HomeMy WebLinkAboutAgenda Statement 1974 /06/11 Item 13Item No. 13
June 11, 1974
Ordinance No. 1538 " " AGENDA ITEPf N0. [ 13 � '
CHULA VISTA CITY COUNCIL TfEETItiG OF: June 11 , 1974
ITEDiTITLE: Ordinance No. 1538 - Amending Section 19 . 10. 11 of the
City Code relating to use of motor vehicles on private
land
� INITIATED BY: City Attorney
BACKGROUND
This ordinance is designed to insure that the residents
will not be plagued, especially in the outlying areas of
the City, by off-the-road vehicles at all hours of the
day and night.
The ordinance was placed on first reading at the meeting
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of June 4 , 1974 .
ATTACHED: Resolution [ ] Qrdinance [ ] Agreement [ ] Plat [ ]
See EXHIBITS [ ] No.
Financial Statement: NA
Commission-Board Recommendation: NA
Department Head Recommendation: Place ordinance on second reading.
City Manager Recommendation: Concur
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AGENDA ITEDI \0. [ 11 �
CHULA VISTA CITY COUNCIL �tEETING OF: JUNE 4 , 1974
ITEM TITLE: Ordinance - Amending Section 19 .10 .11 Relating to The
Operation of Vehicles on Private Property
INITIATED BY: City Attorney
BACKGROUND
The City Attorney ' s office is requesting the Council amend our
ordinance relating to tha use of motor vehicles upon private lands .
This ordinance is designed to insure that residents will not be
plagued, especially in tfie outlying areas of the City by off the
road vehicles at all tiours of the day and night.
To date, the Attorney' s office has had a difficult problem providing
for enforcement of the ordinance as it is currently written. Our
oresent ordinance provides that a person may validly be upon the land
of another if he lias "implied permission" . The court, in cases tried
By this office, has consistently interpreted this section to mean
that where there is merely easy access and no fencing or signs at
close intervals, there is "implied permission" .
The net result is we have had no convictions in the cases we have
tried . This is true even when the actual owner of the property has
appeared and testified they in no wa_y gave permission to trespass
upon their land.
The suggested revision brings our ordinance in line with those of
many other cities dealing with this problem.
ATTACHED: Resolution [ ] Qrdinance [XJ Agreement [ ] Plat [ ]
See EXHIBITS �] No. 1
Financial Statement:
N.A.
Commission-Board Recommendation:
N.A.
Department Head Recommendation:
Place ordinance on first reading .
City hfanager Recommendation:
Concur
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