EXHIBIT A
Proposed Lomita Municipal Code Amendments – Vehicle Abatement and Towing Authority Sec. 8-1.05. - Abandoned vehicles on highways.
(a)Removal to safe place. The sheriff shall remove to a safe place Towing or removal under this section may be initiated by the City Manager or his or her designee, including but not limited to the City’s Community Safety Officers, Parking Enforcement Officers, Code Enforcement Officers, or the County Sheriff, to remove to a safe place every vehicle which has been parked or left standing upon a highway for seventy-two (72) or more consecutive hours.
(1)"Safe place" defined. As used in this section the words "safe place" include, but are not confined to, any garage, parking lot or open space owned by, maintained by, or under the jurisdiction of, the County of Los Angeles, and also every privately owned garage the owner or proprietor of which will accept such vehicles.
(2)For the purposes of this section, the vehicle shall be considered to have remained parked/left standing, unless the vehicle has been moved at least one hundred (100) feet from the position previously located. The only exceptions being vehicles which moved across the street from their location or around the corner of their location, if moved less than one hundred (100) feet.
Secs. 8-1.06 through 8-1.20 – No Change
The following sections of the Lomita Municipal Code were reviewed as part of this ordinance and no amendments are proposed:
• Sec. 8-1.06 – Vision safety parking zones
• Sec. 8-1.07 – Parking within the downtown commercial zone • Secs. 8-1.08 through 8-1.15 – Reserved
• Sec. 8-1.16 – Vehicles weighing in excess of six thousand pounds prohibited on Pennsylvania Avenue
• Sec. 8-1.17 – Truck routes
• Sec. 8-1.18 – Exceptions
• Sec. 8-1.19 – Parking time limitation
• Sec. 8-1.20 – Vehicles transporting hazardous materials Secs. 8-2.01 through 8-2.04 – No Change
The following sections of Chapter 8-2 were reviewed and remain unchanged by the proposed ordinance:
• Sec. 8-2.01 – Intent
• Sec. 8-2.02 – Definitions
• Sec. 8-2.03 – Exemptions
• Sec. 8-2.04 – Nonexclusive regulation
Sec. 8-2.05. - Enforcement.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the sheriff's department. Except as otherwise provided in this chapter, enforcement shall be administered by the City Manager or his or her designee, including but not limited to the City’s Community Safety Officers, Parking Enforcement Officers, Code Enforcement Officers, or the County Sheriff. In the enforcement of this chapter such officer and his deputies such authorized personnel may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.
Chapter 8-2.5 – Vehicle Removal, Abatement, and Impound Procedures (New) Sec. 8-2.5.030 – Seventy-Two-Hour Removal. (Revised per CA3) A vehicle parked or standing upon a public street or highway for seventy-two (72) consecutive hours or more without being moved a minimum distance of at least onetenth (0.1) mile may be removed pursuant to this chapter and applicable provisions of the California Vehicle Code.
Sec. 8-2.5.040 – Inoperative or Abandoned Vehicles Declared a Public Nuisance. (Revised per CA4 and CA5)
A. Leaving an inoperative, wrecked, dismantled, or abandoned vehicle in any outdoor area visible from a public right-of-way on public or private property for more than five (5) consecutive days is unlawful and constitutes a public nuisance subject to abatement under this chapter.
B. This section shall not apply to any of the following:
1. Vehicles stored within a fully enclosed structure.
2. Vehicles stored behind a legally permitted opaque fence so as not to be visible from public view.
3. Vehicles lawfully stored in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or other lawful commercial enterprise, pursuant to California Vehicle Code section 22661(b).
Sec. 8-2.5.050 – Notice, Hearing, and Appeals.
Notice, hearing, appeal, cost recovery, and disposal procedures under this chapter shall be conducted in accordance with Chapter 8-2 of this title, including but not limited to provisions relating to certified mail notice, administrative hearings, appeals to the City Council, Department of Motor Vehicles notification, and disposal timelines.
Sec. 8-2.5.060 – Release of Vehicle Hold and Compliance Verification. (Revised per CA6 and CA7)
A. When a vehicle is towed under City authority, the registered owner or legal owner shall demonstrate that the violation leading to the tow has been corrected or otherwise resolved, or that lawful authorization exists to retrieve the vehicle notwithstanding the violation, as determined by the City Manager or his or her designee.
B. Upon verification, the City shall issue a written “Release of Vehicle Hold” authorization. The registered owner or legal owner shall present such authorization to the City’s contracted towing provider and satisfy all applicable towing and storage charges prior to release of the vehicle.
C. No vehicle shall be released unless authorized by the City.