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HomeMy WebLinkAboutOrd. No. 2006-1187 ORDINANCE NO. 1187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REPEALING CHAPTER 10.40 OF THE LAKE ELSINORE MUNICIPAL CODE AND AMENDING AND RESTATING CHAPTER 10.12 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING WHEREAS, Chapters 10.12 and 10.40 of the Lake Elsinore Municipal Code regulate parking in the City of Lake Elsinore; and WHEREAS, in order to streamline parking in the City and address public safety concerns, the City Council has determined to amend Chapter 10.12 and repeal Chapter 10.40. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 10.40 of the Lake Elsinore Municipal Code is hereby repealed. SECTION 2. That Chapter 10.12 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: CHAPTER 10.12, PARKING, STOPPING, AND STANDING REGULATIONS/ ENFORCEMENTNIOLATIONS 10.12.010 Intent and purpose. The intent and purpose of this chapter is to establish parking regulations that will enhance the health, safety and welfare of persons using public right-of-ways within the City of Lake Elsinore. Illegal parking, stopping and standing of vehicles create unsafe conditions for motorist and pedestrians. Accordingly, this chapter also provides the authority for enforcement of the parking violations program. 10.12.020 Enforcement personnel. The provisions of this chapter shall be administered and enforced by the Lake Elsinore Police Department (Riverside County Sheriff), Lake Elsinore Code Enforcement personnel and CITY COUNCIL ORDINANCE NO. 1187 PAGE 2 OF 8 any other employee so designated as the Parking Code Enforcement Officer by the City Manager. Said personnel are authorized to issue citations for all violations of this Chapter. 10.12.025 Definition of Commercial Vehicle. "Commercial vehicle" means any commercial vehicle as defined in the California Vehicle Code, including but not limited to truck tractors, trailers, or semi-trailers, regardless of gross weight rating, used for the purpose of transporting materials or goods for commercial purposes" and bearing a commercial license plate as defined in the California Vehicle Code, provided, however, that no passenger vehicle or pickup truck with a standard bed shall be deemed a commercial vehicle even if bearing a commercial license plate. 10.12.030 Angle parking. The City Council may adopt a resolution designating the location of angle parking on certain streets or portion thereof, provided that angle parking shall be permitted only where: A. Such parking does not diminish the width of the roadway available for travel to less than twenty (20) feet. B. The surfaced roadway between curbs on a State highway is more than sixty-five (65) feet in width. C. There is a clear width of forty (40) feet left for vehicle travel on any street which is a continuation of or part of a County truck line highway or state highway. 10.12.040 Handicap parking. Parking spaces may be reserved for the exclusive use of vehicles displaying proper disabled persons' exemption identification as defined in the California Vehicle Code. The Director of Community Development is hereby authorized' to locate and establish such reserved spaces in public parking lots and in curb side parking areas as may be reasonably necessary to meet the needs of the disabled. Whenever any handicap parking spaces are so designated, said spaces shall be identified by signs or markings giving notice thereof in a manner consistent with the provisions of the California Vehicle Code. 10.12.050 Loading zones. The City Council may adopt a resolution designating the location of loading zones on certain streets. CITY COUNCIL ORDINANCE NO. 1187 PAGE30F8 A. Whenever such a zone is established on any street subject to any parking prohibition or restriction established pursuant to this chapter, said parking prohibitions or restrictions shall not apply to such loading zone. B. It shall be unlawful for the operator of any vehicle to park or stop such vehicle for any purpose other than the loading or unloading of passengers or material within an established loading zone; provided, however, that the stop for the loading or unloading of passengers shall not be made for more than three minutes nor the loading or unloading of materials for more than twenty minutes in any loading zone so established. C. Whenever any such loading zone is established, the area(s) affected shall be identified by signs or markings giving notice thereof. 10.12.055 Prohibition of commercial vehicle loading and unloading on Main Street. A "Commercial Vehicle No Loading and Unloading Zone" is designated on both sides of Main Street between Sulphur Street and Heald Avenue and shall be identified by posted signs or curb markings giving notice of such restriction. It shall be unlawful to park, stop, or leave standing any commercial vehicle, whether attended or unattended, in the Commercial Vehicle No Loading and Unloading Zone. Notwithstanding any other provision in this chapter, any commercial vehicle in violation of this provision may be removed from the street at the direction of the police authority. 10.12.060 Bus zones. The Director of Community Development is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of ,passengers and to determine the location thereof, when such zones are found to be necessary and will not cause a safety hazard. Whenever such a zone is established on any street subject to any parking prohibition established pursuant to this chapter, said parking prohibition shall not apply to buses. Whenever such a zone is established, the area affected shall be identified by signs or markings giving notice thereof. 10.12.070 Taxi zones. The City Council may adopt a resolution designating the location of taxi zones on certain streets. Whenever such a zone is so designated: CITY COUNCIL ORDINANCE NO. 1187 PAGE 4 OF 8 A. It shall be marked by painting the curb red with the words "Taxi Loading Zone" in white letters. B. It shall be for the exclusive use of taxicabs and public carriers and it shall be unlawful for the operator of any other vehicle to park or stop such vehicle in said zone. c. Taxicabs and other carriers may park their vehicles in said designated area for the receiving and discharging of passengers or for any other taxicab purpose at any time. 10.12.080 Public parking lots. Any parking regulation, restriction or prohibition set forth in this chapter may be applied to any off-street publicly- owned parking lot or facility. 10.12.090 Reserved. 10.12.100 Parking on hills. When the grade within a business or residential district exceeds three percent (3%), it shall be unlawful to park, stop or leave a vehicle standing unattended wi~hout blocking the wheels by turning them against the curb or by using other means. 10.12.110 Parking in alleys. Unless otherwise posted, it shall be unlawful to park, any vehicle standing in an alley for purposes other than the loading or unloading of materials and such parking shall not exceed twenty minutes. In no event shall the driver of such vehicle leave less than one traffic lane for unobstructed passage. 10.12.120 Parking prohibitions. Parking prohibitions in violation of this chapter shall include: A. Any vehicle left unattended upon any bridge, driveway apron, designated and signed equestrian trial, or the parkway area in the commercial and industrial zones. B. Any vehicle which is parked or left standing in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the street which may include, without limitation, the deployment of RV pop-outs or other extensions into the public right-of- way. CITY COUNCIL ORDINANCE NO. 1187 PAGE 5 OF 8 C. Any vehicle which is parked or left standing in a position so as to obstruct the normal movement of pedestrians upon any sidewalk which may include, without limitation, the deployment of R V pop-outs or other extensions into the public right-of-way. D. Any vehicle which is parked so as to block the entrance to a private driveway. E. Any vehicle which is parked so as to prevent access by fire fighting equipment to a fire hydrant. F. Any vehicle found stopped, standing, parked or left unattended along any street or street segment for a period of time longer than that permitted, or restricted as a no-parking area as has been established by ordinance or resolution of the City Council where signs have been posted or curb markings made providing notice of such restrictions. 10.12.130 Oversized vehicle parking. No, person shall park or leave standing upon any public street or highway in a residential district for a period in excess of twenty-four (24) consecutive hours: A. Except for recreation vehicles as provided in Section IO.12.130.E, any motor vehicle or motor vehicle with an attached trailer or nonmotorized vehicle over twenty-five (25) feet long measured from the extreme forward point to the extreme rear point, including extens,ions; B. Any motor vehicle, including buses, motor trucks, trailers, semi- trailers, trailer coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96) inches wide, measured at its widest point excluding side- view mirrors or similar extensions, designed, used or maintained for the transportation of property; C. Any commercial vehicle as defined in Section 10.12.025; D. Any nonmotorized vehicle, such as a semitrailer, trailer, trailer coach, motorcycle or other utility trailer, two or more axle camper, or a one-axle camper, which has been detached from its drawing vehicle, boat/watercraft trailer, or farm machinery; CITY COUNCIL ORDINANCE NO. 1187 PAGE 6 OF 8 E. Any "recreational vehicle (RV)" over twenty (20) feet long measured from the extreme forward point to the extreme rear point, including extensions. The term "recreational vehicle (R V)" shall have the same meaning as set forth in California Health and Safety Code Section 18010 or successor statute. 10.12.140 Removal of vehicle from streets. Enforcement personnel may remove or cause to be removed: A. Any vehicle that has been parked or left standing upon a street, or highway for seventy-two (72) or more consecutive hours. B. Any vehicle which is parked or left standing upon a street or highway where: 1. The use of such street or highway or portion thereof is necessary for the cleaning, repair or construction of the street or highway; or 2. Any portion thereof is authorized for the purpose other than the normal flow of traffic and such authorization is designated by signs; or 3. The use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and where the parking of such vehicle would prohibit or interfere with such use; or 4. Signs are erected or placed at least twenty-four (24) hours prior to the removal providing notice that the vehicle may be removed. C. The City hereby adopts Section 22658 of the California Vehicle Code (Removal of vehicle from private property by property owner; Requirements; Notice; etc.) in its entirety and as amended from time to time, which allows the owner or person in lawful possession of private property, to, under certain specific circumstances, cause the removal of a vehicle parked on the property to the nearest public garage and/or a citation may be issued for the parking violation. 10.12.150 Temporary suspension of regulations. When deemed warranted by special circumstances, the Police Chief may temporarily CITY COUNCIL ORDINANCE NO. 1187 PAGE 7 OF 8 suspend parking regulations, restrictions or prohibitions established pursuant to this chapter. SECTION 3. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby decJared to be severable. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect on October 1, 2006 or such later date that is thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this July 25,2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE , ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL ORDINANCE NO. 1187 PAGE 8 OF 8 PASSED, APPROVED AND ADOPTED UPON SECOND READING August 8, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Robert E. Magee, City of Lake Elsi ATTEST: Frederick Ray, i Clerk City of Lake Elsinore APPROVED AS TO FORM: