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HomeMy WebLinkAboutOrd. No. 2017-1377 Parking Regulation Chapter 10.12ORDINANCE NO. 2017 — 1377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 10.12, SECTIONS 20, 25, AND 140, AND ADDING SECTIONS 160 AND 170 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING REGULATIONS Whereas, the City of Lake Elsinore (City) maintains the regulations and enforcement of public right -of -way via the Lake Elsinore Municipal Code (LEMC). Whereas, the City desires to utilize California Vehicle Code Sections 40200 -40230 for the enforcement of Parking Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1: LEMC Chapter 10.12, Section 20 Enforcement Personnel is hereby deleted and replaced to read as follows: 10.12.020 Definitions "Commercial vehicle" means any commercial vehicle as defined in the California Vehicle Code, including but not limited to truck tractors, trailers, or semitrailers, 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. Section 2: Section 10.12.025 "Definition of commercial vehicle" is hereby deleted. Section 3: LEMC Chapter 10.12, Section 140 Temporary suspension of regulations is hereby amended and restated in its entirety to read as follows: 10.12.140 Temporary Suspension of Regulations When deemed warranted by special circumstances, the City Manager or Police Chief may temporarily suspend parking regulations, restrictions or prohibitions established pursuant to this chapter. Section_ 4: LEMC Chapter 10.12, is hereby amended to add Section 160 Enforcement Officer and Section 170 Violations read as follows: 10.12.160 Enforcement Officer The provisions of this chapter shall be administered and enforced by an Enforcement Officer. For purposes of this chapter, "Enforcement Officers" shall mean any City employee or any agent of the City with the authority to enforce any provision of this code, codes adopted by the City, or State laws enforceable by the City. Enforcement Officers are authorized to issue citations for all violations of this chapter. 10.12.170 Violations Notwithstanding the General Provisions contained in Title 1 of the LEMC, the City hereby adopts Sections 40200 -40230 of the California Vehicle Code (Procedure on Parking Violations) in its entirety and as amended from time to time, for the processing and appeals of citations issued for violations of Chapter 10.12 Parking Regulations of the LEMC. Ord. No. 2017 — 1377 Page 2 of 2 Section 5: Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. Section 6: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the 31St day after the date of adoption. Section 7: Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law. Passed and Adopted on this 231 day of May, 2017 obert E. Mag. Mayor Attest: Diana - Giron, CM Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } I, Diana Giron, CMC, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. 2017 -1377 was introduced at the Regular meeting of May 9, 2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of May 23, 2017, by the following vote: AYES: Council Members Hickman and Tisdale; Mayor Magee NOES: None ABSENT: Council Member Manos and Mayor Pro Tern Johnson ABSTAIN: None I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the 1St day of June, 2017. Diana Giron, CMC Deputy City Clerk