HomeMy WebLinkAboutAGENDA REPORT 1993 0616 CC REG ITEM 11CITEM fla e .
CITY OF MOORPARK
CITY COUNCIL AGENDA REPORT
TO: The Honorable City Council
FROM: Donald P. Reynolds Jr., Administrative Services Manager
DATE: June 10, 1993
SUBJECT: Consider Adoption of an Urgency Ordinance Changing
Parking Violations from a Criminal to a Civil Infraction
Staff has learned that the County of Ventura Court will no longer
be hearing the protest of parking violations effective July 1,
1993. In response to this information, staff has drafted an
urgency ordinance as presented in Attachment "A", which
decriminalizes parking citations and allows the City to adjudicate
protests without the court as a civil procedure. Attachment "B" is
the permanent replacement to this ordinance, to be effective August
7, 1993.
Background
Assembly Bill 408 mandates that the court systems throughout the
State cease their hearing process for parking violations between
July 1, 1993 and January 1, 1994. By doing this, the law states
that the parking citations will become decriminalized, (becoming
civil offenses) on July 1, but allows cities to phase into this
program and have a final administrative procedure in place by
January 1, 1994. Attachment "C" is a letter from the City of Ojai
to the County which provides the language of the law describing
this six month grace period, and also expresses the general
concerns of most cities.
On June 2, 1993, the City Council authorized the City Manager to
enter into a joint powers agreement with the City of Thousand Oaks
for the adjudication of parking citations. This will allow staff
to consider draft agreements for the services related to hearing
protests to parking citations, and share these service with
Thousand Oaks and other east Ventura County jurisdictions.
On June 8, 1993, in a meeting between the jurisdictions of the east
County, staff learned that an ordinance to remove the criminal
nature of parking citations was needed to avoid having a gap
between the court ending its hearing process and the initiation of
the City's adjudication process. The Thousand Oaks ordinance to
accommodate these changes to their codes will become effective July
1.
Mol 1 -7�'
1,y
Discussion
Staff is presenting the attached ordinances in order to stay ahead
of any adverse impacts that may ultimately result from the County
Court's decision not to hear cases after July 1. By adopting this
ordinance on June 16, 1993, the City can work in conjunction with
Thousand Oaks which is taking steps to develop an adjudication
process, whether or not the County changes its decision pursuant to
the request of the City of Ojai, (Attachment C). If the County
does not change from its current position, the City will have a
clean transition from the end of June to the beginning of July,
which provides a format for hearings of all protested citations
which occur during this time. The standard ordinance is presented
in Attachment "B" to establish a permanent transition 30 days from
the second reading, (August 7, 1993).
It is not clear whether the court will end hearings effective July
1, or will end hearing citations written after July 1. Currently,
protested citations are scheduled one to two weeks ahead of the
request to allow the court time to schedule the case for hearing.
If the courts end all hearings on July 1, the City will have to
delay protested citation hearings requested in the latter part of
June, until the adjudication system is established.
At the meeting of June 8, staff representing the cities of
Camarillo, Oxnard, Simi Valley and Thousand Oaks agreed that the
local adjudication process should be established as soon as
possible. Within one week, recruitment will begin for a hearing
officer coordinated by the staff of Simi Valley for the shared
purpose of hearing east Ventura County cases. Certain specifics,
(such as the compensation, location of hearings, or number of
hearings per month) , have not been finalized at this time, and will
be contingent upon the response to the request for services.
Emphasis was placed on a bi- lingual person for this position.
In the meantime, the City of Thousand Oaks plans to develop two
agreements; one for the hearing officer's services, and a second
for separate agreements with each city which chooses to
participate. The administrative costs will be determined after
retention of the hearing officer, determination of the support
staff and once a hearing site has been identified. Staff
anticipates that the Council will need to consider amending the
current bail amounts for citations, in order to account for these
costs. There will no longer be a need to coordinate changed bail
amounts with the court.
2
Staff will continue to identify more details from the County
regarding their decision to end all parking citations hearings in
July, and report any findings to the Council on June 16.
Recommendation
That the City Council adopt the Urgency Ordinance presented in
Attachment "A" and the Ordinance presented in Attachment "B" in
order to decriminalize city parking citations.
Attachments: A) Urgency Ordinance Decriminalizing Parking
Citations
B) Ordinance Decriminalizing Parking Citations
C) Letter from Ojai and a Summary of AB408
3
Attachment "A"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTED ON AN URGENCY BASIS, AMENDING
SECTION 1.12.010 (A) TO THE MOORPARK MUNICIPAL CODE AND
ADDING SECTION 10.04.031 TO THE MOORPARK MUNICIPAL CODE
CREATING CIVIL PENALTIES FOR
PARKING AND OTHER VIOLATIONS OF THE VEHICLE CODE.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 1.12.010 (A) is hereby amended to read
as follows:
1.12.010 Violation - -- Misdemeanor A. Except for parking
violations of Chapter 4 of Title 10 of this code, it is unlawful
for any person to violate any provision or to fail to comply with
any of the requirements of this code adopted by the City by
reference or any provision of any ordinance of the City not
included within this code. Any person violating any of such
provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by the City by
reference or any other City ordinance shall be guilty of a
misdemeanor, unless such violation is specifically designated as
constituting an infraction or a misdemeanor /infraction.
SECTION 2. Section 12.4.031 is hereby added to the
Moorpark Municipal Code to read as follows:
10.4.031 Civil Penalty. Any violation of this article and any
violation under the California Vehicle Code for the parking or
standing of a vehicle on a street, highway, alley, parking lot or
other patrolled area in the City (including any concurrently issued
improper vehicle equipment violation) shall be subject to a civil
penalty plus the administrative charges or penalties as permitted
by the California Vehicle Code.
The various penalties shall be in the amounts as set forth in
a resolution of the City Council of the City of Moorpark which
pertain to infractions of this Chapter.
SECTION 3. This Ordinance shall be effective on July 1,
1993, and expire and be of no further force and effect as of August
19, 1993, unless sooner extended after notice pursuant to
Government Code Section 65090 and a public hearing.
SECTION 4. 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 5. The City Clerk shall certify to the passage and
adoption of this Ordinance by not less than a four - fifths vote of
the City Council; shall enter the same in the book of original
ordinances of the 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, within
fifteen (15) days after the passage and adoption thereof, cause the
same to be published in the Moorpark News Mirror, a weekly
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 day of June, 1993
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Hare, City Clerk
Attachment "B"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTION 1.12.010 (A)
TO THE MOORPARK MUNICIPAL CODE AND
ADDING SECTION 10.04.031 TO THE MOORPARK MUNICIPAL CODE
CREATING CIVIL PENALTIES FOR
PARKING AND OTHER VIOLATIONS OF THE VEHICLE CODE.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 1.12.010 (A) is hereby amended to read
as follows:
1.12.010 Violation - -- Misdemeanor A. Except for parking
violations of Chapter 4 of Title 10 of this code, it is unlawful
for any person to violate any provision or to fail to comply with
any of the requirements of this code adopted by the City by
reference or any provision of any ordinance of the City not
included within this code. Any person violating any of such
provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by the City by
reference or any other City ordinance shall be guilty of a
misdemeanor, unless such violation is specifically designated as
constituting an infraction or a misdemeanor /infraction.
SECTION 2. Section 12.4.031 is hereby added to the
Moorpark Municipal Code to read as follows:
10.4.031 Civil Penalty. Any violation of this article and any
violation under the California Vehicle Code for the parking or
standing of a vehicle on a street, highway, alley, parking lot or
other patrolled area in the City (including any concurrently issued
improper vehicle equipment violation) shall be subject to a civil
penalty plus the administrative charges or penalties as permitted
by the California Vehicle Code.
The various penalties shall be in the amounts as set forth in
a resolution of the City Council of the City of Moorpark which
pertain to infractions of this Chapter.
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 shall certify to the passage and
adoption of this Ordinance by a majority vote of the City Council;
shall enter the same in the book of original ordinances of the
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, within fifteen (15) days
after the passage and adoption thereof, cause the same to be
published in the Moorpark News Mirror, a weekly 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 day of June, 1993
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Hare, City Clerk
-ATTACHMENT-"C"
--------- - - - - --
-------------
CITY OF OJAI
'9 401 SOUTH VENTURA STREET
P.O. BOX 1570 /OJAI, CALIF. 93024
v TELEPHONE (805) 646 -5581 iwQ�'j�
4 June 1993 ��F O R� FAX (805) 646 -1980 1 "%,?
Mr. James L. McBride
County Counsel
800 South Victoria Avenue
Ventura, California 90009
Dear Mr. McBride:
I was surprised to read in the Los Angeles Times (June 4th) your
interpretation that the courts were out of the parking ticket business
effective July 1, 1993. Based on inforrnation from the League of California
Cities, Ojai, and I think most cities, understood AB 408 to require a
transition period from July 1, 1993 to December 31, 1993.
I am enclosing excerpts from the Legislative Summary, the League of Cities
Summary, and what I think are the relevant portions of Legislative Counsel's
Digest of AB 408. The materials clearly indicate that during the period July
1, 1993 to December 31, 1993 a city could have the courts continue to
hear contested citations (on a non - criminal basis).
Ojai is working with Santa Paula and Fillmore to implement this program on
a cooperative basis. We sent a representative to the League of Cities
seminar on "How To Implement AB 408" just this week. The message in
this seminar announcement was that we have until January 1 st, 1994.
None of our three cities have received any notification from the Courts on a
July 1st transfer date. This certainly does not seem to be the "orderly
transfer" contemplated in the legislation. Further, the cities and the County
discussed this issue in March at the monthly managers meeting. Again, the
clear assumption was that the operative date is January 1, 1994. We have
heard nothing to the contrary in the months since, until now.
While we might be able to throw a program together by July 1st, it would
be much preferable to have until January 1, 1994. Perhaps you could
review this again and give me a call. If a meeting to help enable transfer
would be appropriate, I will help arrange it with the cities. Jim, thank you
for any assistance you can provide in resolving this.
Sincerely,
S
Andrew S. Belknap
City Manager
Enclosures
c: Ventura County City Managers
Richard Wittenberg; CAO
Sheila Gonzales, Exec. Officer, Ventura Co. Courts
Monte Widders, Ojai City Attorney
C, I
California State Asse=bly Bill 408
1992 Legislative Session
_ -.- Governor rece nv sicned Into law assembly Bill 4C6 wh ch
de'_rlillnaliZes park_rg cita or - S, removes parking Citation
OrcCessina frOMIL the courts, and establishes a system of
admi.._strat_ve ad-" ucication for �.iese of— Tenses. Decriminalizat_on
cf pa_.,ing citations will comnle e -he departure of parking
citations from the criminal justice system. It will replace the
present costly and ineffective threats of criminal prosecution for
unpaid parking citations with a co:icir_aticn of 7D1V regi straticn
collections and a streamlined civil judgements process.
Ad.mir_istrative adjudication will replace t::e complex criminal court
process with procedures that require a no- charge review of
citations by the parking agency, offer a mail -in or personal
conference with a hearing examiner, and permit a final review by a
civil court. 'Under this system, parking enforcement officers will
not have to arQec_r for hearings on c:, _tested citations.
A3 408 will become effective July 1, 1993. The legislation
rern:ires that by January 1, 1994 most parking agencies shall assume
responsibility for parking citation processing and that all parking
agencies fully implement a parking citation_ hearing examiner
prograM. Between July , 1993 and im,ole_mentation of the hearing
exa_:,i ner program, but not later than January 1, 1994, the court iS
rec- - -red to provide the hearir_g examiner reviews. The legislation
includes revisions in the mandated .._Strib'.'_tion of parkin Citation
revenue.
P ^SSIBLE ORGANIZATION PLAN
ablis:._ng -he parking ..nation healing program will be a complex
effort that, as mandated by state law, must be co:rpleted by January
A hi g= ly crual- Tied and experienced ad^ inistrat�ve staff
w_ �1 be needed to lead t:-e _. _emen Cation e`_for A _ re =imi nary
__st of _mple..-men Cation tacks _s as follows.
1F parking citations are �,einc processed by a court, develop
plans to transfer respcnsiniiity for citation processing from
the court to the processing agency;
Develop detailed organizational and budget plans for this new
program,. It is anticipated tb_at the hearing examiner program
will rec7uire * ** (to be dete='ned by the parking agency) new
pos i t i o:_s .
Prepare detailed policies a::c procedures for the hearing
exam:— ers to follow when cc-nducti nc hearings
(,
x* xY1'* x�t 'kik *Yriticrr,tlrkl� * *x * * *�, tit *lr,t *7cx,t *trot *�t * * * *xx *x1[ * ** �Irkx *�t�t *,t,t�k�t*yt,t,r *,tk� it *fr *x*
* L EGf -TECH B -_.L TEXT RE:'FRT 01/03/93
-------------------------------------------------------------------------- - - - - --
,''.B 408
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
i9
20
21
22
23
24
25
26
27
28
29
30
31
32
33
4
6
3S
40
41
42
43
44
45
46
47
48
49
50
PAGE
1-244.n act to amend Section 1463.28 of, and to repeal Sections 1462.3 and
1463.009 of, the Penal Code, and to amend Sections 22651, 22651.7, 40200,
40200.4, 40200.5, 40202, 402C3.5, 402041 40205, 40206, 40206.5, 40207,
40209, 4021C, 40211, 40220, 40221, 40224, 40225, 40510, 40519, and 40521
of, to repeal Sections 40200.1, 40200.2, 40226, and 41102 of, and to
repeal and add Sections 40200.3, 40200.7, 40215, and 40230 of, the
Vehicle Code, relating to vehicles.
Approved by Governor September 29, 1992
. Filed with
LEGISLATIVE COUNSEL'S DIGEST
AB 408, Epple. Vehicles: traffic violations.
(1) Existing law contains procedures governing the procedure for the
enforcement and criminal prosecution of any violation of a standing or
parking offense. Those provisions provide, among other things, for an
issuing agency to post notice of a par�:ing VlolatiCn, Serve Cr mall a
notice of delinquent parking violation, set, collect, and dispose of
parkin penalties and administrative fees, _file notices of parking
violations with the Department of Motor Vehicles for collection, and file
complaints in court for criminal prosecution of the unlawful standing or
parking offense. Existing law also authorizes agreements for the courts,
other issuing agencies, or private vendors to process administrative
parking penalties for issuing a-encies.
This bill would revise and -_cast those procedures by generally
providing that any violation of an unlawful standing or parking provision
of law shall be s'.:bject to a civil penalty schedule established by the
governing body of the jurisdiction
violation is issued, and that the e
governed by a revised civil prccec.0
investigation and review procedure
a ;peal process.
The b1* 11 woulc'' sce::i' ica , _'v
processi ^g notices of par }:ing'
parking violations to provide in an
the processing activity as soon. as
1994, wit:: a 'limited exception for
Counzv. The bill would delete the
contract with a municipal or justic
par}:ing violations.
The bill would make.
The bill sets forth
The bill would impos
duties and resaonsibili
and arkin�: vyoiat_ons.
The bile would become operative
concerning the establishment of an
phased in, and fully implemented by
(2) The California Constitution
in which the notice of par } :ing
nforcenent of those penalties shall be
re, including an administrative
and an administrative and judicial
reauire e
violations
ac: ^. ccur,, _?gat has been
anc: notices of delinquent
aareement for the orderly transfer
possible but not later than January
Contra Ccsta County and San, Mateo
authority for an issuing agency to
e court fcr purposes of processing
conforming changes.
certain legislative findings and declarations.
e a state - mandated local program by reallocating
ties for enforcement and processing of standing
on July 1, 1993, with
administrative review
January 1, 1994.
requires the state to
of
the provisions
procedure to be
reimburse local
DELETED MATER1rL wS 1ti BRACKETS r'. ADDED V_;ATERIAL IS CAPITFLIZED
C3
U ,O l;, �.� ti, l..li �, t•, h.,) t.) r 0) j ,. ;, �_r, r• �., r•., ! O q) Cl) J a, U1 I- r,j tV I- (D t0 W -1 O, LA J> W tJ 1- O
J w rt I n o o n O
J" J (n O f-' . r t, U n
O r t N m Ul G r t G n
I- Y• -- F--' ti r J W
w n n,I - -'m N- rt - N rt(] ri
rt m — rt J Y- IS'< If
Y• U1 tQ O k-Q m Q,
O O ` (n Y - F'- Ca,
J O (n < O_ (n :-I :T
U) I I) N (D rt tQ rt dl N Ft)
.1 tl O (D rt ti n-
R1 'd ::t J J I-. < C-)
JN',I Nmm0Y•N O
I1. ti Ii w J Y rt 0 :J
w J CLm n- I -n rt
rtY•J -< m O Pt 0 t1
J'Jn Y• (oitJN
m ,Q 1 -', 0 JJ f i I'- rt
(n O n G rt O if n
L7 n J t- Ij `< 0 :j N O
U Y O f t C. In rt m n in
Ln O t-1 n, G 111 't' ( t ( t.
Y• 1- :. a Y- a N m N N
N rt :3 rt ,Q ft (), J n
0 I'• Y. (n n Y• O
:1 0 L4 rt 0 In :J m f.
(n :) f.. m G U :t m O r t) J
Ln ILI J rt r: (I It, r t
n N rt m ft
rt o f -'(D :t I J n n
J r i c,) (D r 1) m( t O
rr n. n m O (D (1) tj
n r1, rt a o
OJ(: C) rt,QOJ to
U) 0' 1 Y I -' fl 0 (D t t) N
m (t rt J k IN :7 C J
Y • ( t tD U1 'd n n, Cu
m n (D O a) tt C m J
Nm10 - OU I't:N
'U Ln 'TI M t-, < s: Y-N rt
I -' 1- O w I-'• H. :j t j m
0 0 (3 ti tt) (1 0,rt,Q`< 0
`< " .< rt IT m ;T G
m m rtmm I -'mF'n
m n.m'.TIi rtJ:7- U
(nmutm n:T rt �
to?;00 rt t J
CO P. m ('D :_T" J U) J "L7 tD r t
:7' J J Y- rt m m N (D'<
a ,Ca ,Q UI n 11 tl "
F a m J V) Id r�'`
F m tQ I n (D N Y- 0
J m < (n 0 Ii Ii J (t if
tT ft n, Y- m C ft tQ O
m n n N Y Y• N
L1YmrtJnn <'Lj
r t a J (n r- n, (D G I ti n
r( ti O U) 1-- O O 0
N xv J N w Vn r:
Jt tS :10tiNmti
InJ0 ` <0 rt (n rt
I t tQ n O n 1-' • U)
m (D 5) (t00 Y
Ft
in OmmJ(n0
m P. J rt rt m
Cl, J to p. 'C rn Y ice.
tQ r o n rt
rt m O Ii m 'Y
0 J ti m m
(t w It
U1
L
( :I: r t <: O r t 'U r t (j a 1.- Q, N ( t< rt n U'I 'L) 0'
(n O a m n• r t '0 m 'U `j'Ll n 'rJ
I• ti I 1 h U m 'I O tQ
UI m :-r 1•.'-1 O :T C- (D
G M LQ
rA m O C; rt, m ON N 1- N
C) N r Ii (D
(n
ri to I -�n (D () (D 7 N UY ri
U m
IWEI f rt):j O`< rt rt
J, I.. • J LT' (n
UI
m r, Y• 0 N 1, (n rt I-' I.- U1 m
N m J
m O ft W m a U N `< 11
s'U1 N0 m0nYmY-JC:U
-0N0 ?t*)tjI-Y•'Un
at,nnw7T
nI'OCT n
N ! t rt rt :j O
t7
*E1 :i ,Q J " w rt r r) n O (] m (D
n v <
rt Y_ Y- a ft rt 1--' O 1�
m f, I,- N J (:
I -'
m tO G rt I I Y ti O• 1-- t7 n Y•
I -• rr U1 J Y'< m tj
rj 0 n n m Ii
m
U (D `< `; 0 m O I- m Vi Y• <
< m rt C O Ln
r} J m ,Q IJ rt
rt w J M Y J !i r m m M m
M>]
m t1 Y m M (t () D
N rt U) Ul C --
it
tO rt J X :j �` I' Ii 5 n Y• CL
Y• ]
7 rt J O U N
rt 'r t' rt
G
m N n tci J N N O m
U m
W Y• n U CT Y- 1-3 C I-
ri (D I -t, 0' i (D O
(t
0 J 'U (n m 0 t- n, rt n, a
n
M J t i (D n Y- a `1 I-
O U 1,) m, Q
t 1 n a 'U 'U r f I__ rn N m a J
a
rt m (n rt :7 rt ( t
(1 t_ '()
J
`C rj t7 rt m w m J t7 C1
I✓ ti
m rt a m i 1- n ` : U'
li 'U Y-:;
0
rt` Y(D J I--vi 0 O.0) a`<
O
ti �:rU) n m I-- (D 0 m
rt 0 ft a P'U w
rI
J P- (D N N N (i ti 1 Q,
1< n
m m (t m (1) C E
n n J tl J :3 U1
(D rt J J N )- rt I•• rt N (l, rt Y
m m
C4 P. J CO J :j- Q.
m m> m m
1-
'.7,ci rt m U1 r30'1I- J' Ln
a In
r Q 1-•O N rt m m
rt U1 Y n J
N
O (D ILI'0'< ti J J (D IJ Ln m rt
ti (n
I- m J J (n rt 0 `< 1i 'U
;rM I,.J 0 (t O
ri
ti ti ti (l,m w :r n
Y
'C J m rt tt m n
m I' (n tQ :1 f,
m
O. F ,'- O 0 X, rt G Atn tr w Y-Y
(n J
m U" 1J 'LS ti U
:j Ln rt (t
II
m In 0 0 m'17 O ti I-, f- N I7
ID 4
1' ti w r, rt I,- rt r rt I
I-,rn r< (D w`
tl (n 1- (D Y• U) a I( r) a (D N (n G
rt
a 1' C) (D t7 J ti J (I
(n I-- Y -1 J
rt
11 r a U) C1, J ri O O :J - G rt
rr a
r w 0 G (D Un m m
D) r!, J U 'U t]. a
J
Y ft U1 m Fi J' n O Cl, tr Y• m
Y Q
I -' U, rt G LL
G t: tc) I--
J Y- Y• n, m n m m • G m J is
J m
tD It, U1 tV (D a Li a<
I' :j Cu R, t t, 1
J
0 ttl O :J n UI ;, n v. L7 tll `
tQ J
to G Jr m Ij t7" O J f,. f •.
J n N rt rt w
tj J trl Y• m n 0 G 0 a
n
N J a I- < r t 0 :J
tr) rt ,6 I -,. Y. n (t
f -r
N m J t- Q, O Y- 0 ti J m N rt
rt I'<
- fl• 1- 0 1- m m f -'
Y_ (D 0 0 1-. :j
N
tf) J C a G '7 t-h`C I -t.Q U
O
Y M O, ti rt G) r t
N 0 'J 'J :j I- m
J
m rr, 0 (n m `< J to ti Y- m IQ
ti v1
In - rt '1 U r t ;Y
�n J n in Y-
G
fiJ 0 rt rj C1 U'1 rt rt m < J m
rt
17 rt O � f'. (D
m `< n (f I-
a
n n Y - b'• '< N :T Q m n (t
'r II (D n o
J O N M I' In
ty
1 `< n CL N U) (D G ri '< J
F
1' J m tD a U J :J n'
n t* r J m LD
`C
CO m Y• "D (D m m m
(t T--'
N`C rt OJ :j rt N n
N (n
D N (n < rt U) :j C, in 0, 0 ti
J'
I j b Cr) 'i) 0 n
J n Y- m () m rt rj
(D 10
N Y-a m - I.. n (' (] v
I' J• m j t ' rt J
C1 Y• O UI ti (t' <: - rt V.
ti
() :y 'J J J 0 m ') t:
0 J m 11 U O :7 "t. ]
ri It) P. 'Y I' O ft I,•
J m
n (] U'1 a rt n n• li r: :7
Ij 0 ') w
1'
ft < O rt m m n (t J rt
t7
IS ti M I' U tj m tj ft
ftClrtL',q rta
tD
D:Y` 'U J J 'T 1-, O m (D 7
r1 N
G m m m I'tj
n m :rn I tQ
tf)
m a N m r, N m a
UIj
m a Il nUIV D) 0
0m'UYmrtrl mom')
NFj 0I' rtnnN
mm
N)1 OrNJ tl.l!
G NU1U1mN )
1n �^ F- UlI -'C) 7 :Y0J
Ii
rtmmn.1-(D t1.,..
Y- 0 N l 0 m J'<
N
O a (D I< n r t
rI I -If N 0 <
r Y J — U1 I o. CL P- (t
0 J
P. I-- ft O N 'r
< r I El tl l t, J 1.3
J U1 t(1 rt rt m (D n (f) n
r t)
rt J( t F :j J E) -5 l
<: m (t O N rt :Y
rt rt N 'U 0 V)
N
J O a •1 O,
z; '1 Y 0. 0 C U m
(n '-< I i < J Q, 0 0 P. r_ G I ' ::
n G
m '0 1-3 rt rt (D I'.
> rt n (D -( m
Y• I— P-• L a 11) (n Dl J H. I- (D
a a
w rt J Y J :I m to
m 1- 1-' �i U N
J N n O `< Y• rt J m tl
N Y-
U" J O to m 'LS n X (n
lj O m H. Y- U' Jtrl
Q
J" rt I-,— 'L7 rt w `< tQ ti
m rt
m T" m (n cD 0 Y- n r
m rt, J ft m a tj
N- a a, O tl :5 • P.
U) m
J Y• (D ntLJ Ii :J m I,.
Ct (J (D (n (D
a
t- rt -- r t) O s; (D Cu s J
CL
m J 0 ` N f t .() 'U 'I
rt rt C: (D J m m
n
1-- 0 Y•` n P. J G tQ It)
U
tt„11 O It, Ii Y- r t tQ
;.S' :J' r� rt. 'j �
rr
tl 0 rt m (t t1 n• m >-3 O
tj rl
I.'. r r 1 •. Y' 0 f:
m m 'Y :; ff N F' m
P
U J f'• J Ln ;T m I -,. J :r t1
O m
ft'O J .t J Y J I, rt N
(D (t 0 J :1
<
tl N (n t I) m U1 CL rt n Y• 5
0 'U
m r t R. n J rt '?'tl]
n rt,Q- rt
Y
O J Y -(t 01< (n N
m O
0 J`< Ln F-tQ O :Dr O m
P. N n 10 O 1✓
rt
<: '1 a s J :T f t t j . rt
rA Fi
M a G M (Jr) :I
0 1 -' U N ).'.0 (n
!
Y J 0tQ m U rj Y•
In rt
F-rf N L'1 U (n m (I
1 f '. G Il 't) 1i 11 7
010 CL n :1 m U
m
rt rt ri rt Y- N N(D `<
w Lh'i ";, 11 (D N
N
m rt O f t N n ti rt n'U J
n• w
J' Y- m rt < Y• J n U1
rt O rt IJ
(n
J J 1✓ : i 0 m :T O O
It
m m N I m I- < ft Y
t'• tj I ti 1✓
I'm0fi 'U>_ :a m'011rt
In(1)f
O J 0 to m o w
(n
J fi rt rt Y• w J n, Y• rt J
a rt
P. ( TJ N 'U O to
LI r J U, tiJ'UO
Y• Jljrt•• (D N
JJ"
(n Iir _�faJ rt
N N (n 0 m
0
w n:F.' :" `< (n Y•(t
a (D
In m rt 0 ti '.t
t -' Y J MIii
J
J m I -'• s Y• U1
C: ti N r `" 0
JmmFi
U) rt �
am
Y- tj' 'I Y.
tQ (D fl Y
N Y {Q a s
H J
'1 a 1- rt J
n, (t
(A
tJJ I
f� I
f� 1
a) 1
'U
3�
n
Id
o)
*t
*t
»r
xl
»t
xt
x(
»
»t
xi
»t
»
x�
x;
x;
x,
x
x;
x
»
»
x•
x
x
x
»
»
x
x
»
x
»
»
»
»
»
»
»
x
»
x
x
x
x
»
»
»
»
x
»
x
x
x
x
x
»c
x1
x
»t
xt
» L
»
»
M E M O R A N D U M
TO: The Honorable City Council
FROM: Donald P. Reynolds Jr., Administrative Services Manager
DATE: June 16, 1993
SUBJECT: Item 11.0 - Revisions to the Urgency Ordinance Relating
to Parking Citations
Please find attached revised versions of the urgency ordinance and
the non - urgency ordinance related to item 11.0 on tonight's agenda.
Staff implemented changes to the original draft in order to improve
the legal language of the proposed law. The intent of the
Ordinance has not changed.
Attachment "A"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, ADOPTED ON AN URGENCY BASIS,
AMENDING SECTION 1.12.010 OF THE MOORPARK MUNICIPAL CODE
ESTABLISHING THE APPLICABILITY OF A CIVIL
ADMINISTRATIVE PROCEDURE FOR PARKING
AND OTHER VIOLATIONS OF THE CODE.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 1.12.010 of the Moorpark Municipal Code
is hereby amended effective July 1, 1993, to read as follows:
1.12.010 Violation A. It is unlawful for any person to
violate any provision or to fail to comply with any of the
requirements of this code or the provisions of any code adopted by
the City by reference or any provision of any ordinance of the City
not included within this code. Any person violating any of such
provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by the City by
reference or any other City ordinance shall be guilty of a
misdemeanor, unless such violation is specifically designated as
constituting an infraction or a misdemeanor /infraction, except for
parking violations as specified in Chapter 10.04, Article III, of
this code.
B. Any person violating any provisions or failing to comply
with any of the requirements of Chapter 10.04, Article III, or any
other City ordinance pertaining to parking restrictions in the City
of Moorpark shall be subject to the civil administrative procedure,
as set forth in Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the California Vehicle Code.
C. Each person shall be guilty of a separate offense for
each and every day during any portion of which any violation of
such provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by the City by
reference or any other ordinance, continued or permitted by such
person, and may be punished accordingly.
The various penalties and fees shall be in the amounts as set
forth in a resolution of the City Council.
SECTION 2. Pursuant to Government Code Sections 36934 and
36937, the City Council of the City of Moorpark hereby declares
this Ordinance to be an Urgency Ordinance requiring immediate
enactment thereof. This Ordinance is found to be necessary for the
immediate preservation of the peace or safety of the general public
by allowing the City to address the adjudication needs of those
cited for a violation of Chapter 10.04, Article III, of the
Moorpark Municipal Code, which by State mandate, (AB408), will be
changed from being a violation which entitles a person to a
criminal trial in the first instance, to a violation subject to the
civil administrative procedure, as unilaterally implemented by the
County of Ventura, effective July 1, 1993.
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 shall certify to the passage and
adoption of this Ordinance by not less than a four - fifths vote of
the City Council; shall enter the same in the book of original
ordinances of the 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, within
fifteen (15 ) days after the passage and adoption thereof, cause the
same to be published in the Moorpark News Mirror, a weekly
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 day of June, 1993
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Hare, City Clerk
Attachment "B"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTION 1.12.010
OF THE MOORPARK MUNICIPAL CODE ESTABLISHING
THE APPLICABILITY OF A CIVIL ADMINISTRATIVE PROCEDURE
FOR PARKING AND OTHER VIOLATIONS OF THE CODE
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 1.12.010 of the Moorpark Municipal Code
is hereby amended effective July 1, 1993, to read as follows:
1.12.010 Violation A. It is unlawful for any person to
violate any provision or to fail to comply with any of the
requirements of this code or the provisions of any code adopted by
the City by reference or any provision of any ordinance of the City
not included within this code. Any person violating any of such
provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by the City by
reference or any other City ordinance shall be guilty of a
misdemeanor, unless such violation is specifically designated as
constituting an infraction or a misdemeanor/ infraction, except for
parking violations as specified in Chapter 10.04, Article III, of
this code.
B. Any person violating any provisions or failing to comply
with any of the requirements of Chapter 10.04, Article III, or any
other City ordinance pertaining to parking restrictions in the City
of Moorpark shall be subject to the civil administrative procedure,
as set forth in Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the California Vehicle Code.
C. Each person shall be guilty of a separate offense for
each and every day during any portion of which any violation of
such provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by the City by
reference or any other ordinance, continued or permitted by such
person, and may be punished accordingly.
The various penalties and fees shall be in the amounts as set
forth in a resolution of the City Council.
SECTION 2. 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 3. The City Clerk shall certify to the passage and
adoption of this Ordinance by the City Council; shall enter the
same in the book of original ordinances of the 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, within fifteen (15) days after the passage and
adoption thereof, cause the same to be published in the Moorpark
News Mirror, a weekly 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 day of June, 1993
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Hare, City Clerk