HomeMy WebLinkAboutAdopt Resolution No. 2018-70 establishing monetary fines and City of Huntington Beach
File #: 18-528 MEETING DATE: 11/19/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
Subiect:
Adopt Resolution No. 2018-70 establishing monetary fines and penalties for violation of the
oversized parking regulations of section 10.44.060 of the City of Huntington Beach Municipal
Code adopted by Ordinance No. 4155
Statement of Issue:
On October 15, 2018, the City of Huntington Beach approved amendments to Ordinance No. 4155
Oversized Vehicles. The Police Department requests established fines and penalties for violation(s)
of Ordinance No. 4155.
Financial Impact:
Minimal cost for new information pamphlets and updated schedule of penalties for parking violations,
to be absorbed in the Police Department's current FY 2018/19 budget.
Recommended Action:
Adopt Resolution No. 2018-70, "A Resolution of the City Council of the City of Huntington Adopting
an Amended Uniform Bail Schedule for Parking Violations" approving and establishing a monetary
penalty in the amount of$82 for the first violation, $164 for the second violation in one year, and $246
for the third and each subsequent violations within one year of the first violation of the oversized
vehicle parking restrictions of section 10.44.060 of the City of Huntington Beach Municipal Code
adopted by Ordinance No. 4155 on October 15, 2018.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The City of Huntington Beach has established several ordinances to enforce oversized vehicle
parking in our City. Ordinance No. 4155 will take effect on November 14, 2018, restricting the parking
of Recreational Vehicles and unattached trailers, regardless of size. Exemptions will be made to
qualifying citizens with valid Oversized Vehicle Parking Permits. The ordinance will also establish as
oversized any vehicle over 22 feet long or 84 inches wide. (Similar restrictions apply to trailers).
City of Huntington Beach Page 1 of 2 Printed on 11/15/2018
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File #: 18-528 MEETING DATE: 11/19/2018
Legislation passed on July 1, 2018, (AB503) requires that individuals meeting indigent qualifications,
may have an opportunity for payment plans on parking citations. Payment plans are eligible to those
with parking citations not exceeding $300.
Surrounding cities, including Garden Grove, have begun to establish a tiered fee system. Garden
Grove recently approved a tiered fee system of $108 for the first violation, $208 for the second
violation within one year, and $508 for the third and each subsequent violation within one year of the
first violation.
The Police Department requests an established fine and penalties for violation(s) to mitigate the
public safety concerns associated with the illegal oversized vehicle parking.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Ordinance No. 4155 - adopted October 15, 2018
2. -Resolution No. 2018-70, "A Resolution of the City Council of the City of Huntington Adopting
an Amended Uniform Bail Schedule for Parking Violations"
City of Huntington Beach Page 2 of 2 Printed on 11/15/2018
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ORDINANCE NO. 4155
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PARKING — TIME LIMITS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 10.44.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.050 Penaltv--Continuing Violations
Any person violating any provision of this chapter shall, upon a conviction thereof, be guilty of
an infraction, and punishable by a fine not to exceed $100.00 for the first violation, $200 for the
second violation, and $300 for the third violation in one calendar year; provided further, that
each period of time a vehicle is left parked after the initial violation of such provisions shall be
deemed a separate offense, equal to the maximum legal parking time for the particular time zone
or parki_zg space as designated in sections setting the maximum legal time.
SECTION 2. Section 10.44.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.060 Oversized Vehicle Parking Regulations
Except as provided herein, no person shall park or leave standing upon any public highway or
alleyway:
A. Any motor vehicle, over 22 feet long or 84 inches wide, including, but not
limited to, buses, motor trucks, trailers, vehicles used or maintained as farm machinery or
a special purpose or equipment machine, any non-motorized vehicle such as a semitrailer,
recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility traiier,,
unattached trailer, motorcycle trailer, two or more axle camper, or one axle camper, over
84 inches wide, measured from the extreme forward/widest point to the extreme rear
point. Measurements shall include extensions and/or attachments.
B. Recreational vehicles of any size are not permitted. The term "recreational
vehicle" (RV) shall have the same meaning as set forth in California Healtb and Safety
Code Section 18010 or any successor statute.
18-625 1 n 82189/MV 1
SECTION 3. Section 10.44.065 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.065 Exceptions
Section 10.44.060 shall not apply to the following:
A. Recreational vehicles or oversized inotor vehicles as defined in Section
10.44.060, parked for the purpose of loading, or other short-term use, or unattached
trailers provided that a permit has been issued in advance by the Police Chief. The Foiicc
Chief, or his or her designee, shall have authority to make and enforce any rules and
regulations for or regarding the issuance, administration or enforcement of any permit as
set forth in this chapter. A permit may be issued for loading, unloading, or other short-
term use not to exceed 24 hours, provided that:
1. No more than 12 such periods are allowed in a calendar month; and
2. No more than three days consecutively; and
3. No more than 144 days in any 12-month period.
Such parking shall be limited to the area in front of the residence from which the loading or
unloading will occur, or in reasonable proximity thereto if the front of the residence is no,
available for parking. Permits are issued to the oversized vehicle as defined in section 10.44.060
oc the Huntington Beach Municipal Cede and not the drawing vehicle.
B. Nothing in this chapter shall be construed to permit sleeping in a vehicle.
C. A permit may be used for any oversized motor vehicle parking while used in
performing or assisting in performing city permitted services or repairs or. esidentia.i
property. The permit will be valid for 45 days and will be renewed only upon proof that
the vehicle is continuing to be used in performing the services described herein not to
exceed 90 days in any 12-month period.
D. Oversized vehicles as defined in Section 10.44.060 parked upon any public street
or highway in a commercial or industrial district between the hours of 6:00 a.m. and 9:00
p.m.
SECTION 4. Section 10.44.070 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
1 8-62 5 1/1 82 1 89/M V 2
ORDINANCE NO. 4155
PASSED AND ADOPTED by the City Council ofthe City of Huntington Beach at a regular
meeting thereof held on the 15th day of October , 20'_8.
Mayor
ATTEST:
City Clerk
RE-1iENN 11 N,- APPROVED: APPM AS O FORM:
Ciin, ger Ciiy Attorr, y
INITIATED AND APPR ED:
KI&J - -
Police Chief
1 8-62 5 1/1 821 89/MV 3
Ord. No. 4155
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 October 1, 2018, and was again read to said City
Council at a Regular meeting thereof held on October 15, 2018, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the Cit}Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on October 25,2018.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
senior Deputv Citv Clerk of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 2018-70
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, CALIFORNIA,
ADOPTING AN AMENDED UNIFORM BAIL SCHEDULE
FOR PARKING VIOLATIONS
WHEREAS, Vehicle Code section 40203.5 requires local governing bodies to establish a
schedule of parking penalties for parking violations.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows: Pursuant to the aforesaid authority, does hereby rescind Resolution 2015-57
and adopts the Uniform Bail Schedule for parking violations, attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of November , 2018
Mayor
REVIE D CAPPROVED: APPROVED A TO FORM:
City g,4
City Attorney NW
INITIATED AND AP OVED:
i
Chief of Police
18-6251/191861
PZ5 XL.m4liAv Nv.-20/$- 70
CITY OF HUNTINGTON BEACH
UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS
EXHIBIT A
10.40.030 Parking in Parkway $42
10.40.050 (c) No Parking/Red Curb/Sign Posted $61
10.40.050 (d) Street Sweeping $44
10.40.060 No Parking Over 72 Hours $42
10.40.080 Repairing Veh on Street $52
10.40.200 (a) Diagonal Parking $42
10.40.240 (b) No Stopping Zone $43
10,44.010 Taxi at Green Curb $42
10.44.020 24 Minute Zone $42
10.44.060 (a) Oversized vehicle over 22 feet- First violation $82
10.44.060 (a) Oversize vehicle over 22 feet-Second violation $164
10.44.060(a) Oversize vehicle over 22 feet-Third violation $246
10.44.060(b) RV on the street- First violation $82
10.44.060 (b) RV on the street-Second violation $164
10.44.060(b) RV on the stret-Third violation $246
10.48.050 (c) White Curb $42
10.48.090 Yellow Curb $42
10.48.100 Passenger Loading Zone $42
10.48.110 Alley Parking $52
10.52.010 (a) Designated Space $42
10.52.010 (f) Reserved Parking-City Lot $42
10.64.060 Out of Space in Metered Area $42
10.68.020 Exp. Meter/Business $58
10.68.030 Exp. Meter/Residential $58
10.68.040 Exp. Meter/Recreational $58
13.08.300 (b) No Parking 10pm-5am except by permit $42
13.08.300 (k) Reserved Parking- Beach Lot $42
13.48.060 Vehicles in Park $52
21113 (a) CVC Public Grounds $55
22500 (a) CVC Parked in Intersection $55
22500 (b) CVC Crosswalk $55
22500 (e) CVC Driveway $55
22500(f) CVC Sidewalk $55
22500 (h) CVC Double Parking $55
22500 (L) CVC Blocking/on Handicap Ramp $356
22500.1 CVC Fire Lane Parking $77
22502 (a) CVC Curb Parking $55
22505 (b) CVC No Parking/Signs Posted/State Highway $55
22507.8 (a) CVC Handicapped Parking $356
22507.8 (c)(2) CVC Handicap Hashmarks $356
22514 CVC Fire Hydrant $55
4000 (a)(1) Expired Registration $66
5204 (a) No Current Tab $31
Res. No. 2018-70
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 19, 2018 by the following vote.-
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California