La Quinta Municipal Code Ch. 11.80 Vehicle Control

Footnotes:

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Prior ordinance history—Ord. 10, 1982.

As used in this chapter the following terms shall have the meanings indicated:

"Abandoned vehicle" means a vehicle that is wrecked, dismantled or otherwise inoperative which is parked, stored, or left standing in public view upon a private or public property. A presumption of abandonment shall arise when a vehicle is located in public view within a residential zone in an area not specifically designed for vehicular parking. Areas not specifically designed for vehicular parking in residential zones shall include, but are not limited to front and side yards and unpaved areas.

"Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalks which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy.

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

"Motorcycle" means any motor vehicle other than a tractor having a seat or saddle for use of the rider and designed to travel on not more than three (3) wheels in contact with the ground and weighing less than one thousand five hundred (1,500) pounds, except that four (4) wheels may be in contact with the ground when two (2) of the wheels are a functional part of a sidecar.

"Motor-driven cycle" means any motorcycle, including a motor scooter, with a motor which produces less than fifteen (15) gross brake horsepower, and every bicycle with a motor attached, but does not include a motorized bicycle.

"Motor home" means a vehicular unit built on, or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.

"Motorized bicycle" or "moped" means any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or have no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than two (2) gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.

"Motor vehicle" means a vehicle which is self-propelled.

"Off-highway motor vehicle" means a motor vehicle operated off the highways, including, but not limited to:

1. Any motorcycle or motor-driven cycle;

2. Any snowmobile or other device designed to travel over snow or ice;

3. Any motor vehicle commonly referred to as a sandbuggy, dune buggy, or all-terrain vehicle; and

4. Any motor vehicle commonly referred to as a jeep.

"Owner of the land" means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll.

"Owner of the vehicle" means the last registered owner or legal owner of the vehicle.

"Park trailer" means a trailer coach, designed for human habitation for recreational or seasonal use only which meets all of the following criteria:

1. It contains four hundred (400) square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve (12) feet in width or forty (40) feet in length in the traveling mode;

2. It is built on a single chassis;

3. It may only be transported upon the public highways with a permit; and

4. It is constructed in accordance with the Standard No. A119.5 of the American National Standards Institute, as it may be amended.

"Public view" means visibility from the street or from other public or private property.

"Recreational vehicle" means a motor home, slide-in camper, travel trailer, truck camper, park trailer, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.

"Registered owner" means a person registered by the Department of Motor Vehicles as the owner of the vehicle.

"Slide-in camper" means a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from a truck, and designed for human habitation for recreational or emergency occupancy. A "slide-in camper" means a truck camper.

"Travel coach" means a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle.

"Travel trailer" means a portable unit, mounted on wheels, of such a size and weight so as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon any highway, including a recreational vehicle, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

It is unlawful and a public nuisance for a person to park, store or leave standing an abandoned vehicle or parts thereof upon any public or private property within the city.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

A. Section 11.80.020 shall not apply to:

1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not in the public view;

2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

B. Nothing in this section authorizes the maintenance of a public or private nuisance under this code or any other applicable law.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

To the maximum extent permitted by law, the city manager or authorized representative is authorized to enter upon private property to examine a vehicle or part thereof, obtain information as to the identity of the vehicle or part thereof, and to take such actions necessary for the abatement and removal of a vehicle or part thereof declared to be a public nuisance pursuant to this chapter.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

A. Notice of Intention to Abate. Upon determination that a vehicle or parts thereof constitutes a public nuisance, a notice of intention to abate and remove the vehicle or parts thereof as a public nuisance shall be served pursuant to Section 1.01.300 of this code to the owner of the land and the owner of the vehicle unless the vehicle cannot be identified to determine ownership.

B. Exceptions. A notice of intention to abate shall not be required:

1. When the owner of the land and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof;

2. Prior to final disposition of such low-valued vehicle or part as provided in Section 11.80.050(F), for which evidence of registration was recovered, notice shall be provided to the registered and legal owners of intent to dispose of the vehicle or part. If the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed from a location specified in Section 11.80.050(F) final disposition may proceed. This exception shall only apply to inoperable vehicles located upon a parcel zoned for agricultural use or not improved with a residential structure containing one (1) or more dwelling units;

3. Motor vehicles which are parked, resting, immobilized, or otherwise abandoned on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state may be removed immediately upon discovery by the city manager or authorized representative.

C. Appeal of the Notice of Intention to Abate. The owner of the vehicle or the owner of the land may appeal the Notice of Intention to Abate to the city manager or authorized representative(s) pursuant to Chapter 2.08 of this code. The appeal request shall be made to the city clerk within ten (10) days of service of the notice of intention to abate, or at the time of signing a release. If the owner of the land submits a sworn written statement within the ten (10)-day period denying responsibility for the presence of the vehicle on his land such statement shall be deemed an appeal request which does not require his or her presence.

D. City Manager Hearing.

1. The city manager or authorized representative shall hear all testimony relevant to determine:

a. Whether the vehicle or parts thereof are abandoned, wrecked, dismantled or otherwise inoperative and should be abated and removed as a public nuisance; and

b. Whether the costs of abatement shall be charged against the owner of the land pursuant to Section 11.72.060.

2. An order requiring abatement and removal shall be issued and sent pursuant to Section 1.01.300 to the owner of the land and the owner of the vehicle if it is determined that a public nuisance exists. The order shall identify the vehicle or parts thereof including the license number if available.

E. Appeal to the City Council. The owner of the land and the owner of the vehicle aggrieved by a decision of the city manager, may file a written appeal to the city council pursuant to Sections 2.04.100 through 2.04.130 of this code.

F. Disposition of Vehicles or Parts.

1. If a request for a city manager hearing, or appeal to the city council, is not received timely after mailing the notice of intention to abate or decision of the city manager, as applicable, the abandoned vehicle may be impounded to a storage yard or may be disposed of by removal to a scrapyard or automobile dismantler's yard or other suitable site operated by a local authority for processing scrap.

2. If an order requiring abatement is issued, the abandoned vehicle may be impounded or disposed of as provided in this section.

3. If an appeal is filed, the abandoned vehicle may be impounded or disposed of as provided in this section following the decision of the city council authorizing removal.

G. Disposition by Contractor. When the city has contracted for removal services the contractor shall be authorized, to the maximum extent permitted by law, to enter private property to remove or cause the removal of the abandoned vehicle declared a public nuisance.

H. Reconstruction Following Removal. After an abandoned vehicle has been disposed of by removal, it shall not be reconstructed or made operable unless it is a vehicle which qualifies for a horseless carriage license plates or historical vehicle license plates pursuant to Vehicle Code Section 5004 as it may be amended.

I. Notice to Department of Motor Vehicles. Within five (5) days after the date of removal from the owner's property, a notice shall be given to the Department of Motor Vehicles identifying the abandoned vehicle and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates.

J. Liability. Neither the city nor its officers, employees or agents nor a contractor hired by the city shall be liable for damage to an abandoned vehicle or parts thereof by any removal pursuant to this chapter.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

A. Responsibility for Costs. If the city disposes of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof by removal pursuant to Section 11.80.050(F), the costs of abatement may be assessed as a lien against the land where the vehicle is located, together with an additional twenty-five percent (25%) of the costs of abatement for inspection, and any administrative costs incurred by the city to abate the public nuisance. However, if it is determined at a city manager hearing that the abandoned vehicle was placed on the land without the consent of the owner of the land and that s/he has not subsequently acquiesced in its presence, the cost of abatement shall not be assessed against the land nor shall the city otherwise attempt to collect such costs from the owner of the land.

B. Assessment and Collection. Pursuant to Section 38773.5 of the California Government Code, as it currently exists and may be amended, the special assessment collectable by the city shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. If payment is delinquent, the assessment shall be subject to the same penalties and procedure and sale as provided for ordinary municipal taxes.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

A. Parking. No person shall park a recreational vehicle in one (1) location without moving such vehicle for more than six (6) consecutive months. Recreational vehicles shall be parked or stored out of the public right-of-way on a driveway, side or rear yard.

B. Hookup. Recreational vehicles shall not be connected to an electrical or water source for more than four (4) hours per week.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

The following shall constitute a public nuisance requiring abatement pursuant to Chapter 11.72:

A. Any vehicle which becomes unsightly and detracts from the appearance of the neighborhood due to such factors such as rust, corrosion, or faded, chipped or peeled paint;

B. Any vehicle which is painted or designed in such a manner as to distract drivers from the safe operation of their vehicles;

C. Sanding or painting a vehicle in a residential zone;

D. Failure to obscure vehicles, equipment, and machinery from public view in a residential zone. If the parcel does not allow for storage from public view, a paved area next to the driveway and closest to the property line shall be used for storage;

E. Parking a vehicle in a space not designated for parking by the applicable zoning ordinance, unless the vehicle is parked for emergency service which shall not exceed four (4) hours;

F. Permitting any vehicle hauling or carrying or used for hauling or carrying any dead animal(s), offal, market refuse, garbage, swill, night soil, butchers' scraps, manure or other nauseous or offensive substances, to stand or remain in or upon any public street or other public place, longer than is necessary for loading and hauling such substance(s) to its destination or to permit any such vehicle to be in a filthy or offensive condition;

G. Using any vehicle, tub or other receptacle for hauling any offal, hog manure, or the contents of a privy vault, cesspool or sink, or any nauseous or offensive substances, unless the vehicle, tub, or other receptacle is sufficiently strong and tight to prevent any of the contents from leaking or spilling therefrom and unless it is so tightly covered as to not attract flies, and as to prevent any nauseous odors from escaping therefrom.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)

A. No person shall drive, move, or leave standing upon a highway or in an off-street public parking facility any motor vehicle without registering the motor vehicle with the department of motor vehicles or paying registration fees, as provided in Section 4000 of the California Vehicle Code, as it may be amended. For purposes of this section, "off-street public parking facility" means:

1. Any publicly-owned parking facility; and

2. Any privately-owned parking facility where no fee is charged for the privilege to park and which is held open for the common use of retail customers.

B. Vehicles located on private property which are in public view that are not registered with the Department of Motor Vehicles will be deemed as being stored.

(Ord. 568 § 17, 2018; Ord. 176 § 1, 1990)