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ORDINANCE 1369ORDINANCE NO. 1369 AN ORDINANCE ADDING ARTICLE E TO CHAPTER 8 -5, ENTITLED "PARKING PERMITS" TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW PREFERENTIAL PARKING IN IDENTIFIED AREAS WITHIN THE CITY'S JURISDICTION. The city council of the city of El Segundo does ordain as follows: SECTION 1: Article E, entitled "Permit Parking," and consisting of §§ 8 -5E -10 to 8 -5E- 140, is added to Chapter 8 -5 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Article E PERMIT PARKING 8- 5E -10: Purpose. 8- 5E -20: Definitions. 8-5E-30: Application of regulations. 8- 5E-40: Appeals. 8- 5E -50: Parking Prohibited; Exceptions. 8- 5E -60: Additional prohibitions. 8- 5E -70: Parking Permits. 8- 5E -80: Parking Permits — Application. 8- 5E -90: Fees. 8 -5E -100: Issuance. 8 -5E -110: Duration. 8 -5E -120: Permit denial. 8 -5E -130: Permit Form. 8 -5E -140: Display. 8 -5E -150: Transferability. 8 -5E -160: Notice. 8- 5E -10: Purpose. This article is adopted pursuant to the city's police powers and California Vehicle Code § 22507, and any successor statute or regulation, to allow permit parking in specified areas within the city's jurisdiction. Page 1 of 6 8- 5E -20: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter: A. "Administrator" means the administrative services director, or designee. B. "Permit stall" means a parking stall reserved for persons possessing a valid parking permit issued pursuant to this chapter. C. "Specified area" means locations within the city's jurisdiction designated by city council resolution as parking permit areas. 8- 5E -30: Application of regulations. The time limitations on standing or parking in this code will not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or this code prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 8- 5E-40: Appeals. Every person who is issued a notice of parking violation pursuant to this chapter may request review of that notice under California Vehicle Code §§ 40215 et seq. 8- 5E -50: Parking Prohibited; Exceptions. A. Except as otherwise provided in this section, it is unlawful for any person to park or leave standing any vehicle on any street or structure in a specified area for more than two (2) hours between 7 :00 a.m. and 6:00 p.m. Monday through Fridays, inclusive, holidays excepted. B. Exceptions. This section does not apply: To any person parking in a permit stall, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday inclusive, holidays excepted, who possesses a valid parking permit issued pursuant to this article; 2. To any person holding a valid handicap permit issued pursuant to this code or the California Vehicle Code; or Page 2 of 6 3. To any public emergency vehicle. 8- 5E -60: Additional prohibitions. A. It is unlawful for any person to falsely represent themselves as eligible for a parking permit under this article or to furnish false information in an application for a parking permit. B. It is unlawful for any person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit. C. It is unlawful for any person to knowingly use or display a facsimile or counterfeit parking permit, with intent to evade prohibitions or limitations on parking in a specified area. 8- 5E -70: Parking Permits. A. Persons holding a valid permit issued pursuant to this article may park a vehicle in a permit stall regardless of the time restrictions set forth above. B. The administrator is authorized to issue parking permits pursuant to this article. 8- 5E -80: Parking Permits — Application. Every person seeking a parking permit must file an application with the administrator containing the following: A. The applicant's name, address and phone number; B. Additional information the administrator may reasonably require; C. The applicant must sign an application under penalty of perjury. 8- 5E -90: Fees. A. Applicants for permits issued pursuant to this chapter must pay to the city a fee in an amount established by city council resolution. B. Failure to pay the fee in accord with city council resolution, or policies and procedures promulgated by the administrator, results in the automatic termination of a parking permit issued pursuant to this article. Page 3 of 6 8 -5E -100: Issuance. 0 8 -5E -110: The administrator must issue a permit if: The application was complete in accordance with this article; 2. The applicant paid all fees for the parking permit; 3. There are no grounds for denying the permit; and 4. The applicant accepts the permit in writing. Use of any permit issued pursuant to this article must conform to the general permit conditions of this article. Duration. Parking permits are valid for ninety (90) days year. Upon expiration, the applicant may additional parking permits if the applicant conditions set forth in this article. 8 -5E -120: Permit denial. six (6) months, or one (1) apply for and be granted still qualifies under the A permit must be denied if the administrator finds that: A. The applicant is not a bona fide city resident or person employed by a business located within the city's jurisdiction; B. Information submitted by the applicant is materially false; C. The number of permits issued exceed the number of permit stalls available for use by permittees; or D. The applicant violated any provision of this article. 8 -5E -130: Permit Form. Permits issued pursuant to this article must be in a form prescribed by the administrator and will include the date of issuance and expiration date. Page 4 of 6 8 -5E -140: Display. All permits must be placed so that it is clearly visible from the exterior of the vehicle. 8 -5E -150: Transferability. Permits issued pursuant to this article may not be transferred to persons other than an applicant's bona fide employee. Any transfer of a permit in violation of this article renders the permit void. 8 -5E -160: Notice. Signs giving reasonable notice of the prohibitions contained in this section must be erected within the specified areas as required by the California Vehicle Code." SECTION 2: This Ordinance will be automatically repealed one (1) year from its effective date. The Council may take action to remove this section before the date of repeal. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this 18th day of November 2003. ike Gordon, Mayor Page 5 of 6 ATTEST: 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 said City is five; that the foregoing Ordinance No. 1369 was duly introduced by said City Council at a regular meeting held on the 5th day of November , 2003, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 18th day of November 2003, and the same was so passed and adopted by the following vote: AYES: Gordon, Gaines, McDowell, Wernick NOES: None ABSENT: None ABSTAIN: None NOT PARTICIPATING: Mayor Pro Tem Jacobs J Cindy Mortesen, City Clerk APPROVED M: Mark D. Hen i A o y By: arl H. Berger, As ant City Attorney Page 6 of 6