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City council Meeting 12-8-92 Santa Monica, California
DEe 8 1992
STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Ordinance Amending Chapter 3.16 of the
Santa Monica Municipal Code Regarding Lease
or Rental of In-Vehicle Parking Regulators
At its meetlng on November 17, 1992, the City Council
introduced for first reading an ordinance authorizing the sale
and use of In-vehicle parklng regulators. The ordinance is nOlo[
presented to the city council for adoption.
REcmrnENDATION
It is respectfully recoPlI'lended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting city Attorney
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CA:RMM:rmd1494/wpfiles
City Council MeetIng 12-8-92 Santa Monica, California
ORDINANCE NUMBER 1658(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 3.16 OF THE
SANTA MONICA MUNICIPAL CODE REGARDING PARKING METERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 3.16.060 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.060. parking Meter. The
words "parkIng meter" shall mean and Include
any mechanIcal or electronic deVIce or meter
erected for the regulation of parking by
authority of this Chapter.
SECTION 2. Section 3.16.45 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3.16.45. In-Vehicle Parkinq
Requlator. The words Tlin-vehicle parkinq
requla:tor" shall mean and include any
mechanical or electronIc device or meter which
is properly obtained for rental or lease from
the City and which is used, placed or attached
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inside a motor vehlcle for the requlation of
parkinq by authorlty of thlS Chapter.
SECTION 3. Section 3.16.125 is added to the Santa Monlca
Municipal Code to read as follows:
SECTION 3.16.125. Rental, Lease and
Maintenance of In-Vehicle Parkinq Requlators.
The Parkinq and Traffic Enqineer shall bE=!
responsible for the rental, lease ann
maintenance of in-vehicle parkinq regulators.
The city Council by resolution shall approvp
rules and requlatlons as necessary for thp
renta 1 , lease, use and malntenance of in-
vehicle parkinq requlators.
SECTION 4. section 3.16.120 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.120. operation of Parking
Meters. When any vehicle shall be parked in
any metered parking space, the operator
immediately shall deposlt the requlred coin in
the manner prescrlbed on the parking meter
unless the parking meter indicates an
unexpired portion remalns of the period for
which COlns had been deposlted previously, Qt.
the operator lmmediately has placed into
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operation an in~vehicle parking regulator in
compliance wIth rules and regulatIons approved
by the city Councllr or In a period of
emergency determined by an officer of the Fire
or Police Department, or In compliance wIth
the directions of a polIce officer or traffic
control sign or sIgnal. In no event shall it
be lawful to park a vehicle in a designated
metered parking space In excess of the maximum
parklng tIme llmit set by the parkIng and
Traffic Engineer.
SECTION 5. Section 3.16.140 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.140. Funds Derived from
Parking Meters and In-Vehicle Parkinq
Requlators. SectIons 3.16.150 and 3.16.160
prescribe the collection of parking meter and
in-vehicle parking regulator funds.
SECTION 6. Sectlon 3.16.150 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.150. Collection. The
Director of Finance shall be authorized to
make regular collectIons of the money
deposited in the parking meters and to deliver
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the money to the City Treasurer who shall
count and deposit the funds. The Parkinq and
Traffic Engineer shall collect fees for rental
or lease of 1n-vehicle park1.nq requlators, and
shall promptly convey all funds collected from
such fees to the Cl.ty Treasurer who shall
count and deposit the funds.
SECTION 7. Sect10n 3.16.160 of the Santa Monica Municipal
Code is amended to read as follolrlS:
SECTION 3.16.160. Use of Funds. The
COlns deposited in parking meters and the
funds collected from the rental or lease of
in-vehicle parking regulators shall be used to
defray the expense of proper regulation of
traffic upon the publ1.c streets of the City;
to provide for the cost of supervision,
regulation and control of the parking of
vehicles 1.n park1.ng meter zones, including the
use of in-vehicle parkinq requlators therein;
and to cover the cost of purchase,
supervlsion, protection, inspection,
installation, operat1on, Maintenance, control
and use of parklng meters and in-vehicle
parking requlators and may be used for such
other uses as are proper.
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SECTION 8. Section 3.16.250 of the Santa Monica Municipal
code is amended to read as follows:
SECTION 3.16.250. violation - Parkinq
Where Meter Indicates Time Limit is Over. It
is a violation to permit any vehicle to remain
or be placed in any parking space adjacent to
any parklng meter Vlhl.le said meter is
displaying a signal indicatl.ng that the time
for Wh1Ch CO:l.ns had been deposited in said
meter has expired, except ';tlhen an in-vehicle
parking requlator is 1n operation in
compliance wlth this Chapter.
SECTION 9. Section 3.16.270 of the Santa Mon1.ca Municipal
Code is amended to read as follows:
SECTION 3.16.270. violation - Damaqinq
parking Meters or In-vehicle Parkinq
Requlators. It is a violation to deface,
injure, tamper with, open or willfully break,
alter, destroy, or impair the usefulness of
any parking meter or any in-veh1.cle parkinq
regulator installed or prov1ded under the
provisions of thls Chapter.
SECTION 10. Section 3.16.265 is added to the Santa Monica
Municipal Code to read as follows:
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SECTION 3.16.265. violation - Parkinq.
It is a vlolation to d1.splay or cause to be
displayed in a motor vehl.cle, any in-vehicle
parkinq requlator v!hen the tlme remaininq in
said requlator has explred, or when said
regulator has been defaced, iniured, tampered
with, altered, destroyed or impaired, or when
said regulator is not beinq used in compliance
with this Code, or to display or cause to be
displayed in a motor vehicle, any false or
imltat1.0n device whl.ch appears or purports to
be an in-vehlcle parkinq requlator.
SECTION II. Section 3.16.290 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.290. Fines.
NotYli thstanding any other provisl.on of thlS
Code to the contrary, violatlon of Sections
3.04.050, 3.04.070, 3.04.080, 3.04.090,
3.04.100, 3.04.140, 3.04.150, 3.04.160,
3.12.250, 3.12.260, 3.12.270, 3.12.300,
3.12.310, 3.12.370, 3.12.380, 3.12.390,
3.12.400, 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, 3.12.630, 3.12.640, 3.12.650,
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2.13.660, 3.12.770, 3.12.810, 3.12.820,
3.12.830, 3.12.860, 3.12.870, 3.12.880,
3.12.890, 3.12.920, 3.12.930, 3.12.940,
3.12.10000, 3.12.1010, 3.12.1020, 3.16.265, or
former sections 3336 and 3378 of thls Code
shall be punlshable by the following fines:
l. If court appearance 1S made or
bail posted wlthin the time set forth in the
notice of vl.olation or notlce to appear, not
less than t,'lenty- five dollars ($25.00) shall
be assessed.
2. If no appearance 1.S made nor
required bail posted as set forth in
subsectlon 1 above, after a warrant of arrest
is issued ln the manner required by law, not
less than twenty-five dollars ($25.00) shall
be assessed.
SECTION 12. Sectlon 3.16.300 of the Santa Monlca Munlcipal
Code is amended to read as follows:
SECTION 3.16.300. Notvli thstandlng any
other provis~on of thl.s Code to the contrary,
violations of Sections 3.04.020, 3.04.110,
3.04.180, 3.12.330, 3.12.340, 3.12.540,
3.12.580, 3.12.590, 3.12.610, 3.12.730,
3.12.740, 3.12.760, 3.12.780, 3.12.790,
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3.12.840, 3.12.850, 3.12.910, 3.12.1030,
3.12.1040, 3.16.240, 3.16.250 or 3.16.260 of
this Code shall be punishable by the following
fines:
l. If court appearance 15 made or
bail posted with1.n the time set forth in the
notice of violation or notice to appear, not
less than ten dollars ($10.00) shall be
assessed.
2. If no appearance 1.S made nor
required bail posted as set forth ~n
subsectIon 1 above, after a warrant of arrest
is issued In the manner required by law, not
less than t\venty-f 1 ve dollars ($25.00) shall
be assessed.
SECTION 13. Any provision of the Santa Monica Municipal Code
or appendIces thereto inconslstent ',j ]. th the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 14. If any sectIon, subsection, sentence, clause, or
phrase of this OrdJ.nance is for any reason held to be J.nvalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such deC1S1.0n shall not affect the validlty of the
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remaining portlons of the ord1.nance. The city Council hereby
declares that 1.t \.lOuld have passed th1.S Ord~nance and each and
every sect1.on, subsection, sentence, clause or phrase not declared
lnvalid or unconstltutlonal without regard to whether any portion
of the ordinance would be subsequently declared l.nValld or
unconstitutional.
SECTION 15. The Hayor 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 1ts adopt~on. The ord1nance shall become
effective after 30 days from its adoptlon.
APPROVED AS TO FORM:
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J ~H LAWRENCE
Acting City Attorney
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Adopted and approved this 8th day of December, 1992.
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Mayor
I hereby certify that the foregoing Ordinance No. 1658 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 17th day of November 1992; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 8th day of December 1992 by the following Council vote:
Ayes: councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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