HomeMy WebLinkAbout1981-08-18; City Council; 6717; 72 Hour Limit Parking On Public Owned Parking LotsMENT: Police C. Mgr. 2
Subject: Amending Ordinance 10.40.010 To Prohibit Parking On Publicly Owned Parking Lots For Seventy-two Or More Consecutive Hours
Statement of the' Matter
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The current municipal ordinance regulating parking for seventy-two or more hours
This has resulted in vehicles being apandoned or left parked for an excessive (Section 10.40.010 MC) does not adequately regulate publicly owned parking lots.
period of time. This amendment to the ordinance will allow the police department to enforce the seventy-two hour parking restriction on publicly owned parking lots in the same manner as it is done on public streets.
Fiscal Impact
No fiscal impact
Exhibits
1. Letter-to Jim Heffei - Manager, May Centers
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2. Introducing Ordinance 3/&? amending City of Carlsbad Municipal Code, Section 10.50.010 .,.
&comnendation
Staff recomnends. that this amendment be adopted. This wiil allow .a more timely and successful resolution to this parking problem on publicy owned lots. !
COUNCIL ACTION: >
8-18-81 Counci.1 .introduced Ordinance Nu. 3135.
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APPROVED
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;< 3: c VINCENT F. BIONDO, JR.
CITY ATTORNEY
6 DANIELS. HENTSCHKE
? ASSISTANT CITY ATTORNEY
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CITY OF CAKLSEAD
1200 ELM AVENUE
CARLSDAD. CALIFORNIA 92008
(714) 430.5531
July 9, 1901
Mr. Jim Heffel, Manager
MAY CENTERS ~ ." Plaza.Camino Real
2525 El Camino Real Suite 202 Carlsbad, CA 92008
Dear Mr. Heffel:
A few weeks ago we met in my office to discuss the parkiilg and
lot. This letter'is a follow up of that discussion. traffic problems that exist at the Plaza Camino Real parking
As you know, the Plaza Camino Real parking lot is owned by the Carlsbad Parking Authority, who leases it to the City of
maintenance of the parking lot. Under that contract May Centers Carlsbad. The City has contracted with May Centers for
maintenance and operation of the parking lot by May Center is
provides for maintenance and operation of the parking lot. The
done on behalf of the City of Carlsbad. This is important because the traffic regulations of the California Vehicle Code generally apply to streets. A "street" is,defined by Section
590 of the Vehicle Code as:
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"A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway."
The Plaza Camino Real parking lot is open to the use Of the public for purposes of vehicular travel and is publicly maintained even though the maintenance obligations have been contracted out to a private enterprise. Because the parking lot
traffic regulations such as speeding, reckless driving, failure is considered a street, the Police Department may enforce
to obey stop signs, driving under the influence and other similar traffic,laws on the parking lot.
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Mr. Jim Heffel -2- July 9, 1981
Regulation of parking, however, is a differcnt matter.
Section 22519 of the Vehicle Code provides the oeneral authority' for regulating the parking, stopping or standing of vehicles on .. . . '.
off-street parking facilities which the Ci%y owns or operates. That section provides:
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"Local authorities may by Ordinance or resolution prohibit, restrict or regulate the parking, stopping or standing. of vehicles on
or operates. No such ordinance or resolution any off-street parking facility which it,owns
have been erected." shall apply until signs giving notice thereof
One of the major problems you indicated occurs at the parking lot is the parking of vehicles for greater than 72 hours. In response to your concern, our office has drafted an ordinance
which will amend 'Lire 72-hour parking restriction which applies to City alleys and roadways to include publicly owned parking facilities. This ordinance has been forwarded to the Police Chief and the City Manager for their review. Once that review
matter before the City Council. If the ordinance goes into is completed, those departments are responsible for bringing the
away vehicles parked in violation of the provision. Of course, .effect, then the Police Department will be authorized to tow
Vehicle Code dealing with the towing of vehicles. Before the towing must occur in compliance with provisions of the
vehicles may be towed from public property for violation of the
Constitution requires that certain notices be given. The Police
72-hour parking restriction, the due process clause of the
Department is familiar with those notices and will be
There are no particular regulations regarding the posting of responsible for carrying out the provisions of the ordinance.
signs giving notice of the 72-hour parking restriction. HoweVer, sufficient signs must be posted'to give reasonable'
r:otice of the restriction to users of the parking rot'.
you had some concern regarding enforcement of handicapped parking restrictions at the Plaza Camino Real Shopping Center as well. I indicated during our discussion that there was no impediment to the Police Department writing citations for, vehicles they find to be parked in violation of the handicapped parking restriction. Apparently there was some initial confusion over the ability of the Police Department to write citations for handicapped parking at the Plaza but.that was cleared up a long time ago when we indicated to the,Police Department they had the full authority to write such citations.
A
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Mr. Jim Iicffel -3- JUiY 9, 1901
Very truly yours,
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DANIEL S. RENTSC€iI<E, XsSiStant. City littornzy
DSH/mla
cc:. Police Chief /" .
bcc: City Council'
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ORDINANCE NO. 3135 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10,
CHAPTER 10.40, OF THE CARLSBAD MUNICIPAL
CODE RY THE AMENDXENT OF SECTION 10.4i1.010 TO PROHIBIT PARKING FOR SEVENTY-TWO OR MORE
CONSECUTIVE HOURS ON PUBLIC STREETS, ALLEYS,
OR PUBLICLY OWNED PARKING LOTS.
The City Council of the City of Carlsbad, California
loes ordain as follows:
. SECTION 1: That Title 10, Chapter 16.40 of the
Zarlsbad Municipal Code is amended by the.amendment of Section
10.40.010 to read as follows:
:onsecutive hours prohibited--removal of vehicle. (a) No "10.40.010 Parking €or seventy-two or more
)erson shall cause or allow any vehicle ownei him or in his )ossession, custody or control; to be parked upon any street , llley or publicly owned parking lot for seventy-two or mote :onsecutive hours.
my vehicle parked upon any street, alley, or publicly owned bayking lot for seventy-two or more consecutive hours and shall, lpon such removal, deal with such vehicle as provided in lections 22650 through 22856 of the Vehicle Code of the itate. *
(b) Any member of the police department may remove
EF.FECTIVE DATE: This ordinance shall be effective
.hirty days after its adoption, and the City Clerk shall certify
,o the adoption of this ordinance and cause it to be published
t least once in the Carlsbad Journal within fifteen days after
ts adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 18th day of August
1981, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the kt day of Septanber , 1981,
by the following vote, to wit:
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AYES: Cbmcil Keubers Ped, CAsler, Any, Lewis and Kulckin
NOES: None
ABSENT: NCne /&2d4c@dz.
RONALD C. PACKARD, Mayor
ITTEST :
(?u& d- Q- \LETHA L. RAUTENKRANZ, Clty Clerk \
SEAL')
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