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Home My WebLink AboutORD 397 2011 0202ORDINANCE NO. 397 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTERS 8.52, STORMWATER QUALITY MANAGEMENT; 9.08, OFFENSES AGAINST PUBLIC DECENCY; 9.16, OFFENSES INVOLVING MINORS; 10.04, TRAFFIC CODE; 10.08, PRIVATE ROADS AND PARKING FACILITIES; AND 10.20, SKATEBOARD, MOTORIZED SKATEBOARD, SCOOTER, MOTORIZED SCOOTER, ROLLER SKATE AND IN -LINE SKATE REGULATIONS; ADDING ARTICLE VII IN CHAPTER 10.04, BUS ZONE LOCATION EXCEPTION; DELETING 10.04.270, BUS ZONES; DELETING SECTION 10.04.340, VIOLATION — PENALTY; ADDING SECTION 10.04.360, BUS ZONES; AND ADDING SECTION 10.04.270, PROCEDURES FOR PROCESSING PARKING VIOLATION CITATIONS OF THE MOORPARK MUNICIPAL CODE WHEREAS, on August 23, 1996, the City Council adopted Ordinance Number 218 identifying Code Violations, Penalties and Enforcement (Code Violations) to be set forth in Chapter 1.12 of the Code; and WHEREAS, on October 11, 2006, the City Council adopted Ordinance Number 340 renumbering Code Violations to Chapter 1.10 and renaming Chapter 1.12 as Nuisances; and WHEREAS, not all Code sections referring to Chapter 1.12 Code Violations were amended to refer to Chapter 1.10 at the time Ordinance Number 340 was adopted; and WHEREAS, Section 10.04.340, Violation — Penalty, is duplicative of Section 10.04.030, Violation — Penalty; and WHEREAS, Chapter 10.04 of the Code sets forth conditions under which parking violation citations may be issued; and WHEREAS, the City desires to establish consistent and appropriate references throughout the Code; and amend section 10.04.270 in Chapter 10.04 to require written procedures for processing parking violation citations consistent with Section 40215 of the California Vehicle Code; and WHEREAS, existing Section 10.04.270, Bus zones, erroneously appears in Article III, Stopping, Standing and Parking, of Chapter 10.04, and City desires to add Article VII, Bus Zone Location Exception to the Code to contain the language currently found in existing Section 10.04.270 Bus zones which will be deleted; and Ordinance No. 397 Page 2 WHEREAS, the City Council has determined the following with regard to Chapters 8.52, 9.08, 9.16, 10.04, 10.08, and 10.20 of the Code: The Code shall be amended: 1) to amend certain sections of the Code to refer to Chapter 1.10 Code Violations instead of Chapter 1.12 Nuisances; 2) to amend Section 10.04.270 of the Code to address Procedures for processing parking violation citations, in Chapter 10.04; 3) to add Article VII, Bus Zone Location Exception to Chapter 10.04 of the Code; and 4) to add Section 10.04.360, Bus zones to Article VII of Chapter 10.04 in the Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.52.180 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: "8.52.180 Violation - Penalty. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.10 of this code." SECTION 2. Section 9.08.410 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: 119.08.410 Violation - Penalty. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.10 of this code." SECTION 3. Section 9.16.020(f) of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: "9.16.020(F) Violation - Penalty. Each and every violation of the provisions of subsections A, B, and C of this section is a misdemeanor /infraction and is punishable by fine or imprisonment as specified by Chapter 1.10 of this code." SECTION 4. Section 10.04.030 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: Ordinance No. 397 Page 3 "10.04.030 Violation - Penalty. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.10 of this code." SECTION 5. Section 10.04.340, Violation — Penalty, of the Moorpark Municipal Code is hereby deleted in its entirety. SECTION 6. Section 10.08.020 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: "10.08.020 Violation - Penalty. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.10 of this code." SECTION 7. Section 10.20.040 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: "10.20.040 Violation - Penalty. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.10 of this code." SECTION 8. Section 10.04.270 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: 1110.04.270 Procedures for processing parking violation citations. The city manager shall establish written procedures for processing parking violation citations consistent with Section 40215 of the California Vehicle Code." SECTION 9. Article VII, Bus Zone Location Exception, is hereby added to Chapter 10.04 of the Moorpark Municipal Code and Section 10.04.360, Bus Zones, is added to Article VII to read in its entirety as follows: Ordinance No. 397 Page 4 "Article VII. Bus Zone Location Exception 10.04.360 Bus zones. The city engineer is authorized to establish and locate bus zones within fifty (50) feet of any intersection when such zones are found by him /her to be necessary and will not cause a safety hazard." SECTION 10. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 11. This Ordinance shall become effective within thirty (30 days of its passage and adoption. SECTION 12. 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 the adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Ventura County Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 2nd day of February, 2011. ATTEST: 17� Maureen Benson, City Clerk r 4 Ja ice S. Parvin, Mayor Ordinance No. 397 Page 5 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. 397 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of February, 2011, and that the same was adopted by the following vote: AYES: Councilmembers Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Mikos ABSTAIN: None WITNESS my hand and the official seal of said City this 16th day of February, 2010. Maureen Benson, City Clerk (seal)