HomeMy WebLinkAbout38.106 ORDINANCE NO. 38.106
AN ORDINANCE OF THE CITY OF SARATOGA RESTRICTING
VEHICLE REPAIRS IN RESIDENTIAL DISTRICTS
The City Council of the City of.Saratoga does hereby
ordain as follows:
Section 1: Section 10-30 is hereby added to the Saratoga
City Code, to read as follows:
Section 10-30. Repairs of Vehicles, etc., in residential
districts.
No person shall engage in the repair of any motor
vehicle, trailer, camper unit or boat in any residential
Zoning district within the City of.Saratoga except in
accord with the following regulations:
(1) The vehicle, trailer, camper unit or boat
must be currently registered to a person residentZ
at the site at which it is being repaired at the
time it is being repaired, and~
(2) Except for emergency'repairs performed within'
forty/eight hours from the time of breakdown, no
such repair shall be permitted on any public street,
public trail, or other public right of way, and
(3) Such repairs that are performed on private
property within public view shall be completed
within five [5] consecutive days from the date first
reported to the City~ There is no limit of time
to perform repairs on private property when the
repair activity, and the storage of all repair
equipment supplies, vehicles and parts, are com-
pletely screened from the public view, and
(4) No such repair shall be permitted if it
creates a volume of noise in excess of the levels~
established in the Noise Control Ordinance Of the
Saratoga City Code presently appearing at Article V
of Chapter 8.
(5) No such repair shall be permitted if it creates any
smoke or noxious fumes or odors which are discernable to
occupants of adjoining real property or to memb'ars of the
general public using an adjoining public street or public
right of. way.
Any person violating any of the provisions Of this sect{on shall
be guilty of an infraction. Each such person shall be guilty of a
separate offense for each and every day during a portion of which any
violation of this section is committed, continued or permitted by
such person shall be punishable accordingly. The violation of any~:
part of this section shall constitute a separate violation. Any
personsconvicted of an infraction under this section shall be punish-
able f~r a first conviction by a fine of not more than Fifty DSl~la~§)
($50.00), for a Second conviction within a period of one (1) year
from first convietion, by a fine of more than One undred <
Dollar~ ($100.00), and for a third or any subsequent conviction within
a period of one (1) year from the second or succeeding conviction, by
a fine :of not more than Two Hundred Fifty Dollars ($250.00) The bail
for eaqh violation of this section shall be in the amount of the.fine
as setZforth hereinabove, plus the penalty assessment imposed by the
Court.~
I~ addition to the penalties provided by this section, any condi-
tion c~used or ~ermitte~"~o exist'in violation of any of the provisions
of this code, shall be deemed a public nuisance and may be summarily
abatedZby the City in a civil action, and each day such condition
continues shall be a new and separate offense.
S~ction 2: If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held by a Court of competent juris-
diction to be invalid, such decision shall not affect the validity of
the re~aining portions of this ordinance.' The City Council of the City
of Saratoga hereby declares that it would have passed this ordinance Q~
and each.section, subsection, sentence, clause and phrase thereof.,
irrespective of the fact that any one or more sections, subsections,
-2-
sentences, clauses or phrases be held invalid or unconstitutional.
Section 3: This ordinance shall take effect and be in full force
and effect thirty (30) days from and after the date of its passage
and adoption.
The above and foregoing ordinance was regularly introduced and
after ~he waiting time required by law, was thereafter passed and
adopted this 7~ day of ~ril , 198~, by the following vote:
AYES: !~Ci~embers Clev~g~, Jens~, MallOr, Watson, ~r c~n
NOES: None
ABSENT :~ None
MAYO R
ATTEST:
CITY CLERK '
The abo~,e and foregoing is a true and correct
copy of O~-dipa,:c~ ~Z. ,,~ ~ ~,,'~ic~ has bee~
Deputy City Clerk ~ Date '
-3-