Ordinance - 2266ORDINANCE NO.2266
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 22-
192 OF ARTICLE V (STOPPING, STANDING AND PARKING) OF
CHAPTER 22 (TRAFFIC REGULATIONS) OF THE WEST COVINA
MUNICIPAL CODE PROHIBITING THE STOPPING, PARKING, OR
STANDING OF NUISANCE VEHICLES UPON ANY STREET IN
RESIDENTIAL ZONES
WHEREAS, Article XI, Section 7 of the California Constitution grants the City of West
Covina authority to enact an enforce ordinances for the public welfare; and
WHEREAS, Vehicle Code Sections 22506 and 22507 authorize the City of West Covina to
prohibit or restrict the stopping, standing or parking of vehicles on streets,
including state highways, during all or certain hours of the day; and
WHEREAS, the City Council of the City of West Covina finds that vehicles that have
substantial exterior.body damage, exterior graffiti, or that contain visible cargo in
an open cargo storage area ("nuisance vehicles"), when stopped, parked or
standing in a residential zone are unsightly, contribute to blight, and constitute a
public nuisance; and
WHEREAS, the City Council finds that this type of public nuisance is unsightly and invites
vandalism and crime into residential areas of the City; and
WHEREAS, the City Council finds that prohibiting this type of public nuisance will decrease
residential blight and discourage vandalism and theft crimes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 22-192 (Public nuisance vehicles — Prohibited) of Article V
(Stopping, Standing and Parking) of Chapter 22 (Traffic Regulations) of the West Covina
Municipal Code is hereby repealed and replaced in its entirety with the following:
Section 22-192. Public nuisance vehicles — Prohibited
(a) For purposes of this section, the following definitions shall apply.
(1) "Graffiti" shall mean any inscription that is marked, painted, etched, scratched
or drawn, but excludes "advertising signs" as defined in California Vehicle Code
section 21100 (p)(2) and (p)(3).
(2) "Public nuisance vehicle" shall mean any vehicle that, although operable, has
substantial exterior body damage, exterior graffiti, or has an open cargo storage
area with cargo that is plainly visible to the public.
(3) "Work" shall mean any construction, maintenance, service or similar activity
that involves periodic retrieval of items from a parked vehicle near a residence.
(b) No person shall stop, park or stand any public nuisance vehicle upon any street,
alley or public way within a residential zone.
(c) The prohibition contained in subdivision (b) of this section shall not apply to the
stopping, standing or parking of public nuisance vehicles when such vehicles are
in the process of being loaded or unloaded or while performing work at a location
in a residential zone.
SECTION NO. 2: The City Council hereby finds that it can be seen with certainty that
there is no possibility the adoption and implementation of this Ordinance may have a significant
Ordinance No. 2266
Page 2
effect on the environment. The Ordinance is therefore exempt from the environmental review
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of
Title 14 of the California Code of Regulations.
SECTION NO. 3: Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for
any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
SECTION 4. This ordinance shall take effect thirty (30) days after its final passage and
within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify
to the passage and adoption of this ordinance and to its approval by the Mayor and City Council
and shall cause the same to be published or posted as required by law.
APPROVED AND ADOPTED on this 16t" day of September 2014.
ATTEST:
A
City Clerk Nckolas S. Lewis
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the. City Council on the 2"a day of September 2014. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16t" day
of September 2014 by the following vote:
AYES:
Sykes, Toma, Warshaw
NOES:
Spence
ABSENT:
Herfert
ABSTAIN:
None
APPROVED AS TO FORM:
City Attorney Kimberly Hall Barlow
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. -�2a4p was duly enacted
and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C.
36933), at the following locations:
West Covina City Clerk's Office (3ra floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted: �� ��