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HomeMy WebLinkAbout39-C - Ordinances ORDINANCE NO. 39-C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING ARTICLE 10.50 TO TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT OF PERMIT PARKING DISTRICTS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMUNGA DOES ORDAIN AS FOLLOW S: SECTION 1: Title 10 of the Rancho Cucamonga Municipal Code is hereby amended by adding a new Chapter 10.50, to be read, in words and fiEures, as follows: Chapter 10.50 "Permit Parking Districts" Sections: 10.50.010 Del inlt ions 10.50.020 Designation of permit parking districts; Findings 10.50.030 Minimum size 10.50.040 Petitions 10.50.050 Signs 10.50.060 Exemption for permit holders 10.50.070 Issuance of permits 10.50.080 Guest parking permits 10.50.090 Display of permits 10.50.100 Exempt vehicles 10.50.110 Authority of Engineer 10.50.120 Dissolution of permit parking district 10.50.130 Penal provisions Section 10.50.010. Definitions. As used in this Chapter, the following terms shall have the following meanings: A. "Engineer" means the City Engineer of the City of Rancho Cucamonga or his or her designee. B. "Permit Parking District" means an area established by resolution of the City Council wherein parking restrictions apply to all vehicles except vehicles which have been issued a parking permit pursuant to this Chapter and vehicles exempted by Section 10.50.100. C. "Resident" means a person who lives in a dwelling unit located within a Permit Parking District. Ordinance No. 39-C Page 2 D. "Guest" means any person visiting or intending to visit a resident in a Permit Parking District. Section 10.50.020. Designation of Permit Parkin~ Districts; Findings. The City Council may establish Permit Parking Districts by resolution. Any such resolution shall designate the boundaries of the Permit Parking District and shall specify the nature of the parking limitations which apply within the district to operators of vehicles other than vehicles which have been issued a permit pursuant to this Chapter, or which are exempted from this Chapter pursuant to Section 10.50.100. Every such resolution shall be based on the findings as follows: A. Commuter vehicles, defined as those vehicles operated by persons whose destinations are to non-residential areas or uses, do or may substantially and regularly interfere with the use of the majority of available parking spaces for use by residents; B. The interference by commuter vehicles occurs at regular and significant daily or weekly intervals; C. That the commuter vehicles being driven or parked in the area of the proposed permit parking district cause or are the source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in such proposed district; D. That seventy-five percent (75%) of the residents within the proposed district desire, agree or request permit parking privileges (unless established by City Council action in absence of a petition); E. That no unreasonable displacement of commuter vehicles will result into surrounding residential areas; F. That no alternative solution, other than the establishment of the permit parking district, is feasible or practical. Section 10.50.030. Minimum size. Permit Parking Districts shall contain at least four (4) blocks or at least one (1) mile curb frontage. Section 10.50.040. Petitions. Residents may petition the City Council for the establishing of a Permit Parking District. Any such petition shall designate the boundaries of the proposed district and shall be signed by at least seventy-five percent (75%) of the residents within the proposed district. Such a petition shall be filed with the Engineer who shall prepare a report to the City Council on the proposed district, including the Engineer's recommendations regarding the establishment thereof. The Engineer shall forward his report together with the petition to the City Council. Nothing in this section shall be construed to limit the authority of the City Council to establish a Permit Parking District in the absence of such a petition. Ordinance No. 39-C Page 3 Section 10.50.050. Signs. Upon the establishment of a Permit Parking District, the Engineer shall cause appropriate signs to be erected in the district, indicating thereon the parking limitation applicable to the district and the exemption therefrom of vehicles with permits. The regulations pertaining to any Permit Parking District shall not apply until signs or markings giving adequate notice thereof have been placed. Section 10.50.060. Exemption for Permit Holders. The parking limitations imposed within a Permit Parking District pursuant to this Chapter shall not apply to vehicles for which a parking permit pertaining to that district has been issued and displayed in the manner prescribed in Section 10.50.090. No such permit shall reserve any particular parking place within the district to the holder of the permit. Each such permit shall be valid only for the Permit Parking district for which it is issued. Section 10.50.070. Issuance of Permits. Applications for permits to park within a Permit Parking District may be made by any resident within such district. Such applications shall be filed with the Engineer. Unless otherwise prescribed by the resolution establishing the district, not more than three (3) permits (exclusive of guest parking permits) shall be issued to residents of any single dwelling unit. Any person aggrieved by the decision of the Engineer may appeal such decision to the City Manager, whose decision on the matter shall be final. Section 10.50.080. Guest parkin~ Permits. Unless otherwise prescribed in the resolution establishing a Permit Parking District, each resident holding a parking permit shall be entitled to receive guest parking permit forms from the Engineer. The use of guest parking permits shall be designated in the resolution establishing the Permit Parking District. Section 10.50.090. Display of Permits. A. A parking permit issued pursuant to this Chapter (other than a guest parking permit) shall be permanently affixed to the lower driver side of the inside of the rear window of the vehicle for which it was issued. B. Guest parking permits shall be displayed face up on the driver front dashboard of the vehicle for which it was issued. Section 10.50.100. Exempt vehicles. The following vehicles are exempt from the parking restrictions applicable to any Permit Parking District: A. Repair, maintenance, refuse collection, utility, delivery and service vehicles being used in the course of business. B. Vehicles owned or operated by any governmental agency, or contractor of a governmental agency, being used in the course of business. C. Emergency, life support and health care vehicles being used in the course of business. Ordinance No. 39-C Page 4 Section 10.50.110. Authori_~ty~ of the Engineer. The Engineer is authorized to establish rules and procedures and to p~duce signs, forms and other materials necessary or appropriate to implement the provisions of this Chapter. Section 10.50.120. Dissolution of Permit Parkin~ Districts. The City Council may, by resolution, terminate and dissolve any previously established Permit Parking District. Section 10.50.130. Penal Provisions. A. Unless exempted by the provisions of this Chapter no person shall stand or park a motor vehicle in any Permit Parking District in violation of any parking restrictions established pursuant to this Chapter. B. No person shall falsely represent himself or herself as eligible for a parking permit or furnish false information to the Engineer or his representatives in an application for a parking permit. C. No person who has been issued a parking permit shall thereafter allow the use thereof by any other person. D. No person shall copy, produce, create or use any facsimile or counterfeit parking permit. E. Any act or omission declared unlawful by the provisions of this Chapter is an infraction punishable by a fine not to exceed that set by the current uniform county-wide bail schedule established pursuant to the terms of the California Vehicle Code. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction or preemptive legislation, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid, unconstitutional or preempted. 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 The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of September, 1988. Ordinance No. 39-C Page 5 AYES: Buquet, Wright NOES: King ABSENT: Brown, Stout Dennis L. Stout, Mayor ATTEST: Beverly/A.-Aut]{~iet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of August, 1988, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of September, 1988. Executed this 8th day of September, 1988 at Rancho Cucamonga, California. Beverly ~. Authelet, City Clerk