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City Council Meetmg 4-13-99
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APR 1 3 1999
Santa MOnica, California
TO Mayor and City CouncIl
FROM- City Attorney
SUBJECT Ordinance Amendmg Santa MOnica Municipal Code Section 3 04050 and
Repealing Municipal Code Sections 304060 and 304090 Relatmg to
Parkmg In Public Parkmg Lots
Introduction
ThIS Staff Report conveys staffs recommendations for amend ments to the Municipal Code
whIch would faCilitate enforcement of parking fee requirements applicable to beach parkmg
lots A proposed ordmance Implementing staffs recommendations IS attached
DISCUSSion
HistOrically, beach parkmg fees have been collected either by parking attendants or
through an "honor box" system In which fees are depoSited In boxes correspondmg to
particular spaces In the lots Attendants staff the larger lots regularly throughout the year,
and VISitors pay a fee to the attendant upon entry ThiS system of fee collection IS qUite
effective except as to the VISitors who enter the lots dunng those hours when no attendant
IS on duty
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APR 1 3 199
In the smaller lots, when there IS no attendant on duty, slgnage directs VISitors to msert
payment Into the honor box slots corresponding to the numbered spaces which they
occupy However, the honor box method IS problematiC Many VIsitors fall to deposit the
fee, and there IS no effiCient means of enforcement because there IS no readily vIsible
indication of whether a vIsitor has paid the fee Recently, m an effort to Improve the
revenue control system the City has begun replaCing the honor boxes With a newer
technology, "Pay and Display" Machines, which accept payment and proVide a receipt
VISitors place their receipts on their dashboards, providing VISible proof of payment
Currently, the MUnicipal Code makes no proVIsion for enforcement of fee payment
requirements m parking lots Without attendants Section 3 04 050 merely requires paYing
an attendant upon entry or upon eXit If no attendant IS on duty at the time of entry
The proposed amendment to Municipal Code Section 304050 would address each ofthe
three means of fee collection attendants, "Pay and Display" machines and "Honor Boxes"
It would also prohibit removing a parking receipt from another's vehicle Finally, It would
specify that a Violation IS an mfractlon punishable by a fine of $3800, which IS a standard
fine for parkmg In Violation of City slgnage
Budget/Financial Impact
It IS anticipated that the proposed amendments would Increase revenues from parking
fees
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RecommendatIon
It IS respectfully recommended that the accompanymg ordmance be Introduced for first
readmg
PREPARED BY
Judith Meister, Beach Manager
Marsha Jones Moutne, City Attorney
Norman Wegener, Chief Deputy, Cnmlnal DIvIsion
Claudia Thompson, Legal Admin Staff Asst
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f \atty\munI\laws\mJm\parklng lot
City Council Meeting 4-13-99
Santa MOnica, California
ORDINANCE NUMBER
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 3 04 050 AND REPEALING
MUNICIPAL CODE SECTIONS 3 04060 AND 3 04 090
RELATING TO PARKING IN PUBLIC PARKING LOTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa MOnica MUnicipal Code Section 304050 IS hereby amended
to read as follows
Section 3.04.050 Payment of posted fee required.
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A Parking Lots With Attendants No person shall park a vehicle In a
publiC parking lot With an attendant on duty unless he or she has paid the
posted parking fee and displayed the receipt for payment on the vehicle
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Any person who parks In an attended parkmg lot when no attendant is on
duty shall pay the parking fee when eXltmg the lot If an attendant IS then on
duty If a vehicle IS parked In an attended public lot without a parking receipt,
It shall be presumed that the vehicle entered the parklnq lot when there was
no attendant on duty
B. Parking Lots With Pay and Display Machines No person shall
park a vehIcle In a public parking lot With a Pay and Display Machine unless
he or she has paid the posted parking fee and displayed the receipt
reflectlnq payment on the vehIcle
C Parking Lots With Honor Boxes No person shall park a vehicle In
a publiC parking lot With an Honor Box unless he or she has deposited the
posted parking fee In the slot designated for the space In which the vehicle
IS parked
D Removal of Parking Receipts Prohibited No person shall remove
a parklnq receipt from another's vehIcle m a public parking lot
E, Penalty Any person vlolatmg thiS Section shall be qUllty of an
infraction, which shall be pUnishable by a fine of Thirty-Eight Dollars
($38 00)_
SECTION 2 Municipal Code Sections 3 04 060 and 3 04 090 are hereby repealed
SECTION 3 Any provIsion of the Santa Monica MUnicipal Code or appendices
thereto mconslstent With the provIsions of thiS Ordinance, to the extent of such
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mconslstencles and no further, IS hereby repealed or modified to that extent necessary to
effect the provIsions of this Ordinance
SECTION 4 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 competent Junsdlctlon, such decIsion shall not affect the validity of the remalnmg
portions of this Ordmance 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 unconstItutIonal Without regard to whether any portion of the ordinance
would be subsequently declared Invalid or unconstitutional
SECTION 5 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 m the offiCial
newspaper wlthm 15 days after Its adoption ThiS Ordinance shall become effective 30
days from ItS adoption
APPROVED AS TO FORM
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MARSHA JOM:ES MOUTRI E' G(
CIty Attorney
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