O2084
f:\atty\muni\laws\amendparkingregs-12d. wpd
City Council Meeting 6-24-03 Santa Monica, California
ORDINANCE NUMBER 2084
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE
SANTA MONICA MUNICIPAL CODE AND ADDING SECTION
3.08.120 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO
PARKING AND ADDING CHAPTER 3.02 TO THE MUNICIPAL CODE TO
ESTABLISH CIVIL PENAL TIES FOR PARKING VIOLATIONS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 3.02 is hereby added to the Santa Monica Municipal Code
to read as follows:
Chapter 3.02
CIVIL PENAL TIES FOR PARKING VIOLATIONS
Section 3.02.010. Civil Penalties.
Any person violating any of the provision of the Municipal Code
restricting the parking or standing of vehicles shall be assessed a civil
penalty. The amounts of such penalties shall be specified on a schedule of
civil penalties and may established by ordinance, resolution or any other
means approved by law.
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Section 3.02.020. Penalty For Delinquent Payments.
If any person fails to make timely payment of a parking penalty as
provided for by law and in the notice of citation, a separate delinquency
penalty shall be assessed against that person for the late payment.
Section 3.02.030. Generally Applicable Penalty.
If no specific provision is made upon the schedule of penalties for the
particular penalty which applies to a violation of federal, state or local law,
the penalty shall be thirty-eight dollars ($38.00) and the penalty for
delinquency shall be thirty-eight dollars $38.00).
Section 3.02.040. Assessment of Penalties.
Each person who is assessed a penalty shall be assessed a separate
civil penalty for each and every commission of any parking violation and shall
be liable accordingly.
Section 3.02.050. Additions to Penalties Made Pursuant to State
Law,
Any surcharges or assessments to parking penalties which are
mandated by state law shall be added to the civil penalty imposed for the
violation. Additionally, when a hold on a vehicle registration renewal is
imposed by the State Department of Motor Vehicles, the civil penalty shall
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be increased by the amount of the fee the state charges for the hold on
registration.
Section 3.02.060. Fee For Collection Of Delinquent Penalty
Payments.
If the City incurs special collection costs in conjunction with the
assignment of a parking penalty for collection, that cost shall be added to the
penalty and the violator shall be liable to the City for both the civil penalties
and the collection costs.
SECTION 2. Santa Monica Municipal Code Section 3.04.030 is hereby amended
to read as follows:
Section 3.04.030. Beach parking lot parking permits.
Any resident of the City living in a designated permit area may make
application for a resident or guest parking permit for use at beach parking
lots during the times that parking is otherwise prohibited. Such parking
permits may be issued for a period of up to one year. Permit fees, if any,
designated permit areas, and exempted periods may be established and
changed, 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.
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SECTION 3. Santa Monica Municipal Code Section 3.04.040 is hereby amended
to read as follows:
Section 3.04.040. Towing.
Any vehicle parked in violation of Section 3.04.020 of this Code may
be towed, at the owner's expense, from the parking lot and impounded, and
the owner thereof, shall be responsible for any fees in connection with such
towing and impounding.
SECTION 4. Santa Monica Municipal Code Section 3.04.050 is hereby amended
to read as follows:
Section 3.04.050 Payment of posted fee required.
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. Any
person who parks in an attended parking lot when no attendant is on duty
shall pay the parking fee when exiting 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 parking 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
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he or she has paid the posted parking fee and displayed the receipt
reflecting 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 parking receipt from another's vehicle in a public parking lot.
SECTION 5. Santa Monica Municipal Code Section 3.08.110 is hereby amended
to read as follows:
Section 3.08.110. Prohibitions and fines,
No vehicle shall be parked or stopped adjacent to any curb in a permit
parking zone in violation of any posted or noticed prohibition or restriction,
unless a parking permit, including the vehicle license number, is prominently
displayed on the vehicle as directed by the City. Preferential parking permits
issued for visitors are exempt from the requirement of including a license
number on the permit.
SECTION 6. Section 3.08.120 is hereby added to the Santa Monica Municipal Code
to read as follows:
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Section 3.08.120. Transfer of preferential parking permits
prohibited.
(a) 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 authorized shall be void. Any person so
convicted shall be subject to a fine of five hundred dollars.
(b) 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.
(c) Any person violating this Section shall be guilty of an infraction
which shall be punishable by a fine not exceeding Two Hundred Fifty Dollars
or a misdemeanor which shall be punishable by a fine not exceeding One
Thousand Dollars per violation, or by imprisonment in the County Jail for a
period not exceeding six months, or by both such fine and imprisonment.
SECTION 7. Santa Monica Municipal Code Section 3.12.1050 is hereby amended
to read as follows:
Section 3.12.1050. Prohibition of vehicular parking on front
lawns.
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No vehicle shall be parked or left standing on the front one-half of any
lot in a residential district except on an approved driveway.
SECTION 8. Santa Monica Municipal Code Section 3.16.120 is hereby 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 payment in the manner
prescribed on the parking meter unless the parking meter indicates an
unexpired portion remains of the period for which payment had been
deposited previously. In no event shall it be lawful to park a vehicle in a
designated metered parking space in excess of the maximum parking time
limit set by the City. Operators of vehicles displaying Clean Air Vehicle
Decals shall not be required to deposit payment in parking meters.
SECTION 9. Santa Monica Municipal Code Section 3.16.250 is hereby amended
to read as follows:
Section 3.16.250. Violation--Parking 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 parking meter while said meter is displaying
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a signal indicating that the time for which payment had been deposited in
said meter has expired.
SECTION 10. Santa Monica Municipal Code Section 3.16.292 is hereby 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 3.12.790(a), 3.12.790(b), 3.12.910, 3.12.920,
3.12.1010,3.16.120,3.16.240,3.16.250, and 3.16.260 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, not less than twenty-three dollars 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 shall be assessed.
(3) This amendment shall become effective July 1, 1993.
SECTION 11. Santa Monica Municipal Code Section 3.16.300 is hereby 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,
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3.12.580,3.12.590, 3.12.610,3.12.1030, or 3.12.1 040 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 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 twenty-five dollars shall be assessed.
SECTION 12. Santa Monica Municipal Code Section 3.16.320 is hereby amended
to read as follows:
Section 3.16.320 Civil penalties.
Notwithstanding any other provision of this Code to the contrary,
violations of Sections 3.04.050, 3.04.060, 3.04.090, 3.04.100,3.08.11 O(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, and 3.36.190 of this
Code shall be punishable 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 thirty-three dollars 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
required by law, not less than seventy-six dollars shall be assessed.
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(3) This amendment shall become effective July 1, 1993.
SECTION 13. Santa Monica Municipal Code Sections 3.12.1080 (State Vehicle
Code Provisions), 3.12.1090 (State Vehicle Code Provisions) and 3.16.160 (Use of Funds)
and 3.16.265 (Violation - Parking) are hereby deleted in their entirety.
SECTION 14. 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 further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 15. 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 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 unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
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SECTION 16. 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 30
days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 24th day of June, 2003.
JL~
Mayor Pro T em McKeown
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2084 (CCS) had it's introduction on June 17, 2003, and was
adopted at the Santa Monica City Council meeting held on June 24,2003, by the
following vote:
Ayes: Council members: O'Connor, Genser, Katz, Feinstein,
Mayor Pro T em McKeown
Noes: Council members: Holbrook
Abstain Council members: None
Absent: Council members: Mayor Bloom
ATTEST:
rk