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HomeMy WebLinkAboutItem No. 07 Amending Penalites for Violations MC Lake Use RegulationsText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ORD 2014-013 Agenda Date: 5/9/2017 Status: BusinessVersion: 1 File Type: OrdinanceIn Control: City Council Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 5/4/2017 Page 1 of 4 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Audrey Young Date:May 9, 2017 Subject:Amending Penalties for Violations of the Municipal Code, Lake Use Regulations, and Parking Regulations; and Establish Civil Fines and Penalties for Violations of Lake Use Regulations Recommendation Introduce by title only and waive further reading of: 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; and, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 9.96, SECTIONS 40, 180, AND 210, AND ADDING CHAPTER 9.96, SECTIONS 290, 300, 310, AND 320 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE USE REGULATIONS; and, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 10.12, SECTIONS 20, 25, AND 140, AND ADDING CHAPTER 10.12, SECTIONS 160 AND 170 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING REGULATIONS; and, adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING CIVIL FINES AND PENALTIES FOR VIOLATIONS OF LAKE USE REGULATIONS Background Last year, the City Council approved proposed amendments to Chapter 9.96 of the Lake Elsinore Municipal Code (LEMC) regarding Lake Use Regulations to expand recreational opportunities on the lake. As a result, many of the existing lake use citation descriptions were changed and several other regulations were enacted which in turn required establishing penalties for enforcement. In addition, in 2016 the Cityshifted from using paper citations to electronic citations to save citation processing costs ($1.20/citation versus $19.00/citation). Lake use citations are issued as Page 2 of 4 violations of the LEMC pursuant to section 1.16.040 as civil penalties and the citation and appeals process follows the California Vehicle Code processes for parking citations since vessels are defined as “vehicles” under the California Vehicle Code. Since the City uses the same electronic system that is used to process parking citations, last year’s notices for lake use violations were previously titled “Parking Citations.” However, to improve the clarity for the person receiving the notice, all mailed citation notices will now be updated appropriately for lake use violations upon approval of the proposed amendments and resolution. The citation process for vessels is essentially identical to vehicle parking violations. Citations are issued directly to the vessel operator. The operator is given the initial responsibility to pay the citation. However, vessel operators are not required to carry identification so false identification may be given. As a result, in accordance with Sections 40200-40230 of the California Vehicle Code, the City’s lake use citations include the vessel CF numbers (i.e. California Vehicle Code Section 40200(b)). When the citation is issued on the lake, the operator is told to pay the citation, and the citation is then uploaded to the processing center. Previously, the operator’s contact information was written in the “comments” section on the initial citation. However, the citation template will be updated to include the operator’s contact information (based on the information verbally provided by the operator). Approximately seven days after the initial citation (CA Vehicle Code 40202.4(a) requires mailing within 15 days), an Official Courtesy Notice of Violation will be mailed to the vessel operator (based on the information provided by the operator). Upon receipt of the notice, the vessel operator has two options: 1.Pay the citation within 21 days of issuance of initial citation (as noted on the citation and the Official Courtesy Notice of Violation); or, 2.Appeal the citation within 21 calendar days. If the citation is not paid by the vessel operator within 21 days, an Official Notice of Delinquent Violation will be mailed to the registered vessel’s owner. The vessel owner then has three options: 1.Pay the citation and recover any fees/fines from the operator or renter of the vessel. It is recommended that the vendor require a deposit/credit card to hold on file from each renter and the liability for any citation costs and additional penalties be included as part of the rental agreement; 2.Appeal the citation; or, 3.Submit an Affidavit of Non-Liability within 15 calendar days of the notice of delinquency, because the notice of delinquency means that the operator did not pay the citation. The vessel owner is ultimately responsible for paying the citation if the operator does not pay the citation unless an Affidavit of Non-Liability is submitted to the City and approved (CA Vehicle Code 40209). An Affidavit of Non-Liability must be submitted within 15 calendar days of the mailing of the Notice of Delinquent Violation and include the following: A. Notice of Delinquent Violation B. Proof of written lease or rental agreement that includes: Lessee/renter's driver's license number (CA Vehicle Code 40209) Page 3 of 4 Lessee/renter's name (CA Vehicle Code 40209) Lessee/renter's address (CA Vehicle Code 40209) Vessel CF# (Harbors and Navigation Code 673) Departure date and time (Harbors and Navigation Code 673) Expected time of return (Harbors and Navigation Code 673) Signatures of owner and renter/lessee In accordance with Harbors and Navigation Code Section 673, it is the vessel owner’s responsibility to maintain these records for each person or persons hiring any vessel for at least six months. Discussion To clarify the citation process and address the specific needs related to processing citations for parking and lake use violations, City staff proposes three ordinance amendments: 1.Chapter 1.16 regarding fines and penalties for violation of the LEMC is amended to expressly provide that the City Council may set the amounts of fines by resolution. The heading of Section 1.16.010 has been changed from “Penalty” to “Misdemeanor/infraction penalty” to clarify that the fines in that section are for misdemeanors and infractions (that is, criminal violations). The heading for Section 1.16.040 remains “Civil penalty” reflecting that fines imposed under that section are civil in nature. Under State law, fines for infractions are set at $100 (1st violation), $200 (2nd violation), and $500 (3 rd violation). State law sets civil fines at a maximum of $1,000. These maximum limits continue to be set forth in the ordinance. 2.Chapter 9.96 regarding lake regulations is amended to provide that all vessels comply with State and federal boating laws, require record-keeping by “for-hire” livery vessels, provides clarification regarding night boating, allows for temporary suspension of regulations for special circumstances, defines “enforcement officers,” allows for removal of vessels, and provides for a citation process as discussed above. 3.Chapter 10.12 regarding parking regulations is amended to clean-up the subsection numbering, allows for the temporary suspension of regulations for special circumstances, defines “enforcement officers,” and provides for processing of parking violation under procedures set by the Vehicle Code. Finally, attached is a resolution establishing updated civil penalties for violations of the City’s Lake Use Regulations (Chapter 9.96). The Ordinances and the associated Resolution are in the attached Exhibits. The Ordinances are presented for first reading. Fiscal Impact No fiscal impact except for staff document preparation time. Page 4 of 4 Exhibits A – Ordinance Regarding Chapter 1.16 Violations B – Ordinance Regarding Chapter 9.96 Lake Use Regulations C – Ordinance Regarding Chapter 10.12 Parking Regulations D – Resolution Establishing Civil Fines and Penalties for Lake Use Violations 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 1: LEMC Chapter 1.16 Violations, Sections 10 Penalty and 40 Civil Penalty are hereby amended and restated in their entirety to read as follows: 1.16.010 Misdemeanor/Infraction Penalty. A. Any violation of any provision of this code and adopted codes 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 not exceeding $1,000.00 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 not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. Subject to the foregoing, the amount of any fine to be assessed may be established by resolution of the City Council (Council). 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 not to exceed $1,000.00 subject to the foregoing, the amount of the civil penalty to be assessed may be established by resolution of the Council. 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 31 st day after the date of adoption. Ord. No. 2017 – ____ Page 2 of 2 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 E. Magee Mayor Attest: Susan M. Domen, MMC City Clerk 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 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 held on the _______day of ___________, 2017, by the following vote: AYES: NOES: ABSENT ABSTAIN: 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 40, 180, AND 210, AND ADDING 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 Section 180 Age limits for operating vessels, and Section 210 Operating vessels at night are hereby amended and restated in their entirety as follows: 9.96.040 Lake Users, Vessel Operators, and Livery Vessel Operators. A. All users of the lake, vessel operators, and livery vessel operators are required to comply and act in accordance with the Federal, State, and local laws and regulations, including but not limited to the California Harbors and Navigation Code and the California Vehicle Code as currently existing and hereinafter amended. B. Livery vessel owners shall comply, maintain the appropriate records, and act in accordance with California Harbors and Navigation Code Section 673. C. Livery vessel companies shall only rent vessels to operators of legal age to be bound by contract (18 years and older). D. Livery vessel owners shall maintain an annual commercial lake use pass pursuant to LEMC 8.40.050(D), for each Livery vessel operated on Lake Elsinore. 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 boats are permitted. Non-motorized vessels (i.e. paddleboards, kayaks, rafts, sailboats without a motor) and personal watercrafts Ord. No. 2017 – ____ Page 2 of 3 are not permitted for night boating. All vessels operating at night are required to have and operate fully functional navigation lights. C. The maximum allowable speed at night is five miles per hour, unless authorized from the City Manager. D. Any boat operating at night pursuant to this section shall have a daily lake use pass, which shall be designated for nighttime operations. The City Manager may limit the number of daily lake use passes issued for nighttime operation. Section 2: 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 California 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 Notwithstanding the General Provisions contained in Title 1 of the LEMC, violation of this Chapter 9.96 shall be processed and may be appealed in accordance with California Vehicle Code Sections 40200-40230, which is hereby adopted and as may be amended from time to Ord. No. 2017 – ____ Page 3 of 3 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 word is declared to be severable. Section 4: Effective Date.This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) 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 E. Magee Mayor Attest: Susan M. Domen, MMC City Clerk 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. 2017-_____ 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 __________, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 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 10.12, SECTIONS 20, 25, AND 140, AND ADDING 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 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 – ____ 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 this ____day of _________, 2017. Robert E. Magee Mayor Attest: Susan M. Domen, MMC City Clerk 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. 2017-____ 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 __________, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 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 RESOLUTION NO. 2017 – ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING CIVIL FINES AND PENALTIES FOR VIOLATIONS OF LAKE USE REGULATIONS Whereas,the City of Lake Elsinore (City) is charged with enforcement of Lake Elsinore Municipal Code (LEMC), including Chapter 9.96 regarding Lake Use Regulations; and, Whereas,the City Council (Council) is authorized to set by resolution the civil fines and penalties for violations of the LEMC; and, Whereas, the Council desires to amend and restate certain civil penalties for violations of Chapter 9.96 regarding Lake Use Regulations and adopt a Penalties and Delinquent Fee Schedule for Lake Use Violations as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1:Pursuant to Section 1.16.040 of the LEMC, the Penalties and Delinquent Fee Schedule for Lake Use Violations attached as Attachment A hereto and incorporated herein shall apply to violations of Chapter 9.96 of the LEMC for which a civil penalty is imposed. Section 2: Except for those provisions of Chapter 9.96 of the LEMC set forth in Attachment A, previously established fines and penalties for violation of designated provisions of the LEMC shall remain in full force and effect. Section 3: This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 9th day of May, 2017. Robert E. Magee, Mayor Attest: Susan M. Domen, MMC City Clerk Reso No. 2017 - ___ Page 2 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, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 9, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Reso No. 2017 - ___ Page 3 of 3 EXHIBIT A PENALITES AND DELINQUENT FEE SCHEDULE FOR LAKE USE VIOLATIONS (Pursuant to LEMC Chapter 9.96 Regarding Lake Use Regulations) LEMC SECTION #CITATION DESCRIPTION FINE AMOUNT DELINQUENCY FEE (After 21 Days) TOTAL DUE (If Delinquent) 9.96.040 Maintaining Appropriate Records $100 $100 $200 9.96.050 No Lake Use Pass $150 $150 $300 9.96.060 Vessel More Than 40 Feet Long $100 $100 $200 9.96.070 Non-Motorized Vessel Outside No Wake Zone $100 $100 $200 9.96.080-110 Unauthorized Use of Device, Scooter, or Aircraft $100 $100 $200 9.96.120 Inspections/Equipment $150 $150 $300 9.96.130 Illegal Launch $100 $100 $200 9.96.140 Exceed Speed Limit $100 $100 $200 9.96.150 High Speed - Equipment $100 $100 $200 9.96.160 Traffic Pattern $100 $100 $200 9.96.170 Illegal Use of Personal Water Craft Course Zones $100 $100 $200 9.96.180 Age Limit $100 $100 $200 9.96.190 Reckless or Negligent Operations $100 $100 $200 9.96.200 Illegal Tow $100 $100 $200 9.96.210 Night Operations $100 $100 $200 9.96.220 Beaching, Mooring, or Berthing $100 $100 $200 9.96.230 Anchoring $100 $100 $200 9.96.240 Vessel Noise $100 $100 $200 9.96.250 Disposal of Waste $150 $150 $300 9.96.260 Restricted Use $150 $150 $300 9.96.270 Buoys, Beacons, and Axial Flow Pump Stations $150 $150 $300 9.96.320 Removal of Vessel $200 $200 $400