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
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ATTEST
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