Item 8-B
City Council Meeting 4-13-99 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 3.04.050 and Repealing Municipal Code Sections 3.04.060 and 3.04.090 Relating to Parking in Public Parking Lots
Introduction
This Staff Report conveys staff
=s recommendations for amendments to the Municipal Code which would facilitate enforcement of parking fee requirements applicable to beach parking lots. A proposed ordinance implementing staff=s recommendations is attached.Discussion
Historically, beach parking fees have been collected either by parking attendants or through an
Ahonor box@ system in which fees are deposited in boxes corresponding to particular spaces in the lots. Attendants staff the larger lots regularly throughout the year, and visitors pay a fee to the attendant upon entry. This system of fee collection is quite effective except as to the visitors who enter the lots during those hours when no attendant is on duty.In the smaller lots, when there is no attendant on duty, signage directs visitors to insert payment into the honor box slots corresponding to the numbered spaces which they occupy. However, the honor box method is problematic. Many visitors fail to deposit the fee, and there is no efficient means of enforcement because there is no readily visible indication of whether a visitor has paid the fee. Recently, in an effort to improve the revenue control system the City has begun replacing the honor boxes with a newer technology,
APay and Display@ Machines, which accept payment and provide a receipt. Visitors place their receipts on their dashboards, providing visible proof of payment.Currently, the Municipal Code makes no provision for enforcement of fee payment requirements in parking lots without attendants. Section 3.04.050 merely requires paying an attendant upon entry or upon exit if no attendant is on duty at the time of entry.
The proposed amendment to Municipal Code Section 3.04.050 would address each of the three means of fee collection: attendants,
APay and Display@ machines and AHonor Boxes.@ It would also prohibit removing a parking receipt from another=s vehicle. Finally, it would specify that a violation is an infraction punishable by a fine of $38.00, which is a standard fine for parking in violation of City signage.Budget/Financial Impact
It is anticipated that the proposed amendments would increase revenues from parking fees.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first reading.
PREPARED BY:
Judith Meister, Beach Manager
Marsha Jones Moutrie, City Attorney
Norman Wegener, Chief Deputy, Criminal Division
Claudia Thompson, Legal Admin. Staff Asst.
City Council Meeting 4-13-99 Santa Monica, California
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 3.04.050 AND REPEALING
MUNICIPAL CODE SECTIONS 3.04.060 AND 3.04.090
RELATING TO PARKING IN PUBLIC PARKING LOTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.04.050 is hereby amended to read as follows:
Section 3.04.050 Payment of posted fee required.
No person shall drive a vehicle onto any public parking lot without paying the posted fee to the attendant on duty thereon. In the event any vehicle is standing or parked on any public lot before the attendant arrives for duty, no person shall drive said vehicle from said parking lot without paying the posted fee to the attendant on duty thereon.
=s vehicle in a public parking lot.A. Parking Lots with Attendants. No person shall park a vehicle in a public parking lot with an attendant on duty unless he or she has paid the posted parking fee and displayed the receipt for payment on the vehicle. Any person who parks in an attended parking lot when no attendant is on duty shall pay the parking fee when exiting the lot if an attendant is then on duty. If a vehicle is parked in an attended public lot without a parking receipt, it shall be presumed that the vehicle entered the parking lot when there was no attendant on duty.
B. Parking Lots with Pay and Display Machines. No person shall park a vehicle in a public parking lot with a Pay and Display Machine unless he or she has paid the posted parking fee and displayed the receipt reflecting payment on the vehicle.
C. Parking Lots with Honor Boxes. No person shall park a vehicle in a public parking lot with an Honor Box unless he or she has deposited the posted parking fee in the slot designated for the space in which the vehicle is parked.
D. Removal of Parking Receipts Prohibited. No person shall remove a parking receipt from another
E. Penalty. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of Thirty-Eight Dollars ($38.00).
SECTION 2. Municipal Code Sections 3.04.060 and 3.04.090 are hereby repealed.
SECTION 3. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. 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 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 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 5. 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. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney