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Ord 624 Corrected April 8, 2808 ORDINANCE NO 624 AN ORDINANCE OF THECITY OF POWAY, CALIFORNIA, ADDING CHAPTER 12.26 TO THE POWAY MUNICIPAL CODE TO RESTRICT AUTOMOBILE DEALERSHIPS FROM THE USE OF STREETS FOR VEHICLE DELIVERY WHEREAS, transport trucks that load or unload automobiles, trucks, or other vehicles on public streets for delivery to, or shipment from, auto dealerships block traffic and create traffic hazards which endanger the health and safety of the motoring public and pedestrians; and WHEREAS, automobile dealerships are commercial operations which, except as otherwise authorized by law, are required by Title 17 of the Poway Municipal Code to confine their commercial activities to private property zoned for commercial activity; and WHEREAS, it is not reasonably necessary for automobile dealerships to accept delivery of vehicles from automobile transport trucks, or to authorize the loading of vehicles onto such trucks, while stopped or parked on a City street because the City of Poway owns and provides a lot within the City to automobile dealerships as a place to load, unload, and store vehicles, and WHEREAS, the City purchased the lot, caused improvements to be made thereto, and provides the lot to the dealerships in the City for the principal purpose of eliminating the dealerships' need to load and unload vehicles in the right-of-way of City streets, and WHEREAS, several automobile dealerships in the City have formed an association and leased that lot for the purpose of eliminating street loading and unloading of vehicles, and increasing vehicle inventories within the City; and WHEREAS, loading and unloading facilities are available at that lot for all dealerships, whether or not they are members of the association, and whether they sell new or used vehicles, and WHEREAS, the General Managers of automobile dealerships control the operations on the dealership premises and have the power and authority to prohibit dealership employees from receiving onto the premises, or shipping from the premises, automobiles which have been unloaded from, or will be loaded onto, transport trucks stopped in the right-of-way of City streets, and WHEREAS, California Constitution Article XI, Section 7 authorizes the City to make and enforce within its limits all local, police, sanitary and other ordinances not in conflict with general laws Ordinance No 624 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS Section 1: Chapter 12.26 is hereby added to the Poway Municipal Code to read as follows Chapter 12.26 AUTOMOBILE DELIVERIES 12.26.010 Definitions A. For purposes of this Chapter, "automobile" means any vehicle commonly known as an automobile, car, or pickup truck. B For purposes of this Chapter, "General Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of the automobile dealership, including, but not limited to, the loading and unloading of automobiles of the dealership 12.26.020 Prohibition A. No General Manager of an automobile dealership shall allow, permit, or authorize the receipt onto the automobile dealership's premises of an automobile which has been unloaded in the right-of-way of a public or private street from a truck which has the capacity to transport more than one such automobile. B No General Manager of an automobile dealership shall allow or authorize the shipment from the automobile dealership's premises of an automobile which will be loaded in the right-of-way of a public or private street onto a truck which has the capacity to transport more than one such automobile 12.26.030 Exceptions Nothing in Section 12.26020 shall prohibit the loading or unloading of automobiles wholly within the boundaries of the privately-owned premises of an automobile dealership or wholly within the boundaries of an automobile storage lot approved by the City for such purpose Ordinance No 624 Page 3 12.26.040 Designation of General Manager Within thirty (30) days of the effective date of this Ordinance, the owner of each automobile dealership located within the city limits of the City of Poway shall file with the Code Compliance Officer of the City the name of the General Manager of the dealership, and shall, within thirty (30) days of the employment of a different General Manager thereafter, file with the Code Compliance Officer of the City the name of that General Manager 12.26.040 Violations A violation of Section 12.26 020 shall not require that the General Manager have actual knowledge of the circumstances of the loading or unloading of any particular automobile A violation of any provision of this Chapter or a failure to comply with any mandatory requirement of this Chapter is subject to prosecution in accordance with Chapters 1 08 and 1 10 of this Code and may be enforced through injunctive relief against the owner or General Manager ofthe dealership Section 2: If any portion of this Ordinance is determined to be unconstitutional or otherwise contrary to law, that portion will be severed, and the remainder will continue in full force and effect. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against it in the Powav News Chieftain, a newspaper of general circulation published in the City of Poway Ordinance No 624 Page 4 Introduced and first read at a regular meeting of the City Council of the City of Poway held this 28th day of June 2005, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 19th day of July 2005, by the following roll call vote AYES EMERY, HIGGINSON, CAFAGNA NOES NONE ABSENT BOYACK,REXFORD DISQUALIFIED' NONE ...-- ATTEST ..