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Ordinance Number 962ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.325 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE RESTRICTIONS. The City Council of the City of San .Juan Capistrano, California, DOES HEREBY ORDAIN as follows: SECTION 1. Section 4-6.325 of the San Juan Capistrano Municipal Code is hereby amended to read as follows: Sec. 4-6.325. Oversized vehicle parking restrictions. (a) No person shall park and leave standing upon any public street or highway within the City of San Juan Capistrano any motor vehicle or combination of vehicles in excess of twenty-five (25) feet in length, or having a width in excess of ninety (90) inches as measured at the widest portion of the body, not including mirrors or other extensions, or a weight in excess of ten thousand pounds. (b) Prohibited vehicles may be parked on public streets or highway when such vehicle is parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked; or to perform repairs of an emergency nature on the motor vehicle itself, for a maximum of twelve (12) hours. (c) Prohibited vehicles may be parked on public streets, or highway while loading or unloading persons and/or property. Loading or unloading as used in this section shall mean active loading or unloading, including the performance of those activities required to prepare the vehicle for either travel or storage, and shall not exceed a period of two (2) hours during which the vehicle cannot reasonably be taken on the road or moved to a place of otherwise lawful storage. (d) Recreational Vehicles (RV), as defined by Section 18010 of the Health and Safety Code, may be issued an RV Temporary Parking Permit allowing up to forty-eight (48) hours of parking within three hundred (300) feet of the address at which the RV Temporary Parking Permit was issued. A maximum of twelve (12) round-trip Temporary RV Parking Permits may be issued per residential address per calendar year. For the purposes of this subsection, a round-trip RV Temporary Parking Permit shall mean one forty-eight (48) hour permit for loading of the RV and one forty-eight (48) hour permit for unloading of the RV. An RV Temporary Parking Permit may be obtained free of charge by contacting the Orange County Sheriffs Department at the San Juan Capistrano Police Services Office by providing the following information: the date and time of the on -street parking for the purposes of loading will begin; the date and time of the on - street parking for the purposes of unloading will begin; the name and address of the U person requesting the RV Temporary Parking Permit; a description of the RV. An RV Temporary Parking Permit may be revoked upon violation of any other section of the California Vehicle Code or San Juan Capistrano Municipal Code. The provisions of this section shall not apply to Commercial Vehicles as defined by Section 260 of the California Vehicle Code. SECTION 2. Effective Date. The regulations adopted by this ordinance shall not apply to construction for which a valid permit has been issued as of the effective date of this ordinance. SECTION 3. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 4. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 15S py of December, 2009. ATTEST: MARIA MORRIS, CIT CLE ,k DR. LQNDRES USb—, MkkYOR 2 0962 STATE OF CALIFORNIA } COUNTY OF ORANGE )Ss. CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 962 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 17th day of November 2009 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 15t day of December 2009 by the following vote, to wit: AYES: COUNCIL MEMBERS: Alievato, Hribar, Nielsen, Freese, and Mayor Uso NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MARIA MORR S%- ity Clerk STATE OF CALIFORNIA COUNTY OF ORANGE j ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 18th day of November 2009, at least 5 days prior to December 1, 2009, the date of adoption of the ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.325 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE RESTRICTIONS MARIA'MORRIS`CITY CLERK San Juan Capistrano, California 3 0962 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO j I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified Acting City Clerk of the City of San Juan Capistrano, That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 3`d day of December 2009 l caused to be posted, in the City Clerk's office, a certified copy of Ordinance No. 962, adopted by the City Council on December 1, 2009 entitled: AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 4-6.325 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE RESTRICTIONS MARIA MORRIS, GITY CLERK San Juan Capistrano, California 4 0 962