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HomeMy WebLinkAboutAGENDA REPORT 1993 0908 CC SPC ITEM 11CAGENDA R E PORT C = TY O F MOORPARK TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: August 9, 1993 (Council Meeting 8- 18 -93) ITEM IC ' "1,'-)RFA1)K, CALF Or ACTION: SUBJECT: Consider an Ordinance Amending Section 10.04.190 of the Municipal Code Pertaining Parking Prohibitions pWP4QMiawl This requests adoption of an ordinance to clarify the enforcement of parking restrictions. DISCUSSION Section 10.04.190 of the Moorpark Municipal Code sets forth certain parking restriction. Those restrictions are, for the most part, the same parking restrictions set forth in Section 22500 of the California Vehicle Code. Adding these parking restrictions to the Moorpark Municipal Code allows for any fines imposed for the violation of these provisions, to be directed to the City. The purpose of the proposed draft ordinance is to amend Section 10.04.190 by adding to and /or clarifying these parking restrictions in order to improve such enforcement. The proposed revisions to Section 10.04.190 are summarized as follows: • Paragraph J: As presently worded, this paragraph identifies only "NO PARKING AND NO STOPPING ANYTIME ZONES" as subject to parking enforcement under the Municipal Code. It is recommended that this paragraph be revised to include all parking and /or stopping restrictions established by a Resolution of the City Council. If the Ordinance is adopted, the existing language would be expanded to include "Permit Only Parking Zones" and parking restrictions for specified times of the day. • Additional Language: It is also recommended that certain paragraphs of Section 22500 of the California Vehicle Code which are not now included in Section 10.04.190 of the Moorpark Municipal Code, be added. These additional paragraphs restrict parking in Bus Loading Zones, on bridges and in front of handicap access ramps. prk_ord2 Ordinance: Parking September 1993 Page 2 RECOMMENDATIONS Approve ordinance for first reading. prk_ord2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTION 10.04.190 OF THE MOORPARK MUNICIPAL CODE PERTAINING TO PARKING PROHIBITIONS THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10.04.190 of Chapter 10.04 of the Moorpark Municipal Code is hereby amended by deleting paragraph J and adding a new paragraph J to read as follows: "J. Any area or zone where parking or stopping of a vehicle for all or any part of any day is restricted or prohibited by a Resolution of the City Council, provided any such area or zone is designated by signs or markings giving notice of such parking restriction or prohibition." SECTION 2. Section 10.04.190 of Chapter 10.04 of the Moorpark Municipal Code is hereby further amended by adding thereto certain additional paragraphs as to read as follows: "N. Alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by sign or red paint on the curb erected or painted by the City pursuant to a Resolution of the City Council. O. Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. P. In front of that portion of a curb which has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk and which is designated for wheelchair access by either a sign or red paint on the curb pursuant to a Resolution of the City Council." Section 3. The City Clerk is directed to certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law. PASSED AND ADOPTED this day of , 1993. PAUL W. LAWRASON JR. I HEREBY CERTIFY that the foregoing Ordinance by the City Council of the City of Moorpark at a thereof, held on the day of following vote of the Council: AYES: NOES: ABSENT: ATTEST: City Clerk of the City of Moorpark was duly regular _, 1991, adopted meeting by the August 17, 1993 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Burke, Williams & Sorensen 611 West 6th Street, 25th Floor Los Angeles, CA 90017 Att: Cheryl Kane, City Attorney re: Ordinance Amending Chapter 10.04 of the Municipal Code Dear Cheryl, This is in response to your letter of August 13, 1993, regarding the proposed subject Ordinance. 1. Section 10.04.190 of the Municipal Code already exists. It adopts by reference a portion of CVC Sec. 22500. I believe that it is common practice for municipalities to codify these parking restrictions, possibly for the purpose of making the City's bail schedule applicable to violations. If your opinion that CVC Sec. 21 precludes Cities from doing this, consideration should be given to repealing Section 10.04.190 in its entirety. 2. SECTION 1 of the draft Ordinance revises Paragraph J of Section 10.04.190 by expanding the focus of the parking violation from just NO PARKING and NO STOPPING zones to all parking restrictions enacted by a Resolution of the City Council. This will allow the traffic enforcement officers to cite this section for violations of parking restrictions for a given time period. In order to clarify the question of authority raised in your letter, I have inserted some additional wording. Please refer to the enclosed revised draft ordinance to review the additional language and its context. 3. SECTION 2 of the draft Ordinance merely makes Section 10.04.190 of the Municipal Code more complete by adding thereto language in CVC Sec. 22500 which is not currently included in the Municipal Code. PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E WOZNIAK Mayor Mayor Pro Tom Counalmember Counalmember Counaimember �1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING SECTION 10.04.190 OF THE MOORPARK MUNICIPAL CODE PERTAINING TO PARKING PROHIBITIONS THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10.04.190 of Chapter 10.04 of the Moorpark Municipal Code is hereby amended by deleting paragraph J and adding a new paragraph J to read as follows: "J. Any area or zone where parking or stopping of a vehicle for all or any part of any day is restricted or prohibited by a Resolution of the City Council, provided any such area or zone is designated by signs or markings giving notice of such parking restriction or prohibition." SECTION 2. Section 10.04.190 of Chapter 10.04 of the Moorpark Municipal Code is hereby further amended by adding thereto certain additional paragraphs as to read as follows: "N. Alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by sign or red paint on the curb erected or painted by the City pursuant to a Resolution of the City Council. O. Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. P. In front of that portion of a curb which has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk and which is designated for wheelchair access by either a sign or red paint on the curb pursuant to a Resolution of the City Council." Section 3. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all portions thereof, irrespective of the fact that any one or more of said portions may be declared invalid or unconstitutional. Section 4. The City Clerk is directed to certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law. PASSED AND ADOPTED this day of PAUL W. LAWRASON JR. 1993.