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HomeMy WebLinkAboutAdopt Ordinance No. 4192, Which Establishes Municipal Code S (2) IPPOVQ) FD1z AWP774A �- ASSEN 7) City of Huntington Beach 11 l6 ll�j Arpkove-D Po e File #: 19-1185 MEETING DATE: 12/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Adopt Ordinance No. 4192, which establishes Municipal Code Section 10.40.265 prohibiting misuse of disabled person placards or license plates Approved for introduction November 18, 2019, Vote: 7-0 Statement of Issue: As more California residents obtain temporary or permanent disabled placards/license plates, there is an increased potential for their misuse and abuse. While conducting enforcement, Parking Control Officers (PCO's) often see indicators of misuse or abuse and people taking advantage of loopholes in the State law, which prohibits proper enforcement. Because of these abuses, disabled spaces are not fully available to legitimately disabled persons with valid disabled placards/plates. To help curtail the issue with these violations, a local authority may enact an ordinance that allows for the enforcement of invalid, fraudulent, altered, unauthorized, and/or counterfeit disabled placard/plates. The proposed ordinance and resolution will ensure enforcement is applicable to the parking or standing of a vehicle on streets or highways, or in a parking stall or space in a privately or publicly owned or operated off-street parking facility, within our jurisdiction. Financial Impact: There is no cost associated with this proposed action. Any increase to revenue is unknown at this time. Recommended Action: Adopt Ordinance No. 4192, "An Ordinance of the City of Huntington Beach adding Section 10.40.265 to Chapter 10.60 of the Huntington Beach Municipal Code Relating to Disabled Parking Placards and License Plates." City of Huntington Beach Page 1 of 2 Printed on 12/11/2019 power Legistar— File #: 19-1185 MEETING DATE: 12/16/2019 Alternative Action(s): Do not approve the proposed Ordinance and/or Resolution and direct staff accordingly. Analysis: Under current law, the City is missing some ability to hold violators accountable, deter criminal activity, and allow for sufficient disabled parking. California Vehicle Code section 22507.8 allows a person to park in a marked handicapped stall if they have a placard. The language in this section does not address the validity of the placard/plate, who the placard/plate is specifically intended for or if it is altered/counterfeit. With the Ordinance and Resolution in place, the City of Huntington Beach will be able to: • Increase the availability of parking for legitimately disabled drivers, allowing them access to reserved parking spaces close to their destinations. • Help to eliminate some measure of placard abuse through the deterrent effect of enforcement and fine penalties, potentially increasing parking revenue collections in the City. • Encourage non-disabled drivers to use other available legal parking in off-street pay parking lots, metered parking areas, permit parking areas or other lawfully available spaces. • Prohibit illegal users of disabled placards to occupy high-demand parking spots at parking meters or in private parking lots open to the public for free all day with no incentive to limit their stay. • Aid merchants and promote shopping in business districts by increasing turnover of needed disabled parking spaces in front of stores or on the same blocks in these districts. • Improve the quality of life for the physically disabled placard holders and residents of the City. • Minimize the hardship on a disabled person whose physical disability prevents them from walking for more than a short distance or safely maneuvering a mobility device onto a sidewalk or other surface reserved for public ingress and egress. Environmental Status: Not applicable Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4192 2. Resolution No. 2019-75 City of Huntington Beach Page 2 of 2 Printed on 12/11/2019 powerE645j LegistarT" ORDINANCE NO. 4192 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING SECTION 10.40.265 TO CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DISABLED PARKING PLACARDS AND LICENSE PLATES WHEREAS, California Vehicle Code Section 22511.57 authorizes the City to prohibit vehicles with a disabled person's placard or special license plate from parking on streets or public or private offstreet parking lots where Department of Motor Vehicle records indicate: (1) the placard or plate is expired, revoked, or stolen; (2) the vehicle is not being used to transport the person authorized to be transported in the vehicle with the special placard or plate; or, (3)the plate or placard is counterfeit, altered or mutilated; WHEREAS, California Vehicle Code Section 40203.5(c)(1) states that parking penalties for a violation of an ordinance or resolution adopted pursuant to Section 22511.57 shall be collected as a civil penalty of not less than$250 and not more than $1,000. Section 40203.6(a) adds that the City shall levy an additional assessment equal to 10 percent of the penalty established pursuant to Section 40203.5, which assessment shall be deposited with the City; WHEREAS, California Vehicle Code Section 40203.5(c)(1) states that any peace officer, or any regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of the City, may remove and have towed any vehicle in violation of the City Ordinance prohibiting misuse of disabled person's placard or special license plate pursuant to Vehicle Code Section 22511.57; WHEREAS, the Legislature in enacting California Vehicle Code Section 22511.57 in 1994 stated that passage of Section 22511.57 would help eliminate "some measure of placard abuse thereby increase the availability of parking for those using legitimate placards as well as the general public," as the misuse of disabled placards belonging to unauthorized persons had reached "extremely high levels in urban areas where parking is in short supply,"not only limiting the available parking for disabled persons using legitimate placards, but also depressing the parking revenue collections of local agencies; WHEREAS, 25 years after Section 22511.57 was enacted, the misuse of disabled placards and license plates continues to remain at high levels in the City, depriving legitimately disabled drivers of reserved parking spaces close to their destinations, cheating the City out of public revenue, and allowing illegal users of disabled placards to occupy high-demand parking spots for free all day with no incentive to limit their stay; WHEREAS,the misuse of disabled placards and license plates harms merchants in business districts, because there is no turnover of needed parking spaces when people improperly park all day in front of the same store, or on the same blocks in these districts, discouraging- customers from visiting and shopping in the area; Ordinance No.4192 WHEREAS, a person illegally using a disabled placard or license plate deprives a disabled person from finding or accessing a disabled space, which is designed to provide the extra room needed for a disabled person who requires the assistance of a wheel chair or other mobility device to safely enter or exit a vehicle, or to safely maneuver a wheelchair or other mobility devise onto a sidewalk or other surface reserved for public ingress and egress; WHEREAS, a person illegally using a disabled placard or license plate in order to park in a reserved space in close proximity to the entrance of a building creates a tremendous physical hardship on a disabled person whose physical disability prevents the person from walking for more than a very short distance; WHEREAS, illegal use of reserved parking spaces for the disabled diminishes the quality of life not only for the physically disabled, but also for all residents of the City; WHEREAS, setting the maximum penalty under state law for a violation of any subsection of Section 22511.57 is necessary since current City fines for misuse of a disabled placard have not had a sufficient deterrent effect in reducing the illegal use of disabled placards in the City; and WHEREAS, reserved parking spaces for the disabled allow persons with limited mobility to access all parties of the City in order to fully participate, benefit, and contribute to community life within the City. Now, therefore, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.40.265 is hereby added to the Huntington Beach Municipal Code to read as follows: 10.40.265 Misuse of Disabled Person Placard or License Plate A. This Section is enacted pursuant to California Vehicle Code Section 22511.57 authorizing local authorities to enforce the misuse of placards and special license plates intended for disabled persons or disabled veterans, as parking violations instead of misdemeanors. B. No person shall park or stand a vehicle on a street or highway, or in a parking stall or space in a privately or publicly owned or operated offstreet parking facility when the vehicle displays, in order to obtain special parking privileges, a disabled person placard or license plate, and any of the following conditions are met: 1. The records of the Department of Motor Vehicles for the identification 2 216347/19-8069/SFF Ordinance No.4192 1. The records of the Department of Motor Vehicles for the identification number assigned to the placard or license plate indicate that the placard or license plate has been reported as lost, stolen, surrendered, cancelled, revoked, or expired, or was issued to a person who has been reported as deceased for a period exceeding 60 days; or 2. The placard or license plate is displayed on a vehicle that is not being used to transport, and is not in the reasonable proximity of, the person to whom the license plate or placard was issued or a person who is authorized to be transported.in the vehicle displaying the placard or license plate; or 3. The placard or license plate is counterfeit, forged, altered, or mutilated. C. Notwithstanding Section_ 1.16.010 of the Municipal Code, a violation of this Section is subject to a civil penalty established by Resolution of the City Council, and is not an infraction. D. A vehicle parked in violation of this Section is not only subject to a civil penalty, but alternatively or in addition to may be towed pursuant to California Vehicle Code Section 22652.6. Any peace officer or any regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of the City may initiate the tow of the vehicle. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of December , 2019. ✓ May r ATTEST: APPROVED FORM l.� City Clerk City Attorney AV 7 IE tF.DN A OVED: INITIATED AND APPRO D: 'City Manager Chief of Police 3 216347/19-8069/SFF Ord. No. 4192 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 November 18,2019, and was again read to said City Council at a Regular meeting thereof held on December 16,2019, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Brenden, Carr, Semeta, Peterson, Delgleize, Hardy NOES: None ABSENT: Posey ABSTAIN: None I,Robin Estanislau,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 Wave on December 26,2019. In accordance with the City Charter of said City. "°" Robin Estanislau,Ci . Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California City of Huntington Beach File #: 19-1128 MEETING DATE: 11/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Robert Handy, Chief of Police Subject: Approve for introduction Ordinance No. 4192, which establishes Municipal Code Section 10.40.265 prohibiting misuse of disabled person placards or license plates, and adopt Resolution No. 2019-75, which establishes a bail amount for the new Municipal Code section and adds it to the Uniform Bail Schedule for Parking Violations Statement of Issue: As more California residents obtain temporary or permanent disabled placards/license plates, there is an increased potential for their misuse and abuse. While conducting enforcement, Parking Control Officers (PCO's) often see indicators of misuse or abuse and people taking advantage of loopholes in the State law, which prohibits proper enforcement. Because of these abuses, disabled spaces are not fully available to legitimately disabled persons with valid disabled placards/plates. To help curtail the issue with these violations, a local authority may enact an ordinance that allows for the enforcement of invalid, fraudulent, altered, unauthorized, and/or counterfeit disabled placard/plates. The proposed ordinance and resolution will ensure enforcement is applicable to the parking or standing of a vehicle on streets or highways, or in a parking stall or space in a privately or publicly owned or operated off-street parking facility, within our jurisdiction. Financial Impact: There is no cost associated with this proposed action. Any increase to revenue is unknown at this time. Recommended Action: A) Approve for Introduction Ordinance No. 4192, "An Ordinance of the City of Huntington Beach adding Section 10.40.265 to Chapter 10.60 of the Huntington Beach Municipal Code Relating to Disabled Parking Placards and License Plates;" and, City of Huntington Beach Page 1 of 3 Printed on 11/13/2019 powereSQ)V LegistarTM File #: 19-1128 MEETING DATE: 11/18/2019 B) Adopt Resolution No. 2019-75, "A Resolution of the City Council of the City of Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking Violations." Alternative Action(s): Do not approve the proposed Ordinance and/or Resolution and direct staff accordingly. Analysis: Under current law, the City is missing some ability to hold violators accountable, deter criminal activity, and allow for sufficient disabled parking. California Vehicle Code section 22507.8 allows a person to park in a marked handicapped stall if they have a placard. The language in this section does not address the validity of the placard/plate, who the placard/plate is specifically intended for or if it is altered/counterfeit. With the Ordinance and Resolution in place, the City of Huntington Beach will be able to: • Increase the availability of parking for legitimately disabled drivers, allowing them access to reserved parking spaces close to their destinations. • Help to eliminate some measure of placard abuse through the deterrent effect of enforcement and fine penalties, potentially increasing parking revenue collections in the City. • Encourage non-disabled drivers to use other available legal parking in off-street pay parking lots, metered parking areas, permit parking areas or other lawfully available spaces. • Prohibit illegal users of disabled placards to occupy high-demand parking spots at parking meters or in private parking lots open to the public for free all day with no incentive to limit their stay. • Aid merchants and promote shopping in business districts by increasing turnover of needed disabled parking spaces in front of stores or on the same blocks in these districts. • Improve the quality of life for the physically disabled placard holders and residents of the City. • Minimize the hardship on a disabled person whose physical disability prevents them from walking for more than a short distance or safely maneuvering a mobility device onto a sidewalk or other surface reserved for public ingress and egress. Environmental Status: Not applicable Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4192 2. Resolution No. 2019-75 City of Huntington Beach Page 2 of 3 Printed on 11/13/2019 power LegistarTM File #: 19-1128 MEETING DATE: 11/18/2019 City of Huntington Beach Page 3 of 3 Printed on 11/13/2019 powere50A,Legistar- ORDINANCE NO. 4192 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING SECTION 10.40.265 TO CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DISABLED PARKING PLACARDS AND LICENSE PLATES WHEREAS, California Vehicle Code Section 22511.57 authorizes the City to prohibit vehicles with a disabled person's placard or special license plate from parking on streets or public or private offstreet parking lots where Department of Motor Vehicle records indicate: (1) the placard or plate is expired, revoked, or stolen; (2) the vehicle is not being used to transport the person authorized to be transported in the vehicle with the special placard or plate; or, (3) the plate or placard is counterfeit, altered or mutilated; WHEREAS, California Vehicle Code Section 40203.5(c)(1) states that parking penalties for a violation of an ordinance or resolution adopted pursuant to Section 22511.57 shall be collected as a civil penalty of not less than $250 and not more than $1,000. Section 40203.6(a) adds that the City shall levy an additional assessment equal to 10 percent of the penalty established pursuant to Section 40203.5, which assessment shall be deposited with the City; WHEREAS, California Vehicle Code Section 40203.5(c)(1) states that any peace officer, or any regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of the City, may remove and have towed any vehicle in violation of the City Ordinance prohibiting misuse of disabled person's placard or special license plate pursuant to Vehicle Code Section 22511.57; WHEREAS, the Legislature in enacting California Vehicle Code Section 22511.57 in 1994 stated that passage of Section 22511.57 would help eliminate "some measure of placard abuse thereby increase the availability of parking for those using legitimate placards as well as the general public," as the misuse of disabled placards belonging to unauthorized persons had reached "extremely high levels in urban areas where parking is in short supply,"not only limiting the available parking for disabled persons using legitimate placards, but also depressing the parking revenue collections of local agencies; WHEREAS, 25 years after Section 22511.57 was enacted, the misuse of disabled placards and license plates continues to remain at high levels in the City, depriving legitimately disabled drivers of reserved parking spaces close to their destinations, cheating the City out of public revenue, and allowing illegal users of disabled placards to occupy high-demand parking spots for free all day with no incentive to limit their stay; WHEREAS,the misuse of disabled placards and license plates harms merchants in business districts, because there is no turnover of needed parking spaces when people improperly park all day in front of the same store, or on the same blocks in these districts, discouraging customers from visiting and shopping in the area; Ordinance No.4192 WHEREAS, a person illegally using a disabled placard or license plate deprives a disabled person from finding or accessing a disabled space, which is designed to provide the extra room needed for a disabled person who requires the assistance of a wheel chair or other mobility device to safely enter or exit a vehicle, or to safely maneuver a wheelchair or other mobility devise onto a sidewalk or other surface reserved for public ingress and egress; WHEREAS, a person illegally using a disabled placard or license plate in order to park in a reserved space in close proximity to the entrance of a building creates a tremendous physical hardship on a disabled person whose physical disability prevents the person from walking for more than a very short distance; WHEREAS, illegal use of reserved parking spaces for the disabled diminishes the quality of life not only for the physically disabled, but also for all residents of the City; WHEREAS, setting the maximum penalty under state law for a violation of any subsection of Section 22511.57 is necessary since current City fines for misuse of a disabled placard have not had a sufficient deterrent effect in reducing the illegal use of disabled placards in the City; and WHEREAS, reserved parking spaces for the disabled allow persons with limited mobility to access all parties of the City in order to fully participate, benefit, and contribute to community life within the City. Now,therefore, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.40.265 is hereby added to the Huntington Beach Municipal Code to read as follows: 10.40.265 Misuse of Disabled Person Placard or License Plate A. This Section is enacted pursuant to California Vehicle Code Section 22511.57 authorizing local authorities to enforce the misuse of placards and special license plates intended for disabled persons or disabled veterans, as parking violations instead of misdemeanors. B. No person shall park or stand a vehicle on a street or highway, or in a parking stall or space in a privately or publicly owned or operated offstreet parking facility when the vehicle displays, in order to obtain special parking privileges, a disabled person placard or license plate, and any of the following conditions are met: 1. The records of the Department of Motor Vehicles for the identification 2 216347/19-8069/SFF Ordinance No.4192 1. The records of the Department of Motor Vehicles for the identification number assigned to the placard or license plate indicate that the placard or license plate has been reported as lost, stolen, surrendered, cancelled, revoked, or expired, or was issued to a person who has been reported as deceased for a period exceeding 60 days; or 2. The placard or license plate is displayed on a vehicle that is not being used to transport, and is not in the reasonable proximity of, the person to whom the license plate or placard was issued or a person who is authorized to be transported in the vehicle displaying the placard or license plate; or 3. The placard or license plate is counterfeit, forged, altered, or mutilated. C. Notwithstanding Section_ 1.16.010 of the Municipal Code, a violation of this Section is subject to a civil penalty established by Resolution of the City Council, and is not an infraction.. D. A vehicle parked in violation of this Section is not only subject to a civil penalty, but alternatively or in addition to may be towed pursuant to California Vehicle Code Section 22652.6. Any peace officer or any regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of the City may initiate the tow of the vehicle. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of December , 2019. ATTEST: ✓''�� APPROVED FORM, H� City Clerk City Attorney AV IE LA N A OVED: INITIATED AND APPRO D: ity Manager Chief of Police 3 216347/19-8069/SFF Ord. No. 4190 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 November 18,2019, and was again read to said City Council at a Regular meeting thereof held on December 16,2019, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Brenden, Carr, Semeta, Peterson,Posey,Delgleize, Hardy NOES: None ABSENT: Posey ABSTAIN: None I,Robin Estanislau,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 Wave on December 26,2019. In accordance with the City Charter of said City. ✓ Robin Estanislau, Ci- Clerk City Clerk and ex-officio Clerk Deputy city Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2019-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AMENDED UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS WHEREAS, pursuant to California Vehicle Code Section 22511.57, the City added Section 10.40.265 to the Municipal Code prohibiting vehicles with a disabled person's placard or special license plate from parking on streets or public or private offstreet parking lots where Department of Motor Vehicle records indicate: (1) the placard or plate is expired, revoked, or stolen; (2) the vehicle is not being used to transport the person authorized to be transported in the vehicle with the special placard or plate; or, (3) the plate or placard is counterfeit, altered or mutilated; WHEREAS, California Vehicle Code Section 40203.5(c)(1) states that parking penalties for a violation of an ordinance or resolution adopted pursuant to Vehicle Code Section 22511.57 shall be collected as a civil penalty of not less than $250 and not more than $1,000. Section 40203.6(a) adds that the City shall levy an additional assessment equal to 10 percent of the penalty established pursuant to Section 40203.5, which assessment shall be deposited with the City; WHEREAS, Vehicle Code section 40203.5 requires local governing bodies to establish a schedule of parking penalties for parking violations; and WHEREAS, setting the penalty close to the maximum penalty under State law for a violation of any Subsection of Vehicle Code Section 22511.57 is necessary since current City fines for misuse of a disabled placard have not had a sufficient deterrent effect in reducing the illegal use of disabled placards in the City. As a result, the penalty is set at $800.00, which with 10 percent assessment is $880.00; and 19-8069/216351 1 Resolution No. 2019-75 NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1. Pursuant to the aforesaid authority, the City Council of the City of Huntington Beach does hereby rescind Resolution 2018-70 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 18th day of November , 2019. Mayor RE IEW D ND PRO ED: APPROVED ORM: City Manager Cit Attorney jam/! �NITIATED AND APPROVED: C ief Financial fficer 18-6867/192568 2 Resolution No. 2019-75 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 $46 10.40.060 No Parking Over 72 Hours $90 10.40.080 Repairing Vehicle on Street $52 10.40.200 (a) Diagonal Parking $42 10.40.240 (b) No Stopping Zone $43 Disabled Placard-use of lost, stolen, revoked or expired placard (Inclusive of 10%Assessment under Vehicle 10.40.265(B)(1) Code § 40203.6(a)) (A) $880 Disabled Placard-not used for transport of person issued placard (Inclusive of 10%Assessment under Vehicle 10.40.265(B)(2) Code § 40203.6(a)) (A) $880 Disabled Placard-use of counterfeit, forged, altered or mutilated placard (Inclusive of 10% Assessment under 10.40.265(B)(3) Vehicle Code § 40203.6(a)) (A) $880 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 street- 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 (fl 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 IOpm-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 18-6867/192568 2 Res. No. 2019-75 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 18, 2019 by the following-vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize , Hardy NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Huntington Beach Wave 1920 Main St.,Suite 225 Irvine, Ca 92614 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011346924 HUNTINGTON BEACH, CA 92648-2763 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4192 Adopted by the City Council on December 16,2019 FILE NO. Ord 4192 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADD- ING SECTION 10.40.265 TO CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO DISABLED PARKING AFFIDAVIT OF PUBLICATION PLACARDS AND LICENSE PLATES" SYNOPSIS: STATE OF CALIFORNIA, Ordinance No.4192 enables the City ofHuntin tonBeachto: • Increase the availability of parking for legitimately disabled SS. drivers,allowing them access to reserved parking spaces close to their destinations. County of Orange Help to eliminate some measure of placard abuse through the deterrent effect of enforcement and fine penalties, potentially in- creasing parking revenue collections in the City. • Encourage non-disabled drivers to use other available legal parking in off-street pay parking lots,metered parking areas,per- mit parking areas or other lawfully available spaces. • Prohibit illegal users of disabled placards to occupy hi h- I am a citizen of the United States and a resident of the demand parking spots at parking meters or in private parking lots open to the public for free all day with no incentive to limit their County aforesaid; I am over the age of eighteen years,and sta Aid merchants and promote shopping in business districts by in- not a party to or interested in the above entitled matter. I creasing turnover of needed disabled parking spaces in front of am the principal clerk of the Huntington Beach Wave, a ••torImprove the quality of life for the physically disabled placard newspaper that has been adjudged to be a newspaper of h. Minimize the hardshipeonta disabled person whose physical dis- general circulation by the Superior Court of the County of ability prevents them from walking for more than a short distance or safely maneuvering a mobility device onto a sidewalk or other Orange, State of California, on July 1, 1998, Case No. surface reserved for public ingress and egress. A-185906 in and for the City of Huntington Beach, County COPIES F THIFICE DINANCE ARE AVAILABLE IN THE ITYof Orange, State of California;that the notice, of which the PASSED AND ADOPTED by the City Council of the City of Hunting- annexed is a true printed copy, has been published in ton Beach at a regular meeting held December 16,2019 by the follow- each regular and entire issue of said newspaper and not in ing roll call vote: any supplement thereof on the following dates,to wit: AYES: Brenden,Carr,Semeta,Peterson,Delgleize,Hardy NOES: None 12/26/2019 ABSENT: Posey This ordinance Is effective January 15,2019. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714.536.5227 ROBIN ESTANISLAU,CITY CLERK I certify(or declare) under the penalty of perjury under the Published:Huntington Beach Wave December 26,201911346924 laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: December 26,2019. Signature r.LP1-12115116 I 11/18/2019 Disabled Pa1114'�rkin = Al Issues • Loophole in the law does not address validity of placards or license plates • Increases in placard issuance has led to abuse/misuse • The disabled lack sufficient parking due to abuse/misuse • Parking enforcement challenges have led to limited enforcement • City lacks a local ordinance and resolution to address issue Options and Authority California Vehicle Code section 22511.57 provides two options for cities wishing to address these issues: A local authority may enact an ordinance that allows for the enforcement of invalid placard/plates, fraudulent use of a placard/plate, use of an altered or counterfeit placard/plate. A local authority may adopt a resolution adopting CVC section 22511.57. This way the city could use the language written in CVC section 22511.57 and establish the fine amount. SUPPLEMENTAL COMMUNICATION ak MF--Atinng Date: 1171—yllc--1 Agenda Mom No., /12S) 1 11/18/2019 Ordinance • Resolution Help • • • Disabled parking for legitimately disabled drivers and passengers Deter misuse/abuse of disabled placards and license plates Prohibit illegal users to occupy high-demand parking spaces at parking meters and parking lots open to the public * Promote business by increasing turnover of disabled parking spaces * Improve the quality of life for the disabled Minimize hardship for the disabled • - loophole in the Vehicle Code Increase ability for City of HB to collect revenue for violations Resolution 2019-75 & Ordinance No. 4192 CVC section 22511.57 allows City to enforce disabled parking violations on public of private streets or private off-street parking lots Adds HBMC Section 10.40.655 — Misuse of Disabled Person Placard or License Plate Allows City to set civil penalty between $250-$1000 with 10% City assessment Establishes fine amount of $880 Provides support for parking enforcement of expired, revoked, stolen, or misused placards or license plates Allows for the option of towing a violator vehicle CVC 22652.6 2 11/18/2019 Disabled Parkin Issues • Loophole in the law does not address validity of placards or license plates • Increases in placard issuance has led to abuse/misuse • The disabled lack sufficient parking due to abuse/misuse • Parking enforcement challenges have led to limited enforcement • City lacks a local ordinance and resolution to address issue Options and Authority California Vehicle Code section 22511.57 provides two options for cities wishing to address these issues: A local authority may enact an ordinance that allows for the enforcement of invalid placard/plates, fraudulent use of a placard/plate, use of an altered or counterfeit placard/plate. A local authority may adopt a resolution adopting CVC section 22511.57. This way the city could use the language written in CVC section 22511.57 and establish the fine amount. 1 11/18/2019 Ordinance • Resolution Help • • ' - Disabled parking for legitimately disabled drivers and passengers & Deter misuse/abuse of disabled placards and license plates Prohibit illegal users to occupy high-demand parking spaces at parking meters and parking lots open to the public Promote business by increasing turnover of disabled parking spaces Improve the quality of life for the disabled - Minimize hardship for the disabled Close •• • • •• ' Increase ability for City of HB to collect revenue for violations Resolution 2019-75 & Ordinance No. 4192 CVC section 22511.57 allows City to enforce disabled parking violations on public of private streets or private off-street parking lots Adds HBMC Section 10.40.655 — Misuse of Disabled Person Placard or License Plate Allows City to set civil penalty between $250-$1000 with 10% City assessment Establishes fine amount of $880 Provides support for parking enforcement of expired, revoked, stolen, or misused placards or license plates Allows for the option of towing a violator vehicle CVC 22652.6 2