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Ordinance - 2157ORDINANCE NO. 2157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY WEST COVINA, CALIFORNIA, AMENDING SECTION 16-53(a) OF THE WEST COVINA MUNICIPAL CODE • WHEREAS, the West Covina Municipal Code may be amended by ordinance only; and WHEREAS, Section 16-53 allows for the impoundment of skateboards, bicycles, and similar devices for a violation of laws applicable to the City Skate Park; and WHEREAS, the equal application of the provisions of Section 16-53 to skateboard, roller skate, scooter, and coaster regulations throughout the City will provide for enhanced ability to identify violators and deter future violations NOW, THEREFORE, the City Council of the City of West Covina does hereby ordain as follows: SECTION NO. 1: West Covina Municipal Code, Section 16-53 is amended to read as follows: Sec. 16-53. Confiscation and impoundment of personal property. (a) Violation of any provisions of this article or any violation pursuant to section 22-80 relating to skateboard, roller skate, coaster, and scooter restrictions may also result in the impounding of a skateboard, in -line skates, roller skates, coaster, toy vehicle, bicycle or similar device to determine identity of the user and/or to facilitate contact with a parent in the case of a juvenile violator. (b) Failure to comply with this article may result in a citation and penalties as set forth in section 16-52 above and the impoundment of the skateboard, in -line skates, roller skates, coaster, toy vehicle, bicycle or similar device and may also require restitution for damages to property, if applicable. (c) All skateboards, in -line skates, roller skates, coasters, toy vehicles, bicycle or similar devices impounded pursuant to this article shall be properly identified, catalogued and stored according to the West Covina Police Department's procedures for impounded property. (d) Skateboards, in -line skates, roller skates, coaster, toy vehicles, bicycle or similar devices shall not be impounded or stored as criminal evidence unless the item is used in connection with a criminal incident falling outside this general order. (e) The city council hereby establishes the right to charge impound fees for property confiscated pursuant to this section. The amount of said impound fees shall be set by resolution of the city council. (f) Unclaimed property. Articles impounded pursuant to this section which are not claimed and released within sixty (60) days of the initial impoundment date, shall be disposed of according to the West Covina Police Department's established procedures for the impoundment of unclaimed property. (g) For individuals under eighteen (18) years of age, the signature of a parent or • legal guardian shall be required for the release of impounded property. (h) Dispositions and releases of impounded property shall only be processed by authorized personnel of the West Covina Police Department during normal business hours. Ordinance No. 2157 Page 2 SECTION NO.2: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. PASSED and APPROVED on this 20`h day of March • May r Michael Touhey ATTEST: Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 61h day of March 2007. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the loth day of March 2007, by the following vote: AYES: Herfert, Hernandez, Lane, Sanderson, Touhey NOES: None ABSENT: None n ABSTAIN: None APPROVED AS TO FORM: " 7t' -"A City Attorney Ark ld Alvarez-Glasman 0 Clerk Lurie Carrico