HomeMy WebLinkAbout84-21 Creating a Parking Permit ProcedureORDINANCE NO. P l- oR %
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OOSTA MESA, CALIFORNIA, CREATING A PARKING PERMIT
PROCEDURE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa finds and
declares that there is a current and immediate threat to the public health,
safety, and general welfare as follows:
A severe shortage of vehicle parking spaces exists in certain residen-
tial areas of the City of Costa Mesa, especially in the College.Park
area, because of the impact and attraction of the' Orange County Fairgrounds,
the Pacific Amphitheatre, Orange Coast College, and other nearby institu-
tional arra recreational developments; and
In order to alleviate that problem and to insure the public health,
safety, arra general welfare, it is necessary to establish a parking
permit procedure, pursuant to California Vehicle Code Section 22507,
wherein vehicle parking may be prohibited or restricted in favor of
residents and their guests, in certain areas to be designated by resolu-
tion of the City Council.
The City Council finds and declares that the protection of the
public health, safety and general welfare requires that this Ordinance
be adopted as an urgency measure, pursuant to the California Government
Code.
The reasons in support of the necessity of an urgency measure are
as follows:
The next scheduled performance of the Pacific Amphitheatre is
June 29, 1984, with frequent performances scheduled thereafter throughout
1984, and also the Orange County Fair will be held in early July. There
is time to implement fully the provisions of this ordinance in neighbor-
hoods near the Pacific Amphitheatre and properly to register residents'
vehicles prior to June 29, 1984, only if this ordinance is adopted imme-
diately. Routine adoption of this Ordinance would severely complicate
its full implementation because of the frequency of use of the Pacific
Amphitheatre and the extent of efforts necessary to implement the provi-
sions of the ordinance.
SECTION 2.
ACOGRDIl 3LY, the City Council of the City of Costa Mesa hereby
amends the Costa'Mesa Municipal Code as follows:
Article 3, Sections 10-221 through 10-221.9 are added to Title 10,
Chapter XI, to read as follows:
"ARTICLE 3. PARKING BY PERMIT ONLY.
Section 10-221. Parking of Unpermitted Vehicles Prohibited.
when authorized signs have been posted pursuant to resolution of the
City Council and are in place giving notice of restrictions, it shall be
unlawful and an infraction for any person to park any vehicle on any
public street or alley so restricted, unless a parking permit therefor
has been issued by the City of Costa Mesa and is displayed on the vehicle,
as provided for in this Article. This restriction shall not apply to
police vehicles or other authorized emergency vehicles when used for
official business."
"Section 221.1. Issuance of Permits to Residents.
Except for emergency permits, parking permits may be issued only to
residents of the areas in which parking has been limited or prohibited
pursuant to this Article, or to the owner of a lawfully conducted business
located in such area, who shall be deemed a resident for the purpose of
this Article."
"Section 221.2. Types of Permits.
(a) Residential Parking Permits. Any resident of an area in which
parking permits are required may obtain a residential parking permit for
each vehicle owned or regularly used by him, for use in the area where
he resides, by filing an application with Police Department and paying
the designated fee, if applicable.
(b) Guest Parking Permits. Each residential parking permit holder
shall be entitled to one hundred (100) guest parking permits, which may be
issued by the resident to any guest in the area where the permit holder
resides, and which will be valid until noon on the day after the date of
issuance by the resident. Residential permit holders shall be entitled
to additional permits upon exhaustion of their initial supply.
"Section 221.3. Application for Permit and Action Thereon.
(a) To obtain a residential parking permit, the applicant shall
personally appear at the Costa Mesa Police Department and shall furnish
his full, true name and home address, and proof of residence, and shall
MAZ
state the make, year, model, and registration and license plate numbers
of each vehicle for which a permit is sought.
(b) The Chief of Police or his designee shall grant or deny any
permit applied for pursuant to this Article. Any denial shall be in
writing and shall state the reason for denial. Action upon an application
shall not be unreasonably delayed.
(c) Denial of an application pursuant to this Article may be
appealed to the City'Council as provided in Title 2, Chapter IX of this
Code.
(d) Additional permits may be obtained by a permit holder for
vehicles purchased or otherwise acquired after the issuance of an initial
residential parking permit, upon providing the information required by
subpart (a) of this section and payment of the designated fee."
"Section 10-221.4. Fees; Replacements.
(a) Fees for parking permits shall be set by resolution of the
City Council, except that no fee shall be charged to persons residing
within one thousand (1,000) feet of the Orange County Fairgounds.
(b) If a valid residential parking permit is lost or destroyed,
the holder thereof may obtain a replacement permit for the same vehicle,
in the same manner and for the same fee as the original permit."
"Section 10-221.5. Description of Permits and Display Thereof.
(a) The residential parking permit shall be a numbered decal
supplied by the City of Costa Mesa and shall be permanently affixed to
the left rear bumper of the vehicle for which the permit was issued, at
all times when the vehicle is parked on a street within the permit
parking area.
(b) Guest permits shall be of paper, bearing the date of issue,
the issuer's signature and address, and the license plate number of the
permitted guest's vehicle, and shall be displayed face up on the left
front dashboard at all times when the guest's vehicle is parked on a
street within the permit -parking area."
"Section 10-221.6. Emergency Permits.
The Chief of Police shall have discretionary power in case of
emergency to issue to any person a parking permit for a period not
exceeding three (3) consecutive days. Such permit may be either oral or
written, at the discretion of the Chief of Police, and no fee shall be
charged therefor."
-3-
"Section 10-221.7. Duration of Permits.
(a) Residential parking permits issued pursuant to this Article
shall be valid indefinitely, subject to the conditions and limitations
set forth herein.
(b) No residential parking permit issued pursuant to this Article
shall be transferable frau the permit holder to any other person nor fram
one vehicle to another. '
(c) Any permit issued pursuant to this Article shall automatically
expire upon the termination of the permit holder's residence`in the
designated permit -parking area. In addition, any residential parking
permit shall automatically expire when the permit holder no longer owns
nor regularly uses the vehicle for which the permit was issued.
(d) Any guest permit issued pursuant to this Article shall be
valid only until noon of the day following the date of issuance.
(e) Nothing in this Article, nor any permit issued pursuant hereto,
shall authorize a violation of subpart (a) or subpart (b) of Section 10-185
of this Code.
(f) The City Council may establish by resolution an expiration date
for all outstanding residential and guest parking permits if the City
Council determines that an unacceptable number of permits are being used
by nonresidents of the designated permit -parking areas or that permits
are being used in a manner inconsistent with the purposes of this Article."
"Section 10-221.8. Violations.
(a) Parking a vehicle in violation of this Article shall be an
infraction.
(b) It shall be a violation of this Article and an infraction for
any person falsely to represent himself as eligible for a residential
parking permit or to furnish false information in an application therefor
to the Police Department.
(c) It shall be a violation of this Article and an infraction for
any person holding a residential parking permit issued pursuant to this
Article to allow the use or display of such permit on a motor vehicle
other than that for which the permit was issued. Any person who so uses
or displays a residential parking permit on a motor vehicle other than
that for which it was issued is likewise guilty of a violation of this
Article, and an infraction.
-4-
(d) It shall be a violation of this Article and an infraction for any
person to copy, produce, or otherwise bring into existence a facsimile or
counterfeit parking permit. Any person who knowingly uses or displays a
facsimile or counterfeit parking permit, with intent to evade prohibitions
or limitations on parking in a designated permit -parking area, is likewise
guilty of a violation of this Article, and an infraction."
"Section 10-221.9. Automatic Repeal.
Unless extended by an ordinance of the City Council, the provisions
of this Article shall be of no force or effect after December 31, 1985."
SECTION 3. This Ordinance shall take effect and be in full force
immediately frau and after the passage thereof, and prior to the expiration
of fifteen (15) days frau its passage, shall be published once in the
ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa, together with the names of the
members of the City Council voting for and against the same.
PASSED AND ADOPTED this 4th day of June
r of the Cit of Costa Mesa
ATTEST:
LLJ 6;1
City Clerk of the City of Costa sa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPR VED AS TO FORM
CITY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Ordinance No. 84-21 was introduced and considered section by section
at a regular meeting of said City Council held on the 4th day of June,
1984, and thereafter passed and adopted as a whole at a regular meeting
of said City Council held on the 4th day of June, 1984, by the following
roll call vote:
AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS ---•WHERE_ OF, -I have hereunto set my hand and affixed the Seal
of the City sof---Costa Mesa -this, 5th day of June, 1984.
City Clerk and ex -officio Clerk of e
City Council of the City of Costa V46a