ITEM 8-C
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Chapter 3.16 of the
Santa Monica Municipal Code Regarding Lease
or Rental of In-Vehicle Parking Regulators
At its meeting on January 14, 1992, the City Council
directed the City Attorney to prepare an ordinance authorizing
the sale and use of in-vehicle parking regulators. In response
to this direction, the accompanying ordinance has been prepared
and is presented to the City Council for its consideration.
The accompanying ordinance amends Chapter 3.16 of the Santa
Monica Municipal Code to regulate the lease or rental of
parkulators. This is somewhat different from the original City
Council direction, which was to authorize the sale of parking
regulators. The City Parking and Traffic Engineer has advised
that it would be better to rent the parking regulators so that
the City can better control the tampering and altering of the
devices, which some people might do to avoid payment to the City
for parking time.
The following is a Section by Section description of the
changes made by this Ordinance to Chapter 3.16 of the Municipal
Code.
Section 3.16.060, "Parking Meter." This Section has been
amended to include "electronic devices or meters" within the
definition of "parking meter."
Section 3.16.45, "In-Vehicle Parking Regulator." This
Section has been added to Chapter 3.16 to define in-vehicle
parking regulator as any mechanical or electronic device or meter
rented or leased from the City which is used inside a motor
vehicle for the regulation of parking.
Section 3.16.125, "Rental, Lease and Maintenance of
In-Vehicle Parking Regulators." This Section has been added to
Chapter 3.16 to provide that the Parking and Traffic Engineer
will be in charge of renting parking regulators and the City
Council will be required to approve the necessary rules and
regulations for the use of the regulators.
Section 3.16.120, "Operation of Parking Meters." This
Section has been amended to provide that parking meters must be
fed or the operator of a vehicle must immediately place in
operation an in-vehicle parking regulator when parking in a
metered space.
Section 3.16.140, "Funds Derived from Parking Meters and
In-Vehicle Parking Regulators." This Section has been amended to
cause collection of in-vehicle parking regulators funds to be
regulated by Municipal Code Sections 3.16.150 and 3.16.160.
Section 3.16.150, "Collection." This Section has been
amended to provide that the Parking and Traffic Engineer shall
collect fees from the rental of parking regulators.
Section 3.16.160, "Use of Funds." This Section has been
amended to provide that funds collected from in-vehicle parking
regulators shall be used to defray costs of traffic regulation
and all costs associated with the parking meters and parking
regulators themselves.
Section 3.16.250, "Violation - Parking Where Meter
Indicates Time Limit is Over." This Section has been amended to
provide that vehicles with in-vehicle parking regulators in
operation do not have to deposit coins in the parking meter while
parked in a metered space.
Section 3.16.270, "Violation - Damaging Parking Meters or
In-Vehicle Parking Regulators." This Section has been amended to
provide that it is unlawful to do damage to or otherwise alter
any in-vehicle parking regulator.
Section 3.16.265, "Violation - Parking." This Section has
been added to the Municipal Code to provide that it is unlawful
to display an in-vehicle parking regulator that has expired, to
damage the parking regulator, to use a regulator in a manner not
in compliance with the Code, and to display any imitation parking
regulators.
Section 3.16.290, "Fines." This Section has been amended
to better describe the document which is given to a violator of
various Sections of Chapter 3 of the Municipal Code.
Section 3.16.300. This Section has been amended to better
describe the document which is given to a violator of various
Sections of Chapter 3 of the Municipal Code.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Joseph Lawrence, Acting City Attorney
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 3.16 OF THE
SANTA MONICA MUNICIPAL CODE REGARDING PARKING METERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 3.16.060 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.060. Parking Meter. The
words "parking meter" shall mean and include
any mechanical or electronic device or meter
erected for the regulation of parking by
authority of this Chapter.
SECTION 2. Section 3.16.45 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3.16.45. In-Vehicle Parking
Regulator. The words "in-vehicle parking
regulator" shall mean and include any
mechanical or electronic device or meter which
is properly obtained for rental or lease from
the City and which is used, placed or attached
inside a motor vehicle for the regulation of
parking by authority of this Chapter.
SECTION 3. Section 3.16.125 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3.16.125. Rental, Lease and
Maintenance of In-Vehicle Parking Regulators.
The Parking and Traffic Engineer shall be
responsible for the rental, lease and
maintenance of in-vehicle parking regulators.
The City Council by resolution shall approve
rules and regulations as necessary for the
rental, lease, use and maintenance of in-
vehicle parking regulators.
SECTION 4. Section 3.16.120 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.120. Operation of Parking
Meters. When any vehicle shall be parked in
any metered parking space, the operator
immediately shall deposit the required coin in
the manner prescribed on the parking meter
unless the parking meter indicates an
unexpired portion remains of the period for
which coins had been deposited previously, or
the operator immediately has placed into
operation an in-vehicle parking regulator in
compliance with rules and regulations approved
by the City Council, or in a period of
emergency determined by an officer of the Fire
or Police Department, or in compliance with
the directions of a police officer or traffic
control sign or signal. In no event shall it
be lawful to park a vehicle in a designated
metered parking space in excess of the maximum
parking time limit set by the Parking and
Traffic Engineer.
SECTION 5. Section 3.16.140 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.140. Funds Derived from
Parking Meters and In-Vehicle Parking
Regulators. Sections 3.16.150 and 3.16.160
prescribe the collection of parking meter and
in-vehicle parking regulator funds.
SECTION 6. Section 3.16.150 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.150. Collection. The
Director of Finance shall be authorized to
make regular collections of the money
deposited in the parking meters and to deliver
the money to the City Treasurer who shall
count and deposit the funds. The Parking and
Traffic Engineer shall collect fees for rental
or lease of in-vehicle parking regulators, and
shall promptly convey all funds collected from
such fees to the City Treasurer who shall
count and deposit the funds.
SECTION 7. Section 3.16.160 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.160. Use of Funds. The
coins deposited in parking meters and the
funds collected from the rental or lease of
in-vehicle parking regulators shall be used to
defray the expense of proper regulation of
traffic upon the public streets of the City;
to provide for the cost of supervision,
regulation and control of the parking of
vehicles in parking meter zones, including the
use of in-vehicle parking regulators therein;
and to cover the cost of purchase,
supervision, protection, inspection,
installation, operation, maintenance, control
and use of parking meters and in-vehicle
parking regulators and may be used for such
other uses as are proper.
SECTION 8. Section 3.16.250 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.250. Violation - Parking
Where Meter Indicates Time Limit is Over. It
is a violation to permit any vehicle to remain
or be placed in any parking space adjacent to
any parking meter while said meter is
displaying a signal indicating that the time
for which coins had been deposited in said
meter has expired, except when an in-vehicle
parking regulator is in operation in
compliance with this Chapter.
SECTION 9. Section 3.16.270 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.270. Violation - Damaging
Parking Meters or In-Vehicle Parking
Regulators. It is a violation to deface,
injure, tamper with, open or willfully break,
alter, destroy, or impair the usefulness of
any parking meter or any in-vehicle parking
regulator installed or provided under the
provisions of this Chapter.
SECTION 10. Section 3.16.265 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3.16.265. Violation - Parking.
It is a violation to display or cause to be
displayed in a motor vehicle, any in-vehicle
parking regulator when the time remaining in
said regulator has expired, or when said
regulator has been defaced, injured, tampered
with, altered, destroyed or impaired, or when
said regulator is not being used in compliance
with this Code, or to display or cause to be
displayed in a motor vehicle, any false or
imitation device which appears or purports to
be an in-vehicle parking regulator.
SECTION 11. Section 3.16.290 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.290. Fines.
Notwithstanding any other provision of this
Code to the contrary, violation of Sections
3.04.050, 3.04.070, 3.04.080, 3.04.090,
3.04.100, 3.04.140, 3.04.150, 3.04.160,
3.12.250, 3.12.260, 3.12.270, 3.12.300,
3.12.310, 3.12.370, 3.12.380, 3.12.390,
3.12.400, 3.12.400, 3.12.410, 3.12.420,
3.12.430, 3.12.440, 3.12.460, 3.12.470,
3.12.520, 3.12.530, 3.12.550, 3.12.570,
3.12.620, 3.12.630, 3.12.640, 3.12.650,
2.13.660, 3.12.770, 3.12.810, 3.12.820,
3.12.830, 3.12.860, 3.12.870, 3.12.880,
3.12.890, 3.12.920, 3.12.930, 3.12.940,
3.12.10000, 3.12.1010, 3.12.1020, 3.16.265, or
former Sections 3336 and 3378 of this Code
shall be punishable by the following fines:
1. If court appearance is made or
bail posted within the time set forth in the
notice of violation or notice to appear, not
less than twenty-five dollars ($25.00) shall
be assessed.
2. If no appearance is made nor
required bail posted as set forth in
subsection 1 above, after a warrant of arrest
is issued in the manner required by law, not
less than twenty-five dollars ($25.00) shall
be assessed.
SECTION 12. Section 3.16.300 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 3.16.300. Notwithstanding any
other provision of this Code to the contrary,
violations of Sections 3.04.020, 3.04.110,
3.04.180, 3.12.330, 3.12.340, 3.12.540,
3.12.580, 3.12.590, 3.12.610, 3.12.730,
3.12.740, 3.12.760, 3.12.780, 3.12.790,
3.12.840, 3.12.850, 3.12.910, 3.12.1030,
3.12.1040, 3.16.240, 3.16.250 or 3.16.260 of
this Code shall be punishable by the following
fines:
1. If court appearance is made or
bail posted within the time set forth in the
notice of violation or notice to appear, not
less than ten dollars ($10.00) shall be
assessed.
2. If no appearance is made nor
required bail posted as set forth in
subsection 1 above, after a warrant of arrest
is issued in the manner required by law, not
less than twenty-five dollars ($25.00) shall
be assessed.
SECTION 13. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 14. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 15. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Acting City Attorney