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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CAROL LYNCH, CITY ATTORNEY
DATE: AUGUST 5, 2003
SUBJECT: ORDINANCE REGULATING THE PARKING OF VEHICLES IN RESTRICTED PARKING AREAS WHEN SIGNS ARE POSTED THAT ESTABLISH PARKING RESTRICTIONS UPON THE PROPERTY
Read Ordinance No. ____ "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING THE UNAUTHORIZED PARKING OF VEHICLES ON PROPERTY WHEN SIGNS ARE POSTED THAT ESTABLISH PARKING RESTRICTIONS UPON THE PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE" by title only, waive further reading, and introduce the ordinance.
Adopt the attached resolution, which amends the City’s parking penalty schedule to add penalties for violations of the attached ordinance.
In response to the concerns raised by Ms. Jane Jones of the Palos Verdes Library Board, the City Council, at its meeting of July 15, 2003, directed City Staff to prepare an ordinance that will be applied throughout the City and allow off-street parking restrictions be established so that the Sheriff’s Department deputies will have the authority to issue parking citations to those who violate the parking restrictions and so that vehicles that are parked in violation of the restrictions may be towed. Pursuant to that direction, the attached ordinance has been prepared for Council consideration.
While off-street parking may be restricted by posting signs that prevent parking on property without permission, the ability of property owners to enforce the restrictions imposed by such signs is limited without a City ordinance.
Paragraph (a) makes it a violation of the ordinance to park in a parking space that has been restricted for use by a particular person or group of persons, such as the patrons of a particular business.
Paragraph (b) makes it a violation to park on a private driveway or on public or private property, other than a highway or public street, without the permission of the owner.
Paragraphs (a) and (b) are modeled after similar provisions that were adopted by the County.
Paragraphs (c) and (d) allow property owners to have vehicles towed if they are parked in violation of paragraphs (a) and (b), provided that the owners satisfy the requirements of California Vehicle Code Section 22658 by posting visible signs near the parking areas and giving notice to the Sheriff’s Department in accordance with the provisions of that Section.
In addition, to the ordinance, the attached resolution amends the City’s parking penalty schedule to add penalties for parking vehicles in violation of these provisions. The parking penalty that is being established is $45.00, which is the amount of the penalty that the County established for these violations of the County Code.
By making it a violation of the Municipal Code to park a vehicle on property where parking spaces are designated for the use of particular persons, the Sheriff’s Department may issue citations for such violations, and vehicles that are parked in violation of the restriction may be towed. Thus, the attached ordinance will assist in preventing the type of threat to the peace and public safety that can occur when private parking restrictions go unheeded by vehicle owners.
Adding the new parking regulations to the Municipal Code will protect the public health, safety and welfare. Accordingly, Staff recommends that the City Council make a motion to read the attached ordinance by title only, waive further reading and introduce the ordinance and that the attached resolution be adopted.
Respectfully submitted, Reviewed by,
Carol Lynch, City Attorney Les Evans, City Manager
Draft Ordinance and resolution
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING THE UNAUTHORIZED PARKING OF VEHICLES ON PROPERTY WHEN SIGNS ARE POSTED THAT ESTABLISH PARKING RESTRICTIONS UPON THE PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 10.04 of Title 10 of the Rancho Palos Verdes Municipal Code hereby is amended by adding new Section 10.04.080 thereto to read as follows:
10.04.080 Unauthorized parking on public or private property.
Section 2. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect.
Section 3. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.
Section 4 This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this _______ day of _______________, 2003.
This document must be printed on a Series III printer. EXHIBIT C
CITY OF RANCHO PALOS VERDES MUNICIPAL CODE
PARKING PENALTY SCHEDULE