SR-8-A (77)
CA:JL:staff2.rpt js/wp/pc
City council Meeting 3-30-93
~-A
t1l\~ 3 0 \993
Santa Monica, Carifornia
STAFF REPORT
TO:
Mayor and city councilm~~bers
FROM:
City Attorney
Second Reading and Adoption of an Ordinance for
Introduction and First Reading Amending the Santa Monica
Municipal Code to Change Various Vehicle and Parking-
related Infractions to civil Offenses and to Revise the
Amount of Various Fines
RE:
At its meeting on March 23, 1993, the City Council introduced
for first reading an ordinance amending the Santa Monica Municipal
Code to change various vehicle and parking-related infractions to
civil offenses and to revise the amount of various fines.
The ordinance is now presented to the city Council for second
reading and adoption.
Recommendation
The city Attorney recommends that the accompanying ordinance
be introduced and approved on second reading and adopted by the
city Council.
Prepared by:
Joseph Lawrence, Acting City Attorney
~-A
t1AR 3 0 1993
CA:JL:jld837a/hpcal/pc
City council Meeting 3-30-93
Santa Monica, California
ORDINANCE NUMBER 1680 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND ADDING VARIOUS SECTIONS
OF THE MUNICIPAL CODE TO CHANGE VEHICLE AND
PARKING-RELATED INFRACTIONS TO CIVIL OFFENSES
AND TO REVISE THE AMOUNT OF FINES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 3.04.030 is
amended to read as follows:
SECTION 3.04.030.
Beach Parking
Lot parking Permits.
Any resident of the City living 1n
a designated permit area may make
application for a resident or guest
parking permit for use at beach park~ng
lots during the times that parking is
otherwise
prohibited.
Such
parking
permits may be issued for a period of up
to one (1) year and shall be processed by
the Department of Cultural and Recreation
Services.
Permit
fees,
if
any,
designated permit areas, and exempted
periods may be established and changed,
- 1 -
from time to time, by resolution.
Notwithstanding the above, no City
parking permit will be issued until all
outstanding parking citations are paid by
the permit applicant.
SECTION 2. Santa Monica Municipal Code Section 3.04.040 is
amended to read as follows:
SECTION 3.04.040.
violation
Penalty.
Any person violating any of the
provisions of section 3.04.020 of the
Santa Monica Municipal Code shall be
assessed a civil penalty as provided for
in the California Vehicle Code sections
40200 et seq. Any person assessed a
civil penalty under the provisions of
section 3.04.020 shall be liable to pay
penalt1es and fees of not less than
eighteen dollars ($18.00) as provided for
in this Chapter. Each such person shall
be assessed a separate civil penalty for
each and every commission of any
violatl.on of any provisions of Section
3.04.020 of this Code and shall be liable
accordingly. In addition to any other
penalty provided by law, any vehicle
parked in violation of Section 3.04.020
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of th1s Code may be towed, at the owner's
expense, from the parking lot and
1mpounded, and the owner thereof, shall
be responsible for any fees in connection
wi th such towing and impounding. This
amendment shall become effective July 1,
1993.
SECTION 3. Section 3.08.070 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.08.070. Permits.
Issuance and Fees. The Director of
Finance shall issue permits for
preferential parking and collect all
fees. No permit will be issued to any
applicant until that applicant has paid
all of his or her outstanding parking
citations, including all civil penalties
and related fees.
Applicants shall be required to
present proof of residency in the
proposed permit zone. Each qualified
applicant is entitled to purchase one or
more permits per year. The address of
vehicle registration and driver's license
must coincide with the residence address
of applicant.
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Applicants requesting more than
three permits for their dwelling unit may
be granted additional permits by the
Parking and Traffic Engineer upon showing
that there are more than three vehicles
registered at the dwelling unit, and that
sufficient off-street parking 1S not
available to the applicant, and that to
deny additional permits would constitute
a hardship.
Permit fees shall cover the cost of
establishing and maintaining the
preferential parking district. These
fees shall be set by City council
Resolution at the time of parking
district designat10n. As of July 1 of
each year, the fee shall be reduced by
one half for each permit issued after
that date to be effective for the
remainder of the year.
B. Duration. Preferential parking
permi ts issued pursuant to this Section
shall remain in effect for a period of
one calendar year or fraction thereof, or
as long as the permit holder continues to
reside in the dwelling unit for which the
permit was issued or unt1l the
preferential parking district for which
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the permit was issued 1S eliminated,
whichever period of time is less.
c. visitor Permits. Any resident
may purchase two visitor permits per
dwelling unit. Each permit shall have
the address of the permit holder
imprinted.
D. Availability of parkinq. A
preferential parking permit shall not
guarantee or reserve to the holder
thereof an on-street parking space within
the des1gnated preferential parking zone.
E. Restrictions and Conditions.
Each permit issued pursuant to this
Sect10n shall be sUbJect to each and
every condition and restriction set forth
in this Chapter and as provided for the
preferential parking zone for which it
was issued 1ncluding conditions or
restrictions which may be altered or
amended from time to time. The issuance
of such permit shall not be construed to
be a permit for, or approval of, any
violation of any provision of this Code
or any other law or regulation.
SECTION 4. section 3.08.110 of the Santa Monica Mun1cipal
Code is amended to read as follows:
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SECTION 3.08.110. Prohibitions and
fines.
(a) No vehicle shall be parked or
stopped adjacent to any curb in a permit
parking zone in violation of any posted
or noticed proh1bition or restr1ction,
unless such vehicle shall have
prominently displayed permit as directed,
location of permit to be determined by
Police. Each permit shall bear the
vehicle license number of the issuee.
Any vehicle in violation of the Code
shall be subject to a fine of
thirty-three Dollars ($33.00). This
amendment shall become effective July 1,
1993.
(b) It shall be unlawful for any
person to sell, rent, or lease, or cause
to be sold, rented, or leased for any
value or consideration any preferential
parking permit. Upon the conviction of a
violation of this subsection, all permits
issued to, or for the benefit of, the
dwelling unit for which the sold, rented,
or leased permit was author~zed shall be
void. Any person so convicted shall be
subject to a fine of five hundred dollars
($500.00) .
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(c) It shall be unlawful for any
person to buy or otherwise acquire for
value or use any preferential parking
permit, except as provided for in this
article, and any person so convicted
shall be subject to a fine of five
hundred dollars ($500.00).
SECTION 5. Santa Monica Municipal Code Section 3.12.1060
is amended to read as follows:
SECTION 3.12.1060. Appearance upon
an arrest.
(a) Whenever a person is stopped
on a highway or street in the city for
any violation of the provisions of this
Chapter, with the exclUSlon of those
violations included within Section
3.12.1070 and of those violations which
are assessed civil penalties, unless such
person demands the right to an immediate
appearance before a magistrate, the
officer shall, upon productlon, but
without surrender of the driver's license
of the person stopped, or other
satisfactory evidence of the latter's
identi ty take the name and address of
such person and the number of his vehicle
and notify him in writing to appear at a
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time and place specified in such notice;
such time to be at least five days after
such stopping, and such place to be
before the Judge of the Municipal Court.
Whenever such person refuses to give his
written promise to appear as herein
provided for, or demands an immediate
appearance before a magistrate, he shall
be taken forthwith before the Judge of
the Municipal Court. He shall then be
entitled to at least five days'
continuance of his case in which to
prepare for trial within five days unless
he waives such time in writing in open
court; provided, that he gives his
written promise to appear at such time
and place as the Court may fix for his
further appearance, or upon hlS refusal
to give such promise, upon such bail as
the Court may fix, and he shall thereupon
be released from custody.
(b) Whenever a person is stopped
on a highway or street in the City for
any violation of the provisions of this
Chapter which are punishable as civil
penalties, the officer shall comply with
the provisions of the California Vehicle
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Code as they relate to such civil
penalties.
ec) Any person who willfully
violates his promises given in accordance
with this Section shall be guilty of a
misdemeanor, regardless of the
disposition of the charge upon which he
was originally arrested. A promise to
appear may be complied wi th by an
appearance by counsel.
SECTION 6. section 3.12.1080 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3.12.1080.
Code Provisions.
(a) The civil penalties for
violation of California Vehicle Code
state vehicle
sections 22500A (parked in any
lntersection), 22500B (parked in any
crosswalk), 225000 (parked within 15 feet
of a fire station), 22500E (parked in
front of private or public driveway),
22550F (parked on sidewalk) , 22500G
(parked to obstruct trafflc) and 22500H
(double parking) shall be as follows:
1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
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by law, not less than thirty-three
dollars ($33.00) shall be assessed.
2. If no payment or request
for administrative review 15 made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than
seventy-six dollars ($76.00) shall be
assessed.
(b) The civil penalties for
violation of California Vehicle Code
Sections 22500C (parking in a safety
zone), 225001 (parking in a bus zone),
22500J (parking in a tunnel), 22500K
(parklng on any bridge), 22502 (curb
parking) and 22520 (parked on freeway -
non-emergency) shall be as follows:
1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than twenty-five dollars
($25.00) shall be assessed.
2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than sixty
dollars ($60.00) shall be assessed.
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(c) This amendment shall become
effective July 1, 1993.
SECTION 7. section 3.12.1090 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3.12.1090.
Code Provisions.
(a) The civil penalties for
violation of california Vehicle Code
sections 22502A (parked within 18 inches
of curb), 22514 (parked within 15 feet of
fire hydrant), and 22515 (vehicle without
driver while engine is running) shall be
as follows:
state Vehicle
1. If payment is made within
the time set forth in the notice of
c1tation of violation or as provided for
by law, not less than twenty-eight
dollars ($28.00) shall be assessed.
2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency lS issued, in the manner
required by law, not less than sixty-six
dollars ($66.00) shall be assessed.
(b) The civil penalty for
violation of Californ1a Vehicle Code
sections 22521 (parked less than 7.5 feet
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from railroad tracks) and 28071 (bumper
required) shall be as follows:
1. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than twenty dollars
($20.00) shall be assessed.
2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency lS issued, in the manner
required by law, not less than fifty-five
dollars ($55.00) shall be assessed.
(c) The civil penalty for
violation of California Vehicle Code
section 22516 (vehicle locked without
means to escape) shall be as follows:
1. If payment is made within
the time set forth in the notice of
citation of violation or as prov1ded for
by law, not less than thirty dollars
($30.00) shall be assessed.
2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, 1n the manner
required by law, not less than seventy
dollars ($70.00) shall be assessed.
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(d) The c~vil penalty
violation of California Vehicle
section 22522 (parked less than
feet from sidewalk ramp) shall
follows:
for
Code
three
be as
2. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than thirty-five dollars
($35.00) shall be assessed.
2. If no payment or request
for administrative review is made as
provided for by law, after notice of
delinquency is issued, in the manner
required by law, not less than eighty
dollars ($80.00) shall be assessed.
(e) The civil penalty for
violation of California Vehicle Code
Section 22523(A) (abandoned vehicle on
highway) shall be as follows:
2. If payment is made within
the time set forth in the notice of
citation of violation or as provided for
by law, not less than fifty dollars
($50.00) shall be assessed.
2. If no payment or request
for administrative review is made as
provided for by law, after notice of
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delinquency is lssued, in the
required by law, not less
hundred ten dollars ($110.00)
manner
than
shall
one
be
assessed.
(f) This amendment shall become
effective July 1, 1993.
SECTION 8. section 3.12.1100 is added to the Santa Monica
Municipal Code is amended to read as follows:
SECTION 3.12.1100. DMV
Administrative Fee.
The administrative fee, if any,
charged to the City by the Department of
Motor Vehicles, as a result of
withholding vehicle registration pursuant
to Vehicle Code Section 4760 shall be the
sole responsibility of the vehicle owner.
The civil penalty and fees assessed for
the violation shall be increased
accordingly.
SECTION 9. Santa Monica Municipal Code Section 3.16.290 is
amended to read as follows:
SECTION 3.16.290. violation
civil Penalties.
Notwithstanding any other provision
of this Code to the contrary, violation
of Sections 3.12.990 and 3.12.1000(a) of
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this Code shall be punishable by the
following civil penalties:
1. If payment is made within the
time set forth in the notice of citat10n
of violation or as provided for by law,
not less than twenty-eight dollars
($28.00) shall be assessed.
2. If no payment or request for
administrat1ve review is made as provided
for by law, after notice of delinquency
is issued, in the manner required by law,
not less than sixty-six dollars ($66.00)
shall be assessed.
3. This amendment shall become
effective July 1, 1993.
SECTION 10. Santa Mon1ca Municipal Code Section 3.16.291 is
amended to read as follows:
SECTION
3.16.291.
Violation
Fines.
Notwithstanding any other prov1s10n
of this Code to the contrary, violation
of sections 3.04.070, 3.04.080, 3.04.140,
3.04.150, 3.04.160, 3.12.250, 3.12.260,
3.12.300, 3.12.310, 3.12.370, 3.12.390,
3.12.400, 3.12.410, 3.12.420, 3.12.430,
3.12.440, 3.12.460, 3.12.470, 3.12.520,
3.12.530, 3.12.550, 3.12.570, 3.12.620,
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3.12.630, 3.12.640, 3.12.650, 3.12.660,
3.12.810, 3.12.940 and 3.12.1020 of this
Code shall be punishable by the following
fines:
1. If court appearance is made or
bail posted within the time set forth in
the notice of citation of violation, not
less than twenty-five dollars ($25.00)
shall be assessed.
2. If no appearance is made nor
required bail posted as set forth in
subsection 1 above, after a warrant of
arrest is issued in the manner required
by law, not less than fifty dollars
($50.00) shall be assessed.
SECTION 11. Santa Monica Municipal Code Section 3.16.292
is amended to read as follows:
SECTION 3.16.292. Violation
civil penalties.
Notwithstanding any other provision
of this Code to the contrary, violation
of Sections 3.12.790a, 3.12.790b,
3.12.910, 3.12.920, 3.12.1010, 3.16.120,
3.16.240 and 3.16.260 of this Code shall
be punishable by the following civil
penalties:
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1. If payment is made within the
time set forth in the notice of citation
of v1olation or as provided for by law,
not less than twenty-three dollars
($23.00) shall be assessed.
2. If no payment or request for
administrative review is made as provided
for by law, after notice of delinquency
is issued, in the manner required by law,
not less than fifty-eight dollars
($58.00) shall be assessed.
3. This amendment shall become
effective July 1, 1993.
SECTION 12. Santa Monica Municipal Code Section 3.16.293
is amended to read as follows:
SECTION
3.16.293.
Violation
civil Penalties.
Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3.04.020, 3.04.040, 3.12.730,
3.12.740, 3.12.760, 3.12.780, 3.12.820
and 3.12.870 of this Code shall be
punishable by the following civil
penalties:
1. If payment is made within the
time set forth in the notice of citation
of violation or as provided for by law,
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"
not less than eighteen dollars ($18.00)
shall be assessed.
2. If no payment or request for
administrative review is made as provided
for by law, after notice of delinquency
is issued, in the manner required by law,
not less than fifty-three dollars
($53.00) shall be assessed.
3. This amendment shall become
effective July 1, 1993.
SECTION 13. Santa Monica Municipal Code Section 3.16.300
1S amended to read as follows:
SECTION
3.16.300.
Violation
Fines.
Notwithstanding any other provision
of this Code to the contrary, violation
of sections 3.04.180, 3.12.330, 3.12.340,
3.12.350, 3.12.540, 3.12.580, 3.12.590,
3.12.610, 3.12.1030, 3.12.1040 or
3.16.250 of this Code shall be punishable
as follows:
1. If court appearance is made or
bail posted within the time set forth in
the notice of citation of violation, not
less than ten dollars ($10.00) shall be
assessed.
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2. If no appearance is made nor
required bail posted as set forth in
subsection 1 above, after a warrant of
arrest is issued in the manner required
by law, not less than twenty-five dollars
($25.00) shall be assessed.
SECTION 14. section 3.16.320 is added to the Santa Monica
Municipal Code as follows:
SECTION 3.16.320. civil Penalties.
Notwithstanding any other provlsion
of this Code to the contrary, violations
of sections 3.04.050, 3.04.060, 3.04.090,
3.04.100, 3.08.110(a) , 3.12.270,
3.12.380, 3.12.830, 3.12.840, 3.12.850,
3.12.860, 3.12.880, 3.12.890, 3.12.900,
3.12.930, 3.12.950, 3.12.1050, 3.36.190,
3.60.010c of this Code
punishable as follows:
shall
be
1. If payment is made within the
time set forth in the notice of citation
of violation or as provided for by law,
not less than thirty-three dollars
($33.00) shall be assessed.
2. If no payment or timely request
for administrative review is made as is
provided for by law, after notice of
delinquency is issued in the manner
- 19 -
required
seventy-six
assessed.
3. This amendment shall become
effective July 1, 1993.
by law,
dollars
not
less than
shall be
($76.00)
SECTION 15. section 3.60.010 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.60.010. Motor vehicle.
(a) The City Counc11 finds and
declares that a significant problem
exists in the City of Santa Monica with
motor vehicle alarms. Many alarms are
activated by accident or carelessness and
not as the resul t of any criminal
activity. The noise from motor vehicle
alarms is contrary to public health,
safety, and welfare of the community and
is declared to be a public nuisance.
(b) No person shall cause, allow,
permi t or suffer any alarm located in a
motor vehicle registered in the same of
or operated by such person to emit any
audible sound in the City of Santa Monica
for a period of more than fifteen ( 15)
minutes. The time shall be calculated
based upon the emission of the first
audible sound and ending fifteen (15)
- 20 -
minutes thereafter
variation or delay
audible sound.
(c) Except as provided in
subdivision (d), any person violating
this section shall be guilty of an
infraction. Any person convicted of an
infraction under this section shall be
punishable by a fine of not more than
thirty-three dollars ($33.00).
(d) Any person violating this
Section who has been previously convicted
of three (3) or more violations of this
section shall be guilty of a misdemeanor.
(e) The Police Department, in
order to abate the public nuisance
created by a vehlcle in violation of this
Section, may take such steps as are
reasonably necessary to enter the
vehicle, disconnect the alarm, and remove
the vehicle for safekeeping in the manner
permitted by law. (Prior code section
3970) This amendment shall become
effective July 1, 1993.
notwithstanding any
in the emissions of
SECTION 16. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 17. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconst1tutional without regard to \Yhether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 18. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~
JOSEPH LAWRENCE
Acting City Attorney
- 22 -
Adopted and approved this 30th day of March, 1993.
/l ~~
.- p, . 1-Iayor
I hereby certify that the foregoing ordinance No. 1680(CCS)
was duly and regularly introduced at a meeting of the City
council on the 23rd day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 30th day of March 1993 by the fOllowing Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Olsen,
Vazquez
Noes: Councilmembers:
Holbrook, Rosenstein
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
~M.LA~
Clty Cler~