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HomeMy WebLinkAbout31-Building and Safety . . /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/ - ~ . O' 0 CITY OF SAN BERNARDINO - o 0 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. 75~0264 . c. 10 11 12 1 1 - o o 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. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 7 DO ORDAIN AS FOLLOWS: 8 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 13 disabled persons and disabled veterans unless the vehicle 14 displays either a distinguishing license plate or a placard 15 issued pursuant to Section 22511.5 or 22511.9 of the 16 California Vehicle Code. 17 It is unlawful for any person to obstruct, block, b. 18 19 20 21 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." 22 SECTION 2. Section 10.16.220 of the San Bernardino 23 Municipal Code is added as follows: 24 ."Section 10.16.220 Parking Unregistered Vehicles. 25 a. It is unlawful to stop, park or leave standing 26 any motor vehicle, trailer or dolly upon any street, alley, off-street public parking facility, or other property 27 28 PZ/dys June 19, 1989 1 . o~ 22 23 24 25 26 27 28 JJ o o o 1 owned, leased, operated and/or controlled by the City, 2 3 unless said vehicle is currently registered pursuant to Section 4000 of the California Vehicle Code. 4 b. Vehicles without license places or expired 5 6 7 8 9 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 10 Bernardino Municipal Code Section 1.12.010, and shall 11 provide proof that the costs of removal and disposition of 12 the vehicle have been paid when applicable." 13 SECTION 3. Section 10.16.230 of the San Bernardino 14. Municipal Code is added as follows: 15 "Section 10.16.230 Parking Abandoned Vehicles 16 a. It is unlawful to park, leave standing or abandon 17 any motor vehicle, trailer or dolly upon any street, alley, 18 off-street public parking facility, or other property 19 owned, leased, operated and/or controlled by the city for 20 21 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 PZ/dys June 19, 1989 2 . c.. 1 2 3 4 5 o o 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: 7 8 9 10 11 12 13 "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: 15 16 17 18 19 20 "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: 22 23 24 25 26 "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: 28 PZ/dys June 19, 1989 3 . c' o o a 1 "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 14 15 NAYS: 16 ABSENT: 17 18 City Clerk 19 / / / / 20 / / / / 21 25 / / / / 26 / / / / 27 / / / / 28 PZ/dys June 19, 1989 4 . o. 10 11 12 13 14 ill o o o ORDINANCE...AMENDING SECTION 10.16.160 RELATING TO DISABLED OR HANDICAPPED PARKING, ADDING SECTION 10.16.220 RELATING TO PARKING UNREGISTERED VEHICLES... 1 2 3 The foregoing ordinance is hereby approved this day of , 1989. 4 5 6 W. R. Holcomb, Mayor City of San Bernardino 7 8 Approved as to form and legal content: 9 JAMES F. PENMAN, City Attorney By: ~~ ?iL o 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PZ/dys June 19, 1989 5