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. . /IfY.
CrFl'OF SAN BIRNARDIA - REQUEQ FOR COUNCIL ACTlblt
From: Wayne Overstreet, Supt
Subject:
ORDINANCE OF THE CITY OF SAN BER-
NARDINO MUNICIPAL CODE AMENDMENT
RELATED TO HANDICPPBD PARKING,
PARKING OF UNREGISTERED VEHICLES,
ABANDONED VEHICLES. AND DEFINITION
OF COMMERCIAL VEHICLES. LOADING
ZONES. AND OFF STREET PARKING
FACILITmS
Dept:
Date:
Public Buildings/Parking Control
June 20, 1989
Synopsis of Previous Council action:
12-5-88--0rdinance No. MC-645 Transferring authority to remove abandoned vehicleS from
the Fire Chief to the Superintendent of Public Buildings.
11-7-88--MC-641 amending Chapter 10.16 of the SBMC
10-24-88--Resolution 88-409 authorizing the Supt. of Public Buildings to recommend to
the SBMC an increase in bail forfeiture penalties for certain parking .violations
listed in the Municipal Code.
Recommended motion:
Waive further reading of ordinance and layover
for final adoption.
i-
cc: Director of Public Works
Supporting data attached:
Yes
Phone: 384-5244
Ward: All
, Contact person: Wayne Overstreet
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Nota.:
".0212
Agenda Item No. . -3/
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CITY OF SAN BERNARDINO -
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REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Public Buildings Division at a Legislative Review Committee Meeting
in October of 1988, and at the Division's budget hearing of June 14, 1989,
proposed an increased bail schedule for certain kinds of parking offenses,
such as, handicapped parking, parking unregistered vehicles, parking
of abandoned vehicles, and defining the use of loading zones for commer-
cial vehicles only, etc.
It was the conclusion of the Legislative Review Committee and the Mayor
and Common Council to expand these municipal codes, along with the adoption
of an expanded vehicle abatement program (V AP). This would also clerify
long standing problems associated with the use of loading zones, reserving
their use for the exclusive use of loading zones for commercially licensed
vehicles.
It is the staffs conclusion that adoption of these changes and definitions
of the municipal codes would enhance our ability for their enforcement
and interpretation. The adoption of the attached proposed resolution is
recommended.
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
10.16.160 RELATING TO DISABLED OR HANDICAPPED PARKING, ADDING
3 SECTION 10.16.220 RELATING TO PARKING UNREGISTERED VEHICLES,
ADDING SECTION 10.16.230 RELATING TO PARKING ABANDONED VEHICLES
4 AND ADDING/AMENDING SECTIONS 10.04.025, 10.04.040, 10.04.070, AND
10.04.095 RELATING TO DEFINITIONS OF ABANDONED VEHICLE,
5 COMMERCIAL VEHICLE, LOADING ZONE AND OFF-STREET PARKING FACILITY
OF THE SAN BERNARDINO MUNICIPAL CODE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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Section 10.16.160 of the San Bernardino
SECTION 1.
9 Municipal Code is amended as follows:
"Section 10.16.160 Disabled or Handicapped Parking.
a.
It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for
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disabled persons and disabled veterans unless the vehicle
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displays either a distinguishing license plate or a placard
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issued pursuant to Section 22511.5 or 22511.9 of the
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California Vehicle Code.
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It is unlawful for any person to obstruct, block,
b.
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or otherwise bar access to those parking stalls or spaces
except as provided in subdivision (a).
c.
Subdivisions (a) and (b) apply to all public and
privately owned off-street parking facilities."
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SECTION 2. Section 10.16.220 of the San Bernardino
23 Municipal Code is added as follows:
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."Section 10.16.220 Parking Unregistered Vehicles.
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a.
It is unlawful to stop, park or leave standing
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any motor vehicle, trailer or dolly upon any street, alley,
off-street public parking facility, or other property
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owned, leased, operated and/or controlled by the City,
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unless said vehicle is currently registered pursuant to
Section 4000 of the California Vehicle Code.
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b.
Vehicles without license places or expired
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license plates shall constitute a prima facie presumption
that the vehicles are not currently registered and
therefore unlawfully parked.
c.
Any person convicted of a violation of this
section shall be punished by a fine pursuant to San
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Bernardino Municipal Code Section 1.12.010, and shall
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provide proof that the costs of removal and disposition of
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the vehicle have been paid when applicable."
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SECTION 3. Section 10.16.230 of the San Bernardino
14. Municipal Code is added as follows:
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"Section 10.16.230 Parking Abandoned Vehicles
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a.
It is unlawful to park, leave standing or abandon
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any motor vehicle, trailer or dolly upon any street, alley,
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off-street public parking facility, or other property
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owned, leased, operated and/or controlled by the city for
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seventy-two (72) or more consecutive hours.
b.
It is unlawful to park, leave standing, or
abandon a vehicle upon private property without the express
or implied consent of the owner or person in lawful
possession or control of the property for seventy-two (72)
or more consecutive hours.
c.
Any person convicted of a violation of this
section shall be punished by a fine of not less than ONE
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HUNDRED DOLLARS ($100.00) and shall provide proof that the
costs of removal and disposition of the vehicle have been
paid.
No part of any imposed fine shall be suspended
pursuant to Section 22523 of the California Vehicle Code.
SECTION 4. Section 10.04.025 of the San Bernardino
6 Municipal Code is added as follows:
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"Section 10.04.025 Abandoned Vehicle
'Abandoned Vehicle' means any vehicle left standing or
parked for seventy-two (72) or more consecutive hours upon
a street, alley, off-street parking facility, public
property or private property without the consent of the
owner. "
SECTION 5.
Section 10.04.040 of the San Bernardino
14 Municipal Code is added as follows:
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"Section 10.04.040 Commercial Vehicle
'Commercial Vehicle' is a vehicle, of a type required
to be registered under the California Vehicle Code,
designated, used or maintained primarily for the
transportation of persons or property for hire."
SECTION 6. Section 10.04.070 of the San BernardinO
21 Municipal Code is amended as follows:
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"Section 10.04.070 Loading Zone
'Loading Zone' means that space adjacent to a curb
reserved for the exclusive use of commercial vehicles for
the loading or unloading of passengers or freight."
SECTION 7. Section 10.04.095 of the San Bernardino
27 Municipal Code is added as follows:
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"Section 10.04.095 Off-Street Parking Facility
2 'Off-Street Parking Facility' means any off-street
3 facility held open for use by the public for parking
4 vehicles and includes any publicly owned facilities for
5 off-street parking, and privately owned facilities for off-
6 street parking where no fee is charged for the privilege to
7 park and which are held open for the common public use of
8 retail customers."
9 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and Common Council of the City of San
11 Bernardino.at a meeting thereof, held on the
12 day of , 1989, by the following vote, to wit:
13 AYES: Council Members
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NAYS:
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ABSENT:
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City Clerk
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ORDINANCE...AMENDING SECTION 10.16.160 RELATING TO DISABLED OR
HANDICAPPED PARKING, ADDING SECTION 10.16.220 RELATING TO PARKING
UNREGISTERED VEHICLES...
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The foregoing ordinance is hereby approved this
day
of
, 1989.
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W. R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
By: ~~ ?iL
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