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From: Wayne Overstreet, Supt
CICt OF SAN BERNARD()IO - REQOST FOR COUNCIL 'ZrION
ORDINANCE OF THE CITY OF SAN BER-
Subject: NARDlNO MUNICIPAL CODE AMENDIllENT
RELATED TO HANDlCPPED PARKING,
PARKING OF UNREGISTERED VEHICLES,
ABANDONED VEHICLES, AND DEFINITION
OF COMMERCIAL VEHICLES, LOADING
ZONES. AND OFF STREET PARKING
FACILITIES
Public Buildings/Parking Control
Dept:
Date:
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.
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cc: Director of Public Works
Contact penon: Wayne Overstreet
Supportlnll data .ttached:
Yes
Phone: 384-5244
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Fln.nce:
Council Notes:
75.D2&2
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elf), OF SAN BERNARDI:aO - REQIOsT FOR COUNCIL AOION
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 10ading ,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 10ading 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 resolutionis
recommended.
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
10.l6.l60 RELATING TO DISABLED OR HANDICAPPED PARKING, ADDING
SECTION lO.l6.220 RELATING TO PARKING UNREGISTERED VEHICLES,
ADDING SECTION 10.16.230 RELATING TO PARKING ABANDONED VEHICLES
AND ADDING/AMENDING SECTIONS lO.04.025, lO.04.040, 10.04.070, AND
lO.04.095 RELATING TO DEFINITIONS OF ABANDONED VEHICLE,
COMMERCIAL VEHICLE, LOADING ZONE AND OFF-STREET PARKING FACILITY
OF THE SAN BERNARDINO MUNICIPAL CODE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 10.l6.l60 of the San Bernardino
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
disabled persons and disabled veterans unless the vehicle
displays either a distinguishing license plate or a placard
issued pursuant to Section 2251l.5 or 225ll.9 of the
California Vehicle Code.
b. It is unlawful for any person to obstruct, block,
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."
SECTION 2. Section lO.16.220 of the San Bernardino
Municipal Code is added as follows:
"Section 10.l6.220 Parking Unregistered Vehicles.
a. It is unlawful to 'stop, park or leave standing
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
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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
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therefore unlawfully parked.
c.
Any person convicted of a violation of this
section shall be punished by a fine pursuant to San
Bernardino Municipal Code Section 1.l2.0l0, and shall
provide proof that the costs of removal and disposition of
the vehicle have been paid when applicable."
SECTION 3. Section 10.l6.230 of the San Bernardino
14 Municipal Code is added as follows:
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"Section lO.16.230 Parking Abandoned Vehicles
a.
It is unlawful to park, leave standing or abandon
any motor vehicle, trailer or dolly upon any street, alley,
off-street public parking facility, or other property
owned, leased, operated and/or controlled by the city for
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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June 19, 1989
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HUNDRED DOLLARS (SlOO.OO) and shall provide proof that the
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costs of removal and disposition of the vehicle have been
paid.
No part of any imposed fine shall be suspended
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pursuant to Section 22523 of the California Vehicle Code.
SECTION 4. Section 10.04.025 of the San Bernardino
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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 lO.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
'Off-Street Parking Facility' means any off-street
facility held open for use by the public for parking
vehicles and includes any publicly Qwned facilities for
off-street parking, and privately owned facilities for off-
street parking where no fee is charged for the privilege to
park and which are held open for the common public use of
retail customers."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
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June 19, 1989
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.L
ORDINANCE...AMENDIN~SECTION lO.l~l60 RELATING TO DISABLED ~
HANDICAPPED PARKIN~DING SECTI\.I lO.l6.220 RELATING TO P~NG
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:
JAMES F. PENMAN,
City Attorney
'BY:' LJ-vL
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