City Nuisance Ordanance

[John E]

What is the name of your state (only U.S. law)?
California
City is repealing its currant Ord.
In its place a new ord. with many restrictions.
Some are questionable in my mind. ----- " Parking spaces required by the ---City Municipal Code, including the -----City Zoning Code, that are not maintained in such a manner that said spaces are continuously free, accessable, and available for vehicle parking without the movement of real or personal property."
I believe this language is aimed at restricting RV's from parking in a driveway such as a trailer or boat.
Another is ------- " Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored on any unpaved surface within the front yard setback of any real property."
This one I think is stating that RV's are permited in the front yard setback as long as it is on a paved area. Which I think is contrary to other Zoning in the City.
Your thoughts on these.
Thanks John

 

[FlyingRon]

It's hard to tell since you posted only fragments and either your city employs illiterates to draft the ordinances or you mistyped them.

What city is this?

Do you a a link to the actual text?

 

[John E]

Nuisance Ord.

City is Temple City.
As for proposed langueage in items in quotation, they are numbered 24; 25, etc. So do you have an opinion as to legality. Thanks for any help.

 

[Zigner]

City is Temple City.
As for proposed langueage in items in quotation, they are numbered 24; 25, etc. So do you have an opinion as to legality. Thanks for any help.

Either post the FULL text, or post a link.

 

[tranquility]

Knock yourself out:

http://www.templecity.us/Agenda Items/2011/11-15-11/9C Ord No 1-950 Public Nuisance Regulations.pdf

Cut and paste edit:

4231 Prohibited Public Nuisance Conditions
The City Council finds and declares that, notwithstanding any other provision of
the municipal code, it is a public nuisance and unlawful for any person to allow, cause,
create, maintain, or suffer, or permit others to cause, create, or maintain the following:
A. Any real property or premises in the City in such a manner that any one or
more of the following conditions are found to exist thereon:

...

24. Parking spaces required by the Temple City Municipal Code,
including the Temple City Zoning Code, that are not maintained in such a manner that
said spaces are continuously free, accessible, and available for vehicle parking without
the movement of real or personal property.
25. Abandoned, dismantled, inoperable or wrecked boats, campers,
motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored
inside of a completely enclosed, lawfully constructed building or structure.
26. Commercial vehicles or equipment placed, parked, or stored on any
private real property that is located within a residential zone of the City or any other
private real property used for residential purposes, except when the commercial vehicle
is parked in connection with, and in the aid of, the performance of a service to or on the
private real property where it is parked until such service is completed.
27. Vehicles, construction equipment, or other machinery exceeding
the permissible gross vehicle weight for the streets or public property upon which they
are located. A nuisance also exists under this provision when a vehicle, construction
equipment, or other machinery is stopped, kept, placed, parked, or stored on private
real property and when such vehicle, equipment, or machinery exceeds the permissible
gross vehicle weight for the streets or public property that were utilized in its placement
on said private real property unless pursuant to a valid permit issued by the City.
28. Any equipment, machinery, or vehicle of any type or description
that is designed, used, or maintained for construction-type activities that is kept, parked,
placed, or stored on public or private real property except when such item is being used
during excavation, construction, or demolition operations at the site where said
equipment, machinery, or vehicle is located pursuant to an active permit issued by the
City.

 

[HighwayMan]

Our opinion of the legality of the statutes is irrelevant.

It will not help you fight a ticket in court.

 

[HighwayMan]

What is the OP's specific issue with said ordinance?

 

[FlyingRon]

Nothing in tranq's posting seems to resemble the gobbledygook the original poster provided. I can't decipher what the poster's ordinance says due to countless omitted and mistyped sections. But there is nothing similar in the stuff tranq pulled off.

 

[tranquility]

Since I did an exact search with a quoted portion in the OPs post to find the council report, I suspect there may be some similarities.

 

[John E]

City Nuisance Ordana

Another question regarding the nuisance position being considered by the City. It appears that they want to restrict the use that is granted by the zoning code by imposing the restriction of having the required parking space
continuously available without movement of personal property or real property. So is it legal for them to impose a restriction on a Zoning matter without a public notice and hearing.?[/B] And if in the event it is.
Is it legal for them to single out one class of vehicle the RV. while cars are
permited to block the path in the same maner.

 

[John E]

Knock yourself out:

http://www.templecity.us/Agenda Items/2011/11-15-11/9C Ord No 1-950 Public Nuisance Regulations.pdf

Cut and paste edit: Tranq, thanks for looking up the agenda, I was not aware I could do that.
Position #26 on the rev. copy I have requires "that said spaces are continuously fre, accessable, and available for vehicle parking without the movement of real or personal property"
Since a car is personal property and if allowed to park in front of a garage
making the garage inaccessable this would be a public nuisance, and if the
City allows this and does not allow a vehicle such as a trailer to park in front
of a garage, I think this is discrimination. In (peeple vs. Goodspeed ) " This
exercise of police power must not be arbitrary or discriminatory nor overboard."
What do you think, is there any other case that is similar.

 

[HighwayMan]

Again, what is your specific issue with the ordinance? What is it that you want to do that you think is illegal?

 

[John E]

Sorry for the late reply, we had high winds that took out power and web access.

My thought is that the city should not be able to take our rights to our property without just compensation.

Item #24 under the 2nd Quote that Tranq posted on 11-29

The city needs to treat all residents equally and not discriminate by restricting
RV's on a driveway while allowing other vehicles such as automobles to park
on the driveway; as well as other forms of personal property that the resident may own.

Am I off base or is there legal aspects I can use to argue that the proper way for the city to act is to allow all vehicles to have the same access.

 

[Captian Picard]

Normally a PUBLIC NUISANCE must create an actual hazard .... I don't know if one can simply make up a new definition for the purposes of passing a local ordinance...perhaps, perhaps not.

I don't see any of the sections actually being a "public nuisance" in the strict sense.

 

[HighwayMan]

Normally a PUBLIC NUISANCE must create an actual hazard ....

And where do you get THAT definition from?