SR-417-004 (2)
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CA:RMM:DSK:r
Council Meeting 12-l5-8l
Santa Monica, Californ~a
STAFF REPORT
TO:
Mayor and City CounCil
FROM:
CIty Attorney
SUBJECT:
Amendment of Munic~pal Code Sect~on 3366A
Relat~ng to Handicapped Park~ng
At its meeting on September 8, 1981, the City Council
dlrected the C~ty Attorney to prepare an ordinance authoriz-
ing towing of vehlcles parked 1n parklng spaces des~gnated
for handicapped persons. In addit~on, the City Council
requested that the Clty Attorney explore the appllcation of
handicapped park~ng restrlctions to pr~vately-owned offstreet
parking.
The accompanying ordinance amends Municipal Code Sec-
tion 3366A to authorize the police to remove vehicles parked
in spaces designated for the handicapped. Removal of vehicles
under such c~rcumstances is authorized by Vehicle Code
Sectlons 22511.8 and 22651(n). In addltion, Section 3366A,
which on its face only applies to on-street parklng, has been
amended to cover publicly-owned off street park~ng
faCllitles.
Effective January 1, 1982, the California Legislature
has amended Veh~cle Code Section 22507.8 to prOVIde that ~t
unlawful to park In parklng spaces designated for hand~capped
persons ln privately owned park~ng facility. In the past, a
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local ordinance was required to apply such restrictions to
privately owned fac~l~t~es. Assum~ng the owner posts the
space in the manner requ~red by law, vehicles may be removed
from such space pursuant to Vehicle Code Section 225ll.8.
RECOMMENDATION
It is respectfully recommended that the accompanYlng
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, Clty Attorney
Debra S. Kanoff, Deputy Clty Attorney
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CA:RMM:DSK:se
Clty Councll Meetlng 12-15-81
Santa Monlca, Callfornla
ORDINANCE NUMBER
(Clty CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 3366A OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO PHYSICALLY
HANDICAPPED ZONES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 3366A of the Santa Monlca Munlclpal
Code IS amended to read as follows:
SECTION 3366A.
Physlcally Handl-
capped Zones.
A PhySically Handicapped Zone shall
exist where the curb or edge of the paved
portion of the street adJacent to the
space or where the stall or spaces ln any
publicly
owned or operated offstreet
parking facillty have been deSignated for
parkIng
for
phYSIcally
handlcapped
persons In the manner required by the
Vehlcle Code.
No person shall stop or park a
vehicle In a Physically Handicappted Zone
unless the vehlcle has distingulshlng
license plates or placards Issued to
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disabled persons pursuant to SectIon
22511.5 of the Veh1cle Code or to
dIsabled veterans as speclfled in SectIon
9105 of the VehIcle Code. Any vehicle
parked ~n vIolatIon of thIS section may
be removed from the Physically
Handicapped ParkIng Zone by any polIce
offIcer.
A PhysIcally HandIcapped Zone may
be establIshed by resolutIon of the CIty
CounCil upon request by any Indlvldual
and consIderation by the Parking and
TraffIc Engineer, or upon recommendatIon
of the TraffIC EngIneer, If eIther of the
fOllowIng factors eXIst:
(1) Curb parking IS InsuffICIent
due to heavy area park1ng; or
(2) Sufflclent vehicular actIvity
by phySically handicapped persons eXIts
at the locatIon.
SECTION 2. Any prOVISIon of the Santa Monica MunlcIpal
Code or append1ces thereto Incons1stent with the prOVISIons of
thIS ordinance, to the extent of such Inconsistencies and no
further, are hereby repealed or mod1fled to that extent necessary
to affect the proviSIons of thls ordInance.
SECTION 3. If any sectIon, subsectIon, sentence, clause,
or phrase of this ordInance 1S for any reason held to be InvalId
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or
unconstItutional by a deC1Slon of
any court of any competent
Jurisdlct1on, such deClSlon shall not affect the valldlty of the
remaInIng portions of the ordinance. The City CouncIl hereby
declares that it would have passed this ordlnance and each and
every
section, subsectIon, sentence, clause or phrase not
declared lnvalid or unconstitutlonal wlthout regard to whether
any portlon of the ordInance would be subsequently declared
Invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the CIty Clerk shall
attest to the passage of thIS ordlnance. ThlS CIty Clerk shall
cause the same to be publlshed once ln the offICIal newspaper
wIthln 15 days after Its adoptIon.
The ordInance shall become
effectlve after 30 days from its adoptIon.
APPROVED AS TO FORM:
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Robert M. Myers ~
City Attorney
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