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HomeMy WebLinkAbout11A - ORDINANCE - PARKING ENFORCEMENTTLJ 8/9/12 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING CONTROL REGULATIONS AND TRAFFIC CONTROL SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Article XI, Section 7 of the California Constitution and California Government Code Section 37100 provide the City of Santa Ana with authority to enact local ordinances to protect the health, safety, and welfare of its residents. B. The City has determined that certain City services, including the parking control regulations, certain traffic control operations and park ranger services, may be provided on a cost effective basis by contractors with the knowledge and skill necessary to provide those services. C. Currently, Chapter 36 of the Santa Ana Municipal Code authorizes officers of the police department of this city, or such officers as are assigned by the Chief of Police, to direct all traffic and enforce all traffic laws of this city. D. The City has contracted for parking control enforcement and traffic control services and intends to contract for park ranger services, as it has insufficient employee staffing to perform such services. E. Therefore, the City Council has deemed it necessary that the City authorize its contracted parking control staff and contracted park rangers to enforce and issue citations for violations of Santa Ana Municipal Code parking regulations as are designated by the Chief of Police or the City Manager, and to direct or regulate traffic as is deemed necessary and as authorized by the Chief of Police or City Manager Ordinance No. NS-XXX Page 1 of 4 11 A-1 F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 36-27(a) of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36-27. Violations; penalty; appearance; bail. (a) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to take the number of any vehicle or thing parked, placed, ranked, stored, or left in violation of any of the provisions of this Code; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and to issue, in writing, a citation for said violation in the same form and subject to the same procedure provided for by the ordinances of the city and the laws of the state applicable to the traffic violation within the city. Section 3. Section 36-30 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36-30. - Authority of officers. (a) Officers of the police department, or such employees as are assigned by the chief of police or city manager, are authorized to enforce all traffic laws of this city, and all of the vehicle code sections applicable in this city. (b) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to enforce the parking regulations imposed under this Code. Section 4. Section 36-31 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Sec. 36-31. Authority to direct traffic - Emergency authority. Ordinance No. NS-XXX Page 2 of 4 11 A-2 Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to direct all traffic by voice, signals or other devices in conformance with traffic laws, provided that in the event of fire or other emergency, officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, may direct traffic as conditions require, notwithstanding the provisions of the traffic laws. Section 5. 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 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violations 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. ADOPTED this day of , 2012 Miguel A. Pulido Mayor Ordinance No. NS-XXX Page 3 of 4 11 A-3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 11 A-4