HomeMy WebLinkAboutNS-2525 - Amending Article VIII of Chapter 36 of Santa Ana Municipal Code to Revise Provisions Relating to Metered Parking ...ORDINANCE NO. NS-252{5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING ARTICLE VIII OF CHAPTER
36 OF THE SANTA ANA MUNICIPAL CODE TO REVISE
PROVISIONS RELATING TO METERED PARKING
INCLUDING AMENDING THE PARKING METER RATES
TO SEVENTY-FIVE CENTS ($0.75) PER HOUR FOR
THOSE AREAS CURRENTLY SET A-i: TWENTY-FIVE
CENTS ($0.25) PER HOUR AND ONE DOLLAR ($1.00)
PER HOUR FOR THOSE AREAS CURRENTLY SET AT
FIFTY CENTS ($0.50) PER HOUR
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: That section 36-398 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-398. Parking meter district zone and fees.
(a) Pursuant to section 22508 of the California.Vehicle Code, parking meter
zones may be established and determined by ordinance of the City Council and the
boundaries of the parking meter district zone shall be as follows:
Beginning at the intersection of South line of First Street and the Southerly
prolongation of the West line of Olive Street, thence Easterly in a direct line
to the intersection of the Southerly prolongation of the East line of Spurgeon
Street and the Easterly prolongation of the South line of First Street; Thence
Northerly in a direct line to the Southeast corner of Spurgeon Street and
Third Street; Thence Easterly in a direct line to the intersection of the
Southerly prolongation of the East line of French Street and the Westerly
prolongation of the South line of Third Street; Thence Northerly in a direct
line to the Southeast corner of Fourth Street and French Street; Thence
Easterly in a direct line to the intersection of the Southerly prolongation of the
East line of Mortimer Street and the Easterly prolongation of the South line of
Fourth Street; Thence Northerly in a direct line to the Northeast corner of
Sixth Street and Mortimer Street; Thence Westedy in a direct line to the
Northeast corner of French Street and Santa Aha Boulevard; Thence
Northerly in a direct line to the intersection of the Easterly prolongation of the
North line of Eighth Street and the Northerly prolongation of the East line of
French Street; Thence Westerly in a direct line to the Northeast corner of
Spurgeon Street and Eighth Street; Thence Northerly in a direct line to the
Northeast corner of Washington Avenue and Spurgeon Street; Thence
Ordinance No. NS-2525
Page 1 of '10
Westerly in a direct line to the Northeast corner of Bush Street and
Washington Avenue; Thence Northerly in a direct line to the Northeast
corner of Seventeenth Street and Bush Stree. t; Thence Westerly in a direct
line to the Northeast corner of Main Street and Seventeenth Street; Thence
Northerly in a direct line to the intersection of the Easterly prolongation of the
South line of Buffalo Avenue and the Northerly prolongation of the East line
of Main Street; Thence Westerly in a direct line to the Southwest corner of
Main Street and Buffalo Avenue; Thence Southerly in a direct line to the
Northwest corner of Seventeenth Street and Main Street; Thence Westerly in
a direct line to the Northwest corner of.Broadway and Seventeenth Street;
Thence Southerly in a direct line to the Northwest corner of Washington
Avenue and Broadway; Thence Westerly in a direct line to the Northwest
corner of Flower Street and Washington Avenue; Thence Southerly in a
direct line to the Northwest corner of Civic Center Drive and Flower Street;
Thence Westerly in a direct line to the intersection of the Northerly
prolongation of the West line of Boyd Way and the Westerly prolongation of
the North line of Civic Center Drive; Thence Southerly in a direct line to the
Northwest corner of Sixth Street and Boyd Way; Thence Eastedy in a direct
line to the intersection of the Northerly prolongation of the West line of
Shelton Street and the Westerly prolongation of North line of Sixth Street;
Thence Southerly in a direct line to the Southwest corner of Santa Ana
Boulevard and Shelton Street; Thence Eastedy in a direct line to the
Southwest corner of Flower Street and Santa Aha Boulevard; Thence
Southerly in a direct line to the Northwest corner of Third Street and Flower
Street; Thence Westerly in a direct line to the intersection of the Northerly
prolongation of the West line of Olive Street and the Westerly prolongation of
the North line of Third Street; Thence Southerly in a direct line to the
intersection of South line of First Street and the Southerly prolongation of the
West line of Olive Street, the point of the beginning.
(~(b) Except as otherwise provided in sUbsection (b) of this section, the fee
charged for parking in any metered parking spaces shall be five cents ($0.05) for each
t';;cL'c (12)four (4) minutes or tweR~5,4iveseventy-flve cents ($0.25)($0.75) per hour.
(b)(c) In the following described areas, the fee charged for parking in any metered
parking space shall be tenflve cents ~ ..... ~$0.05) for each twelvethree minutes or rifle,'
ccntcone dollar per hour:
The area bounded by Civic Center Drive on the south, Flower Street on the
west, Washington Avenue on the north, and Brc3dw~:,'Main Street on the
east, exclusive of said perimeter streets.
(2)
Both sides of Ross Street between FcurthThird Street and Civic Center
Drive.
(3) Both sides of Parton Street between Santa Ana Boulevard and 3rd Street.
Ordinance No. NS-2525
Page 2 of 10
(4) Both sides of 3rd Street between Olive Street and Ross Street.
SECTION 2: That section of 36-401 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-401. Parking vehicle.
Whenever any vehicle shall be parked in any space alongside of or next to which
there is located, under the provisions of this article, a parking meter, the owner, operator
or manager of said vehicle shall, upon entering said space, immediately deposit the
proper coin of the United States in said meter and said parking space may then be used
by such vehicle during the parking limit provided for the coin deposited. All parking shall
be between the lines of the parking space, including any and all appurtenances or
materials attached to or extending from the vehicle parked within the space.
SECTION 3: That section of 36-402 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-402. Regulations for parking.
No person shall:
(1)
Permit any vehicle registered in the name of or operated by such person to be
parked overtime or beyond the period of legal parking time as herein provided,
or to remain parked in any metered parking space adjacent to a parking meter
while the signal showing legal parking is not displayed by said parking meter, or
to deposit in any parking meter any coin for the purpose of parking beyond or
longer than the maximum legal parking limit for that particular parking area, or
deposit coins into multiple adjacent meters for tt~e purpose of parking a vehicle
in multiple adjacent parking spaces.
(2)
Park any vehicle across any line painted upon the pavement, or any similar
marking of a parking meter space, or in such a position that the vehicle shall
not be entirely with the area designated by such line or marking including any
and all appurtenances or materials attached to or extending from the vehicle
parked within the space.
(3)
Use any parking space set off by painted lines on the pavement alongside of
and next to a parking meter for the purpose of standing, storing or parking any
object or thing other than a vehicle used for transportation, without first
obtaining written permission from the chief of police or the executive director of
the community development agency or their respective designee so to do.
Ordinance No. NS-2525
Page 3 of 10
SECTION 4: That section of 36-404 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-403. Hours
(a) Except as otherwise provided in subsection (b) of this section, the provisions
of this article relating to the operation of parking meters shall be effective only between
the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday,
Friday and Saturday of each week, except such parking limitations shall not be
operative on any legal holiday.
(b) In the following described areas, the provisions of this article relating to the
operation of parking meters shall be effective only between the hours of 8:00 a.m. and
8:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday of each week,
except such parking limitations shall not be operative on any legal holiday:
(1)
The area bounded by Civic Center Drive on the south, Flower Street on
the west, Washington Avenue on the north~ and Brc3d:'.'c¥ Main Street on
the east, exclusive of said perimeter streets.
(2)
Both sides of Ross Street between FcurthThird Street and Civic Center
Drive.
(3) Both sides of Parton Street between Santa Ana Boulevard and 3rd Street.
(4) Both sides of 3rd Street between Olive Street and Ross Street.
(c) Within the zones designated by this subsection (b), he executive director of
the community development agency or designee is authorized to place signs or
markings prohibiting parking in excess of twelve (12) minutes, twenty-four (24) minutes,
one (1) hour, or two (2) hours on any portion of any street within such parking meter
district zone, for any time period up to and including twenty-four (24) hours per day,
where the council so directs by resolution. Such restricti.ons may be limited so as not to
apply on specified days.
SECTION 5: That section of 36.404 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-404. Continuing violations separate offenses.
Every person violating the provisions of this article by failing or refusing to deposit
the proper coin in a parking meter, by leaving the vehicle parked after the meter shows
a signal indicating that the lawful parking period for the coin deposited has expired, or
by depositing in any parking meter any coin for the purpose of parking beyond the
Ordinance No. NS-2525
Page 4 of 10
maximum legal parking time for the particular traffic zone as designated by the council
and shown by the adjacent meter, or by depositing coins in multiple adjacent meters for
the purpose of parking a vehicle in multiple adjacent spaces, is guilty of a further and
separate violation for each period of time, equal to the maximum legal parking time for
the particular traffic zone, or parking space, as designated by the council, that the
vehicle is left so parked.
SECTION 6: That section of 36-406 of the Santa'Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-406. Use of funds.
All money deposited in said parking meters shall be deposited in a special fund, to
be known as the "Parking Meter Fund", and shall be used exclusively for the purchase,
installation, maintenance, repair, servicing and policin~l of said parking meters and
pavement markings in the traffic zones wherein parking is regulated or controlled by
parking meters for the proper regulation of traffic, the elimination of traffic violations
upon the public streets of the city, for the elimination of traffic hazards, the realignment,
improvement and widening of streets to expedite orderly traffic movement, the
purchase, installation and maintenance of mechanical or digital traffic-control devices,
the security and maintenance of those areas which will promote the use of available
parking, and the purchase or lease and operation of land for off-street parking within the
city, or any of them, as the council may decide.
SECTION 7.: That section of 36-413 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-413. Application.
Any person doing any building, construction, alteration, repair or addition to the
structural detail or part of any building, or rendering any maintenance or janitor service
to buildings on a contract basis in any parking meter zone and any public utility
operating maintenance or service vehicles in such zone in the city may apply to the
downtown development manager for a permit to use a parking meter hood. Such
application shall state the name of the person, organization, or if a partnership, the
names of the partners, the business address of the applicant, the nature of the business
carried on by him, the fact that it is necessary to use a truck or other vehicle because of
the equipment thereon, or the materials or machinery transported thereby, in said
parking meter zones. Upon approval of said application, the downtown development
manager shall ~ ......
.................... ~ssue the permit with specified valid term.
Ordinance No. NS-2525
Page 5 of 10
SECTION 8: That section of 36-414 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-414. Issuance--Initially; legend.
Upon receipt of an application for a hood permit approved as hereinabove provided
for and payment of the required charges, the ' ' xecutive director of the
community development agency or designee shall issue a permit which shall be
numbered and each of which permits shall be accompanied by a Rumbemd hood and
on th~ r~v~rcc .... both sides shall carry the legend in boldface type "~'-'
PARNINGPERMIT PARKING ONLY." The permit shall further recite the date of
issuance, the date upon which it expires and the name and address of the permittee.
No permit shall be issued to any applicant who does not hold a paid-up business license
in the city, if such license is required.
SECTION 9: That section of 36-415 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-415. Same--After revocation.
When the ¢h~m~d~ecexecutive director of the community development agency or
designee finds that any person holding a permit under the provisions of Chapter 36,
Division 2 has violated the provisions of this division, the permittee shall immediately
deliver the same to the d!rcctcr cf fi,",~,",ccsxecutive director of the community
development agency or designee upon receipt of notice of revocation by mail. Said
permittee may appeal to the council pursuant to the provisions of Chapter 3 of this
Code. Unless the council after hearing shall waive the revocation, no permittee shall be
issued a new permit or hood within thirty (30) days of such revocation. The council at
any hearing held, or if there is no hearing requested the downtown development
manager, may extend the period during which no new permit or hood shall be issued up
to, but not exceeding, one hundred eighty (180) days.
SECTION 10: That section of 36-416 of the Santa Aha Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36.416. Charges--For permit.
The minimum charge for any hood permit so issued shall be ~-"--.......~,,..,..'~--"'--- ~..~.v../s~x/¢') nn~ '
dollars ($6.00) per day of any part thereof. The minimul:n charge for additional permits
for the same meter space so issued shall be three dollars ($3.00). ^ permit may be
issued for a maximum period of six (6) months. All permittees shall, prior to the
issuance or renewal of any permit, make a deposit of tc,qthirty-five dollars
,,$35.00) for each hood issued, which deposit shall be returned upon the
Ordinance No, NS-2525
Page 6 of 10
surrender of the hood in good condition to the office of the director of finance through
the downtown development office.
SECTION 11: That section of 36-417 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-417. Samo For lost, damaged or withheld permits or hoods.
The loss of any permit or hood shall be reported to the downtown development
manager not later than noon on the next succeeding business day following the loss,
and the permittee shall pay to the city tenthirty-five dollars ($!0.00)($35.00) for each
hood lost. The permittee shall pay to the City te~thirty-five dollars ($!0.00)($35.00) for
any hood in his possession that becomes damaged beyond repair. In the event repair
is possible, said permittee shall pay the cost of such repair, which in no case shall
exceed te~thirty-five dollars ($10.00)($35.00). The provisions for payment in case of
damage hereinabove set out shall not apply to damage or deterioration from normal
usage or to damage by vandalism or malicious mischief committed by persons other
than the permittee, his agents or employees.
If the permittee fails to return the hood and fails to renew his permit granted hereunder
by paying the charges hereinabove fixed therefore within seven (7) days of the
expiration of said permit, he shall pay to the city for suoh unlawful withholding of such
hood, the sum of tenthirty-five dollars ($!9.99)($35.00). No new permit or hood shall be
issued to any permittee when any payment provided for this section has become due
and has not been paid. The determination of the cause of damage to any hood shall be
made by the downtown development manager.
SECTION 12: That section of 36-418 of the Santa Aha Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-418. Cancellation of permit.
The downtown development manager shall revoke any permit issued hereunder and
immediately take up o"'~ --'* .... to +~-'- '~-""*'-- --' ~ ......... ~' .... ;+ ""'~ the hood
accompanying the same, for any of the following reasons:
(1) When the permittee has failed to pay any charge or fee provided for in this
article.
(2) When the circumstances or needs under which the permit was granted no longer
exist.
(3) When the permittee ceases to carry a business license in the city or fails to pay
the current business license fee due thereunder if such license if required.
Ordinance No. NS-2525
Page 7 of 10
(4) When the hood is used to cover any parking meter without the display of a
current unrevoked permit in the transparent window of said hood.
(5) When the hood is used to cover any parking meter for any purpose other than
the business purposes permitted by this article.
(6) When the hood is not removed from the parking meter immediately upon the
completion of work for which this article permits the hood to be used.
(7) When any person other than the permittee or hi8 regular employee or agent is
allowed to use the hood.
(8) When the hood is used to cover any parking meter adjacent to and regulating a
stall where parking is limited to twenty-four (24) minutes or less.
SECTION 13: That section of 36-419 of the Santa Ana Municipal Code is hereby
deleted in its entirety (deleted language in strikeout for tracking purposes only):
SECTION 14: That section of 36-420 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-420. Funerals
Any organization conducting a funeral in any building in a parking meter zone may apply
to the downtown development manager for a permit to use parking meter hoods in front
of or near such building during such funeral and shall furnish such information on the
application as the downtown development manager may require. The downtown
development manager shall determine the number of hoods which shall be issued, the
Ordinance No. NS-2525
Page 8 of 10
area in which they may be used and the time during which they may be used 3nd ch3!!
':.'!th coct!on 36 ~, !~.. Upon payment of the meter hood charges as specified in Sec. 36-
416, the downtown development manager shall issue a permit accompanied by a hood
and on both sides shall carry the legend in boldface type "FUNERAL PARKING ONLY."
SECTION 15: That section of 36-434 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 36-434. Same--Removal and storage of vehicle.
The police department is authorized and directed to remove and place in storage, at a
regular storage garage, any vehicle which is parked on any such parking lot in violation
of this article or any vehicle left on any such parking lot for a period exceeding thirty (30)
hours, unless special permission has been granted by the chief of police or the
executive director of the community development agency for such extended parking
privileges.
SECTION 16: That section of 36-435 of the Santa Ana Municipal Code is hereby
deleted in its entirety (deleted language in strikeout for tracking purposes only):
SECTION 17: If any section, subsection, sentenc, e, 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.
Ordinance No. NS-2525
Page 9 of 10
ADOPTED this 21st day of Apdl, 2003.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: Benia~in Kauf(~an
Chie~v/~ssistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers: Alvarez, Bist,
Solorio (7)
Councilmembers: None (0)
Councilmembers: None
Councilmembers: None (0)
Christy, Franklin1 Garcia, Pulido,
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2525 to be the original ordinance adopted by the City
Council of the City of Santa Ana on April 21, 2003, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Clerk of the C(~/cncil "~
City of Santa Ana
Ordinance No. NS-2525
Page 10 of 10