HomeMy WebLinkAboutTC Ord 2012-08-15ORDINANCE NO. 540 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE VI,
CHAPTER 23 OF THE TIBURON MUNICIPAL CODE
(MOTOR VEHICLES AND TRAFFIC)
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town Council has held a public hearing on August 1, 2012, and has heard and
considered any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other adopted
ordinances and regulations of the Town of Tiburon.
E. The Town Council finds that this is not a "project" as defined by the California
Environmental Quality Act.
Section 2. Amendment to Title VI, Chapter 23, Section 23-36.
Title VI, Chapter 23, Section 23-26 of the Tiburon Municipal Code is amended to read as
follows:
23-36 UNLAWFUL PARKING - PEDDLERS, VENDORS
(a) No person shall stand or park any vehicle, wagon, pushcart, or any
other means of transport (including lunch wagons or eating cars) from which
goods, wares, merchandise or food are offered for sale, barter or exchange
(collectively, "Mobile Vendor"), on any portion of any street within the
town except as expressly allowed by this section.
(b) Subject to the exceptions set for in subsection 23-36(c), a Mobile
Vendor may stand or park at the request of a bona fide purchaser for a period
Town of Tiburon Ordinance No. 540 N.S. Effective 09/14/2012 Page 1
of time not to exceed ten minutes at any one place. The driver of any Mobile
Vendor making this type of stop shall bring the vehicle to a complete stop
and park adjacent to the curb as required by Vehicle Code section 22455.
The provision of this subsection shall not apply to persons delivering such
articles upon order of, or by agreement with a customer from a store or other
fixed place of business or distribution.
(c) No person shall stand or park any Mobile Vendor from which
consumable goods, wares, merchandise or food are offered for sale, barter or
exchange, on any of the following portions of any street between the hours
of 7:00 AM and 5:00 PM on any weekday:
(1) Karen Way in its entirety
(2) Corte San Fernando in its entirety
(3) Corte Palos Verdes in its entirety
(4) Corte Las Casas in its entirety
(5) Reed Ranch Road between Corte Las Casas and Via
Capistrano
(6) Blackfield Drive between Reedland Woods Way and Via
Capistrano
(7) Claire Way in its entirety
(8) Leland Way in its entirety
(9) Kleinert Way in its entirety
(10) Ned's Way in its entirety
(11) Lyford Drive between Tiburon Boulevard and Roundhill
Road
(12) Tiburon Boulevard between Mar West Street and Ned's Way
(13) Rock Hill Road between Tiburon Boulevard and Delmar
Drive
(14) Hawthorne Drive in its entirety
(15) Hilary Drive between Maravista Court and its southerly end
at the St. Hilary Church gated entrance
(16) Hilary Drive from the intersection of Theresa Court to its end
northwest of Howard Drive
(17) Howard Drive between Hilary Drive and Rowley Circle
(18) Rowley Circle in its entirety
Town of Tiburon Ordinance No. 540 N.S. Effective 09/14/2012 Page 2
(19) Avenida Miraflores between Tiburon Blvd. and Francisco
Vista Court
(20) Pine Terrace in its entirety
(21) Felipa Court in its entirety
(22) Tiburon Boulevard between McCart Court and the north end
of the Golden Gate Transit bus stop located approximately
300 feet north of Avenida Miraflores.
(d) No person shall park or stand any vehicle or other means of transport
used or intended to be used in transportation of property for hire on any
street while awaiting patronage for such vehicle without first obtaining a
written permit to do so from the town traffic engineer which shall designate
the specific location where such vehicle may stand. Such permits may be
revoked for cause, including parking in unauthorized locations, by the town
traffic engineer.
Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of
the ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on August 1, 2012, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on August 15, 2012, which was noticed pursuant to
relevant sections of the California Government Code, by the following vote:
AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
Town of Tiburon Ordinance No. 540 N.S. Effective 09/14/2012 Page 3
ABSENT: COUNCILMEMBERS: None
JIM
TO
ATTEST;,
i
DIANE CRANE I,~COPI, TOWN CLERK
ER MAY
OF TIBURON
Town of Tiburon Ordinance No. 540 N.S. Effective 09/14/2012 Page 4