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HomeMy WebLinkAboutItem No. 10 Violations, Administrative Citations, Lake Regulations, Parking OrdinancesText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ORD 2014-011 Agenda Date: 3/14/2017 Status: BusinessVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 3/9/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Audrey Young Date:March 14, 2017 Subject:Violations, Administrative Citations, Lake Use Regulations, and Parking Regulations Ordinances Recommendation Introduce by title only and waive further reading: 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 1.16, SECTIONS 10 AND 40 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING VIOLATIONS 2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 1.20, SECTION 10 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATIONS 3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 9.96, SECTIONS 10, 180, AND 210, AND ADDING CHAPTER 9.96, SECTIONS 290, 300, 310, AND 320 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE USE REGULATIONS 4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 10.12, SECTIONS 10, 20, 90, 140, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING REGULATIONS Background In 2016, the City Council of Lake Elsinore adopted Ordinance No. 2016-1352 amending Chapter 9.96 Lake Use Regulations of the Lake Elsinore Municipal Code (LEMC). Previously, this Chapter of the LEMC relied upon Chapter 10.12 Parking, Stopping, and Standing of the LEMC for the enforcement of violations of the Lake Use Regulation Chapter because Lake Use Regulations rely on the California Vehicle Code and California Harbors and Navigation Code. This is because violations of Lake Use Regulations are processed similarly as parking regulations, not as administrative citations. Page 2 of 2 Discussion In an effort to improve transparency and clarity for the public regarding the requirements of the State laws and processing of citations for lake use related violations, staff have prepared an Ordinance, amending Chapter 9.96 Lake Use Regulations to accommodate for the discussion of violations, enforcement personnel, as well as citations and appeals process for lake use related violations within the Chapter. This Ordinance does not contain any substantial amendments to the content that was recently approved in 2016. In addition, staff have made the subsequent clean up revisions via Ordinances for Chapters 1.16, 1.20, and 10.12 in order to clarify the different citations processing procedures for the different types of citations for different violations of the Municipal Code. Staff hereby present these Ordinances for introductory readings in the attached Exhibits. Fiscal Impact No fiscal impact except for staff document preparation time. Exhibits Exhibit A – Violations Ordinance Exhibit B – Administrative Citations Ordinance Exhibit C – Lake Use Regulations Ordinance Exhibit D – Parking Regulations Ordinance ORDINANCE NO. 2017-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 1.16, SECTIONS 10 AND 40 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING VIOLATIONS WHEREAS, the City of Lake Elsinore (City) maintains the regulations and violations of enforcement of Lake Elsinore Municipal Code (LEMC). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 11: LEMC Chapter 1.16 Violations, Sections 10 Penalty and 40 Civil Penalty are hereby amended and restated in their entirely to read as follows: 1.16.010 Penalty. A. Any violation of any provision of this code and adopted codes, except for violations of Chapters 9.96 and 10.12, constitutes a misdemeanor unless specifically designated as an infraction by this code or prosecuted as an infraction in the discretion of the City Attorney or City Prosecutor in the interest of justice. Such misdemeanor shall be punishable by a fine as set forth by Resolution or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of this code shall be punishable by a fine as set forth by Resolution. B. Each and every day during any portion of which any violation of any provisions of this code or adopted codes is committed, continued, maintained or permitted shall constitute a separate and distinct violation and public nuisance, and shall be subject to abatement, and punishable accordingly. 1.16.040 Civil penalty. In addition to any other penalty and enforcement authority provided in this code, every violation of a provision of this code or adopted codes shall be subject to a civil penalty as set forth by Resolution. A penalty may be imposed for each violation of this code and each day a violation exists. Such penalty may be imposed against any person or entity causing, permitting, or maintaining any violation of this code, adopted codes or State law the City is authorized to enforce. Section 2: 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 3: Effective Date.This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st) day after the date of adoption. Section 4: 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. CITY COUNCIL ORDINANCE NO. 2017-___ Page 2 of 3 PASSED AND ADOPTED this day of , 2017. Robert Magee Mayor Attest: Susan M. Domen, MMC, City Clerk CITY COUNCIL ORDINANCE NO. 2017-___ Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No.was duly and regularly passed and adopted by the City Council of the City of Lake Elsinore at its regular meeting held on the day of , 2017, by the following vote: AYES: NOES: ABSEN T: 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 day of _, 2017. Susan M. Domen, MMC City Clerk ORDINANCE NO. 2017-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 1.20, SECTION 10 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATIONS WHEREAS, the City of Lake Elsinore (City) maintains the regulations and enforcement of Lake Elsinore Municipal Code (LEMC) utilizing administrative citations, unless otherwise defined therein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1: LEMC Chapter 1.20 Administrative Citations, Section 10 Applicability is hereby amended and restated in its entirely to read as follows: 1.20.010 Applicability A. This chapter provides for administrative citations which are in addition to all other legal remedies. B. Administrative citations shall be applicable for all Lake Elsinore Municipal Code violations, except for violations of LEMC Chapter 9.96 Lake Use Regulations and Chapter 10.12 Parking Regulations which shall be enforced as provided therein. C. Use of this chapter shall be at the sole discretion of the City. Section 2: 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 3: Effective Date.This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st) day after the date of adoption. Section 4: 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 this day of , 2017. Robert Magee Mayor Attest: CITY COUNCIL ORDINANCE NO. 2017-___ Page 2 of 3 Susan M. Domen, MMC, City Clerk CITY COUNCIL ORDINANCE NO. 2017-___ Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No.was duly and regularly passed and adopted by the City Council of the City of Lake Elsinore at its regular meeting held on the day of , 2017, by the following vote: AYES: NOES: ABSEN T: 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 day of _, 2017. Susan M. Domen, MMC City Clerk ORDINANCE NO. 2017-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 9.96, SECTIONS 10, 180, AND 210, AND ADDING CHAPTER 9.96, SECTIONS 290, 300, 310, AND 320 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE USE REGULATIONS Whereas, the City of Lake Elsinore (City) maintains the regulations and enforcement of lake use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1: Lake Elsinore Municipal Code (LEMC) Chapter 9.96 Lake Use Regulations, Sections 10 Purpose, Section 180 Age limits for operating vessels, and Section 210 Operating vessels at night are hereby and restated in their entirety as follows: 9.96.010 Purpose The purpose of the Chapter is to provide rules governing the recreational use of vessels, equipment and other matters relating thereto, on Lake Elsinore (lake), and to protect the general health, safety, and welfare of persons using the lake. Accordingly, this chapter also provides the authority for enforcement of lake use violations. 9.96.180 Age limit for operating vessels A. No person under 16 years, except for a person between the ages of 12 and 15 years who is supervised on board by someone at least 18 years of age, shall operate a vessel having propulsion of more than 15 horsepower except for a sailboat that does not exceed 30 feet in length or a dinghy used directly between a moored vessel and the shore, or between two moored vessels. B. A person operating a vessel traveling in excess of 35 miles per hour within the high speed zone must be at least 16 years of age. C. A person operating a vessel must maintain all valid certificates and/or licenses required for operation in accordance with state and federal regulations. 9.96.210 Operating vessels at night A. Night boating may also occur with authorization from the City Manager during approved dates and times. B. Where nighttime operation is authorized, only motorized vessels are permitted. All vessels operating at night are required to have and operate fully functional navigation lights. C. During night boating, only a limited number of night lake use passes will be permitted. The maximum allowable speed at night is five miles per hour, unless authorized from the City Manager. D. The City Manager may limit the number of Night Lake Use Passes issued. CITY COUNCIL ORDINANCE NO. 2017-___ Page 2 of 4 Section 2: Lake Elsinore Municipal Code (LEMC) Chapter 9.96 Lake Use Regulations, is hereby amended to add Section 290 Temporary suspension of regulations, Section 300 Enforcement Officer, Section 310 Removal of vessel, and Section 320 Violations, to read as follows; 9.96.290 Temporary suspension of regulations When deemed warranted by special circumstances, the City Manager or Police Chief may temporarily suspend lake use regulations, restrictions or prohibitions established pursuant to this chapter. 9.96.300 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. 9.96.310 Removal of vessel In accordance with Harbors and Navigation Code Section 523, enforcement personnel are authorized to remove or cause to be removed: A. Any vessel which is unoccupied, unattended, or abandoned on the lake, except for vessels permitted to be moored overnight on the lake in accordance with LEMC Chapter 8.40.050(C). B. Any vessel that has been deemed to be unsafe for operation in accordance with the California Harbors and Navigation Code Section 652 and California Code of Regulations Title 14 Section 6550.5. C. Any vessel in which a single negligent vessel operator has been issued a citation and continues to engage in similar negligent activity for which the original citation was issued within a single day period. D. Any vessel that has an outstanding overdue citation in accordance with California Vehicle Code Sections 40200-40230. 9.96.320 Violations Violation of this Chapter 9.96 shall be processed and may be appealed in the same manner as parking violations in accordance with California Vehicle Code Sections 40200-40230, which is hereby adopted and as may be amended from time to time. Section 3: 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 CITY COUNCIL ORDINANCE NO. 2017-___ Page 3 of 4 word is declared to be severable. Section 4: Effective Date.This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st) day after the date of adoption. Section 5: 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 this day of , 2017. Robert Magee Mayor Attest: Susan M. Domen, MMC, City Clerk CITY COUNCIL ORDINANCE NO. 2017-___ Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No.was duly and regularly passed and adopted by the City Council of the City of Lake Elsinore at its regular meeting held on the day of , 2017, by the following vote: AYES: NOES: ABSEN T: 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 day of _, 2017. Susan M. Domen, MMC City Clerk ORDINANCE NO. 2017-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING CHAPTER 10.12, SECTIONS 10, 20, 25, AND 140, AND ADDING CHAPTER 10.12, SECTIONS 160 AND 170 OF 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 10 Intent and Purpose is hereby amended and restated in its entirely to read as follows: 10.12.010 Intent and Purpose The intent and purpose of this chapter is to establish parking, stopping, standing regulations that will enhance the health, safety and welfare of persons using public rights- of-way 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 parking violations.. Section 2: 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 3: Section 10.12.025 “Definition of commercial vehicle” is hereby deleted. Section 4: 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. CITY COUNCIL ORDINANCE NO. 2017-___ Page 2 of 3 Section 5: 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 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. Section 6: 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 7: Effective Date.This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st) day after the date of adoption. Section 8: 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 this day of , 2017. Robert Magee Mayor Attest: Susan M. Domen, MMC, City Clerk CITY COUNCIL ORDINANCE NO. 2017-___ Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No.was duly and regularly passed and adopted by the City Council of the City of Lake Elsinore at its regular meeting held on the day of , 2017, by the following vote: AYES: NOES: ABSENT: 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 day of _, 2017. Susan M. Domen, MMC City Clerk