. ORDINANCE NO ~

Transcription

1 Introduced by c&uncilmember Kennedy. ORDINANCE NO ~ II.. AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 10, CHAPTER BY ADDING SECTION TO ALLOW FOR THE IMMOBILIZATION OF PARKED CARS; AMENDING/CHAPTER 10.44, SECTION BY ADDING. SUBSECTION "D" to ALLOW FOR AN EXEMPTION FROM THE OVERNIGHT PARKING PROHIBITION; AND.. AMENDING CHAPTER 1Q.45, SECTION TO CHANGE THE METER RATE IN THE OLD PASADENA PARKING METER ZONE The People of the City of Pasadena ordain as follows: Section 1. Title 10, Chapter of the Pasadena Municipal Code is hereby amended by adding Section which reads as follows"." Immobilization \ Any law enforcement or parking enforcement officer may immobilize any vehicles under the requirements set forth in Section of the Vehicle Code, relating to vehicles with parking violations outstanding, as. provided in Section An administrative fee or fees for such immobiliz~tionmay be established by res<?lution ofthe city counc"il. Any vehicle-immobilized as set forth herein shall remain immobilized until the conditions set forth in Section are. met, and all applicable administrative fees are paid to the city. (a) Subject to the provisions of Subsection (b), where a vehicle is immobilized purs~ant to Vehicle Code Section or any other Code section which authorized similar immobilization, and the owner or person in control of the vehicle has been issued five or more notices of parking violations that are delinquent, such owner or person in control of

2 the vehicle shall be required to pay the Depart~ent a charge to be determined by the city council for the cost of the immobilization. (b) The charge imposed by Subsection (a) above shall not be applicable to a Vehicle whic4, prior to release to the owner, has been so immobilized-and subsequently towed to _/ an impound garage. (c).upon immobilization of such vehicle-the person effecting such immobilization shall cause to be placed ort such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such v~hicle has been immobilized and any_attempt to move such vehicle might result in damage to such vehicle. Said notice -shall also state that there is a right to a post-immobilization hearing to determine the validity of such immobilization, and any booting, towing or storage charges. Such ~earing-shall be conducted_by a hearing ;..: officer appointed to conduct such hearings. This post-immobilization hearing will not be determinative of or adjudicate any citation issued relative or any immobilized vehicle. The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of either the registered or legal ow11er, or his or her agent, to request or to attend a scheduled hearing shall satisfy the post;.immobilization validity hearing // requirement of this subsection. (d) The immobilizing device or mechanism shall remain in place for 72 hours unless the owner has complied with Section of the Vehicle Code or as a result of a hearing held pursuant to Subsection (c) of this section it is determined that the device or mechanism should be removed. If the immobilization occurs when a vehicle is parked in a tow-away zone or restricted parking area; or in a location so a_s to be blocking or impeding traffic, then such vehicle is subject to immediate towing and impounding. i..

3 Booting, towing and storage fees shall be paid before the owner, of such vehicle or authorized person shall be permitted to repossess or secure the release of the vehicle, I, unless the hearing officer determines that such fees ate not required pursuant to Section (c) of the Vehicle Code. The owner or person entitled to possession of such vehicle shall also be responsible for the return of the immobili;zation device or mechanism to the City and shall be responsible f9r an additional fee of $50 per day for each day, or part thereof, after the first 24 hours, for which the immobilization device or mechanism is not returned to the. city, up to a maximum of $500. " (e) O~ce a vehicle has been immobilized pursuant to Vehicle Code Section or any.other similar provision of law which authorizes hnmobilization, no one, other than such persons who are authorized by law to do so,.shall mobilize any such vehicle or damage the immobilization device in any way. (f) No one, other than a person ~uthorized by law to immobilize. a vehicle pursuant to i Vehicle Code Section 2265 L 7 or other similar provision of law, shall, once a vehicle has been so immobilized, cause any such vehicle to be towed from the location where immobilized. If any such vehicle is so towed both the person requesting the towing service and the operator of the towing vehicle shall be in violation of this section. (g) Any violation of eithef Subsections (e) and (f) shall constitute a misdeme~nor." S~ction 2. Title 10, Chapter 10.44, Section of the Pasadena Municipal Code is hereby amended by adding Section OD which reads as follows:. l. - " OD This- section shall not apply to the portion_ of a street. or alley that the Director of Transportation has determined to be exempt after an engineering study and with the I I

4 concurrence of the Public Works Director and the Police Chief. Such exemption may be for all or a portion of the 2:00a.m. to 6:00a.m. period." Section 3. Title 10, Chapter 10.45, Section , subsection B of the Pasadena Municipal Code is hereby amended to re~d as follows: " B The parking meter rate in this district shall be $1.25 for each sixty minutes." Section 4. Title 10, Chapter 10.45, Section , subsection D of the Pasadena Municipal Code is hereby deleted in its entirety. Section 5. This ordinance shall take effect 30 days following its publication. : Sjgned and approved this 27th day of Ju...:...n::..::...=...e, 2016.

5 I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of. the City ofpasadena at its meeting held this 27th day of_~j-=u.:..;.;;.n_:_e.;, 2016, by the following vote: AYES: NOES: ABSENT: Gouncilmembefs Gordo, Kennedy, McAustin, Wilson, Vice Mayor Masud~, Mayor Tornek. None Councilmembers Hampton, Madison ABSTAIN: None DatePublished: June 30, 2016 Pasadena Journal Mar J sky, CMC C1ty Clerk L. Rhemrev Assistant City Attorney.

6 OrdinanCe Fact Sheet TO: FROM: - ~_UBJECT: CITY COUNCIL DATE: June 20, 2016 CITY ATTORNEY AN ORDINANCE OF THE CITY OF PASAOENA AMENDING TITLE 10, CI::IAPTER 10~40 BY ADDING SECTION TO ALLO.W FOR THE IMMOBILIZATION OF PARKED'CARS;.AMENDI-NG CHAPTER 10 SECTION BY ADDING SUBSECTION "D." TO ALLOW FOR AN EXEMPTION. FROM THE OVERNIGHT PARKING PROHIBITION; AND AMENDING CHAPTER 10.45, SECTION-1'0.45.;109 TO CHANGE. THE METER RATE IN THE OLD PASADENA PARKING METER ZONE - TITLE OF PROPOSED ORDINANCE:. AN-ORDINANCE OF THE CITY OF PASADENA AMEND_IN G TITLE 10, CHAPTER BY ADDING sect-ion.,~0~ TO ALLOW.FOR THE IMMOBILIZATION. OF \ - PARKED CARS; }:\MENDING CHAPTER 10 SECTION 'BY ADDING SUBSECTIQN ''D" TO ALLOW FOR AN I:XEMPTION FROM THE OVE.RNIGHT - _ PARKING PROHIBITION; AND AMENDING CHAPTE:R 10.45, SECTION TO CHANGE THE METER RATE IN THE OLD PASADENA PARKING METER ZONE PURPOSE OF ORDINANCE:. The CaHfornia Vehicle Code Section authorizes City parking enforcement staff to utilize an immobilization device In lieu of towing and impounding of vehicle with- five or more delinquent parking violations.. These immobilization devices are referred to as "boots." The booting approach would add a less impactful but effective method for the City to collect overdue parking fines. On April 18, the City Council directed the City Attorney to prepare an ordinance to amend Chapter of the Pasadena Municipal. Code to allow for the immobilization (booting) of parked vehicles that have five or more delinquent parking violations. MEETING OF ',06/27/20~-- -~20-f"2()f-6- AGENDA ITEM NO ll

7 June 20, 2016 Page 2 of 3 A ban on overnight parking on City streets has been in effect for many years. This ban however has a negative.effect on certain businesses that are open to the public early in the morning and do not have off street parking. On March 14, 2016, the City Council directed the City Attorney to prepare an ordinance to amend Chapter 1 0 to provide an exemp~ion from the overnight parking prohibition for businesses with early morning hours in business districts. In the Old Pasadena Parkin g Meter Zone, lower parking meter rates were established in the outer portions of the zone. The City Council previously approved raising the parking meter rate to the same level throughout the Zone, to $1.25 per hour. REASON WHY LEGISLATION IS NEEDED: Parking regulations are codified within Title 1 0 of the Pasadena Municipal Code and an ordinance is required to amend Title 1 0. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The Parking Division of the Department of Transportation will.have primary responsibility for enforcement utilizing the immobilization process (booting). The Department of Transportation will work with the Public Works Department and the Police Department to determine if an exemption to the overnight parking prohibition will be approved. Th~ Department of Transportation will implement the change in the parking meter rate in the Old Pasadena Meter Zone. FISCAL IMPACT: The cost of the immobilization program (booting) will be offset by the. collection of the Boot Fee. Staff time is already incorporated in the parking enforcement budget. The cost of the administration of the exemption to the. overnight parking prohibition wil-l be recovered through the fees charged through the application process and fees charged for sign age. Costs for street sweeping of the portion of street exempted from the overnight parking prohibition would vary, but is thought to be minimal. The cost associated with changing the parking meter rate in the Old Pasadena Parking Meter Zone will be offset by the increased revenue.

8 June 20, 2016 Page 3 of 3 ENVIRONMENTAL DETERMINATION: This ordinance is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines S.ection 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. chelebeal Bagneris City Attorney a Rhemrev As 1stant City Attorney Steve Mermell Interim City Manager

9 THE PASADENA JOURNAL NEWS 1541 N. Lake Ave., Suite A Pasadena, CA This space is for Clerk's filing Stamp PROOF OF PUBLICATION ( C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States and a resident of the County of aforesaidl am the Principal clerk of printer of the Pasadena J oumal, a newspaper of general circulation printed and published weekly in the County oflos Angele~ and which newspaper has been adjudged a newspaper of general circulation by the Superior Court ofthe County oflos Angeles, Stre of California, under the date of April16, 1991, Case Number GS000541, that the notice of which is annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dated twit Published June I certify and declare under penalty perjury that the foregoing is true and correct Introduced by Councilmember Kennedy ORDINANCE NO SEE ATTACHMENT Dated at Pasadena. California. this 30th day of June Jeanette M. Beard PRoo F OF PUBLICATION ~

10 PROOF OF PUBLICATION Introduced by Councilm~ber Kennedy I ' I li :i, li. I I!j,,,I '! l i!1, ORDINANCE.NO AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 10, CHAPTER BY ADDING SECTION TO ALLOW FOR THE IMMOBILIZATION OF PARKED CARS; AMENDING CHAPTER_1o.44, SECTION ~010 BY ADDING SUBSECTIQN. -"D" TO ALLOW- FOR AN EXElVIPTION FROM THE OVERNIGHT PARKING PROHIB.ITION; AND AMENDING CHAPTER 10.45; SECTION TO CHANGE THE METER RATE IN THE OLD PASADENA PARKING METER ZONE. The People.of the City of P~adena ordairi ~ follow~: :... S~Qnl. Tttle lo,chapterl 0.40oft;hePasadena Mumcipal Code-is hereby amended by adding Section which reads as follows: "10.40:035 Immobilization <ar Tiieiliii1lobfllZfDi'deV1ceorrneclWilsffi--:. 1 shall remain in place-for 72 hours unless the owner has ' complied with Section of~ Vehicle Code or as a reslilt of a heaiing,held pursuant to Subsection (c) of this section it l.s deterrnine'd that tli.e device or. : \ mechariisrn sholild be removed. If the iii'unobilization i occurs when a vehicle is parked in a tow-away zone! :. I I [ -Any law: enforcerrier-t or Pafking enforcement I officer may irninobiljze any vehicles under the :' :/ requirementssetforthinsection ofthe Vehicle Code, relating t~ vehicl~s with parkmg violations' outstanding, as provided in Section An -administrative fee or fees f<ir sucliirnrnobilizationmay be established by res~lution of the city council Any vehicle irnrnobilizi:d as set forth herein shiill remain immobilized uritil the conditions set forth in Section 1 ' are met, and all applicable administrative fees i are paid to the city. - (a) Subject to the provisions of Subsection (b), where_ a vehicle is immobilized pursuant to Vehicle Code. Section or any other Code section which authorized similar immobilization, and the owner or, person in control of the vehicle has been i8sued five or more notices ofparkllg violations that aie delinquent, silch owner or person in control of the vehicle shall be required topayth.e Departrnentac!J.arg(.: to be determined by_ the city council for the cost of the iidrnobiliz,ation. _ (b) - The charge imposed by Subsection (a) above shail not be applicable to a vehicle which, prior to release to the qwner, has been so i.rrnllobilized and - subsequent:lyto:wed to animpoundgijrage: - I,_ _. shall I - (c) Uponimmo~ilizajionofsuchvr:;hiclethe person effecting SUChirninobilization shall Cause to be I place<;lonsuchvehicle,inaconspicuousrria1111er;notice. ; sufficient to, warn any individual tnat such vehi"cle.has beeninuriobilizedandanyatternpttomove s_uch vehicle rnightresliltindamage tosuch ~ebicle. Said~otice shall also State t:pa~ tttere is a right to a post-irnn_lobilization heaiingtodeterrninetheyalidityofsuchiii:nrtobilization,. I imdanybooting, towingorstoragech3rges, Slic!:tl!earll!.g _I b~ c'*ducted J>y.. ll ;heariilg.offi~er :app~inted to' coridticto such hearings. This post~irnrnobilizationheanng Will not tie, determinative of or at:ijudicate any :. '' citation isrued relative or any irru:d.obilized vehicie. 'fll,e.hearing shall be conducted within. 48.hoUrs of the I request, excluding weekends and holidays.".fliilure of" I either the registered o~ legal owner, or J:fis or her ag~t, 1 _ to request or to attend a schedliled heanng shall sattsfy.. j the ~ost-irnrn~qili.zatipnvalidity'heaiing requir~ent j' l~~~'?!l:------~-...:. ~---- : or restricted parking ~ea; or: in a location so as to' be blocking or impeding_ traffic, then su~h-vehicle is subjectto immediate towiijg and impounding: Booting,, _towing and storage fees s~l be paid before the owner of such vehicle or authorized person shall' be.peirriitted to rep_ossess or secure tl1e release of.the vehicle, unless the hearing" officer determines that such fees are not requiredpursuanttosectionl0.4q.035(c)ofthevehlcle, Code.Theownerorpersonentitledtopossessionofsuch ' ' I vehicle shall also be responsible for the return of the!! immobilizatiop. device or mechanism to the City and s~ be tespon:siole for an additional' fee of$ 50 per day for each day, or part thereof: after the 'first 24 hour-s for 1 which the immobilization device Or mechanism i; not :,I returned to the city, up to a nlaxinnun of$500. (e) Once a vehichi has be~n immobilized pin-suant to Vehicle. Code Section or any other similar provision of law which authorizes immobilization, no one, other than such persons who ate authorized by law to do so, shan mobilize a,ny such vehicle or dainage the immobilization devic~ in any way. '(f) No one, other than a person authorized by law to irnrnohilize a vehicle pursuarit to Vehicle Code Section 22~51.7 or other' similar provisionoflaw, shall, once a vehicle has been so 'irninobilize~ cause any such vehicle to 'be towe'd'frorn. the location where ' immobilized If any such vehicle is so towed both the personrequestingthe towing sei'vice and the OPerator of the towiiig vehicle shall be fu. violation of this section. (g),- Any violation of either Subsections (e) and(t) shall constitute arnisdemeanoi:-." Section2. Title Signf;d aild appfo~~d thi~27thdayofjune, 2016.l 10, Chapter 10.44, Section ofthe Pasadena MunicipalCode is hereby amended by adding Section OD which reads as follows: Terry Tomek Mayor of the City of Pasadena "10:44.010D This section shall not apply to the portion of a street or alley that the Director of Transportation has determined to be exempt after an engineering study and with.the concim-ence of the Public Works Director. and the Police Chief Such exerription may be for alf or a portion of the 2:00a.m. to 6:00a.m. period." Section 3. Title 10, Chapter 10.45, Section , subsection B of tl1e Pasadena Municipal' Code is hereby amended to read as follows: "10:45.100B The parking meter rate in this district shall be $1.25 for each sixty minutes:". Section 4. Title 10, Chapter 10.45; Section , subsection D of the Pasadena Municipal Code is hereby deleted in its entirety. Section 5. This ordinance shall take effect 3 0 days following its publication. '-- I. I HEREBY C~RTIFY that thejoregoing. i ordinance was ~dopted by the -City Coiin<iiJ of: the City! of Pasadena at tts-~eeting held this 27th day of June, , by the followtngvote :, -, '...! AYES: NOES: ABSENJ: ABSTAIN: CoWJcilmemberS Gordo, Kennedy,... McAu5tin; Wilson, Vice Mayor Masuda,- MayorTomek None Counci.lmembers Hampton, None- Mark Jomslcy, CMC City Clerk Date Published June 30, 2016 Pasadena Journal