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HomeMy WebLinkAbout02/17/1998, 4 - PARKING FINE INCREASES AND PARKING ORDINANCE CHANGES Council -ye j agcnoa RepoRt CITY OF SAN LUIS OBISPO FROM: Mike McCluskey, Director of Public Works Prepared By: Keith Opalewski, Parking Manager SUBJECT: PARKING FINE INCREASES AND PARKING ORDINANCE CHANGES CAO RECOMMENDATION a) Introduce an ordinance to print amending sections 10.40.010-10.40.030 (Stopping, Standing or Parking Restricted or Prohibitive in Certain Areas), 10.44.020 (Curb Markings-Meanings- Authority to Place), 10.44.030 (Yellow Loading Zone-Time Restriction for Loading and Unloading), and creating section 10.08.070 (Enforcement) b) Adopt a resolution to increase and establish parking fines for sections 10.36.040 (Prohibitive Parking) from $20 to $35, 10.36.235 (Restricted Parking in Certain City Lots) from $10 to $159 10.40.010 (Timed Parking Violation) from $10 to $15, establish 10.40.020 (Backing into Parking Spaces) at $15.00, 10.40.080 (All Night Parking Prohibited) from $8 to $20, 10.40.060 (Parking Space Markings) from $8 to $20, 10.44.030 (Commercial Loading Zone Violations) from $20 to $35, 10.52.040 (Meter Operational Procedures) from $2 to $10, 10.52.050 (Meters) from $8 to $10 effective April 1, 1998. REPORT IN BRIEF At the May 27, 1997 City Council meeting, Council considered parking fund rates prior to the adoption of the 1997-99 Financial Plan. The approved parking rates included a pre-approved parking meter rate increase of 10 cents per.hour in January 1998 as called for in Municipal Code Section 10.52.010 and a recommended parking fine increase of $2.00 ($8 to $10) for expired parking meters in January 1998. These parking rate and fine increases are in compliance with the current Parking Management Plan-Policy 6.4 (PMP 1995), which stipulates that rates and fines should be reviewed and increased periodically in order to maintain the self-sufficiency of the Parking Enterprise Fund. The recommended parking meter fine and other parking fine increases and section changes mentioned in the body of the report are also consistent with the enforcement polices (Policy 5.1) of the PMP which stipulates that parking laws should be enforced in order to "encourage meter payments: and to discourage overtime parking and habitual Darking violations people with six or more citations". It should be noted that parking fines have not been increased since 1991, with the exception of increasing the residential permit violation by $10.00 in 1994. The 1991 penalty for expired meters was increased from $5.00 to $8.00. In addition to the recommended expired parking meter fine increase, staff is also recommending a number of fine increases for specialized areas of enforcement as well as changes to clarify language in existing Municipal Code sections and introduce new sections that will enhance the overall enforcement polices for the. downtown area. The increases for specialized areas of �l Council Agenda Report—Parking Fines and Ordinances Page 2 enforcement are consistent with the fines found when other cities were surveyed (Exhibit A) and will allow improved enforcement and more efficient use of the City's parking resources. The recommended penalty increases apply to: • prohibitive parking and commercial zone violations increasing by$15.00 ($20 to 35.00) • establishing new penalty for backing into parking spaces at$15.00 • overnight parking restrictions and parking spaces markings increasing by $12.00 ($8 to $20.00) • operational procedures for meters increasing by$8.00 ($2 to$10.00) • time limit parking and permit parking lots increasing by$5.00 ($10 to $15.00) • increase parking meter violations by$2.00 ($8 to$10.00) The section changes clarify language that better addresses the: • abuse of commercial zones by passenger vehicles and extends the time of use for commercial zones by one hour from 5 pm until 6 pm. • introduces new sections that more precisely define the authority to issue parking citations, and creates a universal section for time limit enforcement ranging from 10 minutes to 10 hours. • establishes a specific violation for backing into a parking space. The specific increases and section changes will be discussed briefly to clarify the recommendations. DISSCUSSION Enforcement (10.08.070) New Code Section ieatesAuev :sectir;d that centrl�zes the lant,age llor who is xuthoixced �tk issue prlsittg:. ...:..::...v:�•}}}::n.f.}:!.ni:::..f:.::::::nf:.:::.�::ry.:::::::.: :.::...n�..: .:...:.....:.... }... n:}.{.:h n.i:{ ::ii:.....:i{yi;;:......: ;::::{{::`:::'{::;i{:r:i::::ai;y.iiiiiiii :.iiii:.}:ii'.i::i:!:4iii:i:f: :.}'.::::::........:::i This is a new Municipal Code section to be established in the Administration Chapter of Title 10 (Vehicles and Traffic). This was recommended by the City Attorney's Office to clarify and simplify, for the public, what City staff is authorized to issuing parking citations. Although the authority to issue parking and fire code citations is found in the individual job classifications for the. Police Chief. Fire Chief. and Parkins Enforcement Officer, there is no central place which clarifies this authority. Therefore, staff is recommending a clarifying section that clearly and succinctly states who can issue citations, which includes the designees of the Police and Fire Chiefs, and the Director of Public Works, who oversees parking operations, so everyone, staff and the public, have easy access to this information. This action is consistent with other Chapters of the Municipal Code that readily identifies authority roles and meets the City's goal of providing direct access to Municipal Code ordinances for the publics' edification. �—sZ- Council Agenda Report—Parking Fines and Ordinances Page 3 Stopping, Standing or Parking Restricted or Prohibited in Certain Places (10.40.010-030) ............:..:.::.::::::.:::.......................:.:::..::.,:.:::::::...::.:::::::::::::::...:......::..}iiiiiiiiiiiiii•..i..}>,i.,iiiiii>:.:>•.} Establrshes;oue:section:that addresses all tune ltmif park�ng..3rom•:iU mmuxes. 0, 4.homs :'ii:+.t:<.}:i ii ii:J:::::.i::.i:$:IA;$i'i }i i:i ):: :}:}y:}:>..:....:..i........................... ::: .............::::::.:.n.:. .i}: :i.i:!.i::i:::::i:.::f.isi:$$::$ii}i.i:::::}:::$:::::::::::::::::::::::::::: The current Municipal Code has several separate sections that pertain to time limit parking. Section 10 40 010 pertains to time limits from 12 to 36 minutes, Section 10.40.020 pertains to one hour parking and Section 10.40.030 pertains to two hour parkins. Since all of these sections pertain to time limit parking, staff recommends a "universal code" that combines all time limits that are posted by signs, curb markings or meters under one section. This approach makes it more succinct for enforcement and allows for improved parking management. It also offers flexible time periods to meet specific parking needs in the entire downtown and outlying areas. Through a range of 10 minutes to one hour for green curb markings all short-term parking needs can be met. In addition, other time designations ranging from one hour up to ten hours can also be incorporated into this one section, which only requires the designated time limits to be posted by signs, curb marking, or parking meters. Moreover, because of the ongoing need to discourage the abuse of overtime parking, staff is also recommending expanded language for this section that would require a vehicle to move a minimum distance of 150 meters (500 feet +/-) from an occupied space before the vehicle parks in a particular time limit zone. This eliminates the problem of people moving the vehicle a short distance (sometimes just one space) and the "clock' for the time limit restriction starts anew, which reduces the turnover ratio for the convenient curbside spaces and totally defeats the intent of time limit parking. Staff is recommending that the penalty for this violation be increased from$10 to $15. Backing into Parking Spaces (10.40.020) New Code Section ....::..... :....:.........::..:.....:::::::.::::i.;..:XX..:.:..:::.::.. :$:<i:.:$:ii:.i:. i:::.iiii:.iii:::<:}:.}:<.}i}iii•.::::::<.}>:}}:::.i.:.<.::::.i <>.} z seri'icalf..;>9d..dr:..Esses<:ah . ra:b et�:: h:cl:es iii:::.:::. i:.::::;:,.i::.n.;.:::;•ii;}}:..:<i.i :...:..}....:..:..::. .. ..............:.:.::::::.. n >.<>'r:.'r:.%<'€:;:.<.:>':<^>;:>[%:':»<!i<i:;:>:;<:,`:;:>:;`:`?'?>'?;"<<>:ss!:.... ppbGc:.... . n .s.:....... sp ,. . Municipal Code, Section 10.36.040 (No Parking Areas), Subsection F (In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property) is currently used to enforce vehicles backed into parking spaces that are parked against the flow of traffic. However, while this Municipal Code section works well in red zones and other areas deemed a traffic hazard, staff feels a new Municipal Code,section that more precisely addresses the backing into parking space issue would be more appropriate. The proposed change would be a new Code section that more precisely defines the issue of vehicles driving the wrong way and making unsafe movements to back into a space in the public parking lots and especially in the parking garages. This problem also applies when vehicles exit the space. This double scenario sets up a dangerous situation for vehicles and pedestrians alike that are not expecting other vehicles to be moving in the wrong direction while they are entering or exiting parking lots or structures. Staff views this as a situation that warrants a better defined and clarified section that specifically acknowledges that backing into parking spaces is unsafe and subject to a citation as opposed to continuing to use the no parking area section which does not clearly define this violation. Staff is recommending the penalty for this new section be established at$15.00. �-3 Council Agenda Report—Parking Fines and Ordinances Page 4 Commercial Zone Chances A) Curb Markings (10.44.020) :::::.::::.::.::. ...........i Eatetrds tftom+e for atfcal urst•,ofygtlo�v curb:(cot�nrnernal) c►nes:by ort+e htwr frothXx pra. :::.y.::...::...:..::....a::r.:.:.... .....:................................,.::.,:1. ;.............. ... .. ....... .... ..... ................ ...... .:,.YiY.:::::ii. : .. ,... :. .... , ' Y.....r...,n:..:..n. .v...�.:::!::?.. ..::.............: y:::.I,:. �::.,'.:ri'::�'..iii:.i4'i'n'...�.:n:rv::.�::irv:.:.:..:)!p:y:::i{iii:::i:i4:::j��i trnftl . . ;::anr <ettnrumatstie:;exem ,Eton>iu.:�n .. p::.. P..,.:,.....................:....:.....,:......... ,., p g The California Vehicle Code (CVC) defines the color of curb markings to be used for specific purposes and authorizes local authorities to enact local parking regulations to control these specialized zones. "Yellow" curb markings apply to the stopping only for the purpose of unloading and loading freight for the time as may be specified by local ordinance. The current Municipal Code authorizes the use of yellow (commercial) loading zones between the hours of 7 am and 5 pm except Sunday and holidays. However, these hours and days are inconsistent with the hours for parking enforcement of downtown meters and time limits. Parking meters and time limits are in effect from 9 am to 6 pm except Sunday. Enforcement takes place during the same hours and days of the week. The two hour variance in the morning (7 am to 9 am) is not a problem because most businesses are not open until 10 am and other spaces are readily available. The problem is the one hour variance in the evening (5 pm vs. 6 pm). At 5 pm the yellow zones become open, free parking for any vehicle, which creates a high demand for people to eagerly seek out these "free parking islands" among the metered spaces which are still in effect until 6 pm. This disparity has created a difficult situation for commercial deliveries, in that it not only encourages illegal parking, but also creates unsafe conditions because commercial trucks are forced to double park or use red zones and crosswalks in order to obtain access to businesses that are still open after 5 pm. By matching the 6 pm ending time for meters and time limit areas and. eliminating the "holidays" wording to coincide with meter payment days, improved commercial access would be created that is consistent and conducive to sae parking and traffic flow in the downtown. B) Yellow Zone Use Definition (10.44.030) :::::::::.:.: . ... .......::.:...iii»»:,> Clanftes th f vehicles mast rl�splay.:.rt..commercial vehrcte I"dus pinte:rrt osd��,to.usa comer+rraTzo....e: :<>>»>.:>;::€:::_::>:;;::::>::>::>_.:: :>:<::>>:::i:<:;>::>:::;:: :::<:»<:<:::;<':::: :>:::::.....:<:<< €::<: <'><i<<<!< z<<" >`>€ yglta .cutbwco. ..... .. ,. n. . :... The City Attorney's Office has suggested clarification wording for consistent use of commercial zones by clarifying the fact that vehicles must be commercially registered and licensed in order to legitimately use a commercial loading zone. The commercial license plate clearly identifies the vehicle as a legitimate user of the special purpose zones as opposed to a passenger vehicle being registered to a business, but does not possess the unique commercial license plate. This clarification should help diffuse the problem of passenger vehicles using commercial zones without the proper vehicle license plate. Staff is recommending that the penalty be increased from $20 to $35. Council Agenda Report—Parking Fines and Ordinances Page 5 Penalty Increases The proposed penalty in Section 10.52.050 for expired meter violations is $10 (up from $8). This is below the average rate for other cities $12.50 that were surveyed as part of the recommendations for increasing parking citation penalties (City Survey-Exhibit A). The meter violation increase is consistent with PMP financial and enforcement polices that stipulate that rates should be adjusted periodically in order to maintain the self-sufficiency of the parking fund and to encourage payment.of meters. Since meter violations have not been increased since 1991, the $2.00 increase is consistent with adopted policies for the parking program, which was discussed at the 5-27-97 Council meeting and staff was directed to proceed with this increase in 1998. In addition to this and those previously discussed, the remaining recommendations are for penalty increases only without any language changes to specific Municipal Code sections. The recommended fine increases are consistent with other cities and allow for improved parking enforcement strategies. All of the increases are consistent with City-adopted policies for parking enforcement and financial support of the parking program and are summarized below. Prohibitive Parking (10.36.040) is recommended to increase because of the seriousness of red curbs being violated which can be a ublic safety issue. :........: ..............�M :.,. ... Restricted Parking in Certain City Parking Lots (10.36.235) is recommended to increase to help bring permit lot violations more in line with other penalties. X. :: Cute penalty.. H,.,SI .00. . ... ..7 4ecritmended penaitY. . $]x.00 Parking Space Markings (10.40.060) is recommended to increase to help address the problem of vehicles blatantly occupying more than one space which„is critical during busy times of the year., vehicles Y ..:... l ::. X. Cuiitt getyY ::<: $8:Q0 Rcprt►mendpd penalty24,Oi1 ' v••••• wmmx:m.:A.rl::w:.. All Night Parking Prohibited (10.40.080) is recommended to increase to reinforce the need to keg the downtown streets clear for street cleaning and to deter overnight camping. i�rre 'penal¢y:< X8:00 r... :... .. Recommended P. Y Meter Operational Procedure (10.52.040) is recommended to increase to address the issue of meters being misused or abused during normal operational procedures. mrrtended .enal ,.>€:;>;:;,: < ...>C:...,. ?a.. Staff is recommending that all of the increased penalties be effective April 1, 1998 to coincide with the effective dates of the recommended ordinance changes to eliminate any confusion on the part of the public. CONCURRENCES The proposed ordinance chancres and additions and recommended penalty increases have been reviewed by the City Attorney and Police Department and they concur with the recommendations. Council Agenda Report—Parking Fines and Ordinances Page 6 The Business Improvement Association (BIA) has been informed of the changes but has not formulated a position, which will be discussed at the February 10, 1998 BIA Board meeting. The Chamber of Commerce and Property Owners Association have also been informed of the pending increases and changes. FISCAL IM PACT As mentioned earlier in the report, there have been no increases in parking penalties, with the exception of the residential permit citation, since 1991. Although penalty amounts have been discussed and reviewed in accordance with the 2-year interval called for in the current PMP, no formal action to increase penalties has taken place to date. The Change in Working Capital- Parking Fund worksheet (Exhibit B) from the 5-27-97 Council meeting includes the pre-approved 10 cent per hour parking meter increase in January 1998 along with a planned $2.00 increase for expired parking meters. These latter two increases are necessary to maintain the parking program's self-sufficiency for ongoing operations and planned expansion and have been previously considered by Council. The additional penalty increases summarized in Exhibit C call for increases ranging from $5 to $15 for specific parking codes. These increases are for improved enforcement and more efficient use of the City's current parking resources, with the fiscal implications being a secondary affect of the proposed changes. Again, since penalties have not been increased in nearly eight years, the recommended increases represent reasonable penalty amounts, that are both in line with other cities and provide the appropriate monetary deterrent for people to not violate the essential parking codes. The expired meter violations represent approximately a$50.000 annual increase in parking fines which are projected on the capital worksheet. Because there is a potential to write less of the specialized citations at the higher penalties, the actual dollar amount collected is subject to variation, which may result in greater or lesser amounts or even be revenue neutral. All of the additional monies will help meet projected revenues as well as ensure current and future parking projects continue to be funded exclusively out of the parking fund. ALTERNATIVES Staff has made recommendations that they feel will improve communications for the public and provide better enforcement policies to continue to meet the challenges of downtown parking enforcement through refined ordinance language. The increased penalties are the result of surveying other cities and establishing parking fines at a level that will meet the goals of the PMP for parking enforcement strategies and providing financial support of the parking program. Staff feels the recommendations are fair and reasonable for the identified code violations, although specific violations could be considered for greater or lesser amounts at Council's discretion. ATTACHMENTS Legislative Draft Section 10.08.070 (Enforcement) Section 10.40.010 (Timed Parking) Section 10.40.020 (Backing into Space) Section 10.40.030 (2-hour parking) Section 10.44.020 (Curb Markings) Council Agenda Report—Parking Fines and Ordinances Page 7 Legislative Draft Section 10.44.030 (Yellow Loading Zone) Proposed Ordinance for Recommended Changes Resolution for Increased Parking Penalties Exhibit A- City Survey for Parking Penalty Increase Exhibit B- Parking Fund Revenue Projections Exhibit C- Summary of Recommended Penalty Increases I:council agenda report carparldngfineord y-7 LEGISLATIVE DRAFT Chapter 10.08 ADNIINISTRATION Section: 10.08.070 Enforcement. All adopted State and City parking ordinances shall be administered and enforced by the Police Chief, the Fire Chief and the Director of Public Works Department of the City. or such other persons as they shall designate as Enforcing Officers. Chapter 10.40 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED IN CERTAIN AREAS Section: 10.40.010 Twelve, aAv .. twenty feu.-, .a._.+.. and tl._.•ty six minute ute ..eel. 26r. Gfeen p standing 'r o r 1enger- h vweive, fifteen, t. ..t. l t" er- tl kty sixminutes .fete ed b the ..:ty tFaffie at vs-v i•• y•• J fifne between F&e a.m. and six p.m. eft any day „c 1- When h d puking ete b 1 V have been .7 ♦ d by h • 4T,.. to be FiesessaFy J aFe plaee ogee th eC Be J engineer- a sign eF . mew in ,ieiatien themef ��V Legislative Draft Page Two Timed parking. When authorized signs, narking meters or curb markings have been determined by the city traffic engineer to be necessary and are in place giving notice thereof no operator of any vehicle shall stop stand or park said vehicle between the hours of nine a.m. and six p.m. of any day except Sundays for a period of time longer than designated time posted by sign, parking meter or curb marking. Green curb markings shall mean no standing or parking of time longer than ten minutes up to one hour. All other time designations shall be from one hour up to ten hours Vehicle must move a minimum of 150 meters once designated time at occupied space has elapsed. Section: 10.40.020 One hew ing. the eity Ueffie en&eeF to b, neeessaFy and afe in ..l. a gi,,ing e flee th ee f, at e f an �Fu� vehiele shaH step, stand ef pafk said YeWele between the heur-s ef nine a.m. and sbe p.m. ef any Backing into parking space No vehicle shall back in or park backwards in any municipal lot or parking structure space with the exception of two-wheeled motorized vehicles. Section: 10.49.030 Twe-hexa y9 Legislative Draft Page Three veliele shall C, stand er- C ark said vehisie between the heur-9 ef Fine a.m. and sbE p.m. ef any. Chapter 10.44 STOPPING FOR LOADING OR UNLOADING ONLY Section: 10.44.020 Curb markings-Meanings - Authority to place. The City Traffic Engineer is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section. A. "Red" means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. B. "Yellow" means no stopping, standing or parking at any time between seven a.m. and €nre six p.m. of any day, except Sundays and-kelidays, for any purpose other than the commercial loading or unloading of materials by a commercially registered and licensed vehicle. C. "White" means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, Legislative Draft Page Four which shall not exceed three minutes, and such restrictions shall apply between seven a.m. and six p.m. of any day, except Sundays and helidays, and except as follows: 1. When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. 2. When such zone is in front of a theater the restrictions shall apply at all times. D. When the City Traffic Engineer as authorized under this chapter has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. Section: 10.44.030 Yellow loading zone - Time restrictions for loading and unloading. A. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading material for such time as is permitted in this section. B. The loading or unloading of materials shall be allowed only for those deliveries made by commercially registered and licensed vehicles used for commercial business deliveries; also, the delivery or pickup of express and parcel post packagesand United States mail. Passenger vehicles may not use a loading zone for any purpose except when the zone is not effective. .el.II Legislative Draft Page Five C. Permission herein granted to stop or stand a vehicle for the purpose of loading or unloading materials shall not extend beyond the time necessary therefor, and in no event for more than thirty minutes. Evidence that there was no activity involving the loading or unloading of materials into or from a vehicle during any continuous period of time of five minutes or longer shall constitute prima facie evidence that the vehicle was parked longer than the time necessary for loading or unloading. T-l�i ORDINANCE NO. (1998 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SECTION 10.08.070 (ENFORCEMENT) OF CHAPTER 10.08 (ADMINISTRATION); AMENDING SECTION 10.40.010 (TWELVE, FIFTEEN, TWENTY- FOUR, THIRTY AND THIRTY-SIX MINUTE PARKING), AND AMENDING SECTION 10.40.020 (ONE HOUR PARKING), AND DELETING SECTION 10.40.030 (TWO HOUR PARKING) OF CHAPTER 10.40 (STOPPING, STANDING OR PARKING RESTRICTRED OR PROHIBITED IN CERTAIN AREAS); AMENDING SECTION 10.44.020 (CURB MARKINGS -AUTHORITY TO PLACE) AND AMENDING SECTION 10.44.030(YELLOW LOADING ZONE - TIME RESTRICTIONS FOR LOADING AND UNLOADING) OF CHAPTER 10.44 (STOPPING FOR LOADING OR UNLOADING ONLY) OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, State law provides that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law provides cities the authority to establish regulations to control the parking of vehicles within the jurisdiction of the governing body; and WHEREAS, the Council of the City of San Luis Obispo held a public hearing on February 17, 1998 to consider amendments to ordinances of Title 10 (Vehicle and Traffic) of the San Luis Obispo Municipal Code. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.08.070 of the San Luis Obispo Municipal Code is hereby established to read as follows: 10.08.070 Enforcement. All adopted State and City parking ordinances shall be administered and enforced by the Police Chief, the Fire Chief, and the Director of Public Works Department of the City, or such other persons as they shall designate as Enforcing Officers. SECTION 2. Section 10.40.010 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.40.010 Timed parking. When authorized signs, parking meters or curb markings have been determined by the city traffic engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of nine a.m. and six p.m. of any day except Sunday, for a period of time longer than designated time posted by sign, parking meter or 4*0 43 Ordinance No. (1998 Series) Page Two curb marking. Green curb markings shall mean no standing or parking of time longer than ten minutes up to one hour. All other time designations shall be from one hour up to ten hours. Vehicle must move a minimum of 150 meters once designated time at occupied space has elapsed. SECTION 3. Section 10.40.020 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.40.020 Backing into parking space. No vehicle shall back in or park backwards in any municipal lot or parking structure space with the exception of two-wheeled motorized vehicles. SECTION 4. Section 10.40.030 of the San Luis Obispo Municipal Code is hereby deleted. SECTION 5. Section 10.44.020 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.44.020 Curb markings-Meanings- Authority to place. The City Traffic Engineer is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section. A. "Red" means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. B. "Yellow" means no stopping, standing or parking at any time between seven a.m. and six p.m. of any day, except Sunday, for any purpose other than the commercial loading or unloading of materials by a commercially registered and licensed vehicle. C. "White" means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes, and such restrictions shall apply between seven a.m. and six p.m. of any day, except Sunday, and except as follows: 1. When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. Ordinance No. (1998 Series) Page Three 2. When such zone is in front of a theater the restrictions shall apply at all times. D. When the City Traffic Engineer as authorized under this chapter has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. SECTION 6. Section 10.44.030 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.44.030 Yellow loading zone-Time restrictions for loading and unloading. A No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading material for such time as is permitted in this section. B. The loading or unloading of materials shall be allowed only for those deliveries made by commercially registered and licensed vehicles used for commercial business deliveries; also, the delivery or pickup of express and parcel post packages and United States mail. Passenger vehicles may not use a loading zone for any purpose except when the zone is not effective. C. Permission herein granted to stop or stand a vehicle for the purpose of loading or unloading materials shall not extend beyond the time necessary therefor, and in no event for more than thirty minutes. Evidence that.there was no activity involving the loading or unloading of materials into or from a vehicle during any continuous period of time of five minutes or longer shall constitute prima facie evidence that the vehicle was parked longer than the time necessary for loading or unloading. SECTION 7. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty(30) days after its final passage. Ordinance No. (1998 Series) Page Four INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of 1998, upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor Allen Settle ATTEST: Bonnie Gawf, City Clerk APPROVED AS TO FORM: rJ . J rgen I Cit Attorney RESOLUTION NO. (1998 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ESTABLISHMENT OF PARKING CITATION FEES, PENALTIES, SURCHARGES, AND PROCESSING; AND RESCINDING RESOLUTION NO. 8202 (1993) WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, State law and the issuing agencies authorize the adoption of uniform fees, penalties, collection, adjudication process, authority to issue parking citations for California Vehicle Code and local regulations, and to establish a compliance program for parking citation processing. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The City has implemented the provisions of AB 408 and hereby establishes the penalties for parking violations, late payment penalties, administrative fees, and other related fees for all parking violation codes set forth in Attachment 1., attached hereto and incorporated herein effective April 1, 1998. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1998. ATTEST Mayor Allen Settle Bonnie Gawf, City Clerk APPROVED C'Arlwocfhl rf& J gen , C' Attorney Date 01/29/98 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE Page i CODE&SECTION DESCRIPTION PENALTY SLMC 10.12.030 REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS 45 SLMC 10.12.040 BICYCLE ON HIGHWAY -REGULATIONS 20 SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 80 SLMC 10:12.080 REPORT OF DAMAGE TO CERTAIN PROPERTY 75 SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 45 SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS 45 SLMC 10.16.010 OBEDIENCE TO TURNING MARKERS 75 SLMC 10.16.030 OBEDIENCE TO NO-TURN SIGNS 45 SLMC 10.16.040 SIGNAL CONTROLLED INTERSECTIONS-RIGHT TURNS 45 SLMC 10.24.010 STOP SIGNS 20 SLMC 10.24.020 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING 45 SLMC 10.28.010 DRIVING THROUGH FUNERAL PROCESSION 45 SLMC 10.28.020 COMMERCIAL VEHICLES USING PRIVATE DRIVEWAYS 45 SLMC 10.28.030 RIDING OR DRIVING ON SIDEWALK 45 SLMC 10.28.040 NEW PAVEMENT AND MARKINGS 20 SLMC 10.28.050 LIMITED ACCESS 20 SLMC 10.28.060 OBEDIENCE TO BARRIERS AND SIGNS 75 SLMC 10.28.070 ENTRANCE INTO INTERSECTION-OBSTRUCTING TRAFFIC 20 SLMC 10.32.020 PED CROSSING IN BUSINESS DISTRICT OTHER THAN CROSSWALK 20 SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 20 SLMC 10.36.030 STOP/STAND/PARK IN VIOLATION OF CHAPTER 20 SLMC 10.36.040 NO PARKING ZONE-PROHIBITED PARKING 35 SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 10 SLMC 10.36.060 PARKING DEMONSTRATION 10 SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 10 SLMC 10.36.080 WASHING OR POLISHING VEHICLES 10 SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 10 SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 10 SLMC 10.36.110 PARKING ON GRADES 10 SLMC 10.36.120 UNLAWFUL PARKING -PEDDLERS, VENDORS 10 SLMC 10.36.130 EMERGENCY PARKING SIGNS 10 SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 10 SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 10 SLMC 10.36.160 NIGHTTIME PARKING OF VEH W/OPERATING AIR/REFRIGERATION 10 . SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA 10 SLMC 10.36.230 PERMITS-DISPLAY OF PERMITS 10 SLMC 10.36.235 NO PERMIT LOT 15 SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS 15 SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 15 SLMC 10.40.040 PARKING PARALLEL ON ONE-WAY STREETS 8 SLMC 10.40.050 DIAGONAL PARKING 8 SLMC 10.40.060 PARKING SPACE MARKINGS 20 SLMC 10.40.070 NO STOPPING ZONE 8 SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED 20 SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING/PARKING REGS. 10 SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE 35 Attachment 1 y-t8 Date 01/29/98 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE Page CODE&SECTION DESCRIPTION PENALTY SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD/UNLOAD IN WHITE ZONE 20 SLMC 10.44.050 STANDING IN ANY ALLEY 20 SLMC 10.44.070 HANDICAPPED PARKING 275 SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 45 SLMC 10.48.020 ADVERTISING VEHICLES 20 SLMC 10.48.030 ANIMAL DRAWN VEHICLES 20 SLMC 10.48.040 TRUCK ROUTES 75 SLMC 10.48.050 COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS 75 SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS 75 SLMC 10.52.040 PARKING METERS - OPERATIONAL PROCEDURES 10 SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 10 SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 2 SLMC 10.52.070 IMPROPER USE OF METER 2 SLMC 10.52.080 PARKING METERS/STANDARDS -PROPER USE 2 SLMC 10.52.110 MOTORCYCLE SPACES 2 SLMC 15.08.110 PARKING RED ZONE 10 CVC 5204(A) CURRENT TAB IMPROPERLY ATTACHED 76 CVC 21106(B) CROSSWALK-USE WHERE PROHIBITED 54 CVC 21113(A) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-MOVING 103 CVC 21113(A) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-PARKING 20 CVC 21113(C) DRIVEWAYS,PATHS, PARKING FACILITIES ON GROUNDS 20 CVC 21113(F) MOTORIZED BICYCLES, SKATEBOARDS ON PUBLIC PROPERTY 103 CVC 22500.1 STOPPING/STANDING/PARKING: FIRE LANE 75 CVC 22500(A) STOPPING/STANDING/PARKING: WITHIN INTERSECTION 20 CVC 22500(B) STOPPING/STANDING/PARKING: ON A CROSSWALK 20 CVC 22500(C) STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE 20 CVC 22500(D) STOPPING/STANDING/PARKING: WAN 15' FIREHOUSE ENTRANCE 20 CVC 22500(E) STOPPING/STANDING/PARKING: PUBLICIPRIVATE DRIVEWAY 20 CVC 22500(F) STOPPING/STANDING/PARKING: ON SIDEWALK 20 CVC 22500(G) STOPPING/STANDING/PARKING: ALONG/OPPOSITE OBSTRUCT 20 CVC 22500(1) STOPPING/STANDING/PARKING: ON ROADWAY SIDE OF VEHICLE 20 CVC 22500(1) IMPROPER PARKING IN BUS ZONE 250 CVC 22500(n STOPPING/STANDING/PARKING: IN TUBE OR TUNNEL 20 CVC 22500(x) STOPPING/STANDING/PARKING: UPON BRIDGE EXCEPT AUTH 20 CVC 22500(L) IMPROPER PARKING IN WHEELCHAIR ACCESS 250 CVC 22502(A) CURB PARKING 20 CVC 22502(B) PARKING OPPOSITE DIRECTION OF TRAFFIC 20 CVC 22502(C) CURB PARKING-WHEELS MORE THAN 18 INCHES FROM CURB 20 CVC 22504(A) UNINCORPORATED AREA PARKING 20 CVC 22505(A) PARKING ON STATE HIGHWAY WHERE SIGN POSTED 20 CVC 22505(B) POSTED NO PARKING -STATE HIGHWAY 20 CVC 22507 UNLAWFUL PARKING 20 CVC 22507.8(A) PARKING IN SPACE FOR HANDICAPPED 275 CVC 22507.8(B) PARKING IN SPACE FOR HANDICAPPED -OBSTRUCT/BLOCK 275 CVC 22507.8(C)(1) PARKING IN SPACE FOR HANDICAPPED -ON LINES MARKED 275 CVC 22507.8(C)(2) PARKING IN SPACE FOR HANDICAPPED-PARKING LOT 275 Attachment 1 dill-15F Date 01/29/98 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE Page CODE&SECTION DESCRIPTION PENALTY CVC 22510 PARKING IN SNOW REMOVAL AREAS 20 CVC 22511.7 HANDICAP ZONE 275 CVC 22512 VEHICLE UNATTENDED 103 CVC 22513 TOW CARS-PARKING ON FREEWAY 20 CVC 22514 FIRE HYDRANTS 20 CVC 22515(A) UNATTENDED VEHICLES-SET BRAKES/STOP MOTOR 20 CVC 22515(B) UNATTENDED VEHICLES-SET BRAKES/WHEELS/PREVENT MOVE 20 CVC 22516 LOCKED VEHICLE 103 CVC 22517 OPENING AND CLOSING DOORS 103 CVC 22520 STOPPING ON FREEWAY 20 CVC 22520.5 VENDING ON FREEWAY RIGHT-OF-WAY 103 CVC 22520.5(A) VENDING ON FREEWAY RIGHT-OF-WAY 103 CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 20 CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 275 CVC 22523(A) VEHICLE ABANDONMENT 270 CVC 22523(B) VEHICLE ABANDONMENT 270 CVC 22526(A) BLOCKING INTERSECTION PROHIBITED -ANTI-GRIDLOCK 50 CVC 22526(B) BLOCKING INTERSECTION 50 CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 103 CVC 22651(B) VEHICLE PARKED/LEFT STANDING TO OBSTRUCT TRAFFIC 103 CVC 22658.5 TOW COMPANY-REPORT DAMAGE 103 CVC 22658(L) TOW COMPANY-ILLEGALLY REMOVING VEHICLE 103 CVC 22951 PARKING LOT- STREET AND ALLEY PARKING 20 CVC 22952(A) PARKING LOT-TOWING OR REMOVAL 103 CVC 22952(B) PARKING LOT-TOWING OR REMOVAL 103 Attachment 1 T." n�i..;{..;%..i..yf.,:.:i'i.}:.ii..:i.:.:{..i:..::{:..:.,..}i.::.i.nii.:,i..J:.n;i.;;�.:.+:i..}:.i.:,i:n.i::.i.:.::..:i.i:.i.;:i.}:.}.;:.;.'rn.}.r.i••:.;:;:.}.;,.:?:..:.i..}:�':..ti;.:..:..:..a::J::{ili::%.:':.iii::iii.::i::i::}:fi:.i.}::l:.:.i.lii::i:ii:.}.: '. {::i::ii:{i....:i �nNINE .. 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San Luis $8.00 $10.00 $8.00 $20.00 $20.00 $20.00 $75.00 Obispo Santa No $20.00 $20.00 $30.00 $35.00 $25.00 $30.00 Barbara Meters Monterey $15.00 $15.00 $25.00 $25.00 $30.00 $15.00 $25.00 Cal Poly $8.00 $8.00 $15.00 $35.00 $15.00-$30.00 $20.00 $54.00 Santa $12.00 $12.00 $12.00 $24.00 $24.00 $30.00 $24.00 Cruz Santa $15.00 $20.00 $20.00 $25.00 $35.00 $20.00 $103.00 Rosa n,.:........r.r.. ......n.:........., i.i}:.:+::F:i:iii:::p:::..::::::J:::all .......:::::::::i:......:::::.i:<;•i:.. .ri::i i{iii{r::i:%:::.}:<.}:%.}:.i i:.::>:{.,.:.:.:.i:i•i";:.}:.ii:.::.i:i::{..,. .J .. �. :Y '.�::{::::i:i::{:i.}i;.}i:: .. .. }:. '::i::iil:��p/�� ,yy ,yJ.J�� '�.V.V.:{::::{:::iii::::: ..x.2.0:::>i:iy:ni}ii ii}:'.ii::.i:.i}}}:'}:^Y..;:nJ}:'a:.r: .......:..........r:.�:::.... <ii is{i+ifii}yi:;%{':.......................: . v. . .. .. ................ ..n........n.... :::::::::::::nn.....,.....,}:iii}....................... J::f::i::i:::::rv:::::::::W;Y..}ii}iii}:L;:.:...::e :::: .:.r:::::::::::.�.:::.v.r.n'::.... ........ ....... ........y:}i. : ......:.:.n.................... +iJ%.i;.i i:C:in:i.iiii}:i!i�:v; !i:F:i; {::v'::i:::i:ii:' Recommended $10.00 $15.00 $20.00 $35.00 $35.00 NA NA Fines Exhibit A 40t.Z G% G1 m V v1 .•. 00 7 N C� 1 00 .•. . 0+:;++ (� N y O V1 V1 •• h M 00 in 00 to h ••• 7 h �':-:.G V• e/5 O Z M .-� O N h 00 v1 •-• Iry 'r_...G �. h et h eh .•. .-. .-. V7 h N — .r Z O T ... M O_•0 ? — M O O 0 0 0 0 0 0 0 0 0 O O O O p C 0 0 0 O O O p OO O O O O O O O = O O O O O O O ^ O C t7 C 7 O O C% C% C< P V 00 v 00 V O n ['' 00 p.:V h• N .Z-1, f; N N --� h O� M c••1 M 00 00 7 C` VI 7 C1 A. e� V1 O 7 ^ .—. 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N C -T \: V1 Vi C1 _ — N M V' N — — M h N 0\ %M en 7 7 N C1 N V1 t e/1 Le N N N O 'J^' O O O O O0 O C O O O O O C O O O C C O ^ O O O O O C O O C = O O O O C O_ O ^ h C O 00 N V) cs PON 0` = n L^, h O ` V^ VS T V h O 7 O N Vl — h am % V �J 00 •--� h t^i - - 1 L^eJ U O O V 7 h M — O N — = P — 7 VI ^ O % V V1 O M V N — — — M %M N — V r+ .Z... ` %r-1 O r1 L N — N c•) N N D z Lo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o o c C. 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 c c p �. 00 V1 W p C\ V) — O N V C) r- en — C 00 O V1 \C V Z 'J'e1 00 C O 7 — Nn Cl) O Cl 00 V7 c'1 O h V1 00 0D e•) l7 M — �+ — 00 V1 O V N N C\ N 00 In — V1 %M00 tT � V N 7 e•! V N •-• — NV N O %0 1f� v C'� � v Q a L' e a v U U N y eyi v a e.. y v it C7 U U Y y [z c o a v y .: u = y v o Z y v o �. _ - a — o c, �- D e _ cot _ _n F. c _n to rnc v v Ln 1. `4L^ c0 a Exhibit B :'s`%e;:+'u't:'::::::::Y::^:: :::::r;n':.::::,i'':i::rSRi::::i::::::::,'>' ;;.'::::::::;:�...... ::::::::::::::::::i::isi::::i3::;::::`::::k recommendedarng Cion Pn$ity Incrcases , Febr=7 IM 1. 10.52.050 Meters- $8.00 to $10.00 2. 10.40.060 Parking Space Markings- $8.00 to $20.00 3. 10.36.040 Prohibited Parking - $20.00 to $35.00 4. 10.44.030 Loading Zone Violations- $20.00 to $35.00 5. 10.40.020.Back Into Parking Space- $15.00 (New Ordinance) 6. 10.40.080 All Night Parking Prohibited- $8.00 to $20.00 7. 10.52.040 Meter Operational Procedure to be followed - $2.00 to $10.00 8. 10.40.010 Timed Parking Violation- $10.00 to $15.00 9. 10.36.235 Restricted Parking in Certain City Parking Lots- $10.00 to $15.00 Exhibit C X23