HomeMy WebLinkAboutORD 411 2012 0201ORDINANCE NO. 411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTION
10.08.010, APPLICABILITY OF PROVISIONS, OF
CHAPTER 10.08, PRIVATE ROADS AND PARKING
FACILITIES, OF TITLE 10, VEHICLES AND TRAFFIC, OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, Sections 10.08.010.A and 10.08.010.13 of Section 10.08.010,
Applicability of Provisions, of the Moorpark Municipal Code (MMC) require updating for
consistency with the California Vehicle Code (CVC); and
WHEREAS, proposed revisions to Section 10.08.010.A include deleting
reference to an attached exhibit and the Varsity Park Shopping Center and adding a
description that privately owned and maintained roads are herein described as including
all those designated by city council resolution as subject to the provisions of the
California Vehicle Code, unless the owner has caused to be erected a notice consistent
with Section 21107.6(b) and any sections amendatory or supplementary thereto; and
WHEREAS, proposed revisions to Section 10.08.010.13 include deleting
reference to an attached exhibit and the Varsity Park Shopping Center, adding a
description of privately owned and maintained off - street parking facilities as including all
those designated by City Council resolution as subject to the CVC, and deleting
reference to CVC Section 22507.8; and
WHEREAS, deletion of reference to CVC Section 22507.8 in MMC Section
10.08.010.13 will allow for the enforcement of handicapped parking restrictions in all off -
street parking facilities open for use of the public for purposes of vehicular parking,
consistent with CVC Section 21107.8(d); and
WHEREAS, CVC Section 21107.8(d) specifically states that Section 22507.8
may be enforced without enactment of an ordinance or resolution as required under
subdivision (a) or the posting of a notice at each entrance to off - street parking facilities;
and
WHEREAS, a public hearing on this matter was convened pursuant to the
requirements of CVC Sections 21107.6(a) and 21107.8(c) and notice of said public
hearing was provided to the property owner of the Varsity Park Shopping Center as
required by the CVC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
Ordinance No. 411
Page 2
SECTION 1. Section 10.08.010, of the MMC is amended in its entirety to read as
follows:
"10.08.010 Applicability of provisions.
A. Pursuant to the provisions of Section 21107.6 of the
California Vehicle Code, and any sections amendatory or supplementary
thereto, the city council finds and declares that there are privately owned
and maintained roads within the city, which are generally held open to the
public for purposes of vehicular traffic to serve commercial
establishments, and such privately owned and maintained roads are
herein described as including all those designated by city council
resolution as subject to the provisions of the California Vehicle Code,
unless the owner has caused to be erected a notice consistent with
Section 21107.6(b) and any sections amendatory or supplementary
thereto .
B. Pursuant to California Vehicle Code Section 21107.8, and
any sections amendatory or supplementary thereto, the city council finds
and declares that there are privately owned and maintained off - street
parking facilities, including those owned and maintained by the city, which
are generally held open for use of the public for purposes of vehicular
parking, and such privately owned and maintained off - street parking
facilities are herein described as including all those designated by city
council resolution as subject to the California Vehicle Code. Sections
22350, 23103, 23109 and the provisions of Division 16.5 (commencing
with Section 38000) of the California Vehicle Code shall apply to such
privately owned and maintained off - street parking facilities, provided that
the owner or operator has caused to be posted in a conspicuous place at
each entrance to that off - street parking facility a notice as required by
Section 21107.8(b) of the California Vehicle Code and any sections
amendatory or supplementary thereto."
SECTION 2. Severability. If any section, subsection, subdivision, sentence,
clause, or portion of this ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall become effective thirty (30)
days after its passage and adoption.
Ordinance No. 411
Page 3
SECTION 4. 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 minute of the passage and adoption thereof in the records 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 1 st day of February, 2012.
ATTEST:
Maureen Benson, City Clerk
J�J�aice Parvin, Mayor
Ordinance No. 411
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 411 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 1 st day of
February, 2012, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 10th day of Feburary, 2012.
Maureen Benson, City Clerk
(seal)