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Ordinance 19-03ORDINANCE.1=03 AN ORDINANCEOFTHE CITY COU CIL OF THE CITY OF EASTVALE AMENDINu TITLE 10 CHAPTER 10.20 (COMMERuIAL VEHICLES) OF THE EASTVALE MUNICIPAL CODE PROHIBITINGA Iti, STAN INS► OR STvPPING vF q-vMMERCIAL VEHICLES vv r EAS, California Vehicle Code section 21 provides that a local authority Shall not enact or enforce any ordinance covered by the vehicle Code unless expressly authorized b., said Code` and _ WHEREAS, Vehicle Code sections 22507, 22507.5 and case law such as Horses on Wheels v. Chy of Santa Barbara (2004) 119 Cal.App.4`h 1173, confirm the City's authority to restrict purki„ g of vehicles on certain streets, during all or cc,tain hours of the day, including but not timitea to, ®etween ine hours of ca.m. and 6 a.m.; and WHEREAS, venic,e Cone section zL507 authorizes local authorities to prohibit Ur restrict the sopping, parking or standing of any type of vehicle on certain streets during an or certain nours Of the day when signs or markings giving adequate no4ice have been placed; and WHEREAS, Lhc City Council desires to amend Section 10.20.160 to prohibit the parking, standing or stopping of commercial vehicles citywide on public streets because these types of vehicles cause safety isauc3 by obstructing lines of sight, limiting manvuvcrability, and reducing the time drivers have to react to traritc, peoes[rians anti potential hazards. NOW, T EREFOmn, ine City Council of the City or rastvaie ordains as follows: SECTION 1. AMENDMENT QFCHAPTER 10.20, CTItr 0.c0.b0 lCOMMERtAAL VEHICLES). Sectiun 10.20.160, subsection (a) of the Eastvale Municipal Code i5 hereby amended to read as follo—..s: " too person shall i,ark or leave standin., a comma, -sial vehicle having a manufacturer's gross vehicle weight rating of more than lv,VUV pounds, or an, commercial trailer or semitrailer regardless of weight, on any public street or highway within the city." SECTION 2. SEVERABILITY. If any seUdUll, subsection, subdivision, sentence, clause; phrase, or portion or this Otdiva„ce is, fur any reason, held to be invalid or unconstitutional by the decision of arty court of competent jurisdiction, such decision shall nut affect the validity of the remai"i,tg puitions of this Ordinance.. The City Council hereby declares that it would have'.doptcd this Ordinance, and each section_ subsection, suc)aivision, sentence, clause, pnrase; or r,ortion thereof, irrespurtivc of the fact that any one or more sections, subsections, subdivisions,- sentences, clauses, pnrases, or po, Lions thereof be declared invalid or uncunstitUtional. RIV #4851-SA39-9881 vl SECTION 3. EFF uTIVE DATE. This Ordinance shall take effect thirty 30 days from its passage by the City Coutici1. SECTION . PUBLICATION. The City Clcak i3 authorized and directed to cause this Ordinance to be published wi►hin Kneen 115, daxs after its passa,,e in a ncwspaper of general circulation and circulated within the City in accordance with Government Coae erection 35933�a) or, to cause thia Ordinance to be published in the ,tanner required by law using the Arernative summary anu posting procedure authorized under Government Code Section 36933c). rHSSli,=APPROVED AND ORDAINED this 27'h day of March, 2019. TWRigby 4 Mayor APPROVED AS TO FORM: ATTEST: ,E Erica Vega Stepha is Vasquez City Attorney Acting Assiawut City Clerk RI4 #4851,5039,9981 v2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) g CITY OF EASTVNLr- 1 I, Stephanie Vasquez, AcriL'g Assis`anL City Clerk of Lhe City of Easlvale. California, do hereby certify that the furugoing Ordinance No. 19-03, was introduced at a regular meeting of the CiLy Council of the Cit., of Eastvalc: huld on thv 13 _ `h day of March, 2019, and was passed by the City Council of Lhe City of r-astvaie at a regu,ar meeting held on the 27`h day of March, 2019, by the following vole: AYES: Council Members Tessari, Lurimurc, Yow, Mayor Pru Term PIoLL and Mayor Rigby NOES: ABSENT: HtsS i AiN: pa nie Step VasyueG Acting Assistant City Clerk