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HomeMy WebLinkAboutOrd. No. 2002-1080 ORDINANCE NO. 1080 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 10.76 TO TITLE 10 OF THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING A TRAFFIC OFFENDER FUND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That new Chapter 10.76 be, and the same is hereby, added to Title 10 of the Lake Elsinore Municipal Code to read as follows: Chapter 10.76 Sections: 10.76.010 10.76.020 10.76.030 10.76.040 10.76.050 10.76.060 10.76.070 Purpose and intent Definitions Establishment of Fund Expenditure of Monies Establishment of Administrative Fee Accumulation of Monies in Fund Waiver of Administrative Fee 10.76.010 Purpose and intent. It is the intent of this chapter and any subsequent amendments thereto to prescribe the operation of a Traffic Offender Fund by the City of Lake Elsinore ("City") and Lake Elsinore Police Department ("Police Department"). 10.76.020 Definitions. For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section: "Chief' means the Chief of Police of the Police Department of the City of Lake Elsinore. "City Manager" means the City Manager of the City of Lake Elsinore. "Police Department" means the Police Department of the City of Lake Elsinore. "TOF" shall mean the Traffic Offender Fund 10.76.030 Establishment of Fund. There is hereby established a special fund for the purposes of receiving and expending Administrative Fees collected pursuant to Chapter 10.76. This special fund shall be known and designated as the "Traffic Offender Fund." 10.76.040 Expenditure of Monies. The appropriation of all monies in the Traffic Offender P AGE TWO - ORDINANCE NO. 1080 - Fund shall be made exclusively for the purposes of traffic safety programs within the City and shall be administered by the Police Department. The traffic offender program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons' driving under the influence of alcohol and/or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, or any other expenditure related to traffic safety and the enforcement of traffic laws within the City by the Police Department. 10.76.050 Accumulation of Monies in the Fund. The balance remaining in the Traffic Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in the fund for the purposes set forth herein. 10.76.060 Establishment of Administrative Fee. A. A fee to reimburse the City for costs incurred in the administration of procedures for removing vehicles shall be charged by the Lake Elsinore Police Department to the owner of a vehicle removed pursuant to Sections 14602.6, 22651 (h), 22651(0), 22651(P), or 22655.5 of the California Vehicle Code. These charges shall be in accordance with and by the authority of Section 22850.5 of the California Vehicle Code. B. The Chief shall propose the fee authorized by Chapter 10.76 and such fee shall be known as the TOF Fee. The TOF Fees shall not go into effect until approved by resolution by the City Council. The TOF Fee shall not exceed an amount that covers the actual administrative costs incurred by the City relating to the removal, impoundment, storage, and release of the vehicle. C The Chief, with the approval of the City Council, is hereby authorized to adopt such rules, regulations, and procedures as are necessary for the release of properly impounded vehicles and for the Police Department to impose, collect, and administer the TOF Fee by this section. 10.76.070 Reimbursement for Tow on Vehicles. The Police Department may waive the TOF Fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims. Circumstances under which the administrative fee may be waived include: 1. Because the vehicle was towed and stored without authorization by any of the several provisions of the California Vehicle Code; 2. Because a vehicle was towed or stored as a recovered stolen vehicle and the legal or registered owner lives within the boundary of the City. SECTION 2: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any PAGE THREE - ORDINANCE NO. 1080 - person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3: NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 4: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 26th day of March, 2002, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 9th day of April, 2002, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: PAGE FOUR - ORDINANCE NO. 1080 - A"f't~S--T' -- -- ... .-t . _ ;r t ~UW vicKrK1isad~ City Clerk APPROVED AS TO FORM: -- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 26th day of March, 2002; approved upon second reading by title only on the 9th day of April, 2002, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - - - --_(.\BST:AIN-:- - -:_ COUNCILMEMBERS: 2) . n. fL..j vi~SAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1080 of said Council, and that the same has not been amended or repealed. DVW'Aj>ri117,2002 vJhU VICKI KASAD, CITY CLERK ClTY{)F LAKE ELSINORE (SEAL)