Removal of Vehicles.
"Any enforcement officer employed by the City of San Juan Capistrano, the
owner of any private property, the person entitled to possession thereof for the time
being, or the authorized agent of either, may remove or cause to be removed any vehicle
parked or left standing on private property in violation of provisions of Section 5-19.01 of
this Title."
"Section 5-19.05. Liability for Wrongful Removal of Vehicles.
"If a vehicle removed from such private property was rightfullythere, the person
who complained of the presence of such vehicle and/or the person (other than the
employees of the City of San Juan Capistrano) who caused such vehicle to be removed,
shall be liable for any and all charges for towing and for caring for and keeping safe such
vehicle."
"Section 5-19.06. Advertising Vehicles for Sale on Private
Property Prohibited.
"It is unlawful for any person to advertise a vehicle for sale while left on
private property without the consent of the property owner or other person legally in
control of the property."
passage.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
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SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 6th day of January ,
1987.
ENNETH E. FRIESS, MAY R
ATTEST:
C TY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 590 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on December 16th , 1986, and adopted at
a meeting held on January 6th , 1987, by the following vote:
AYES: Councilmen Schwartze, Bland, and Mayor Friess
NOES: None
ABSENT: Councilmen Buchheim and Hausdorfer
(SEAL)
MARY ANN H O ER, CITY CLERK
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