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ORDINANCE 107657rA ORDINANCE NO. 1076 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 10.29 ESTABLISHING PREFERENTIAL PARKING ZONE LEGISLATIVE AUTHORITY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.29 is hereby added to the E1 Segundo Municipal Code to read as follows: "Chapter 10.29 PREFERENTIAL PARKING ZONES 10.29.010 STATE VEHICLE CODE PROVISIONS. The provisions of this Chapter are expressly enacted under the Constitution of the State of California, Article XI, Section 11 together with provisions of the Vehicle Code of the State, as amended. 10. 29.020 DEFINITIONS. For the purpose of this Chapter, the certain words and phrases are defined as follows. (a) Dwelling Unit. "Dwelling Unit" shall mean any self- contained house, apartment, stock cooperative, or condominium occupied solely for residential purposes. (b) Preferential Parking Zone. "Preferential Parking Zone" shall mean a residential area with streets and boundaries designated by the City Council wherein vehicles displaying a permit shall be exempt from parking restric- tions established by this Chapter. (c) Resident. "Resident" shall mean any person who lives in a dwelling unit located in a preferential parking zone. (d) Visitor. "Visitor" shall mean a person visiting residents living in a dwelling unit in a preferential parking zone. 10.29.030 DESIGNATION OF PREFERENTIAL PARKING ZONE. (a) The City Council may, after a recommendation of the Traffic Engineer, designate by resolution those areas satisfying the criteria established in Section 10.29.040 as a preferential parking zones. 10.29.040 DESIGNATION CRITERIA. The criteria referred to in Section 10.29.030shall be based upon the following considerations established to the satisfaction of the Council: (a) That non - resident vehicles, defined as those vehicles owned and /or operated by persons who are not residents as defined in Section 10.29.020, do or may substantially and regularly interfere with the use of the majority of available public street or alley parking spaces in the proposed zone by adjacent residents; (b) That the interference by the non- resident vehicles referred to in subsection (a) of this Section occurs in the proposed zone at regular and significant daily or weekly intervals; (c) That the non - resident vehicles parked in the area of the proposed zone cause or are the source of unreasonable noise, traffic hazards, environmental pollution, or devaluation of real property in the area of the proposed zone; and (d) That a shortage of reasonably available and convenient residential related parking spaces exists in the area of the proposed zone. -2- 10.29.050 DESIGNATION PROCESS. Upon receipt and veri- fication of a petition signed by residents living in 55 percent of the dwelling units of the area proposed for designation, or upon adoption of a motion by the City Council, the Traffic Engineer shall undertake such surveys or studies as are deemed necessary to determine whether the area should be designated a preferential parking zone and shall report his findings to the Council. Where a preferential parking zone is requested by the resident petition process, the residents requesting the designa- tion shall notify all affected residents prior to the presenta- tion of the petition and shall present verification of such notification to the Traffic Engineer. 10.29.060 DISSOLUTION PROCESS. Proceedings to dissolve a preferential parking zone shall be initiated upon receipt and verification of a petition signed by residents living in 55 percent of the dwelling units within the preferential parking zone or upon adoption of a resolution by the City Council. A dissolution shall be accomplished by resolution of the City Council. 10.29.070 PERMITS. (a) ISSUANCE AND FEES. The Director of Public Works shall issue permits for preferential parking and the Director of Finance shall collect all fees. Applicants shall present proof dwelling unit in a preferential parking vehicle for which a permit is sought is address as the applicant. Applicants requesting more tha dwelling unit may be granted additional of Public Works upon showing that there -3- that they reside in a zone, and proof that the registered at the same i three permits for a permits by the Director are more than three 5758 575 vehicles registered at the dwelling unit, and that sufficient off - street parking is not available to the applicant, and that to deny such additional permits would constitute a hardship. Permit fees shall cover the cost of establishing and maintaining the preferential parking zone. The permit fees shall be set by City Council Resolution at the time a preferential parking zone is designated. (b) DURATION. Preferential parking permits issued pursuant to this Section shall remain in effect for a period of one year or fraction thereof, and may be renewed for a period of one year, as long as the permit holder continues to reside in the dwelling unit, or until the preferential parking zone for which the permit was issued is dissolved, whichever period of time is less. (c) VISITOR PERMITS. Any resident may purchase two visitor permits per dwelling unit. Each such permit shall have a permit number imprinted on it which corresponds to the address of the permit holder. (d) AVAILABILITY OF PARKING. A preferential parking permit shall not guarantee or reserve to the holder thereof an on- street parking space within the designated preferential parking zone. (e) RESTRICTIONS AND CONDITIONS. Each permit issued pursuant to this Section shall be subject to each and every condition and restriction set forth in this Chapter and as further provided by resolution establishing the preferential parking zone for which it was issued. The issuance of such permit shall not be construed to be a permit for, or approval of, any violation of any provision of this Code or any other law or regulation. -4- 576€ 10.29.080 EXEMPTIONS. The following vehicles shall be exempt from parking restrictions pursuant to this Chapter: (a) A vehicle owned or operated by a utility whether privately or publicly owned, when used in the course of busi- ness. (b) A vehicle owned or operated by a governmental agency when used in the course of official government business. (c) A vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol when used in the course of business. 10.29.090 AUTHORITY OF CITY STAFF. (a) The Director of Public Works shall promulgate rules and administer policies designed to implement this program, including the posting of traffic regulation signs on streets designated as preferential parking zones. These rules shall be submitted to and approved by the City Council. (b) Director of Finance. The Director of Finance shall promulgate rules and administer policies designated to implement the collection of fees for the preferential parking permit system set forth herein. These rules shall be submitted to and approved by the City Council. (c) Chief of Police. The Police Chief shall have the authority to enforce violations of this chapter. 10.29.100 PROHIBITIONS AND FINES. (a) On Monday through Friday, between the hours of 10:00 A.M. and 11:00 A.M. and between the hours of 2:00 P.M. and 3:00 P.M., no vehicle shall be parked or stopped adjacent to any curb in a preferential parking zone in violation of any posted prohibition or restriction, unless such vehicle shall have -5- 5762 prominently displayed a duly issued permit on or by the left rear portion of the rear bumper; or a visitor permit or special event permit to be displayed on the driver side dashboard. Any vehicle in violation of the Code shall be subject to a fine of Twenty Eight Dollars ($28.00). (b) It shall be unlawful for any person to forge, falsify, sell, rent, or lease, or cause to be forged, falsified, sold, rented, or leased for any value or consideration any pre- ferential parking permit. Upon the conviction of a violation of this subsection, all permits issued to, or for the benefit of, the dwelling unit for which the sold, rented, or leased permit was authorized shall be void. Any person so convicted shall be subject to a fine of five hundred ($500.00) dollars. (c) It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this article, and any person so convicted shall be subject to a fine of five hundred ($500.00) dollars." SECTION 2. That this ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption thereof. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which tthe same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated with said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this 5th day of NOVEMBER 1985. ATTEST: City Clerk (SEAL) -7- Mayor of the City o E1 Segundo, Califor a 5762 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, ..... , ,Ronald, L,, Hart , , , , , , . , . , , , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1076 is a full, true and correct original of Ordinance No. ,1076... , , , , of the said City of E1 Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 10.29 ESTABLISHING PREFERENTIAL PARKING ZONE LEGISLATIVE AUTHORITY which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the ...Ch ... day of ..WQvgmbvr........ 19. 8?....... , and that the same was so passed and adopted by the following vote: AYES: Councilmen mbers ... aacobson, . Synadinos . , .. , ... • . , . , , . . and Mayor Armstrong NOES: Councilmen ...... Siadek .............................. ABSENT: ....... None ... I ............................ ABSTAIN: Councilmen...... Schuldt I do hereby further certify that pursuant to -the provisions of Section 36w of the Government Code of the State of California, that the foregoing Ordinance No. 47P.... was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the follo date, t it: ovember 21� 1965 ity Clerk of the City f E1 Segundo, California (SEAL) By......... ............................... Deputy i 576