FORM GEN. 160 )Rev. 6-80)
CITY OF LOS ANGELES
INTER-DEPARTMENTAL CORRESPONDENCE
DATE:
TO:
January 2, 2009
The Honorable Bill Rosendahl,
Chair Public Works Committee
illiam Robertson, Director
Bureau of Street Services
SUBJECT: COUNCIL FILE: 08-2939 SALE OF CARS ON CITY STREETS Since the repeal of Los Angeles Municipal Code Section 80.75 in 2001, there has been a Citywide increase in the use of City streets for the sale of cars (Section 80.75 of the Municipal Code prohibited the sale of vehicles on City streets).
In June of 2000, the American Civil Liberties Union (ACLU) of Southern California filed a case, in Federal Court, on behalf of Edward Burkow, who was issued a citation in September of 1999 for placing a "For Sale" sign in his car window while it was parked on a City street. United States District Judge A. Howard Matz ruled that signs in car windows were not a matter of public safety, and issued an injunction prohibiting the City from enforcing Section 80.75. Due to this, the ordinance wasrepealed by Council on April 25, 2001.
City enforcement agencies were also advised by the City Attorney to not enforce LAMC 80.73(e), which also prohibits "For Sale" signs on parked cars, even though this LAMC section was not the subject of the Burkow case.
The City of Lawndale recently passed an ordinance (Ordinance No. 1017-08) that addresses the problem of sales of vehicles on City streets without the First Amendment freedom of speech issues that led to repeal of LAMC 80.75. The Lawndale ordinance is based upon California Vehicle Code Section 22651.9, which pennits the removal of vehicles, under certain conditions, after a second citation for being illegally parked for purposes of advertising the vehicle for sale; and Section 22852 of the California Vehicle Code, which requires that a post-removal hearing take place after the removal of any vehicle under Section 22651.9 of the California Vehicle Code.
To address the proliferation of auto sales on City streets, it is recommended that the Los Angeles City Attorney study the feasibility of amending the LAMC to allow the enforcement of restrictions on use of the public right-of-way for auto sales, as authorized by California vehicle Code Section 22852 and 22651.9.
Attachment:
City of Lawndale Ordinance 1017-08
WAR/gh PUBLIC WORKS
JAN O 5 2009