HomeMy WebLinkAboutNS-2069 - Amending Sections of Santa Ana Municipal Code Relating to Vehicle Abatement605
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ORDINANCE NO. NS- 2069
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 16-111, 16-113 AND
16-114 OF THE SANTA ANA MUNICIPAL CODE
RELATING TO VEHICLE ABATEMENT
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS
FOLLOWS:
SECTION 1: That Section 16-111 of the Santa Ana Municipal Code,
is hereby amended to read as follows:
Sec 16-111. Definitions.
As used in this article:
(a) The term "vehicle" means a device by
which any person or property may be propelled,
moved, or drawn upon a highway, except a
device moved by human power or used
exclusively upon stationary rails or tracks.
(b) The term "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.
(c) The term "public property" does not
include "highway".
(d) The term "enclosed private property"
shall mean the fenced-in ground and buildings
immediately surrounding a house or dwelling.
SECTION 2: That Section 16-113 of the Santa Ana Municipal
is hereby amended to read as follows:
Sec. 16-113. Administration and Enforcement.
Except as o%herwise provided in this
article, the provisions of this article shall
be administered and enforced by the chief of
police or his designee. In the enforcement of
this article, subject to other requirements of
law, such officer and his deputies may enter
upon private or public property to examine a
vehicle or parts thereof, or obtain
information as to the identity of a vehicle.
If consent to enter enclosed private property
for purposes of this section has been sought
and refused, or facts and circumstances exist
Code,
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Ordinance No. NS-2069
Page Two
to reasonably justify a failure to seek such
consent, such officer or his deputies shall
obtain an inspection warrant pursuant to
section 1822.50 et seq. of the Code of Civil
Procedure.
SECTION 3: That section 16-114 of the Santa Ana Municipal Code,
is hereby amended to read as follows:
Sec. 16-114. Authority to remove.
The chief of police or his deputies may
enter upon private or public property to
remove or cause the removal of a vehicle or
parts thereof declared to be a nuisance
pursuant to this article.
If consent to enter enclosed private
property for purposes of this section has been
refused by the property owner or occupant, the
chief of police or his deputies shall obtain
appropriate judicial authorization prior to
the removal of a vehicle or parts thereof.
SECTION 4: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the
City of Santa Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutional.
607
Ordinance No. NS- 2069
Page Three
SECTION 5: Neither the adoption of this Ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provisions
applicable to any cash deposit in lieu thereof, required to be
posted, filed or deposited pursuant to any ordinance and all
rights and obligations thereunder appertaining shall continue in
full force and effect.
ADOPTED this ]6th day of ~u~y , 1990.
ATTEST:
COUNCILMEMBERS:
Young Aye APPROVED:
Aoosta
Griset
McGuigan A,¥e, By:
May A,¥e ~ER
Norton Aye City Attorney
Pulido Aye