HomeMy WebLinkAboutOrdinance #2619 ORDINANCE NUMBER 2619
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW
CHAPTER 10. 42 ENTITLED, "RESIDENTIAL PARKING PERMIT".
The City Council of the City of Huntington Beach, pursuant
to the authority granted by the California Vehicle Code §22507
does ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 10. 42 entitled,
"Residential Parking Permit" to read as follows :
10. 42. 010 Definitions. For the purpose of this chapter,
the following words and phrases are defined and shall be
construed as hereinafter set out unless it shall be apparent
from the context that they have a different meaning:
(a ) Commuter vehicle shall mean a motor vehicle owned or
controlled by a person who is not a resident of a residential
parking permit area and parked in a residential parking permit
area.
(b) Resident shall mean a person, or his guest, who lives
in a dwelling unit located in a residential parking permit
area.
(c) Residential parking permit area shall mean a street
segment between intersections, designated by resolution of the
City Council , wherein vehicles displaying a valid parking
permit shall be exempt from parking restrictions established
pursuant to the provisions of this chapter.
10. 42. 020 Designation of Parking District. The City
Council may designate, by resolution, upon the streets thereof,
residential parking districts and the director is authorized to
establish parking restrictions. The resolution shall establish
the streets and boundaries of such districts.
Designation Process and Criteria.
1. Petition of Residents - The director is authorized to
establish districts upon the following criteria:
Upon receipt and verification of a petition signed by
persons occupying dwelling units, comprising not less than 75
1.
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percent of the developed frontage of the street proposed for
designation, the director shall undertake such surveys or
studies as are deemed necessary to determine whether a street
should be designated as a residential parking district.
2. Findings of Need and Necessity - If the director finds
that on-street parking on a street is substantially reduced or
impaired by commuter vehicles for an extended period, the
director may recommend to the City Council that the street be
designated as a residential parking district.
A) Factors to be considered:
In determining whether a street identified as eligible for
designation as a residential parking area may be so designated,
the director shall consider factors and criteria which include,
but are not limited to, the following:
(I ) The area is located within the Coastal Zone as
described in California Resources Code §30150.
( II ) The extent to which the residents desire and need
permit parking and their willingness to bear the administrative
cost in connection therewith;
( III ) The extent to which legal on-street parking spaces
are not available for the use of residents and their guests
because they are occupied by commuter vehicles;
(IV) Whether other regulatory measures would better solve
the problem, e .g. , parking restrictions and strict enforcement
of such restrictions.
Issuance and Display of Permits. Parking permits for
residential parking permit areas, valid for one- calendar year,
shall be issued by the director. Permits may be renewed
annually upon reapplication in the manner required by the
director. Each application or reapplication for a parking
permit shall contain information sufficient to identify the
applicant, his residence address or address of real property
owned or leased within a residential permit parking area, the
license number (s ) of the motor vehicle (s ) for which application
is made, and such other information as may be deemed relevant
by the chief of police, or his designee. Permitees shall
display the residential parking permit as follows:
1. Permit may be hung on the rear view mirror while the
vehicle is parked; or
2. Permit may be placed upon the dashboard of the
vehicle so it is plainly visible through the
windshield from the exterior of the vehicle; or
2.
3. Permit may be attached to the left rear portion of
the vehicle so as to be plainly visible from the
street.
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Establishment of Fee. An initial charge shall be
established for each dwelling unit with frontage within the
designated street,and shall be based on the costs to establish
the district. Such costs shall include, but are not limited
to, installation of signs, curb markings, and other devices to
define the district. The initial charge shall be equal for
each dwelling unit included in the district and shall be paid
only one time for each such dwelling unit. The DPW shall
maintain a record of each unit and payment therefrom. A
renewal fee shall be set by resolution of the City Council for
issuance of annual renewal permits. The following shall
require a renewal fee :
1. Renewal of an existing permit.
2. Obtaining of an additional permit for additional
vehicles.
3. New resident of a dwelling unit for which the initial
charge has been paid. The renewal fee, as
established by resolution of the City Council , shall
be prorated by the month for the unexpired period
available .
Parking Permits Issued. Upon receipt of appropriate fees
and application, the director shall issue parking permit (s ) for
vehicles applied for, up to a maximum of four ( 4 ) permits per
dwelling unit. Where the vehicle for which a permit has been
disposed of and a substitute vehicle acquired, the permit may
be used in the substitute vehicle provided the director is
advised in writing of the change and given the necessary
information regarding the substitute vehicle.
Guest Permits. In addition to the regular permits issued
for each dwelling unit, two (2) guest passes will be given to
the permittee. These guest permits shall be valid for the same
period as the annual permit and shall be re-issued in the same
manner.
Replacement of Permits Lost or Stolen. Upon payment of a
fee established by resolution of the City Council, a
residential parking permit that has been lost or stolen may be
replaced with a new permit. The lost or stolen permit shall be
considered void. Use of any such voided permit is prohibited.
l ) t c�""' , "�7110
Posting Permit Areas. Upon adoption by the City Council
of a resolution designating a residential parking permit area,
the Department of Public Works shall cause appropriate signs to
be erected, indicating prominently thereon the parking
limitation, period of the day for its application,
3.
and the fact that motor vehicles with valid permits shall be
exempt therefrom.
Restrictions on Parking Permits.
Notwithstanding other provisions of this chapter, the following
restrictions shall apply:
(a) A residential parking permit shall not guarantee or
reserve to the holder thereof an on-street parking space in a
designated residential parking permit area.
(b) All street sweeping regulations shall be observed.
(c ) No vehicle shall be left parked in any parking space
in excess of seventy-two ( 72 ) hours.
Exemptions. The following vehicles shall be exempt from
the parking restrictions imposed by this chapter:
(a) A motor vehicle owned by or operated under contract
to a utility, whether privately or publicly owned, when used in
the construction, operation, removal, or repair of utility
property or facilities or engaged in authorized work in the
designated residential parking permit area.
(b) A motor vehicle identified as owned by or operated
under contract to a governmental agency and being used in the
course of official government business.
(c) A commercial vehicle or trailer while loading or
unloading property, or when such vehicle is parked in
connection with or in aid of the performance of a service to or
on real property in the residential parking permit area in
which such commercial vehicle is parked.
(d ) Any authorized emergency vehicle as defined by
California Vehicle Code Section 165.
The curb parking area within the boundaries of any public
facility shall be exempt from the provisions of this chapter.
The director shall install signs indicating such limits.
Revocation of Permit. The director may revoke a
residential parking permit for one ( 1 ) year if a permittee has:
(a ) Falsely represented himself as eligible for a parking
permit or furnished false information in an application for a
parking permit.
(b) Has copied, reproduced or created a facsimile or
counterfeit parking permit, or used or displayed a facsimile or
counterfeit residential parking permit.
4.
When a parking permit is to be revoked, the director or
his designee, shall give the permittee fifteen ( 15 ) days notice
of his intention to do so by mail , postage prepaid, addressed
to the permittee at the address shown on the permit
application. The permittee shall immediately surrender such
permit to the director unless he files an appeal prior to the
expiration of the fifteen day period with the City
Administrator for an administrative review. The City Adminis-
trator may confirm, overrule or• modify the decision of the
director to revoke such permit, and the decision of the , City
Administrator shall be final.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of December , 1983.
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ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Admini trator Director of Public Works
5.
Ord. No. 2619
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 5th day of December
19 83 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of December 19 83 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, MacAllister, Thomas, Kelly, Finley, bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth Cli'Y
Hunting;�n Beach and CLERK of the City of
Council, d ex•officio Clerk of the City
o hereby certify that a ordinance -,as been published synopsis of this
in the Huntington
Beach in'e?er�.9c,rrt 011
IR accordartc.lcifh tl:e ... �' • 19 r)-3
C;Ey Ct art,-, of said City'
,,.. ,,,.,,,, ,ACICIA,
ti. City Clerk
Gay City CPerk