HomeMy WebLinkAboutOrdinance No. 4036 - Amending Chapter 10.68 of the HuntingtoDept. ID CA 14-014 Page 1 of 2
Meeting Date: 10/20/2014
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/20/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve for introduction Ordinance No. 4036 amending Chapter 10.68 of the
Huntington Beach Municipal Code by repealing Section 10.68.015 entitled
"Parking Inoperable Meters"
Statement of Issue:
Whether to repeal Section 10.68.015 of the Huntington Beach Municipal Code prohibiting vehicles
from parking in parking spaces with inoperative meters, due to recently amended State law
prohibiting the City from enforcing such restrictions.
Financial Impact: N/A
Recommended Action:
Approve for introduction Ordinance No. 4036, "An Ordinance of the City of Huntington Beach
Repealing Section 10.68.015 of the Huntington Beach Municipal Code Relating To Vehicle Parking
Restrictions at Inoperable Meters."
Alternative Action(s):
Do not adopt Ordinance No. 4036 Repealing Section 10.68.015 of the Huntington Beach Municipal
Code Relating To Vehicle Parking Restrictions at Inoperable Meters.
Analysis:
Section 10.68.015 of the City's Code prohibits a vehicle from parking in a parking space where the
meter is inoperative.
Recently, the California Legislature amended California Vehicle Code Section 22508.5, which
provides that as of January 1, 2014:
(a) A vehicle may park, for up to the posted time limit, in any parking space that is
regulated by an inoperable parking meter or an inoperable parking payment center.
(b) A local authority shall not, by ordinance or resolution, prohibit or restrict the parking
of vehicles in a space that is regulated by an inoperable parking meter or inoperable
parking payment center.
Accordingly, current state law prohibits cities from restricting vehicles from parking in spaces
regulated by inoperable parking meters. Amended California Vehicle Code Section 22508.5
effectively invalidates Huntington Beach Code Section 10.68.015. To avoid any confusion as to
enforcement and/or applicability, the City should repeal Code Section 10.68.015. It should be noted
that the state law is only operative until January 1, 2017, unless extended by a later statute.
1-1B _5,229_ Item 10. - I
Dept. ID CA 14-014 Page 2 of 2
Meeting Date: 10/20/2014
Environmental Status:
N/A
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
Ordinance No. 4036, "An Ordinance of the City of Huntington Beach Repealing Section
10.68.015 of the Huntington Beach Municipal Code Relating To Vehicle Parking Restrictions
at Inoperable Meters."
2. Legislative draft.
Item 10. - 2 xB -530-
ORDINANCE NO. 4036
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING SECTION 10.68.015 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO VEHICLE PARKING RESTRICTIONS AT INOPERABLE METERS
WHEREAS, on June 4, 1990, the City Council of the City of Huntington Beach adopted
Ordinance No. 3044, adding Section 10.68.015 to the Municipal Code prohibiting vehicles from
parking in parking spaces where the meter is inoperative; and
WHEREAS, effective January 1, 2014, amended California Vehicle Code Section
22508.5 prohibits local authorities from restricting vehicles from parking in spaces regulated by
inoperable parking meters; and
WHEREAS, Section 10.68.015 of the Huntington Beach Municipal Code prohibits
vehicles from parking in parking spaces with inoperable meters and is now effectively preempted
by state law.
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 10.68.015 of the Huntington Beach Municipal Code is hereby
repealed.
SECTION 2. If any section, subsection, sentence, clause or phrase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this Ordinance. The Ordinance and each and
every section, subsection, sentence, clause or phrase or word not declared invalid or
unconstitutional without regard to any such decision or preemptive legislation.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of November , 20 14.
14-4227/109333
Ord. 4036
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INITIATED AND APPROVED:
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Chief of Police
REVIE. ` ND APPROVED: APP ' VED AS TO FORM:
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14-4227/109333
Ord. No. 4036
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH 1
I, JOAN L. FLYNN, 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 20, 2014, and was again read to said City Council at a
Regular meeting thereof held on November 3, 2014, and was passed and adopted by the
affirmative vote of at least a majority of all the members. Of said City Council.
AYES:
NOES:
ABSENT:
ABSTAIN:
Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
None
None
None
I, Joan L. Flynn, CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council, do hereby
certify that a synopsis of this ordinance has been
published. in the Huntington Beach Fountain Valley
Independent on November 13, 2014.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk
Senior Deputy City Clerk
Ord. 4036
LEGISLATIVE DRAFT
H B - 5 33 - Item 10. - 5