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HomeMy WebLinkAbout2005-10-03; Traffic Safety Commission; ; Adopt an ordinance to establish a new municipal code section to allow the police department's special enforcement unit (SVP members) enforcement authority for municipal c( CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION STAFF REPORT COMMISSION MEETING OF: October 3, 2005 LOCATION: Citywide INITIATED BY: Lieutenant Don Rawson, Carlsbad Police Department ITEMNO.6C REQUESTED ACTION: Adopt an ordinance to establish a new municipal code section to allow the police department's special enforcement unit (SVP members) enforcement authority for municipal code parking violations. BACKGROUND: The Senior Volunteer Patrol (SVP) members of the Carlsbad Police Department have requested the ability to issue parking citations per municipal code Chapter 10.40 Stopping, Standing and Parking. • DATA: Currently, the California Vehicle Code allows for the establishment for local authorities of a special enforcement unit for "the sole purpose of providing adequate enforcement of Section 22507.8 (parldng in spaces for disabled persons) and local ordinances and resolutions adopted pursuant to Section 22511. 7 (parking for the disabled)." The City of Carlsbad has two local ordinances allowing for the enforcement of parking violations -Municipal Code Sections 10.42.010 and 10.42.020. 10.42.010 allows every city employee charged with enforcement shall have the ability to enforce "the provisions of the California Vehicle Code, and the other laws of the state applicable to parking violations within the city. " SVP members do not qualify under this language as a "city employee". 10.42.020 creates a special enforcement unit for disabled parking violations as authorized in California Vehicle Code section 22507.9. Specifically, "the members of the special enforcement unit shall be volunteers of the police department and shall be designated by the chief of police. " The Vehicle Code is silent on the issue of such a special enforcement unit enforcing municipal code parking violations. However, the City Council can authorize such enforcement with an addition to the municipal code. ( ( CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION STAFF REPORT COMMISSION MEETING OF: October 3, 2005 (continued) RECOMMENDATION: ITEMNO. 6C The Traffic Safety Coordinating Committee recommends the addition of section 10.42.030 to the municipal code allowing the police department's special enforcement unit enforcement authority for municipal code parking violations. 10.42.030 would read: 10.42.030 Special enforcement unit for municipal code parking violations In addition to that enforcement authority set forth in the proceeding section, the special enforcement unit is authorized to enforce the provisions of Chapters 10.40 of this code relating to illegal parking. The members of the special enforcement unit shall be volunteers of the police department and shall be designated by the chief of police. Nothing in this section shall preclude city police officers or other authorized city employees from engaging in similar enforcement activities. NECESSARY CITY COUNCIL ACTION: An ordinance will be required by the City Council to establish a new section of the municipal code as recommended. CA Codes (veh:22500-2252f ( ( wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or ·construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained. (b) Subdivision (a) of this section is applicable to vehicles specified in subdivision (a) of Section 31303, except that an ordinance or resolution adopted pursuant to subdivision (a) of this section shall not permit the parking of those vehicles which is otherwise prohibited under this code. (c) For the purpose of implementing this section, each local authority may, by ordinance, define the term "residential district" in accordance with its zoning ordinance. The ordinance is not effective unless the legislative body of the local authority holds a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code. 22507.6. Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof; for the purpose of street sweeping. No ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. As used in this section, "entrance" means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours. 22507. 8. (a) It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans pursuant to Section 22511.7 or 22511.8, unless the vehicle displays either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. (bl It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces except as provided in subdivision (a). (c) It is unlawful for any person to park or leave standing any vehicle, including a vehicle displaying a special identification license plate issued pursuant to Section 5007 or a distinguishing Page 6 of22 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=2200l-23000&file=... 09/12/2005 CA Codes (veh:22500-22526' ( placard issued pursuant to Section 22511.55 or 22511.59, in either of the following places: (1) On the lines marking the boundaries ~fa parking stall or space designated for disabled persons or disabled veterans. (2) In any area of the pavement adjacent to. a parking stall or spac e designated for disabled persons or disabled veterans that is marked by crosshatched lines and is thereby designated; pursuant to any local ordinance, for the loading and unloading of vehicles parked in the stall or space. (d) Subdivisions (a), (bl, and (c) apply to all offstreet parking facilities owned or operated by the state, and to all offstreet parking facilities owned or operated by a local authority. Subdivisions (a), (b), and (c) also apply to any privately owned and maintained offstreet parking facility. 22507.9. Local authorities may establish a special enforcement unit for the sole purpose of providing adequate enforcement of Section 22507.8 and local ordinances and resolutions adopted pursuant to Section 22511 .7. Local authorities may establish recruitment and employment guidelines that encourage and enable employment of qualified disabled persons in these special enforcement units. Members of the special enforcement unit may issue notices of parking violation for violations of Section 22507.8 and local ordinances adopted pursuant to Section 22511.7. Members of the special enforcement unit shall not be peace officers and shall not make arrests in the course of their official duties, but shall wear distinctive uniforms and badges while on duty. A two-way radio unit, which may utilize police frequencies or citizens' band, may be issued by the local authority to each member of the special enforcement unit for use while on duty. The local authority may pay the cost of uniforms and badges for the special enforcement unit, and may provide daily cleaning of the uniforms. Additionally, the local authority may provide motorized wheelchairs for use by members of the special unit while on duty, including batteries and necessary recharging thereof. Any motorized wheelchair used by a member of the special enforcement unit while on duty shall be equipped with a single headlamp in the front and a single stoplamp in the rear. Members of the special enforcement unit may be paid an hourly wage without the compensatory benefits provided other permanent and temporary employees, but shall be entitled to applicable workers' compensation benefits as provided by law. Insurance provided by the local authority for disability or liability of a member of the special enforcement unit shall be the same as for other employees performing similar duties. Nothing in this section precludes a local authority from using regular full-time employees to enforce this chapter and ordinances adopted pursuant thereto. This section applies to all counties and cities, including every charter city and city and county. 22508, Local authorities shall not establish parking meter zones or fix the rate of fees for such zones except by ordinance. An ordinance establishing a parking meter zone shall describe the area which would be included within the zone. Local authorities may by ordinance cause streets and highways to Page 7 of22 http://www.leginfo.ca.gov/cgi-bin/ displaycode?section=veh&group=22001-23000&file=... 09/12/2005 CA Codes (veh:22500-22526' ( ( 22511.59 in any of the following events: (1) When the department is aatisfied that the placard was fraudulently obtained or erroneously issued. (2) When the department determines that the required fee has not been paid and the fee is not paid upon reasonable notice and demand. (3) When the placard could have been refused when last issued or renewed. (4) When the department determines that the owner of. the placard has committed any offense described in Section 4461 or 4463, involving the placard to be canceled or revoked. (5) When the department determines that the owner of the placard is deceased. (b) Whenever the Department of Motor Vehicles cancels or revokes a distinguishing placard, the owner or person in possession of the placard shall immediately return the placard to the department. * 22511.7. In addition to Section 22511.8 for offstreet parking, a local authority may, by ordinance or resolution, designate parking spaces for the exclusive use of any vehicle which displays either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. Whenever a local authority so designates a parking space, it shall be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space. In addition to blue paint, the space shall also be indicated by signs or other suitable means. In areas where snow or ice may obscure the blue paint, a clearly visible sign appropriately designating the space is sufficient for purposes of this section. This section does not restrict the privilege granted to disabled persons and disabled veterans by Section 22511.5. 22511. 8. {a) Any local authority, by ordinance or resolution, and any person in lawful possession of an offstreet parking facility may designate stalls or spaces in an offstreet parking facility owned or operated by the local authority or person for the exclusive use of any vehicle which displays either a special license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. The designation shall be made by posting a sign as described in paragraph (1), and by either of the markings described in paragraph (2) or (3): (1) By posting immediately adjacent to, and visible from, each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white on a blue background. (2) By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white or suitable contrasting color a profile view depicting a wheelchair with occupant. (3) By outlining a profile view of a wheelchair with occupant in white on a blue background, of the same dimensions as in paragraph (2). The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space. (b) If posted in accordance with subdivision (d) or (e), the owner or person in lawful possession of a privately owned or operated Page 15 of22 http://www.leginfo.ca.gov/cgi-bin/ displaycode?section=veh&group=22001-23000&file=... 09/12/2005 Chapter 10.42 PARKING VIOLATION ENFORCEMENT Sections: 10.42.010 10.42.020 Parking violation enforcement. Special enforcement unit for disabled parking violations. 10.42.010 Parking violation enfottement. (a) Enforcement. Every police officer and every city employee charged with enforcement of the pro- visions of Chapters I 0.40, 11.24 or 17.04 of this code relating to illegal parking, the provisions of the Cali-• fornia Vehicle Code, and the other laws of the state applicable to parking violations within the city, shall have the duty, when any vehicle is illegally parked. to issue written notice of violation thereof stating the state vehicle license number, the registration expira- tion date, make and color of such vehicle, the time and date of such illegal parking. street location, a reference to the appropriate section of the code, a time and place for appearance by the registered owner to answer the notice. and the last four digits of the vehicle identification number, if that number is visible through the windshield. The notice shall be attached to the vehicle either under the windshield wiper or in another conspicuous place upon the vehi- cle as to be easily observed by the person in charge of such vehicle upon the return of that person. (b) Fees. The parking penalties for parking vio- lations under this chapter shall be established by resolution of the city council pursuant to Vehicle Code Section 40203.5. ( c) Contesting Notices of Violations-Failure to Pay. The city council shall establish. by resolution. an administrative review process for contesting no- tices of parking violations, which complies with the requirements of the vehicle code. Failure to pay the appropriate fee as provided herein shall result in the filing of an itemization of penalties, administrative and service fees for collec- tion by the Department of Motor Vehicles with the registration of the vehicle pursuant to Vehicle Code Section 4760, or in a civil action against the regi~- 295 10.42.0IO tered owner if more than four hundred dollars in un- paid penalties and fees have accrued, or in any other action allowed by law. (Ord. NS-248 § I. 1993: Ord. NS-181 § I. 1991: Ord. 3195 § I, 1985; Ord. 3167 § 1.1984;Ord.3150§ 1.1982:Ord.3144.§ I, 1982) 10.42.020 Special enforcement unit for disabled parking violations. A special enforcement unit is established for the enforcement of violations of state and local disabled parking laws. The members of the special enforce- ment unit shall be volunteers of the police depart- ment and shall be designated by the chief of police, subject to the requirements of California Vehicle Code section 22507.9. The chiefof police shall also determine the equipment and unifonns to be issued to • members of the unit, subject to the requirements of California Vehicle Code Section 22507.9. Nothing in this section shall preclude city police officers or authorized city employees from engaging in similar enforcement activities. (Ord. NS-538 § I, 2000) (Carlsbad Supp. No. 8, S--04) ( ( Chapter 10.40 STOPPING, STANDING AND PARKING I. Generally 10.40.005 Application of regulations. 10.40.010 Parking for seventy-two or more consecutive hours prohibited-Removal of vehicle. 10.40.015 Prohibited purposes for parking on roadway. 10.40.020 Parking parallel with curb. 10.40.025 Signs or markings indicating angle parking. 10.40.030 Parking adjacent to schools. 10.40.035 Parking prohibited on narrow streets. 10.40.040 Parking restricted on certain parts of Ocean Street. 10.40.041 Parking restricted on certain parts of Carlsbad Boulevard. 10.40.043 Parking restricted on certain parts of Carlsbad Village Drive. 10.40.045 Parking restricted on portion of Highland Drive. 10.40.046 Parking restricted on portion of A venida Encinas. 10.40.047 Parking restricted on El Camino Real. 10.40.048 Parking restricted on portion of Paseo del Norte. 10.40.049 Parking restricted on Hosp Way. 10.40.050 Parking on hills. 10.40.051 Parking restricted on Monroe Street. 10.40.052 Parking restricted on Buena Vista Way. 10.40.053 Parking restricted on Carlsbad Village Drive. 10.40.054 Parking restricted on portion of Madison Street. 10.40.055 Parking prohibited at all times where signs are erected. 10.40.056 Parking restricted on portion of Roosevelt Street. 10.40.057 Parking restricted on portion of Grand A venue. 10.40.058 Parking restricted on portion of Alga Road. ( ( 10.40.059 Parking rest1icted to Tamarack A venue. 10.40.060 Parking restricted on Palisades Drive. 10.40.061 Parking restricted on Carlsbad Boulevard. 10.40.062 Parking time limit on Marjorie Lane. 10.40.063 Parking time restricted in alley located west of State Street. 10.40.064 Parking restricted on Middletown Drive. 10.40.065 Emergency parking signs. 10.40.066 Parking restricted on Woodstock Street. 10.40.067 Parking restricted on A venida Encinas. 10.40.068 Parking restricted on Marron Road. 10.40.069 Parking restricted on Poinsettia Lane. 10.40.070 Parking restricted on Cannon Road. 10.40.071 Parking restricted on Manzano Drive. 10.40.072 Parking restricted on Paseo Del Norte. 10.40.073 Parking rest1icted on Car Country Drive. 10.40.074 Parking restricted on Pontiac Drive. 10.40.075 Commercial vehicles in residential district. 10.40.076 Parking restricted in the parking lot at the Carlsbad Community Swim Complex. 10.40.077 Parking restricted on Calle Barcelona. 10.40.078 Parking restricted in the front parking lot west of the Carlsbad Safety Center. 10.40.079 One-hour parking on Ocean Street. 10.40.080 Angle parking. 10.40.081 Parking restricted on Camino Vida Roble. 10.40.082 Parking time limit on Oak A venue. 10.40.083 Parking time limit on Bayshore Drive. 10.40.084 Parking time limit on Christiansen Way. II. Stopping for Loading or Unloading 10.40.085 Authority to establish loading zones. 10.40.090 Curb markings. ( 10.40.095 Permit for loading or unloading at angle to curb. 10.40.100 Effect of permission to load or unload. 10.40.105 Standing for loading or unloading only. 10.40.110 Standing in passenger loading zone. 10.40.115 Standing in any alley. 10.40.120 Bus zones. III. Restricted or Prohibited Parking 10.40.125 Parking time limited in business districts. 10.40.126 Parking time limited in business district. 10.40.127 Parking time limit on Ponto Drive (south). 10.40.128 Parking restricted on Cassia Road. 10.40.130 Overnight parking. 10.40.135 Parking prohibited at all times on certain streets. 10.40.140 Parking prohibited on certain streets on Saturdays, Sundays and holidays. 10.40.145 Parking space markings. 10.40.150 Parking restricted at certain times to facilitate street sweeping. 10.40.151 Parking prohibited of unattached trailers or semi-trailers. 10.40.155 Parking time limit on Beech Avenue. 10.40.156 Parking time limit on Grand Avenue. 10.40.157 Parking time limit on Washington Street. 10.40.158 Parking time limit on State Street. 10.40.159 Parking time limit on Roosevelt Street. 10.40.160 Parking time limit on Madison Street. ( ( 10.40.161 Parking time limit on Beech Avenue. 10.40.162 Parking time limit for parking lots at the Village Old Depot building. 10.40.163 Parking time limit for the parking lot located on the comer of Grand Avenue and State Street. 10.40.164 Parking time limit on the access drive between Carlsbad Village Drive and Grand A venue. 10.40.165 Parking time limit in the four parking spaces on the east side of the alley north of Christiansen Way.