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
..
Y:i.i.':S.�.:'.i:::::e:::i:{:{:.::.:�✓�;f•..f:.:.:.':.:..:.':.:..:.`:.i.n..:.'':..:{:.:`.:::.:{:.::.:i:.y,�::::::�i::;::;ii:;:.�;:i.:.{::j:i:::.::�:ii'}+}iJ::%::.iJ::::
..........
, ::..::.:..::::...
.. ....:.r.........................n.......... ...{... ................... ...... r:::::,.:......�::::.r..:.nii:}J•..,r..: c:'.;.:.,:::r:::::::,:.:;;::::.ir:::}:..:.:'::::::,...nn:::,:..y
. �ntx� >
.J}}:<.}:.J'.i:.;'
.Me€ers....
.:, .. ....,...n..:..Y�......................n...F........ ..... ..a........n..... .. ...... .1.,...........................:....::.n....... .. .. :.
::E:::}iii•.::';.i�.iJ::{ii}'F..'F..ivi}iiii:�iii:iii}}}i;.«x:::,:::::;.:.f{'J Vii}}::: .:.
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 ^ .—. O N h \0 Z V .-• •V1 h V Z N
N 12W
O O O Cl O 0 0 0 0 0 O O 0 0 O O O O O —
O C O O O C O O O O O O 00 O O O
- CJ l� O tit O O G1 .1 C1 C1 V 7 l, N 00 .. v1 N [' zo CN
V1 V) h C1 M .••. \ % 00 M O U- 07 7 O
Z M — O— N Tr M �-+ �^ •"� V0 \9 - N
•� — h Z h M — h h N 7 N V 1 w
N
— a v
O C 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 O O O O O
O O 0 0 0 0 0 0 0 O 0 0 (D 0 0 O O O O O
V O e} O O p p O\ \9 00 00 O 00 Z V V V N 00 Z
+U+ h
%6 7 C1 V) V) — h O� h CT cl M 00 '
00 v O — O h M — O N V1 — N 00 — en v `-' 0, O = C\
ON
v) •S h N — — Z h N — '+ N ea N —-N. L N •--� N N M y N
~ a
CD c 0 0 0 0 0 0 0 0 0 0 0 0 0 ^ o 0 0 0 o c
oc o00000o p 00000 0 c c c = = `c
� � c v� o o c. a c. � c ;R, v: v a c;,
C� n e i - %n 4n r M h h ri en e� M C en — M
h U O O DO V1 h M C N N N N -4. 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