TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: CAROL LYNCH, CITY ATTORNEY

DATE: AUGUST 19, 2003

SUBJECT: ORDINANCE NO. 397 REGULATING THE PARKING OF VEHICLES IN RESTRICTED PARKING AREAS WHEN SIGNS ARE POSTED THAT ESTABLISH PARKING RESTRICTIONS UPON THE PROPERTY

RECOMMENDATION

Adopt Ordinance No. 397, 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.

BACKGROUND

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 was introduced at the August 5, 2003 City Council meeting. In addition to introducing the ordinance on August 5, 2003, the Council adopted a resolution amending 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.

DISCUSSION

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.

The previously adopted 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.

CONCLUSION

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 adopt the ordinance.

Respectfully submitted, Reviewed by,

Carol Lynch, City Attorney Les Evans, City Manager

Attachments:

Ordinance

ORDINANCE NO. 397

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.

1. Whenever any off-street vehicle parking space is assigned for the exclusive use of the occupants or patrons of a particular building, business, facility or establishment ("establishment"), and at, in or near the restricted parking space there is a legible sign stating either that the parking space is exclusively assigned, or that parking is prohibited, or both, a person, other than the person(s) for whose use the parking space is restricted, shall not park any vehicle in that restricted parking space, except with the permission of the person, or a representative of the establishment, to whom the parking space is assigned.
2. A person shall not park a vehicle, whether attended or unattended, in any private driveway or upon any public or private property, except a highway or public street, without the permission of the owner or person in lawful possession of the driveway or property where the vehicle is parked. This paragraph does not authorize or prevent any action that is expressly authorized or prohibited by the Vehicle Code of the State of California or any other federal, state or local law.
3. Any vehicle that is parked in violation of the provisions of this section may be removed, or caused to be removed, by the owner or person in lawful possession of the property, or portion thereof where the vehicle is parked, provided that a legible sign is posted in plain view. The required sign shall be at least seventeen inches by twenty-two inches in size, with lettering at least one inch in height, containing the telephone number of the Los Angeles County Sheriff’s Department, Lomita Station and stating that public parking is prohibited, or that the use of the parking area is restricted, and that any vehicles parked in violation of this section will be removed at the expense of the owner of the vehicle.
4. Prior and subsequent to causing the removal of a vehicle pursuant to paragraph (c) of this section, the person causing the removal of the vehicle shall comply with the requirements of Section 22658 of the Vehicle Code of the State of California, including, but not limited to, notifying the Los Angeles County Sheriff’s Department, Lomita Station, within one hour prior to causing the vehicle to be removed from the 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 19th day of August, 2003.

___________________________
Mayor

Attest:

___________________________
City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; the foregoing Ordinance No. 397 passed first reading on August 5, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 19, 2003, and that the same was passed and adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
CITY CLERK