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SR-8-C (42) t. ~-c CA:JL:jld780/hpca1/pc City Council Meeting 11-17-92 NOV 1 7 1392 Santa Monica, California 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 meeting on January 14, 1992, the City Council directed the City Attorney to prepare an ordinance authorizing the sale and use of in-vehicle parking regulators. In response to this direction, the accompanying ordinance has been prepared and is presented to the City Council for its consideration. The accompanying ordinance amends Chapter 3.16 of the Santa Monica Municipal Code to regulate the lease or rental of parkulators. This IS somewhat different from the original city Council direction, which was to authorize the sale of parking regulators. The City Parking and Traffic Engineer has advised that it would be better to rent the parkIng regulators so that the City can better control the tampering and altering of the devices, which some people might do to avoid payment to the City for parking time. The following is a section by section description of the changes made by this Ordinance to Chapter 3.16 of the Municipal Code. <j?-c - 1 - NOV 1 7 1992 section 3.16.060, "Parking Meter." amended to include "electronic devices This section has been or meters" within the definition of "parking meter." Section 3.16.45, !I In-Vehicle Parking Regulator." This section has been added to Chapter 3 .16 to define in-vehicle parking regulator as any mechanical or electronic device or meter rented or leased from the City which is used inside a motor vehicle for the regulation of parking. section 3.16.125, IIRental f Lease and Maintenance of In-Vehicle Parking Regulators." This Section has been added to Chapter 3.16 to provlde that the Parking and Traffic Engineer will be in charge of renting parking regulators and the City Council will be required to approve the necessary rules and regulations for the use of the regulators. Section 3.16.120, "Operation of Parking Meters." This Section has been amended to provide that parking meters must be fed or the operator of a vehicle must immediately place in operation an in-vehicle parking regulator when parking in a metered space. section 3.16.140, II Funds Derived from Parking Meters and In-Vehicle Parking Regulators." This Section has been amended to cause collection of in-vehicle parking regulators funds to be regulated by Municipal Code Sections 3.16.150 and 3.16.160. section 3.16.150, "Collection." This Section has been amended to provide that the Parking and Traffic Engineer shall collect fees from the rental of parking regulators. section 3.16.160, "Use of Funds. II This section has been amended to provide that funds collected from in-vehicle parking - 2 - regulators shall be used to defray costs of traffic regulation and all costs assoclated with the parking meters and parking regulators themselves. section 3.16.250, "Violation Parking Where Meter Indicates Time Limit is Over." This section has been amended to provide that vehicles with in-vehicle parking regulators in operation do not have to deposit coins in the parking meter while parked in a metered space. section 3.16.270, "Violation - Damaging Parking Meters or In-Vehicle parking Regulators." This Section has been amended to provide that it is unlawful to do damage to or otherwise alter any in-vehicle parklng regulator. Section 3.16.265, "Violation - Parking.1I This Section has been added to the Municipal Code to provide that it is unlawful to display an in-vehicle parking regulator that has expired, to damage the parking regulator, to use a regulator in a manner not in compliance with the Code, and to display any imitation parking regulators. section 3.16.290, "Fines. II This section has been amended to better describe the document which is given to a violator of various Sections of Chapter 3 of the Municipal Code. section 3.16.300. This Section has been amended to better describe the document wh1ch is given to a v1olator of various Sections of Chapter 3 of the Municipal Code. - 3 - RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Joseph Lawrence, Acting City Attorney - 4 - CA:RMM:rmd1494jwpfiles City council Meeting 11-17-92 Santa Monica, California ORDINANCE NUMBER (city Councll Serles) 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 meterll 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 Parking Requlator. The words lIin-vehicle parking requlator" shall mean and include any mechan1cal or electronic device or meter which is properly obtained for rental or lease from the City and which is used, placed or attached 1 inside a motor vehicle for the requlation of parkinq bv authorlty of this Chapter. SECTION 3. Sectlon 3.16.125 lS added to the Santa Monica Municipal Code to read as follows: SECTION 3.16.125. Rental. Lease and Maintenance of In-Vehicle Parking Regulators. The Parkinq and Traffic Enqineer shall be responsible for the rental r lease and maintenance of in-vehicle parking regulators. The City Councll by resolution shall approve rules and requlatlons as necessary for the rental r lease r use and maintenance of in- vehicle parkinq regulators. 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 deposit the required coin in the manner prescribed on the parking meter unless the parking meter indicates an unexpired portion remains of the period for which coins had been deposited previously, or the operator immediately has placed into 2 operation an in-vehicle parking requlator in compliance with rules and requlations approved by the city Council, or ln a period of emergency determined by an officer of the Fire or Police Department, or ln 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 parklng space in excess of the maximum parking time limit 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 parkinq regulator funds. SECTION 6. Section 3.16.150 of the Santa Monica Municipal Code is amended to read as follows: SECTION 3.16.150. Collection. The Director of Flnance shall be authorized to make regular collections of the money deposited in the parking meters and to deliver 3 the money to the City Treasurer who shall count and deposit the funds. The Parking and Traffic Engineer shall collect fees for rental or lease of in-vehicle parkinq requlators, and shall promptly convey all funds collected from such fees to the City Treasurer who shall count and deposit the funds. SECTION 7. section 3.16.160 of the Santa Monica Municipal Code is amended to read as follows: SECTION 3.16.160. Use of Funds. The coins 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 public streets of the city; to provide for the cost of supervision, regulation and control of the parking of vehicles in parking meter zones, lncludinq the use of in-vehicle parkinq regulators therein, and to cover the cost of purchase, supervision, protectlon, inspection, installation, operation, maintenance, control and use of parking meters and in-vehicle parkinq regulators and may be used for such other uses as are proper. 4 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 ln any parklng space adjacent to any parking meter \17hi Ie said meter is displaying a signal indicating that the time for which coins had been deposited in said meter has expired, except when an in-vehicle parking requlator is in operation in compliance with thlS Chapter. SECTION 9. section 3.16.270 of the Santa Monica Municipal Code is amended to read as follows: SECTION 3.16.270. Violation - Damaqinq Parking Meters or In-Vehicle Parkinq Regulators. It is a violation to deface, injure, tamper wlth, open or willfully break, alter, destroy, or impair the usefulness of any parking meter or any in-vehicle parkinq regulator installed or provided under the provisions of this Chapter. SECTION 10. section 3.16.265 is added to the Santa Monica Municipal Code to read as follows: 5 SECTION 3.16.265. Violation - Parkinq. It is a vlolation to dIsplay or cause to be displayed in a motor vehIcle, any in-vehicle parkinq requlator when the time remaininq in said requlator has expired, or when said regulator has been defaced, injured, tampered with, altered, destroyed or impa1redr or when said requlator 1S not belnq used in compliance with this Coder or to display or cause to be displayed in a motor vehicle, any false or imitation device which appears or purports to be an in-vehicle parkinq requlator. SECTION 11. section 3.16.290 of the Santa Monica Municipal Code is amended to read as follows: SECTION 3.16.290. Fines. Notwithstanding any other provision of this Code to the contrary, violation 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, 6 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 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 violation or notice to appear, not less than twenty-five dollars ($25.00) shall be assessed. 2. If no appearance is made nor requ1red ba i 1 posted as set forth in subsectlon 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 12. section 3.16.300 of the Santa Monica Municipal Code is amended to read as fallows: SECTION 3.16.300. Notwi thstanding any other provision of this 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, 7 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: 1. If court appearance is made or bail posted withln the time set forth in the notice of violation qr notice to appear, not less than ten dollars ($10.00) shall be assessed. 2. I f no appearance is made nor required ball posted as set forth in subsection 1 above, after a warrant of arrest is lssued In the manner requlred by law, not less than twenty-flve dollars ($25.00) shall be assessed. SECTION 13. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencles 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 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 8 remaining portions of the ord.lnance. The City Council hereby declares that .lt would have passed th.lS Ordlnance and each and every sectlon, subsect.lon, sentence, clause or phrase not declared invalid or unconst.ltutional wlthout regard to whether any portion of the ordinance would be subsequently declared lnvalid or unconstitutional. SECTION 15. - The Mayor shall sign and the City Clerk shall attest to the passage of this Ordlnance. The city Clerk shall cause the same to be published once ln the official newspaper within 15 days after lts adoption. The ordlnance shall become effective after 30 days from its adopt.lon. APPROVED AS TO FORM: .. (<' ~~ I -' // <- .) 0- <--1 / --- .' .'-~<'-- ~ I "'-' { "_ : JO~EPH LAwRENCE (~~1ing City Attorney 9