HomeMy WebLinkAboutOrd 1090 PDMC 10.48 Handicapped ParkingREQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
CITY OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
Add Sections 10.48.250 and 10.48.260 to Chapter 10.48 of Title 10
of the Palm Desert Municipal Code related to Handicapped
Parking.
Hart Ponder, Code Compliance Manager
January 27, 2005
Proposed Ordinance adding 10.48.250 and 10.48.260 to Chapter
10.48 of Title 10 of the Palm Desert Municipal Code related to
Handicapped Parking. Ordinance No. 1090
Recommendation:
By Minute Motion add Sections 10.48.250 and 10.48.260 to
Chapter 10.48 of Title 10 of the Palm Desert Municipal Code
related to Handicapped Parking. First reading.
Executive Summary:
Currently the City of Palm Desert's Law Enforcement issues handicapped parking
violations using the California Vehicle Code (CVC) as the citing authority. As a result of
the City's Law Enforcement using the CVC, a substantial amount of the fine is diverted
to the State. By adopting the identical sections into the Municipal Code, the City will
retain the full amount, helping to offset the cost of providing Law Enforcement to patrol
and write the parking citation.
Discussion:
As costs continue to rise to provide City services, Staff continues to look for ways to
cover the expense of providing these services. Parking Enforcement is one area. Since
the adoption of CVC Section 22507.8 (effective January 1, 1995) by the State, the
Legislators have directed portions of the fine amount to be remitted back to the State as
a remittance, each time CVC Section 22507.8 is used as a parking violation. Currently,
the State mandates that a total of $71 of the $330 fine amount for each violation of CVC
Section 22507 be directed to the State.
G:BIdgSfty\Building Group Documents1Code Compliance CorrespondencelHart\StaffReportParkingHC2.doc
Ordiance No. 1090
Staff Report
Handicap Parking Ordinance
Page 2
January 27, 2005
By adopting the CVC's sections into the City's Municipal Code, the City could increase
our expense recovery by $126,664 in the next year alone (based on the amount of
citations issued by the City's Law Enforcement in 2004).
The City Attorney has reviewed Staffs recommendation and has provided an Ordinance
for your consideration and adoption, if approved. Staff is present to answer any
questions you may have.
Submitted
Hart Pond - r
Code Compliance Manager
Approva
Homer Croy, As
Development
t City Manager for
s
Department Head:
Amir "Ali" Hamidz, eh
Director of Building and Safety
Paul Gibson, Director of Finance
Carlos Ortega, C' Manager David Erwin, City Attorney
G:1B1dgSftylBuilding Group Documents\Code Compliance CorrespondencelHart\StaffReportparkingHC2.doc
ORDINANCE NO.1090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADDING SECTIONS
10.48.250 AND 10.48.260 TO CHAPTER 10.48 OF TITLE 10
OF THE CITY OF PALM DESERT MUNICIPAL CODE
WITH RESPECT TO HANDICAPPED PARKING
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Sections 10.48.250 and 10.48.260 are hereby added to Chapter 10.48 of
Title 10 of the Palm Desert Municipal Code to read as follows:
"Section 10.48.250 Handicapped Parking Without a Placard.
A. It is unlawful for any person to park or leave standing any vehicle in a stall or
space designated for disabled persons and disabled veterans pursuant to Vehicle Code Section
22511.7 or 22511.8, unless the vehicle displays either a special identification license plate issued
pursuant to Vehicle Code Section 5007 or a distinguishing placard issued pursuant to Vehicle
Code Section 22511.55 or 22511.59.
B. It is unlawful for any person to obstruct, block, or otherwise bar access to those
parking stalls or spaces except as provided in subdivision "A".
C. Subsections "A" and `B" apply to all off-street parking facilities owned or
operated by the City, and to any privately owned and maintained off-street parking facilities.
D. Any person who violates any provision of this section is deemed guilty of an
infraction in accordance with Chapter 1.12 of this Code.
Section 10.48.260 Blocking area surrounding handicapped parking.
A. It is unlawful for any person to park or leave standing any vehicle, including a
vehicle displaying a special identification license plate issued pursuant to Vehicle Code Section
5007 or a distinguishing placard issued pursuant to Vehicle Code Section 22511.55 or 22511.59,
in either of the following places:
1. On the lines marking the boundaries of a parking stall or space designated
for disabled persons or disabled veterans.
2. In any area of the pavement adjacent to a parking stall or space designated
for disabled persons or disabled veterans that is marked by crosshatched lines and is herby
designated, pursuant to any local ordinance, for the loading and unloading of vehicles parked in
the stall or space.
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Ordinance No. 1090
B. Subsection "A" applies to all off-street parking facilities owned or operated by the
City and to any privately owned and maintained off-street parking facilities.
C. Any person who violates any provision of this section is deemed guilty of an
infraction in accordance with Chapter 1.12 of this Code."
Section 3:. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published within fifteen (15) days after its passage at least once, in a newspaper of
general circulation, published and circulated in the City of Palm Desert, California. This
Ordinance of the City of Palm Desert shall be effective thirty (30) days after the date of its
passage.
PASSED, APPROVED and ADOPTED this day of , 2004,
by the City Council of the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Buford A. Crites, Mayor
City of Palm Desert, California
ATTEST:
Rachelle Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. Erwin, City Attorney
City of Palm Desert
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