HomeMy WebLinkAboutAGENDA REPORT 2025 0219 CC REG ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 19, 2025
ACTION INTRODUCED ORDINANCE NO.
525, AND ADOPTED RESOLUTION NO.
2025-4299. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
C. Consider Ordinance Adding Subsection (Q) to Section 10.04.190 of the Moorpark
Municipal Code to Provide for the New Daylighting Law Parking Regulations Per
California Vehicle Code 22500(n)(1)(A) and Amending Section 10.04.030 to
Identify Parking Violations as Subject to Civil Penalties and Administrative
Charges; and Consider Resolution Amending the City’s Schedule of Fees and
Service Charges to Add the Fine Amount for Violating the New Daylighting Law
Parking Regulation. Staff Recommendation: 1) Introduce Ordinance No. 525,
Adding Subsection (Q) to Section 10.04.190 and Amending Section 10.04.030 of
Chapter 4 (Traffic Code) of Title 10 (Vehicles and Traffic) to Add New Daylighting
Law Parking Regulations Per California Vehicle Code 22500(n)(1)(A) and Identify
Parking Violations as Subject to Civil Penalties and Administrative Charges as
Found in the City’s Schedule of Fees and Service Charges, respectively; and 2)
Adopt Resolution No. 2025-4299 to Amend the City’s Schedule of Fees and
Service Charges to Add the Fine Amount for Violating the New Daylighting Law
Parking Regulation. (ROLL CALL VOTE REQUIRED) (Staff: Darin Hendren,
Chief of Police)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Darin Hendren, Chief of Police
DATE: 02/19/2025 Regular Meeting
SUBJECT: Consider Ordinance Adding Subsection (Q) to Section 10.04.190 of the
Moorpark Municipal Code to Provide for the New Daylighting Law
Parking Regulations Per California Vehicle Code 22500(n)(1)(A) and
Amending Section 10.04.030 to Identify Parking Violations as Subject
to Civil Penalties and Administrative Charges; and Consider
Resolution Amending the City’s Schedule of Fees and Service
Charges to Add the Fine Amount for Violating the New Daylighting
Law Parking Regulation
SUMMARY
California Assembly Bill (AB) 413 created a new parking law known as the “Daylighting
Law” that prohibits the stopping, standing, or parking of a vehicle within 20 feet of the
vehicle approach side of any marked or unmarked crosswalk or within 15 feet of a
crosswalk with a curb extension. AB 413 amended California Vehicle Code section
22500(n)(1)(A). This new law was effective January 1, 2024, with a phase-in period to
educate the public of the new law and then became enforceable on January 1, 2025.
Staff is requesting the adoption of an Ordinance to make two amendments to the
Moorpark Municipal Code (MMC). First, Section 10.04.190 would be amended to add a
new subsection (Q) to include this new Daylighting Law parking violation into the
Municipal Code’s list of parking violations, consistent with California Vehicle Code
22500(n)(1)(A). Second, the Ordinance would amend Section 10.04.030 of the Moorpark
Municipal Code to specify that vehicle and traffic violations are subject to civil penalties
and fines as set forth in the City’s Schedule of Fees and Service Charges. Currently, this
section identifies parking violations within Chapter 10.04 of the Municipal Code as
infractions. However, California Vehicle Code section 40200 states parking violations
that are not misdemeanors are subject to a civil penalty and California Vehicle Code
40203.5 gives the governing body of the jurisdiction where the notice of violation is issued
the authority to create a schedule of parking penalties for parking violations. It also states,
“Parking penalties under this article shall be collected as civil penalties.”
Item: 9.C.
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Staff is also recommending the adoption of a Resolution providing that this new parking
violation is added into the City’s Schedule of Fees and Service Charges with a fine
amount of $63.00, which is consistent with all other similar parking violations.
BACKGROUND
California Assembly Bill (AB) 413 was approved by Governor Newsom in October 2023.
AB 413, also known as the “Daylighting Law,” was enacted to help reduce the number of
traffic collisions involving pedestrians crossing the street. Forty-three other states have
enacted similar parking restrictions and those restrictions have decreased the number of
vehicle versus pedestrian traffic collisions. AB 413 prohibits the stopping, standing, or
parking of a vehicle within 20 feet of the vehicle approach side of any marked or unmarked
crosswalk or within 15 feet of any crosswalk with a curb extension. This only applies to
vehicles parked on the right side of the roadway as you approach a marked or unmarked
crosswalk or any crosswalk with a curb extension.
AB 413 amended California Vehicle Code section 22500(n)(1)(A), effective January 1,
2024. However, the enforcement of the new parking regulations did not take effect until
January 1, 2025. The time period between January 1, 2024, and January 1, 2025,
allowed for public education to take place before the law was enforceable.
Moorpark Municipal Code Section 10.04.030 identifies violators of any violations
enumerated in Chapter 10.04 of the Moorpark Municipal Code as guilty of an infraction
and punishable in accordance with Chapter 1.10 of the Moorpark Municipal Code.
Chapter 1.10.070 states, “Any person convicted of an infraction for the violation of this
code, including any person convicted of an infraction for a violation of any city building or
safety code, may be punished by the maximum fines permitted by Government Code
section 25132 and 36900 et seq.” . Government Code 36900 identifies a violation of a
city ordinance as a misdemeanor unless by ordinance the violation was made an
infraction. Government Code 36900 also identifies fine amounts for a first, second, and
third violation occurring within the same year. The fine for a first violation would be not
more than $100, a second violation would be not more than $200, and a third and any
subsequent violations within one year of the first violation would be not more than $500.
Government Code 36900 identifies a violation of a city ordinance as a misdemeanor,
unless by ordinance the violation was made an infraction. The code also identifies fine
amounts for a first, second, and third violation occurring within the same year. The fine
for a first violation would be not more than $100, a second violation would be not more
than $200, and a third and any subsequent violations within one year of the first violation
would be not more than $500.
California Vehicle Code 40200 states, “Any violation of any regulation that is not a
misdemeanor governing the standing or parking of a vehicle under this vehicle code,
under any federal statute or regulation, or under any ordinance enacted by local
authorities is subject to a civil penalty.” California Vehicle Code 40203.5(a) states, “The
schedule of parking penalties for parking violations and late payment penalties shall be
established by the governing body of the jurisdiction where the notice of violation is
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issued.” Subsection (b) states, “Parking penalties under this article shall be collected as
civil penalties.”
DISCUSSION
California Vehicle Code 22500(n)(1)(A) became enforceable on January 1, 2025, and the
Moorpark Police Department has done public outreach to educate the public about this
new Daylighting Law through media releases, social media posts, and by physically
placing copies of media releases on vehicles parked in violation of California Vehicle
Code 22500(n)(1)(A).
The addition of Subsection (Q) of Moorpark Municipal Code Section 10.04.190 will create
local parking violation that is consistent with California Vehicle Code 22500(n)(1)(A) and
allow Moorpark sheriff’s deputies, cadets, volunteers, and Public Works staff to issue
parking citations to vehicles parked on the vehicle approach side within 20 feet of a
marked or unmarked crosswalk or within 15 feet of a crosswalk with a curb extension.
The law creates more space between pedestrians who are attempting to cross the street
and parked vehicles, to make it easier for approaching drivers to see the pedestrians and
easier for the pedestrians to see approaching vehicles. Similar parking laws have been
enacted in 43 other states and have helped reduce the number of vehicle versus
pedestrian collisions.
Subsection (Q) of Moorpark Municipal Code Section 10.04.190 is recommended to be
added as follows:
“(Q) – No parking, stopping, or standing within 20 feet of the vehicle approach side of any
marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension
is present.”
The requested fine amount of $63.00 is requested to be added to the City’s Schedule of
Fees and Service Charges, which is consistent with other similar parking fines. Although
California law allows fine amounts to increase for each subsequent violation within one
year of the first, the Moorpark Municipal Code does not include this provision, therefore
the fine for each violation of Moorpark Municipal Code Section 10.04.190(Q) will be
$63.00, regardless of the frequency of violations.
A line item in the City’s Schedule of Fees and Service Charges is recommended to be
added as follows:
Fee Description Fine Charge Basis
21 MMC 10.04.190(q): Prohibited Parking within 20 feet of
un/marked crosswalk or 15 feet of crosswalk with curb
extension
$63 per citation
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California Vehicle Code section 40203.5 allows local jurisdictions to adopt a schedule of
parking penalties, which the City Council did when adopting the City’s Schedule of Fees
and Service Charges through Resolution No. 2024-4267 on September 4, 2024.
California Vehicle Code section 40203.5 also states parking penalties shall be collected
as civil penalties. Moorpark Municipal Code Section 10.04.030 as currently written
identifies violations of Moorpark Municipal Code Sections in Chapter 10.04 – Traffic Code,
as infractions, which is in conflict with California Vehicle Code 40203.5. To be compliant
with California law, Moorpark Municipal Code 10.04.030 should be amended to reflect
parking violations in Moorpark Municipal Chapter 10.04 as civil fines and not infractions
or administrative citations. It should also reflect that parking penalties enumerated in
Moorpark Municipal Code Chapter 10.04 be collected as civil penalties and fine amounts
can be found in the City of Moorpark’s Schedule of Fees and Service Charges.
Moorpark Municipal Code Section 10.04.030 is recommended to read as follows:
“Any person who violates any provision of, or fails to comply with any requirement of, this
chapter is subject to a civil penalty plus the administrative charges or penalties as
authorized by the California Vehicle Code, and that the various civil penalties for such
violations are in the amounts as set forth in the City's Schedule of Fees and Service
Charges adopted by resolution, as may be amended from time to time.”
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378(b)(4) and 15061(b)(3) of the State
CEQA Guidelines. Therefore, no environmental review is required.
FISCAL IMPACT
The fiscal impact on collecting fines for violating this new Daylighting Law is estimated to
be between $500 to $2,000 per year depending on the effectiveness of public education
efforts, reported rates of violations from the public, rates of compliance, and repeat
violators.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Introduce Ordinance No. ___, Adding Subsection (Q) to Section 10.04.190 and
Amending Section 10.04.030 of Chapter 4 (Traffic Code) of Title 10 (Vehicles and
Traffic) to Add New Daylighting Law Parking Regulations Per California Vehicle
Code 22500(n)(1)(A) and Identify Parking Violations as Subject to Civil Penalties
and Administrative Charges as Found in the City’s Schedule of Fees and Service
Charges, respectively; and
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02/19/2025 Regular Meeting
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2. Adopt Resolution No. 2025-____ to Amend the City’s Schedule of Fees and
Service Charges to Add the Fine Amount for Violating the New Daylighting Law
Parking Regulation.
Attachment 1: Draft Ordinance No. ___
Attachment 2: Draft Resolution No. 2025-____
Exhibit: Schedule of Fees and Service Charges (Parking Citations only)
120
ATTACHMENT 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTIONS 10.04.030 AND
10.04.190 OF CHAPTER 4 (TRAFFIC CODE) OF TITLE 10
(VEHICLES AND TRAFFIC) OF THE MOORPARK
MUNICIPAL CODE TO ADD THE NEW DAYLIGHTING
PARKING LAW AS A PARKING VIOLATION SUBJECT TO
CITY PARKING PENALTIES AND TO IDENTIFY PARKING
VIOLATIONS AS SUBJECT TO CITY PARKING PENALTIES
AND ADMINISTRATIVE CHARGES RATHER THAN AS
INFRACTIONS
WHEREAS, California Assembly Bill 413 created a new parking law known as
the “Daylighting Law” that prohibits the stopping, standing or parking of a vehicle within
20 feet of the vehicle approach side of any marked or unmarked crosswalk or within
15 feet of a crosswalk with a curb extension. This new law took effect on January 1,
2024, with a phase-in period to educate the public of the new law and then became
enforceable on January 1, 2025; and
WHEREAS, the new Daylighting Law was incorporated into California Vehicle
Code section 22500(n)(1)(A); and
WHEREAS, City staff has reviewed and determined that an amendment to Chapter
10.04 (Traffic Code) of the Moorpark Municipal Code is necessary to include a new
subsection (Q) to Section 10.040.30 that is consistent with the new Daylighting Law and
California Vehicle Code section 22500(n)(1)(A) to address violations of the parking law
and subject violators to municipal parking penalties and administrative charges; and
WHEREAS, an amendment to Section 10.04.030 of the Moorpark Municipal Code
is also necessary to specify that certain vehicle and traffic violations that are listed in the
City’s Traffic Code are subject to civil penalties and charges as set forth in the City’s
Schedule of Fees and Service Charges. Currently, this section identifies parking
violations within Chapter 10.04 of the Municipal Code as infractions. However, California
Vehicle Code section 40200 states parking violations that are not misdemeanors are
subject to a civil penalty and California Vehicle Code 40203.5 gives the governing body
of the jurisdiction where the notice of violation is issued the authority to create a schedule
of parking penalties for parking violations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”). This action is not a project within the
meaning of the CEQA Guidelines Section 15378(b)(4) and 15061(b)(3) as it has no
potential for physical effects on the environment. The Ordinance pertains to the
adoption of a new parking law, which does not commit the City to any project and does
not have the potential of causing an impact on the environment.
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Ordinance No. ___
Page 2
SECTION 2. Section 10.04.190 (Prohibited Parking or Stopping Areas -
Designated) of Chapter 10.04 (Traffic Code) of Title 10 (Vehicles and Traffic) of the
Moorpark Municipal Code is hereby amended to add subsection (Q) to read as follows:
“(Q) - No stopping, standing, or parking of a vehicle within 20 feet of the
vehicle approach side of any marked or unmarked crosswalk or within
15 feet of a crosswalk where a curb extension is present.”
SECTION 3. Section 10.04.030 (Violation and Penalty) of Chapter 10.04 (Traffic
Code) of Title 10 (Vehicles and Traffic) of the Moorpark Municipal Code is hereby
amended to read as follows:
10.04.030 Violation - Penalty.
“Any person who violates any provision of, or fails to comply with any
requirement of, this chapter is subject to a civil penalty plus the
administrative charges or penalties as authorized by the California Vehicle
Code Section 40203.5, and that the various civil penalties for such violations
are in the amounts as set forth in the City's Schedule of Fees and Service
Charges adopted by City Council resolution, as may be amended from time
to time.”
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this ___ day of March, 2025.
______________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
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RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING FEES FOR THE
CITY’S SCHEDULE OF FEES AND SERVICE CHARGES TO
ADD THE FINE AMOUNT FOR VIOLATING THE NEW
DAYLIGHTING LAW AND AMENDING RESOLUTION NO.
2024-4267
WHEREAS, user and regulatory fees are established by the City Council; and
WHEREAS, from time to time, the City Council adds new parking citation fines to
reflect new laws related to vehicle and traffic violations; and
WHEREAS, California Assembly Bill 413 created a new parking law known as the
“Daylighting Law” that prohibits the stopping, standing, or parking of a vehicle within
20 feet of the vehicle approach side of any marked or unmarked crosswalk or within
15 feet of a crosswalk with a curb extension. This new law took effect on January 1, 2024,
with a phase-in period to educate the public of the new law and then became enforceable
on January 1, 2025; and
WHEREAS, the City Council desires to add a fine amount of $63.00 per citation to
the City’s Schedule of Fees and Service Charges for violation of the Daylighting Law,
which was added as Subsection (Q) of Moorpark Municipal Code Section 10.04.190; and
WHEREAS, the City Council desires to amend City Council Resolution No. 2024-
4267 to add a fine for violation of Subsection (Q) of Moorpark Municipal Code to the
“Parking Citations” section of the City’s Schedule of Fees and Service Charges upon the
effective date described in Section 2 and 4 of this Resolution; and
WHEREAS, in adopting this Resolution, the City Council is taking action on
establishing a new fine for violating the Daylighting Law set forth in the Exhibit pursuant
to the California Vehicle Code Section 40200 and 40203.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Section entitled (Parking Citations) of the Schedule of Fees and
Service Charges that was adopted by City Council Resolution No. 2024-4267 is hereby
amended to add a new line item for violations of Subsection (Q) of Section 10.04.190, as
shown on Exhibit A, attached hereto.
SECTION 2. The new fine adopted by this Resolution shall go into effect on April 4,
2025.
SECTION 3. Except as herein amended, the remaining provisions of Resolution
No. 2024-4267 and in the Schedule of Fees and Services Charges, as adopted by that
prior resolution shall remain in full force and effect. Nothing in this resolution shall
supersede any adjustments to fees or service charges approved by the Director of
Disaster Services pursuant to Moorpark Municipal Code Section 2.48.060(C)(1).
ATTACHMENT 2
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Resolution No. 2025-____
Page 2
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 19th day of February, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A: Parking Citation Section of Schedule of Fees and Service Charges
Effective Date April 4, 2025
124
City of Moorpark
PARKING CITATIONS
Fine Charge Basis Note
1 MMC 10.04.150: Parallel Parking over 18” from the Curb $63 per citation
2 MMC 10.04.160: Angle Parking Only Zone $63 per citation
3 MMC 10.04.170: Time Limit Parking Zones $63 per citation
4 MMC 10.04.180: Block, Park, or Stop in a “Disabled Person” Space $355 per citation
5 MMC 10.04.190(a): Prohibited Parking within an Intersection $63 per citation
6 MMC 10.04.190(b): Prohibited Parking on a Crosswalk (Except for a
Bus)
$63 per citation
7 MMC 10.04.190(c): Prohibited Parking within a Safety Zone $63 per citation
8 MMC 10.04.190(d): Prohibited Parking within 15’ from a Fire Station
Entrance/Exit
$63 per citation
9 MMC 10.04.190(e): Prohibited Parking: Unattended Vehicle within
15’ of Fire Hydrant
$63 per citation
10 MMC 10.04.190(f): Prohibited Parking in Front of a Private or Public
Driveway
$63 per citation
11 MMC 10.04.190(g): Prohibited Parking on a Sidewalk $63 per citation
12 MMC 10.04.190(h): Prohibited Parking Obstructing a Construction
Zone
$63 per citation
13 MMC 10.04.190(i): Prohibited Parking: Double Parking $63 per citation
14 MMC 10.04.190(j): Prohibited Parking: No Parking Zone, Red Curb,
or Signs Prohibiting
$63 per citation
15 MMC 10.04.190(k): Prohibited Parking: Traffic Hazard $63 per citation
16 MMC 10.04.190(l): Prohibited Parking across Parallel Parking Stall
Lines
$63 per citation
17 MMC 10.04.190(m): Prohibited Parking beyond Parking Stall
Causing Hazard
$63 per citation
18 MMC 10.04.190(n): Prohibited Parking in a Bus Loading Zone $63 per citation
19 MMC 10.04.190(o): Prohibited Parking on a Bridge $63 per citation
20 MMC 10.04.190(p): Prohibited Parking: Block Sidewalk Curb Cutout
for a Wheelchair Access
$63 per citation
21 MMC 10.04.190(q): Prohibited Parking within 20 feet of unmarked
crosswalk or 15 feet of crosswalk with curb extension
$63 per citation
22 MMC 10.04.200: Prohibited or Restricted Parking $63 per citation
23 MMC 10.04.205: Oversized Vehicle in Prohibited Location $63 per citation
24 MMC 10.04.210: Parking on a Hill over 3% Grade without Turning
Wheels
$63 per citation
25 MMC 10.04.220: 72 Hour Parking Limit $63 per citation
26 MMC 10.04.225: Overnight Parking in a Commercial Zone $63 per citation
27 MMC 10.04.227: Living in a Vehicle $63 per citation
Fee Description
Resolution No. 2025-___
Page 3 EXHIBIT A
125
City of Moorpark
PARKING CITATIONS
Fine Charge Basis NoteFee Description
28 MMC 10.04.240(a): Commercial Vending near Schools $63 per citation
29 MMC 10.04.240(c): Commercial Vending with Noise-Making Device
near School
$63 per citation
30 MMC 10.04.250: Parking or Stopping in a Loading Zone $63 per citation
31 MMC 10.04.260: Parking or Stopping in a Passenger Loading Zone $63 per citation
32 MMC 10.04.300: Commercial Vehicle Parking in Residential Area $63 per citation
33 Late Penalty Fee (after 14 days of mailing of parking violation) $10 per citation
34 Convenience Fee for Online/Telephone Payments $4 per citation
35 Administrative Fee in lieu of collecting a fine for a citation for failure
to display a disabled placard, where the individual who received the
citation can show proof that he/she had been issued a valid placard
at the time the citation was received
$25 per citation
36 California DMV Administrative Service Fee for recording the Notice
of Delinquent Parking/Toll Violation on vehicle registration
$4 per citation
37 Indigent Payment Plan Fee $5 per citation
Resolution No. 2025-___
Page 4
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