ORDINANCE NO. XXXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE CHAPTER 8.46 RELATING TO RECREATIONAL VEHICLE PARKING, STOPPING AND STANDING WHEREAS, the City of Fullerton, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public (California Constitution Article XI, Section 7; California Government Code Section 37100).
WHEREAS, California Vehicle Code Sections 22507 and 22507. 5 empower cities to regulate vehicular parking within their jurisdictions.
WHEREAS, the Fullerton City Council adopted Ordinance No. 3294 on November 17, 2020 adding a new Fullerton Municipal Code Title 8 Chapter 8.46 relating to recreational vehicle parking, stopping and standing.
WHEREAS, the Fullerton City Council also adopted Ordinance No. 3301 on July 20, 2021 amending certain provisions of Chapter 8.46.
WHEREAS, the City adopted and has implemented, since in or about August 2021, and prior to any enforcement action pursuant to Chapter 8.46, Enforcement Guidance for implementation of Chapter 8.46, which Guidance is strictly followed by the limited, designated police and parking officers who the City has or has authorized to enforce Chapter 8.46; the Guidance has been in effect at all times that the City has issued any warnings, citations or otherwise enforced the provisions of Chapter 8.46 (the “RV ordinance”).
WHEREAS, the Guidance includes the following relevant provisions:
Only designated personnel may enforce the RV ordinance.
The City should always use education, information and warnings prior to issuing RV citations.
As to parking of RVs in commercial areas or other areas (non-residential) of the City, officers will give a reasonable time prior to any enforcement of the RV ordinance and a warning as to enforcement under the RV ordinance, when a RV needs emergency repairs or an RV operator is frequenting business establishments within the City, such as shopping or dining or otherwise obtaining services from businesses or providers within the City, but not including repetitive or habitual parking or parking unrelated to the active frequenting of a business or utilization of services within the City.
The City should impound RVs as a last resort, only after officers first attempt to gain compliance by warnings, citation(s) or other means.
The City should never tow a vehicle upon a first violation or without any history of violations, unless specific circumstances warrant the impound; these can include safety hazards, blocking driveways or roadways and other parking violations such as parking at red curbs.
Officers should always attempt the lowest level of enforcement, starting with warnings, and escalating based on the severity of the need to enforce or repeat or flagrant offenses and violations. Officers should utilize the least restrictive enforcement whenever possible.
Citations and impounds must always comply with the constitutional rights of owners and drivers, including the Fourth Amendment and the California Constitution Section 13, Article I. Officers should always exercise reasonableness under the circumstances presented but officers must always err on the side of caution and against citation or impound.
WHEREAS, the City never intended to enforce Chapter 8.46 against any passenger vehicles unless they have been permanently altered or modified for human habitation. Moreover, training for those authorized to enforce Chapter 8.46 has made clear that those authorized never intended to, and may not, enforce Chapter 8.46 against any passenger vehicles unless they have been permanently altered or modified for human habitation. In other words, the City has always enforced, applied and interpreted Chapter 8.46 as operative only as to vehicles actually originally designed for, or having been physically modified so as to be equipped for, human habitation and not to any passenger vehicles merely containing some equipment or means for human habitation. The City has also never threatened or warned that the latter vehicles were or would be subject to Chapter 8.46 and those authorized to enforce its provisions have this understanding and instruction .
WHEREAS, the City previously amended Chapter 8.46 by Ordinance No. 3301, in order to limit the applicability of the definition to particular vehicles, by changing the definition of a “recreational vehicle” from one being “capable” of human habitation to one actually “equipped” for human habitation. This City did this expressly for the purpose of restricting the definition of “recreational vehicles” and to make clear that its scope did not apply broadly to vehicles merely able to be occupied for habitation or merely capable of carrying or containing equipment or materials for or related to human habitation or simply used for travel.
WHEREAS, the agenda report considered by City Council with its adoption of the original ordinance also supported this limited application and intended meaning, in that it expressly indicated that adoption of Chapter 8.46 addressed the proliferation of recreational vehicles parking on City streets and that it applied to “vehicles built or modified to temporarily or permanently house persons or animals, such as recreational vehicles, campers, trailers, motorhomes and boats (collectively, ‘RVs).” WHEREAS, the Fullerton Municipal Code has provided that at all times the City has enforced Chapter 8.46, that the California Vehicle Code provisions and definitions apply and govern. In particular, Fullerton Municipal Code Section 8.04.010 states: “In addition to the definitions set forth above, all definitions of words and phrases set forth in the Vehicle Code of the State of California are incorporated in this title as though set forth in full herein.” WHEREAS, California Vehicle Code Section 587 specifically defines “’[s]top or stopping’ . . . [as] any cessation of movement of a vehicle . . . except when necessary to avoid conflict with other traffic or in compliance with . . . official traffic control device or signal.” Thus, the City has never intended and has never enforced, applied or interpreted Chapter 8.46 to apply to any recreational vehicles stopped in traffic, stopped at a stop light or stop sign or otherwise stopped in a manner to avoid conflict with other traffic or in compliance with official traffic control devices or signals.
WHEREAS, the law requires that individuals consult multiple sources in order to make a reasonable reading of local ordinances. Personal Watercraft Coal. v. Marin County Bd. of Super., 100 Cal. App. 4th 129, 138-139 (2002) (local ordinance is valid “if its terms may be made reasonably certain by reference to other definable sources, including reference to other statutes or code provisions,” . . . “judicial decisions and common law,” “legislative history, and other portions of the legislation”).
WHEREAS, City Council hereby finds and declares, based on the previous and its original intent and by the manner in which there has been actual enforcement and application of the previous provisions and amendments of Chapter 8.46, that the amendments effectuated by adoption of this Ordinance are not intended to make any substantive changes to the provisions of Chapter 8.46, but are instead intended to be declaratory of what was originally intended, and has been in all respects the actual way in which Chapter 8.46 has been, and was always, implemented, interpreted and applied by the City in its enforcement of the previously existing provisions and amendments of Chapter 8.46.
WHEREAS, City Council, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.,) has determined that this Ordinance is not a “project” pursuant to Public Resources Code Section 21065, and that it is exempt from the provisions of CEQA pursuant to Guidelines Sections 15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) and 15321 (enforcement actions by regulatory agencies).
WHEREAS, the City is currently subject to a civil action entitled Langenbacher, et al. v. City of Fullerton; FPD, Orange County Superior Court Case No. 30-2022-01296035, generally challenging Chapter 8.46, in which the Court granted a preliminary injunction on June 28, 2023 against the City’s enforcement of Chapter 8.46 during the pendency of the litigation, due to the Court finding that the City’s definition of the term “recreational vehicle” is unconstitutionally vague.
WHEREAS, City Council does not believe that the definition of Recreational Vehicle can reasonably be interpreted as found in the Langenbacher case, but finds that, in order to comply with the Superior Court’s ruling enjoining the City’s enforcement of Chapter 8.46, it is a more prudent and expeditious use of public and judicial resources for City Council to adopt the within amendments to Chapter 8.46 in order to effectuate and clarify the City’s actual intent as to the application and scope of Chapter 8.46, as well as being in line with how Chapter 8.46 has always been implemented and in furtherance of the City’s valid police power and regulatory authority over parking within the City and protection of the public health, welfare and safety.
WHEREAS, City Council recognizes the need to enact the amendments contained in this Ordinance immediately to preserve and protect the public peace, health, safety and welfare, pursuant to California Government Code Section 36937, and to ensure the City’s continued ability to enforce its duly enacted ordinances and to continue to regulate parking within the City, based on the reasons forming the basis for the original enactment, and amendments to Chapter 8.46; and further, to continue to validly exercise its police powers, particularly in light of the Superior Court’s recent ruling enjoining all enforcement by the City of Fullerton Municipal Code Chapter 8.46.
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON ORDAINS AS FOLLOWS:
SECTION 1. City Council finds that all the facts, findings, declarations and conclusions set forth above in this Ordinance are true and correct.
SECTION 2. City Council makes and adopts as findings the facts and conclusions set forth in the preamble of this Ordinance and, for the reasons set forth in the recitals, and based upon all facts and the record relating to adoption of prior related Ordinance Nos. 3294 and 3301, hereby finds that adoption of this Ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health and/or safety.
SECTION 3. City Council hereby repeals and replaces in its entirety subsection (A) of Section 8.46.020 of Chapter 8.46 of Title 8 of the Fullerton Municipal Code with the following:
A. "Recreational Vehicle" or "RV" shall mean any vehicle or trailer which is: (1) designed, permanently modified, or permanently equipped for human habitation; or (2) designed, permanently modified, or permanently equipped for recreational camping or human habitation for the purpose of recreational travel use, whether self-propelled or mounted on or drawn by another vehicle; or (3) any structure which is inspected, approved and designated as a recreational vehicle by, and bearing the insignia of, the State of California or any other state or federal agency having the authority to approve recreational vehicles. (4) a "camp trailer," as defined by California Vehicle Code Section 242; (5) a "fifth wheel travel trailer" as defined by California Vehicle Code Section 324; (6) a "house car" as defined in California Vehicle Code Section 362; (7) a "trailer" as defined in California Vehicle Code Section 630; (8) a "trailer coach" as defined in California Vehicle Code Section 635; (9) a “mobile home,” as defined by California Vehicle Code Section 396; (10) a “vessel” as defined in California Vehicle Code Section 9840 and/ or “trailer” for a vessel; (11) a "park trailer" as defined in California Health & Safety Code Section 18009.3; (12) a "recreational vehicle" as defined in California Health & Safety Code Section 18010; and (13) a "truck camper" as defined in California Health & Safety Code Section 18013.4.
SECTION 4. City Council hereby repeals and replaces in its entirety Section 8.46.030 of Chapter 8.46 of Title 8 of the Fullerton Municipal Code with the following:
8.46.030. Permit required.
No person shall park, stop or leave standing any recreational vehicle on any public or private street, highway or alley or public property within the city at any time, except:
(1) For a reasonable period of up to no more than two hours, but only while, during and in connection with the operator’s or a passenger’s actual patronage of a business or obtaining of services within the City, including dining, shopping, medical or professional appointments, or similar business or activities; and only during the time such business or activity is being actively engaged in by the operator/passenger; (2) During a reasonable time that the operator is conducting emergency repairs; or (2) Pursuant to a temporary RV parking permit issued by the Chief of Police or his/her designee pursuant to this chapter.
For purposes of this section and chapter, the term “park, stop or leave standing” shall have the same meaning as “[s]top or stopping” in California Vehicle Code section 587, which excludes: the “cessation of movement of a vehicle” “when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.” Thus, the prohibition in this section as to parking, stopping or leaving standing shall not include any cessation of movement of a recreational vehicle that is necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.
For purposes of this section, “emergency repairs” shall mean a situation when a recreational vehicle has broken down and is unable to be driven due to a mechanical or functional failure, such as a flat tire or dead battery; but, does not include rebuilding an engine, performing a brake job, repairing/replacing major components, or any other repair that would reasonably be expected to require an extended period of time to reasonably complete, beyond 24 hours, and which is a non-emergency related repair that can be done at any time or location. “Emergency repairs” does not include minor repairs, such as a light out, low tire pressure, windshield wiper blade replacement, and similar repair items that do not impair the mobility of the recreational vehicle, or that can be repaired at any time or location.
SECTION 5. City Council repeals or modifies to the extent necessary to effect the provisions of this Ordinance any provision of the Fullerton Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance. Except as provided herein, the remaining provisions of Title 8, Chapter 8.46 of the Fullerton Municipal Code shall remain in full force and effect.
SECTION 6. If any section, subsection, phrase or clause of this Ordinance is for any reason held as unconstitutional, such decision will not affect the validity of the remaining Bportions of this Ordinance. City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses may be declared unconstitutional.
SECTION 7. City Council finds that it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment, thus it is exempt from the California Environmental Quality Act, pursuant to 14 California Code of Regulations Section 15061 (b)(3), in that the Ordinance makes only minor variations to time restrictions for parking of certain vehicles and primarily clarifies previously existing definitions, neither of which has the possibility of any significant environmental effect.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and published in the manner required by law.
SECTION 9. This Ordinance shall become effective immediately from and after its passage.
ADOPTED BY A FOUR-FIFTHS VOTE OF THE FULLERTON CITY COUNCIL ON AUGUST 1, 2023.
Fred Jung
Mayor
ATTEST:
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Lucinda Williams, MMC
City Clerk