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HomeMy WebLinkAboutO-1655 AMENDING MUNICIPAL CODE TITLE 10 REGARDING VEHICLES AND TRAFFICORDINANCE NO. 1655 (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 10 REGARDING VEHICLES AND TRAFFIC WHEREAS, The Public Works Department recognizes the need for certain designated employees to have the authority to remove vehicles from City streets in support of and coordination with the Police Department; and WHEREAS, the implementation of license plate recognition (LPR) technology for timed parking enforcement purposes requires that the timed parking section be amended to clarify how far a vehicle must move and for how long the vehicle must be moved before returning to the same area in order to improve the accuracy of parking enforcement and ensure compliance with this section; and WHEREAS, the City recognizes the need to accommodate ride share vehicles in the downtown area by allowing passenger vehicles the ability to load and unload passengers in commercial loading zones without being subject to citation; and WHEREAS, the City recognizes the need to allow passenger vehicles to be left unoccupied in passenger loading zones in order for certain activities to take place such as checking into a hotel or checking a student our from school without being subject to citation; and WHEREAS, parking specific sections must be updated to maintain consistent language throughout Title 10. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10. 12.090 of the San Luis Obispo Municipal Code, entitled Removal of vehicles from street by police officers permitted when, is hereby amended to read as follows: 10.12.090 Removal of vehicles from street by police officers or designated employees permitted when. Any regularly employed and salaried officer or designated employee of the police department or the public works department of this city may remove or cause to be removed: A. Any vehicle that has been parked or left standing upon a street or highway for seventy- two or more consecutive hours; B. Any vehicle which is parked or left standing upon a street or highway when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal; 01655 Ordinance No. 1655 (2018 Series) Page 2 C. Any vehicle which is parked or left upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicles would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal; D. Any vehicle which is blocking designated fire lanes or alleys where parking is prohibited. SECTION 2. Section 10.36.235 of the San Luis Obispo Municipal Code, entitled Restricted parking in certain city parking lots, is hereby amended to read as follows: 10.36.235 Restricted parking in city parking facilities. No person shall stop, stand, park or leave standing a motor vehicle in any city parking facility or space where vehicular parking has been restricted by a resolution adopted by the council; provided, that signs specifying the restrictions, or conditions under which parking is permitted, shall have been posted at all entrances to such property or at designated spaces. Such signs shall be approved both as to wording and posting by the public works director or their designee(s). SECTION 3. Section 10.40.010 of the San Luis Obispo Municipal Code, entitled Timed Parking, 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 public works director or their designee(s) 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 established by Section 10.52.030, 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. Once the designated time at an occupied space has elapsed, a vehicle may not return to a parking space in the same block face, or within 500 feet of where previously parked on the same block face or to the same city parking facility for a three-hour period. SECTION 4. Section 10.40.020 of the San Luis Obispo Municipal Code, entitled Backing into parking space, is hereby amended to read as follows: 10.40.020 Backing into parking space. No vehicle shall back in or park backwards in any city parking facility space with the exception of two -wheeled motorized vehicles. 01655 Ordinance No. 1655 (2018 Series) Page 3 SECTION 5. Section 10.40.060 of the San Luis Obispo Municipal Code, entitled Parking space markings, is hereby amended to read as follows: 10.40.060 Parking space markings. A. The public works director or their designee(s) is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings on city streets and in city parking facilities where authorized parking is permitted. B. When such parking space markings are placed on the highway or in city parking facilities, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space, unless the size or shape of such vehicle makes compliance impossible. SECTION 6. Section 10.44.010 of the San Luis Obispo Municipal Code, entitled Loading Zones — Markings — Authority, is hereby amended to read as follows: 10.44.010 Loading zones—Marking—Authority. A. The public works director or their designee(s) is authorized to determine and to mark loading zones and passenger loading zones as follows: 1. At any place in the central traffic district or any business district; 2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. B. Loading zones shall be indicated by yellow paint upon the top and side of all curbs in the zones. C. Passenger loading zones shall be indicated by white paint upon the top and side of all curbs in the zones. SECTION 7. Section 10.44.020 of the San Luis Obispo Municipal Code, entitled Curb Markings — Meanings — Authority to place, is hereby amended to read as follows: 10.44.020 Curb markings—Meanings—Authority to place. The public works director or their designee(s) 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. every Monday to Saturday, and between one p.m. and six p.m. every Sunday, unless otherwise indicated by posted signage, for any purpose other than the commercial 01655 Ordinance No. 1655 (2018 Series) Page 4 loading or unloading of materials by a commercially registered and licensed vehicle or a professionally signed passenger vehicle that displays an authorized commercial loading zone permit or for the purpose of loading and unloading of passengers by passenger vehicles. The commercial loading zone permit requirements and fee shall be established by resolution. 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 extend beyond the time necessary therefor and in no event for more than ten minutes, and such restrictions shall apply between seven a.m. and six p.m. every Monday to Saturday, and between one p.m. and six p.m. every 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. 2. When such zone is in front of a theater the restrictions shall apply at all times. D. When the public works director or their designee(s) 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 8. Section 10.44.030 of the San Luis Obispo Municipal Code, entitled Yellow loading zone—Time restrictions for loading and unloading, 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 materials or passengers 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 or professionally signed passenger vehicles displaying an authorized commercial loading zone permit that is used for commercial business deliveries; also, the delivery or pickup of express and parcel post packages and United States mail. The loading or unloading of materials shall not extend beyond the time necessary therefor and in no event for more than thirty (30) 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 eight minutes or longer shall constitute prima facie evidence that the vehicle was parked longer than the time necessary for loading or unloading. The council may, by resolution, temporarily extend the time for unloading and loading of materials at select locations when it is deemed in the best interest of the public due to temporary conditions such as construction, street or public parking lot closures. 01655 Ordinance No. 1655 (2018 Series) Page 5 C. The loading or unloading of passengers shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes and during such time no person shall leave any such vehicle unattended. SECTION 9. Section 10.44.040 of the San Luis Obispo Municipal Code, entitled White zones—Time restrictions for loading and unloading, is hereby amended to read as follows: 10.44.040 White zones—Time restrictions for loading and unloading. A. No person shall stop, stand or park any vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in this section. B. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage and shall not extend beyond the time necessary therefor and in no event for more than ten (10) minutes and during such time the vehicle may be left unoccupied to accommodate the use. C. Within the total time limits specified in this section the provisions of this section and Section 10.44.030 shall be enforced so as to accommodate necessary and reasonable loading or unloading, but without permitting abuse of the privileges hereby granted. SECTION 10. Section 10.52.040 of the San Luis Obispo Municipal Code, entitled Operational procedure to be followed, is hereby amended to read as follows: 10.52.040 Operational procedure to be followed. No person shall cause, allow or permit any vehicle to remain parked in any metered parking space unless a sign or signal indicating that meter fees have been paid is displayed by the adjacent parking meter. SECTION 11. Section 10.52.050 of the San Luis Obispo Municipal Code, entitled Unlawful to allow vehicle to remain parked after expiration of time, is hereby amended to read as follows: 10.52.050 Unlawful to allow vehicle to remain parked after expiration of time. No operator of any vehicle shall permit the vehicle to remain parked in any parking space during any time that the meter is showing a sign or signal indicating that such space is illegally in use other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking. SECTION 12. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. 01655 Ordinance No. 1655 (2018 Series) Page 6 SECTION 13. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 2nd day of October, 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 16th day of October, 2018, on the following vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 2,2 day of o c6lJ�ejc , 261 F_ P ` Teresa Purrington City Clerk 01655