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