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Ordinance - 2182ORDINANCE NO.2182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-175 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OVERNIGHT PARKING RESTRICTIONS IN LIMITED AREAS WHEREAS, the City's residents complained of vehicles being stored on City streets, residents' disputes over street parking, abandoned vehicles, suspicious parked vehicles, traffic safety, and parked vehicles preventing street cleaning and the Traffic Committee was prompted by such complaints to review the City's existing overnight parking restrictions, WHEREAS, Staff found that a citywide overnight parking restriction program would benefit residents by improving public safety, improving the efficiency of street cleaning, increase the quality of life and aesthetic value of residential neighborhoods, and discourage improper use of City streets as storage for inoperable vehicles, WHEREAS, on September 2, 2008, the City Council of the City of West Covina approved the Traffic Committee's recommendation to modify the City's existing overnight parking program and implement a citywide overnight parking restriction program, WHEREAS, the City Council desires to exercise its authority to regulate overnight parking pursuant to California Vehicle Code Sections 22507 and 22507.5. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Covina as follows: SECTION 1. Paragraphs (a), (b), and (c) of West Covina Municipal Code Section 22- 175 are hereby deleted and Section 22-175 is amended to read as follows: Section 22-175.Overnight Parking (a) Except as otherwise provided in this section, and except as may be provided by lawfully posted notice, no person shall stop, stand, or park a vehicle on any street, highway, alley, or publicly owned parking facilities between the hours of 2:00 a.m. and 6:00 a.m. of any day. EXEMPTIONS: Any vehicle may be so parked under the following conditions: (1) Contains, on the lower left corner of the windshield of such vehicle and in plain view from the outside, an annual parking permit issued by the Police Chief or his designee; or (2) Contains, on the left side of the dashboard of such vehicle and in plain view from the outside, a Single Night Permit issued by the City of West Covina; or (3) Is parked adjacent to a blue curb on a public street or highway, or in a blue parking stall established for disabled parking in a City -owned and operated parking facility, and the vehicle must clearly display a disabled person parking placard or disabled person vehicular license issued by the State of California; or (4) Is an ambulance, or a law enforcement or Fire Department vehicle engaged in the performance their duties; or (5) Is clearly marked by signs on its left side or on its rear portion or on its rear bumper showing that it is a vehicle of a physician or surgeon on a emergency call; or (6) Is a service vehicle used while responding to an emergency call for repair of damaged plumbing, lighting, or communication facilities, or (7) Is parked during a Federally recognized Holiday, or Ordinance No. 2182 Page 2 (8) Is parked directly adjacent to retail business operating on a 24-hour basis. (b) Notwithstanding subsection (a) of this section, a resident may obtain, from the Police Chief or his designee, a permit for parking a vehicle during the restricted period of 2:00 a.m. to 6:00 a.m. any day in accordance with section 22507.5 of the California Vehicle Code and the following requirements: (1) Applicant submits an overnight parking permit application in person; (2) Insufficient on -site parking exists on the property (all available on -site parking must be first utilized, including garage and driveway); (3) Permit fee is paid in full; and (4) Vehicle must be currently registered with the California Department of Motor Vehicles and vehicle registration must be kept current. (c) No overnight parking permits shall be issued for the following public streets: (1) Amar Road from westerly city limits to the easterly city limits; (2) Azusa Avenue from South Garvey Avenue to northerly city limits; (3) California Avenue north of West Covina Parkway; (4) Glendora Avenue from Vincent Avenue to South Garvey Avenue; (5) Lakes Drive from Vincent Avenue to Glendora Avenue; (6) Vincent Avenue from Glendora Avenue to North Garvey Avenue; and (7) West Covina Parkway from Pacific Avenue to Valinda Avenue. (d) Notwithstanding subsection (a) of this section, no person shall stop, stand, or park a vehicle on publicly owned parking facilities on the eastside of Glendora Avenue between Dalewood Street and Walnut Creek Parkway between the hours of 3:00 a.m. to 6:00 a.m. of any day. Section 22-175.1. Annual Overnight Parking Permit (a) An application for an overnight parking permit shall be submitted to the Police Chief or his designee, upon forms provided by the City which shall reflect the name and address of the applicant, the vehicle license number, and VIN, the make, model and type of vehicle, the reason for the permit request, the number of on -site parking spaces available (including the driveway and garage), and other information as the Police Chief may deem necessary. Application fees must accompany the application. (b) Eligible vehicles are passenger automobiles, vans, or pickup trucks whose primary purpose is to transport passengers for non-commercial purpose. (c) No annual permits shall be issued to commercial trucks and vehicles as defined in Section 26-63 of this code. (d) No annual permit shall be issued to recreational vehicles, recreational equipment and trailers, and utility trailers as defined in Section 26-63 of this code. (e) No annual permit shall be issued to any passenger automobile, van, or pickup truck that exceeds any of the following dimensions: (1) Length of twenty-three (23) feet; (2) Height of fourteen (14) feet; or (3) Width of eight (8) feet. (f) Any vehicle that has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours may be moved per Section 22-22A of this code and Section Ordinance No. 2182 Page 3 22651(k) of the California Vehicle Code and the approved overnight parking permit will be subject to revocation. (g) Applicants residing in multi -family units/developments such as apartments or condominiums must also submit a letter from the management of the complex, on company letterhead, stating that the applicant does reside at the facility, and on -site parking is not available. Section 22-175.2. Permit Application Fee No application shall be accepted unless an application fee, established by the resolution of the City Council, is submitted. If, for any reason, the application is denied, the accompanying application fee shall not be refunded to the applicant. If the application is approved, the applicant may obtain an annual permit. Section 22-175.3. Permit Application Investigation (a) Upon receipt of an overnight parking permit application, together with the appropriate fee, the Police Chief and the Public Works Director or his designee shall conduct an investigation to determine whether such permit shall be issued. If Police Chief and the Public Works Director or his designee determines that there is inadequate on -site parking at the applicant's residence for the vehicle described in the application, the permit shall be issued. The permit will be denied if the investigation discloses and Police Chief or his designee so finds that such on -site parking is reasonably available to the applicant. (b) The investigation may include, but is not limited to, an on -site inspection of the applicant's property, to include any garages and/or carports, vehicle registration check, and local record checks. Reasons for denial of the permit include, but are not limited to the following: (1) On -site parking is not available because a motor vehicle parked at the applicant's residence: (i) is not owned or operated by applicant, or (ii) does not have a current vehicle registration as required by law; and either (i) or (ii) causes the applicant to require the permit for off -site parking; (2) On -site parking is not available because an on -site parking space which could be used for the parking of a motor vehicle is being used for parking or storage of an un-permitted boat, un-permitted trailer, un-permitted recreational vehicle, household goods, or other personal property, which causes the applicant to require the permit for off -site parking; (3) On -site parking is not available because a garage/carport is being used as an accessory structure for habitable space including, but not limited to, a den, bedroom, or operation of a business, which causes the applicant to require the permit for off -site parking; (4) Verification with the manager/owner of the multi -family units/development; or (5) The applicant has any delinquent parking citations on file. Section 22-175.4. Annual Permit Fee (a) The Police Chief or his designee shall, upon the approval of the application and the receipt of the permit fee established by the resolution of the City Council, issue a parking permit through the Finance Department to the applicant for the motor vehicle designated in the application. Permit fee shall be appropriately reduced for each month of the calendar year (January 1 st through December 31 st) that shall have already expired at the time of such payment. Permits are not transferable and shall be automatically void if transferred to another person or vehicle. Term of the annual permit is from January lst to December 31St of same year. (b) Permit fees for properties with valid Parking Variance issued by the Planning Department shall be reduced by 25% (c) The number of annual permits will vary depending on the need of each residence, with the maximum being three (3). Ordinance No. 2182 Page 4 Section 22-175.5. Single Night Permits Single Night Permits are available for a passenger vehicle, recreational vehicle, van, or pickup truck whose primary purpose is to transport passengers for a non-commercial purpose as defined in Section 26-63 of this code. Permits can be obtained from an automatic permit machine and at a fee established by resolution of the City Council. Section 22-175.6. Revocation of Permits The Police Chief or his designee may revoke any permit granted pursuant to the provisions of this subchapter, without a refund of the fees paid, when the holder thereof abuses the privilege granted by a willful violation of the conditions under which the permit was granted. Any person who feels he/she is aggrieved by an arbitrary refusal of a permit or the revocation of a permit may appeal to the Police Chief or his designee for relief and a hearing. The decision of the Police Chief or his designee upon the appeal shall be final after the hearing. Section 22-175.7. Notice of Change of Address Whenever any person, after applying for the registration of a vehicle required to be registered under this code, or after obtaining registration either as owner or legal owner, moves or acquires a new address different from the address shown in the application or upon the certificate of ownership or registration card, such person shall, of his old and new address. Section 22-175.8. Administration within 10 days thereafter, notify the department The Police Chief and the Public Works Director are authorized to implement details of the provisions of this subchapter through administrative policies. SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law and it shall be effective thirty (30) days after its adoption. THIS ORDINANCE FAILED TO PASS on the 41h day of November 2008. A Mayor Sherri Lane ty 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 71h day of October 2008. That thereafter said Ordinance failed to pass at a regular meeting of the City Council on the 4th day of November 2008, by the following vote: AYES: None NOES: Herfert, Hernandez, Touhey, Lane ABSENT: Sanderson ABSTAIN: None City Clerk Itaurie Carri •o APPROVED AS TO FORM: 4�4 7�1'� s Ci Attorne Arno Alvarez-Glasman