Justice has given the reason the City Council on legislation to ban parking of certain vehicles on public roads and beaches.
The Superior Court of Justice of Andalusia (TSJA) dismissed the administrative appeal filed by the entity Platform for Autonomous Motorhomes against 'regulatory ordinance prohibiting parking of certain vehicles in municipal roads and beaches' that the City Council approved Níjar April 30, 2009.
Plaintiff, Motor Autonomous Platform, a declaration requesting the annulment of the ordinance in all to refer to the campers Maximum Allowable Mass (MMA) exceeding 3,500 kilograms. In this administrative appeal was stated that the City, defendant in this case, you should recognize that these campers are special vehicles of category A1, which are governed by the same rules apply to passenger cars in terms of circulation, waiting and parking .
For his part, City Hall, in the response to the complaint, requested his dismissal stating that the ordinance is intended to regulate within its jurisdiction the parking of certain vehicles that are to large represent an obstruction of traffic, thereby improving the flow of vehicular traffic. In addition, the defendant denies that the ordinance establishing an illegal and unjustified discrimination against mobile homes over the trucks, vans and trucks.
The Basics section of the Case Law TSJA (dated February) is manifest that the proposed ordinance is lawful. It specifies that, under Article 7.b of Royal Decree 339/1990, of March 2 and text articles on the Traffic Act, "it is incumbent municipal ordinance regulating the use of urban roads, while reconciling the equitable distribution of parking for all users with the necessary flow of traffic and pedestrian use of streets, and the establishment of measures limited parking ...". In that case, it reflects also that Article 38.4 of the text quoted above states that "the system of stopping and parking on urban roads is governed by city ordinance, may take the steps necessary to prevent interference with traffic ... ".
This ruling also stated that it was sufficient justification for the ban parking and stopping vehicles in the preamble to this Ordinance, which showed that "the external dimensions of the campers are incompatible with the type of existing parking on urban streets municipally owned ..." . Reaction
municipal
municipal
Níjar Mayor, Antonio Jesús Rodríguez, is happy with this decision, which "gives the reason the City Council on the legality and validity of the ordinance." This document which is intended as the first mayor to limit the parking of motor homes in the towns, except more qualified for it. "What we want is to control illegal camping or caravan stay," said Mayor nijareño. Moreover, Antonio Jesús Rodríguez noted that these vehicles must stay overnight at the camp, "which are the right places for it."
The first mayor of the municipality nijareño acknowledges that since the entry into force of the Ordinance In May 2009, there have been several performances, mainly in summer, but after the filing of this application for judicial review was expected to act and see if the ordinance is valid or not.
Source: lavozdealmeria. is
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