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ORDINANCE 1205ORDINANCE NO. 1205 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING VARIOUS PROVISIONS OF THE EL SEGUNDO MUNICIPAL CODE TO ESTABLISH CIVIL PENALTIES FOR PARKING VIOLATIONS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. A. In 1992, the State Legislature adopted A.B. 408 which was codified as Chapter 1244 of the Statutes of 1992. A.B. 408 provides that effective July 1, 1993, parking violations shall become civil matters rather than criminal matters. B. Pursuant to A.B. 408, the City is required to adopt a civil penalty schedule for parking violations. C. This Ordinance amends the E1 Segundo Municipal Code to provide that parking violations are to be treated as civil matters and authorizes the City Council to adopt a civil penalty schedule for parking violations. D. In order that the E1 Segundo Municipal Code be in compliance with State law by October 1, 1993, and in order that the City not lose any needed revenues for failure to have civil parking penalties in place by October 1, 1993, it is necessary that this Ordinance be adopted as an urgency Ordinance. Failure to adopt this Ordinance as an urgency Ordinance would result in a detriment to the public health, safety and welfare. E. The City is authorized to adopt this Urgency Ordinance pursuant to Government Code section 36934. SECTION 2. Section 1.12.010 of Chapter 1.12 of Title 1 of the E1 Segundo Municipal Code is hereby amended to read as follows: 111.12.010 VIOLATIONS - PENALTY Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of E1 Segundo shall be guilty of a misdemeanor unless the violation is made an infraction or, in the case of parking violations, a civil penalty is imposed by the provisions of this code. Any person convicted of a misdemeanor under the ordinances of El Segundo shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of E1 Segundo is committed, continued or permitted by any such person, and he shall be punished accordingly." LAX:67416.1 /Ordinance 1205 SECTION 3. Section 1.12.035 is hereby added to Chapter 1.12 of Title 1 of the E1 Segundo Municipal Code to read as follows: "1.12.035 PARKING VIOLATIONS SUBJECT TO CIVIL PENALTY. The following sections of this Code regarding parking violations shall be treated as civil matters subject to a civil penalty: Section 10.28.020 Stopping or standing in parkways. Section 10.28.040 Designated no parking areas. Section 10.28.050 72 hour parking limit. Section 10.28.060 Parking in street to display vehicle for sale. Section 10.28.065 Parking in municipal parking lot to display vehicle for sale. Section 10.28.070 Repairing vehicle on street. Section 10.28.080 Washing vehicle on street when charge is made. Section 10.28.110 Parking on grades. Section 10.28.140 Safety equipment for trucks in excess 4,000 lbs., or truck tractor. Section 10.28.150 48 hour parking limit on any trailer, camper or other similar type vehicle. Section 10.28.160 Parking outside of marked space. Section 10.28.170 No stopping - tow away zones. Section 10.29.100 Preferential parking violations. Section 10.32.010 20 minute parking. Section 10.32.020 40 minute parking. Section 10.32.030 1 hour parking. Section 10.32.040 2 hour parking. Section 10.32.060 Diagonal parking. Section 10.32.070 Commercial vehicle parking in residential districts. Section 10.32.080 Permit parking on city property. Section 10.32.090 Commercial vehicle parking in city owned parking lot. Section 10.36.020 Parking in violation of curb marking. Section 10.36.040 Yellow Loading Zones. Section 10.36.050 Passenger Loading Zones. Section 10.36.060 No parking in alleys. Section 10.64.010 Key left in ignition. Section 10.80.050 Erasure of tire mark in connection with enforcement of parking regulation only. LAX:67416.1 /Ordinance 1205 —2 A violation of any of these sections shall be subject to a civil fine in the amount established by resolution of the City Council. The contesting of citations for these violations shall be subject to the administrative review process for parking violations set forth in the State Vehicle Code." SECTION 4. Section 10.29.100 of Chapter 10.29 of Title 10 of the E1 Segundo Municipal Code is hereby amended to read as follows: 1110.29.100 PROHIBITIONS. (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 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. (b) It shall be unlawful for any person to forge, falsify, sale, rent, or lease, or cause to be forged, falsified, sold, rented or leased for any value or consideration any preferential parking permit. (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 chapter." SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this ordinance is, for any reason, held to be invalid, or unconstitutional by a decision of any sort of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, words or portions, be declared invalid or unconstitutional. SECTION 6. This Ordinance shall be effective immediately. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall publish the same in the manner prescribed by law. APPROVED AND ADOPTED, this 21st day f S ptember, 1993. Jacobso , Mayor City of E1j,egundo, California ATTESTED: ` Giddy Mort6sen, City Clerk (SEAL) APPROVED AS TO FORM: tdland C. Doll -� , City (Attorney LAX:67416.1 /Ordinance 1205 — 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. CITY OF EL SEGUNDO ) I HEREBY CERTIFY that the foregoing Ordinance No. 1205 was introduced at a regular meeting of the City Council of the City of El Segundo held on the 21st day of September 1993, and adopted as an urgency ordinance at the same meeting by the following vote to wit: AYES: Mayor Jacobson, Mayor ProTem Wise, Councilman West, Councilman Switz, and Councilman Robbins. NOES: None ABSENT: None Cindy MortAsen, City Clerk (SEAL) LAX:67416.1 /Ordinance 1205 —4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, 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. 1205 is a full, true correct original of ORDINANCE NO. 1205 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING VARIOUS PROVISIONS OF THE EL SEGUNDO MUNICIPAL CODE TO ESTABLISH CIVIL PENALTIES FOR PARKING VIOLATIONS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21ST DAY OF SEPTEMBER 1993, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Councilman West, Councilman Robbins. NOES: None ABSENT: None ABSTAINED: None NOT PARTICIPATING: None Mayor ProTem Wise, Councilman Switz, and I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1205, as duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein. CINDY MORTESEN City Clerk of the City of El Segundo, California (SEAL)