Temecula Municipal Code Ch. 10.22 Enforcement of California Vehicle Code on Private Property

A. Pursuant to the provisions of California Vehicle Code Sections 21107.6 and 21107.8, the city council hereby finds, determines and declares that:

1. There exists in the city of Temecula an area of approximately 179.1 acres located southeasterly of Winchester Road and Ynez Road, which is known as the "Regional Mall." A map depicting the Regional Mall and the privately owned and maintained roads and parking facilities within the Regional Mall is set forth herein as Illustration 10.22.010.

2. California Vehicle Code Section 21107.6 authorizes the city of Temecula to adopt an ordinance providing for the enforcement of the California Vehicle Code by the city on private streets generally open to the public for purposes of vehicular travel to serve commercial establishments. California Vehicle Code Section 21107.8 authorizes the city of Temecula to adopt an ordinance providing for the enforcement of Sections 22350, 23103 and 23109 of the California Vehicle Code by the city on privately owned and maintained off-street parking facilities that are generally held open to the public for purposes of vehicular parking. Both sections allow for enforcement following notice to the property owner and a public hearing unless the property owner posts signs that the provisions of the Vehicle Code will not apply to the privately owned and maintained streets or parking facilities. The owners of the Regional Mall have requested the adoption of an ordinance enacting this chapter of the Temecula Municipal Code.

3. On May 11, 2010 the city council of the city of Temecula held a duly noticed public hearing pursuant to the requirements of California Vehicle Code Sections 21107.6 and 21107.8 to consider whether to authorize the enforcement of the Vehicle Code on the privately owned and maintained streets and parking facilities within the Regional Mall and to adopt the ordinance enacting this chapter of the Temecula Municipal Code. The owners of the Regional Mall property were notified in writing of the public hearing. The public was given the opportunity to speak at the public hearing on the proposed ordinance. Following the public hearing and after due consideration of the information presented at the hearing, the city council adopted the ordinance enacting this chapter of the Temecula Municipal Code.

4. The privately owned and maintained roads within the Regional Mall are generally held open to the public for the purposes of vehicular travel to serve the Regional Mall and other commercial establishments. The privately owned and maintained off-street parking facilities within the Regional Mall are generally held open to the public for purposes of vehicular parking.

B. The provisions of the California Vehicle Code shall apply to the privately owned and maintained roads in the Regional Mall and the city of Temecula shall have the authority to enforce the provisions of the California Vehicle Code on said roads.

C. The provisions of Sections 22350, 23103 and 23109 of the California Vehicle Code shall apply to the privately owned and maintained off-street parking facilities within the Regional Mall and the city of Temecula shall have the authority to enforce the provisions of Sections 22350, 23103 and 23109 of the California Vehicle Code on said parking facilities.

(Ord. 10-11 §§ 1, 2)