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HomeMy WebLinkAbout57-Public Buildings - ..J.ll w ~ ~ u 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. "" 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 AnAn"'" It.rn 1\1", 5 7 asJ III 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 o o o 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 PZ/dys June 19, 1989 1 o 9 10 11 l2 l3 o o o 1 owned, leased, operated and/or controlled by the City, 2 unless said vehicle is currently registered pursuant to 3 Section 4000 of the California Vehicle Code. 4 b. Vehicles without license places or expired 5 license plates shall constitute a prima facie presumption that the vehicles are not currently registered and 6 7 8 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: 15 l6 17 18 19 20 2l 22 23 24 25 26 27 28 "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 PZ/dys June 19, 1989 2 -0- lO 11 l2 13 - -- . o o o 1 HUNDRED DOLLARS (SlOO.OO) and shall provide proof that the 2 3 costs of removal and disposition of the vehicle have been paid. No part of any imposed fine shall be suspended 4 pursuant to Section 22523 of the California Vehicle Code. SECTION 4. Section 10.04.025 of the San Bernardino 5 6 Municipal Code is added as follows: 7 8 9 "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: l5 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. 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 l6 l7 18 19 20 2l 22 23 24 25 26 27 28 to - o o o "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 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / PZ/dys June 19, 1989 4 . o. 9 lO 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .L ORDINANCE...AMENDIN~SECTION lO.l~l60 RELATING TO DISABLED ~ HANDICAPPED PARKIN~DING SECTI\.I lO.l6.220 RELATING TO P~NG 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: JAMES F. PENMAN, City Attorney 'BY:' LJ-vL o PZ/dys June 19, 1989 5