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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 .. 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 .. .. 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. .. ; j APPROVED .I ;< 3: c VINCENT F. BIONDO, JR. CITY ATTORNEY 6 DANIELS. HENTSCHKE ? ASSISTANT CITY ATTORNEY $ .. 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: - "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. . . _. . 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: 1 ._*.,I) ,, .. "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 '"g Mr. Jim Iicffel -3- JUiY 9, 1901 Very truly yours, '. .., .. DANIEL S. RENTSC€iI<E, XsSiStant. City littornzy DSH/mla cc:. Police Chief /" . bcc: City Council' .. i 1 I ! I i ., i ., I 5 ? 4 F E 7 € S 1c 13 12 1: 14 15 1E l'i 1E 1s 2c 21 22 22 24 25 26 27 20 h 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. // // // // // // 21 ! 22 23 24 i i I ,1 ! I 25 i i 26 1 $ 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 18th day of August 1981, and thereafter - I 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: - - 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') -2- ' ,. .. .. ., .. ,, I' , !