HomeMy WebLinkAboutNS-2164 - Amending Section 33-94 of the Santa Ana Municipal Code to Establish a Fee for Reporting of Vehicles Towed from Private Property279
THE
FOLLOWS:
ORDINANCE NO. NS-2164
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 32-94 OF THE SANTA ANA
MUNICIPAL CODE TO ESTABLISH A FEE FOR
REPORTING OF VEHICLES TOWED FROM PRIVATE
PROPERTY
CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
SECTION 1: That Section 32-94 of the Santa Ana
Code, is hereby amended to read as follows:
Sec. 32-94. Removal of vehicle from private
notification, fee.
Municipal
property;
(a) It is the responsibility of the permittee and his tow
truck operator to ensure that the Santa Ana Police Department is
notified by the owner or person in lawful possession of the private
property pursuant to California Vehicle Code, Section 22658 prior
to the tow truck operator removing any illegally parked vehicle.
The tow truck operator, when authorized by the owner or person in
possession of the private property shall notify the Santa Ana
Police Department on behalf of the owner or person in possession of
the private property.
(b) The city council may, by resolution, establish a fee to
defray the cost of logging and creating computer entries for
vehicles stored from private property. The fee shall be paid by
the towing operation permittee under this article, and may be added
as a proper charge to the person causing the vehicle removal from
private property or to the person owning such vehicle.
SECTION 2: Until such time as a different fee may be
established by resolution of the city Council, the fee specified in
section 32-94 of the Santa Ana Municipal Code, as amended by this
ordinance, shall be $25.00 per notification.
SECTION 3: That the city council finds and determines that
California Vehicle Code Section 22658 requires notification of the
police department whenever a vehicle is stored for illegally
parking on private property. The california Department of Justice
requires users of the California Law Enforcement Telecommunication
System ("CLETS") to enter such stored vehicle information into the
statewide computer system. As a result, the city incurs a cost for
logging and creating the computer entry, which should be
reimbursed. The city council further finds that the amount of the
fee is reasonable reimbursement to the city for the costs incurred
by the City.
ORDINANCE NS-2164
Page 2 ~81
SECTION 4: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The city Council of
the city of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 5: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 6th day of July 1992.
ATTEST:
Mayor
COUNCILMEMBERS:
Young Aye
Pulido Aye
Acosta AY~
Griset Aye
McGuigan Aye
Norton Aye
Richardson Aye
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance ~- ~/~ to be the original ordinance
adopted by the City Council of the City of Santa Ana on
~-~ ~7~ ; and that said ordinance was published in
accordance with the Charter of the city of Santa Ana.
~Clerk of the Council, Date
City of Santa Ana