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Ordinance No. 1014 1 ORDINANCE NO. 1014 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING VARIOUS SECTIONS IN THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959 TO ESTABLISH CIVIL PENALTIES FOR PARKING VIOLATIONS AND TO CONSOLIDATE AND REORGANIZE VARIOUS LAW ENFORCEMENT PROVISIONS 4 5 6 7 WHEREAS, S 40200 of the Vehicle Code of the State of 8 California has mandated that any regulation governing the standing or parking of a vehicle under the Vehicle Code or under any local ordinance shall, after July 1, 1993, be subject to a civil penalty 9 10 11 rather than constitute a criminal violation; and 12 WHEREAS, the Code of the City of Vernon, California, 1959 13 contains various parking regulations which need to be incorporated 14 into a separate article providing for such civil penalties; and 15 WHEREAS, it will improve the administration of the Code 16 of the City of Vernon, California, 1959 if various other sections 17 pertaining to police functions were consolidated and clarified 18 under Chapter 16 of the Code of the City of Vernon, California, 19 1959; and 20 WHEREAS, Article III of Chapter 1 of Division 17 of the 21 Vehicle Code of the State of California provides the procedures on 22 parking violations, which include processing of citations and 23 civil penalties, administrative procedure for reviewing citations, 24 the establishment of a schedule of fees for civil penalties for 25 parking violations, and a procedure for the collection of unpaid 26 civil penalties and fees; and 27 WHEREAS, it will benefit the health, safety, and welfare 28 of the City of Vernon, its residents, businesses, and their 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees, to maintain reasonable procedures for parking violations in accordance with the Vehicle Code of the state of California. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Chapter 16 and Sections 16.1 through 16.13 and 16.18-1, 16.18-2 and 16.19 of Chapter 16 of the Code of the City of Vernon, California, 1959, are hereby amended as follows: (a) Chapter 16 is amended by deleting its present title and adding the following new title: "Law Enforcement". (b) Article I is hereby established in Chapter 16 entitled "Motor Vehicles and Traffic: General". (c) The following existing sections shall be included under Article I: 16.1, 16.3, 16.4, 16.5, 16.6, 16.7, 16.8, 16.9, 16.10, 16.11, 16.12 and 16.13. (d) Existing section 16.1 shall be amended to read as follows: Sec. 16.1. Definitions. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meaning construed as set forth herein, unless it is apparent from the context that a different meaning is intended: Police officer. Every officer of the police department of the city. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Traffic engineer. The traffic engineer of the city or his duly authorized representative. In the event that at any time there shall not be a traffic engineer of the city, then the same shall be deemed to be the Director of Community services of the city. standing. For purposes of the Vehicle Code of the state of California and the Code of the City of Vernon, California, 1959, standing is defined to include stopping. stopping. For purposes of the enforcement of the Vehicle Code of the state of California and the Code of the City of Vernon, California, 1959, stopping is defined to include standing and shall have the same meaning as set forth in ~ 587 of the Vehicle Code of the state of California. All other words and phrases shall be the same as defined in the Vehicle Code of the state of California. (e) Existing sections 16.18-1 and 16.18-2 shall be renumbered and included under Article I as sections 16.14 and 16.15. (f) Section 16.2 entitled "Title" and section 16.19, entitled "Penalties", are hereby repealed. SECTION 3: Chapter 16 and Sections 16.14 through 16.18 of the Code of the City of Vernon, California, 1959, are hereby amended as follows: (a) Article II is hereby established in Chapter 16 entitled "Motor Vehicles and Traffic: Parking Regulations". (b) The following existing code sections are hereby -]- 1 renumbered and added to Article II: 2 Existing section 16.14 shall become section 16.20. 3 Existing section 16.15 shall become section 16.22. 4 Existing section 16.16 shall become section 16.23. 5 Existing section 16.17 shall become section 16.24. 6 Existing section 16.18 shall become section 16.25. 7 ( c) section 16.14-1 is hereby renumbered to section 16.21 8 under Article II and is amended to read as follows: 9 Sec. 16.21. prohibiting the parking or standing of any semi-trailer upon or along any public street in the City of Vernon; exception. 10 11 ( a) It shall be unlawful for any person to park or 12 leave standing any semi-trailer upon or along any public 13 street in the City of Vernon, unless the same is at such 14 time being used in conjunction with a motor vehicle and 15 so constructed that some part of its weight and that of 16 its load rests upon or is carried by another vehicle 17 equipped with inflated pneumatic tires. 18 (b) A semi-trailer is defined as a vehicle designed 19 for carrying persons or property and having one or more 20 axles, and one or more wheels, used in conjunction with a 21 motor vehicle, and so constructed that some part of its 22 weight, and that of its load, rests upon, or is carried 23 by, another vehicle. 24 ( c) A peace officer or any regularly employed and 25 salaried employee who is engaged in directing traffic or 26 enforcing parking laws and regulations shall remove said 27 semi-trailers from the public streets if said semi- 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 trailers violate this section 16.21. (d) The chief of police and director of community services are hereby instructed to cooperate in the securing and placing of signs to comply with S 22651(n) of the Vehicle Code of the state of California. (d) section 17.15 of the Vernon city Code is renumbered to section 16.26 under Article II and is amended to read as follows: Sec. 16.26. Angled Parking on 30th Street. The City Council does hereby establish angle parking along the north side of 30th Street easterly of Santa Fe Avenue between Santa Fe Avenue to the Public Alley as more specifically indicated on the map attached to Ordinance No. 888, which map is incorporated herein by this reference as though fully set forth at length. (e) sections 16.27 and 16.28 are hereby adopted and added to Article II to read as follows: Sec. 16.27. Procedure. The procedure for enforcing parking regulations set forth in Article III, Procedure in Parking Violations, of Chapter 1 of Division 17 of the Vehicle Code of the State of California is hereby adopted as the procedure for enforcing the parking regulations of this Article. Sec. 16.28. civil Penalties for Parking violations. In accordance with S 40203.5 of the Vehicle Code of the State of California, the City Council shall by resolution adopt a schedule of parking penalties for -5- 1 parking violations, late payment penalties, 2 administrative fees, and other related charges for 3 parking violations. The Chief of Police is directed to 4 recommend such a schedule and, to the extent possible, 5 shall standardize such parking penalties with other 6 issuing agencies in the County of Los Angeles. Such 7 parking penalties shall be collected as civil penalties 8 pursuant to the procedure adopted by this Article. 9 SECTION 4: Sections 1.8-1, 1.11, 1.12, 17.9-1 and 17.9-2 10 of existing Chapters 1 and 17 of the Code of the City of Vernon, 11 California, 1959, are hereby amended as follows: 12 ( a) Article III is hereby established in Chapter 16 entitled 13 "Police Administration". 14 (b) The following existing code sections are hereby 15 renumbered and added to Article III: 16 Existing section 1.12 shall become section 16.32 Existing section 17.9-1 shall become section 16.33 Existing section 17.9-2 shall become section 16.34 ( c) Section 1. 8-1 is hereby renumbered to section 16.30 under 17 18 19 20 Article III and is amended to read as follows: 21 Sec. 16.30 Authority of certain city officers and employees to arrest without warrant; arrest procedure; limitation on civil liability. 22 23 (a) Certain public officers or city employees may 24 arrest a person without a warrant whenever they have 25 reasonable cause to believe that the person to be 26 arrested has committed a misdemeanor in their presence 27 which is a violation of a statute or ordinance which such 28 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 officer or city employee has the duty to enforce. Such public officers or city employees who are authorized pursuant to this section to make such arrests as set forth in this section, in addition to those employees who have previously been so authorized by other ordinances or state laws, are as follows: (1) The health officer. (2) The director of environmental health. (3) The chief deputy director of environmental health. (4) The deputy director of environmental health. (5) The fire chief. (6) The assistant fire chief. (7) The fire marshal. (b) The arrest procedure and the limitation on civil liability contained in section 836.5 of the Penal Code of the State of California are hereby adopted as the arrest procedure and limitation on civil liability for such public officers or city employees of the city of Vernon. (d) section 1.11 is hereby renumbered to section 16.31 under Article III and is amended to read as follows: Sec. 16.31 City jail established and designated. Those certain detention facilities in the city Hall located at 4305 Santa Fe Avenue in the city, which have since on or about the fourth day of August, 1925 been located in the Police Department, including the cell blocks, appurtenances and fixtures therein contained, -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be and the same are hereby designated and established as the city jail. SECTION 5: sections 2.5-1, 2.5-2, 2.68 and 2.69 of existing Chapter 2 of the Code of the City of Vernon, California, 1959, are hereby amended as follows: (a) Article IV is hereby established in Chapter 16 entitled "Public Safety Personnel". (b) The following existing code sections are hereby renumbered and added to Article IV: Existing section 2.5-1 shall become section 16.40 Existing section 2.5-2 shall become section 16.41 Existing section 2.68 shall become section 16.42 Existing section 2.69 shall become section 16.43 SECTION 6: sections 2 . 3 , 2.4, and 2.5 of existing Chapter 2 of the Code of the City of Vernon, California, 1959, are hereby amended as follows: (a) Article V is hereby established in Chapter 16 entitled "Unclaimed Property". (b) The following existing code sections are hereby renumbered and shall be included under Article V: Existing section 2.3 shall become section 16.50 Existing section 2.4 shall become section 16.51 Existing section 2.5 shall become section 16.52 SECTION 7: Chapter 16A, Interstate Truck Terminal Designation and Terminal Access, and sections 16A.1 through 16A.8 of the Code of the City of Vernon, California, 1959, are hereby repealed. -8- 1 SECTION 8: Any ordinance, part of an ordinance, or code 2 section in conflict with this ordinance is hereby repealed. 3 SECTION 9: If any section, subsection, sentence, clause, 4 or phrase or word of this ordinance is for any reason held to be 5 void or unconstitutional, such decision shall not affect the 6 validity of the remaining portions of this ordinance; it being the 7 intention of the City Council of the City of Vernon to adopt and 8 pass this ordinance and each section, subsection, sentence, clause 9 or phrase thereof irrespective of the fact that one or more of the 10 sections, subsections, clauses, sentences or phrases thereof may 11 be declared void or unconstitutional. 12 SECTION 10: There being no newspaper printed, published 13 or circulated in the City of Vernon, the City Clerk is hereby 14 directed to certify to the passage of this ordinance and shall 15 post the same, or cause the same to be posted, within fifteen (15) 16 days after its passage in accordance with Government Code S36933, 17 in three (3) of the most public places in the city of Vernon, to 18 wit: the northwest corner of 38th Street and Santa Fe Avenue, the 19 northeast corner of Leonis Boulevard and Pacific Boulevard, and on 20 the bulletin board in the lobby of the City Hall of said city, 21 located at 4305 Santa Fe Avenue, all in the City of Vernon, County 22 of Los Angeles, State of California. 23 III 24 III 25 III 26 III 27 III 28 -9- 1 SECTION 11: This ordinance shall be in full force and 2 effect thirty (30) days from and after its passage of the same. 3 APPROVED AND ADOPTED this 17th day of August 1993. 4 5 -//0/,,L,,,p D Jd:.~ '-l ~ . THOMAS A. YB , Mayor Pro Tem ATTES.T: / // / A - j/~ BRUCE V. MALKENHORST, City Clerk 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10- 1 STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, city Clerk of the City of 5 Vernon, do hereby certify that the foregoing Ordinance, being 6 Ordinance No. 1014, was duly and regularly introduced at a regular 7 meeting of the City Council of the City of Vernon, held on 8 Tuesday, Auqust 3, 1993, and thereafter finally adopted at a 9 regular meeting of said City Council held on Tuesday, 10 August 17 1993 and thereafter was duly signed by the Mayor 11 of the City of Vernon, by the following vote: AYES: Councilmen: Ybarra, Gonzales, McCormick, Davis 12 13 NOES: Councilmen: None 14 ABSENT: Councilmen: Malburg /~. /z-/ti/~ 15 16 BRUCE V. MALKENHORST, City Clerk 17 ( SEAL) 18 19 20 21 22 23 24 25 26 27 28 -11- SUPPORTING DOCUMENTS . I CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria. J. Orosco, Chief Deputy city Clerk of the city of Vernon, County of Los Angeles, State of California, do hereby certify that the attached is a true and correct copy of: Ordinance No. 1014 of the city of Vernon, adopted on August 17, 1993. The original of same is retained in the office of the City Clerk of the city of Vernon, County of Los Angeles, state of California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, County of Los Angeles, State of California, this 19th day of August, 19, 1993. Clerk SEAL: WP:Misc/Crtficat August 19, 1993 To: Louis Rosenkrantz, Chief of Police ~) Gloria J. Orosco, Chief Deputy City Clerk! ,;1/. ~/' From: Re: ORDINANCE 1014 Dear Chief: Attached hereto for your records is a copy of the above referenced ordinance pertaining to civil penalties for parking violations. This was approved for a Final Reading on August 17th; however, it will not take effect for thirty days (the usual procedure). GJO/hr Attachment P.S. - I am also attaching a copy of Resolution No. 6302.