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ORDINANCE NO. 1688
ORDINANCE OF THE CITY OF BURLINGAME
AUTHORIZING THE TOWING OF VEHICLES FROM CITY PARKING LOTS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The City of Burlingame has purchased and improved a number ofparking lots
to serve the community, and these parking lots must be available for use as parking facilities and
not for the storage of vehicles or to avoid airport and other transit parking facilities. This ordinance
will ensure that law enforcement has the authority to remove vehicles that are interfering with the
use of those parking or that are being stored at the lots.
Section 2. Anew section 13.04.125 is added as follows:
]3.04.125 Parking lots or facilities, city, municipal, or public.
"City parking lot," "city parking facility," "municipal parking lot," "municipal parking
facility," "public parking lot," or "public parking facilit}%' means anoff-street area or structure that
is owned, leased by, operated by, or operated on behalf of the city for the purpose ofparking by the
general public, with or without compensation. A parking lot or parking facility in the city that is
controlled by a public agency other than the city shall be treated as a private off-street parking
facility under this title.
Section 3. Section 13.08.090
is amended to read as
follows:
13.08.090 When vehicles
maybe removed from streets
and public
parking lots or facilities.
Any police officer may remove or cause to be removed:
(a) Any vehicle that has been parked or left standing upon a street, highway, or public
or
parking
or facility for seventy-two (72) or more consecutive hours;
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(b) Any vehicle which is parked or left standing upon a street, highway, or public parking
lot or facility when such parking or standing is prohibited by ordinance or resolution of this city
d signs are posted giving notice of such removal. Signs upon
fire lanes on private property shall be prepared an
d posted at the owner's expense;
or upon any designated fire lane an
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(c) Any vehicle which is parked or left standing upon a street, highway, or public parking
lot or facilitywhere the use of such street, highway, or public parking lot or facility or a portion
thereof is necessary for cleaning, repair or construction of the street, highway, or public parking
lot or facility, or for the installation of underground utilities or where the use of the street or
highway or any portion thereof is authorized for a purpose other than the normal flow of traffic,
or where the use of the street or highway or any portion thereof is necessary for the movement of
equipment, articles or structures of unusual size, and the parking of such vehicles would prohibit
or interfere with such use or movement, provided that signs giving notice that such vehicle may
be removed are erected or placed at least twenty-four (24) hours prior to the removal.
Section 4. Section 13.36.049 is amended to read as follows:
13.36.049 Moving vehicles in public parking lots or facilities and use of public parking lots
or facilities for storage of vehicles.
(a) It is unlawful for any person to move a vehicle within a municipal parking lot so that
it remains therein for a period of time in violation of Section 13.36.050. Any vehicle observed at
two or more parking spaces in the parking facility within such a period of time and having an
observed odometer change of less than one-tenth miles shall be presumed to have remained within
such lot; a vehicle observed at two or more parking spaces in the parking facility within such a
period of time and with the odometer obscured from view from without the vehicle shall be
rebuttably presumed to have remained stationary.
(b) It is unlawful for any person who owns or has possession, custody, or control of an
y
vehicle, to park or leave such vehicle upon any municipal parking lot for a period of seventy
-two
(72) consecutive hours or more. For purposes of this subsection, a vehicle shall be considered to
have been parked or left standing for seventy-two (72) or more consecutive hours if it has not been
moved at least one-tenth of a mile during the seventy-two (72) hour period. A vehicle with the
odometer obscured from view from without the vehicle shall be rebuttably presumed to have
remained stationary.
5/20/2002
E
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Section 5. This ordinance shall be published as required by law.
Mayor 4
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that Lite
foregoing ordinance was introduced at a regular meeting of the City Council held on the 20th
day of May, 2002, and adopted thereafter at a regular meeting of the City Council held on the
3rd day of June, 2002, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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