HomeMy WebLinkAboutCC Ord 1672 2019-05-13 ORDINANCE 1672
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING AND
RESTATING CHAPTERS 8.15, 8.20 AND 8.25 OF THE SEAL BEACH
MUNICIPAL CODE TO IMPOSE RESTRICTIONS ON STOPPING,
STANDING AND PARKING OF VEHICLES IN THE CITY, REGULATIONS
FOR PARKING IN CITY PARKING LOTS AND AMENDING THE
PROCESS FOR ADMINISTRATIVE APPEALS OF PARKING CITATIONS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose.
(a) The City of Seal Beach (the "City") is a charter city duly organized under
the constitution and the laws of the State of California.
(b) Pursuant to Vehicle Code Section 22507 and other applicable State laws,
the City Council is authorized to make and enforce additional restrictions on stopping,
standing and parking on the City.
(c) The restrictions adopted herein are intended to be consistent with, and in
addition to, the provisions of existing State law.
SECTION 2. Chapter 8.15 of the Seal Beach Municipal Code is hereby
amended and restated to read as follows
"Chapter 8.15 STOPPING, STANDING AND PARKING
8.15.005 Application of Chapter.
A. The provisions of this chapter prohibiting stopping, standing or parking of
a vehicle shall apply at all times herein specified except when it is necessary to stop a
vehicle to avoid conflict with other traffic or in compliance with the directions of a police
officer or official traffic control device.
B. The provisions of this chapter imposing a time limit on standing or parking
shall not relieve any person from the duty to observe other and more restrictive
provisions of the Vehicle Code or this code.
8.15.010 No Parking Areas.
A. General: It shall be unlawful for the driver of a vehicle to stop, park or
leave standing such vehicle whether attended or unattended, except when necessary to
avoid conflict with other traffic or in compliance with the direction of a police officer,
traffic officer, or traffic sign or signal:
1 In an intersection;
2 In a crosswalk;
3 Within a divisional island, unless authorized by signage or markings;
4 In such no parking or restricted parking areas as designated by the city;
5 In such no parking or restricted parking areas as may be defined, designated or
established by City Council resolution;
6 In violation of any provision of this Code or applicable State law;
7 On a sidewalk;
8 On any portion of the area extending from a roadway edge of the curb (or from the
highest point of a rolled curb) to the sidewalk;
9 In any area where stopping, standing or parking of vehicles is prohibited as
indicated by signs or by red paint upon the curb surface;
10 In any area where the stopping, standing or parking of the vehicle would block the
entrance to a garage or driveway. This provision shall not apply if the owner or occupant
thereof has granted permission, and
11 In the Surfside Colony in any area between the white lines where stopping,
standing or parking of the vehicle would constitute a hazard.
8.15.015 Stop Signs.
The traffic engineer shall erect and maintain a stop sign at each street
intersecting a through street or portion thereof, at the entrances of other intersections
where a stop is required and at railroad grade crossings where a stop is required.
8.15.020 Marking of Parking Spaces.
A. The traffic engineer may install and maintain parking space markings
adjacent to curbings to indicate where parking is permitted.
B. No vehicle shall be stopped, left standing or parked other than within a
single parking space.
8.15.025 Storage of Vehicles on Street or City Property.
A. For purposes of this section, the following locations are deemed to be
commercial areas:
1 . Main Street between Ocean Avenue and Pacific Coast Highway
2. Ocean Avenue between 8th Street and 10th Street
3. Central Avenue between 8th Street and 10th Street
4. Electric Avenue between 8th Street and 10th Street
5. Pacific Coast Highway
B. For purposes of this section, any location that is outside of a commercial area as
defined in Section A above, is deemed to be a non-commercial area.
C. No vehicle shall be parked or left standing on a street for seventy-two (72) or
more consecutive hours. Vehicles parked longer than 72 hours may be removed
from a City street.
D. Any vehicle in a commercial area that has not moved a minimum distance of 150
feet after 72 consecutive hours shall be deemed to have remained stationary.
E. Vehicles that remain stationary longer than 72 hours may be cited and removed
by the Police Department.
8.15.030 Vehicle Servicing on Street.
A. No person shall construct, repair or grease any vehicle or part thereof
upon a street. This provision does not apply to emergency repairs.
B. No person shall wash or polish any vehicle or part thereof upon a street.
8.15.035 Parking Adjacent to Schools.
The traffic engineer may erect signs to prohibit parking adjacent to school
property when deemed necessary to prevent traffic interference or the creation of a
hazard.
8.15.040 Parking on Narrow Streets.
The traffic engineer may place signs and markings to prohibit parking upon any
street having a roadway width less than 20 feet, or upon one side of any street having a
roadway width less than 30 feet.
8.15.045 Parking on Grades.
No person shall stop, leave standing or park any unattended vehicle on a street
having a grade exceeding 3% unless the wheels of such vehicle are blocked by turning
them against the curb or by other means.
8.15.050 Emergency Parking Signs.
The traffic engineer may place temporary signs to prohibit parking of vehicles on
streets and alleys during the holding of authorized parades or special events. Such
signs shall be promptly removed after the parade or special event.
8.15.055 Short Term Parking Zones.
The traffic engineer may designate short-term parking zones. Unless otherwise
permitted by signs, no person shall stop, stand or park a vehicle in a short term parking
zone between the hours designated by the traffic engineer on any day for longer than
the prescribed period. For purposes of this section, the term "short term parking zone"
means an area in which signs, parking meters or curb markings prescribe a short term
period for parking of vehicles.
Any vehicle that has not moved a distance of 150 feet in commercial areas
preceding the short-term parking time limit shall be deemed to have remained
stationary.
8.15.060 No Stopping Zones.
The traffic engineer may designate no stopping zones by placing and maintaining
appropriate signs.
8.15.065 Parking on City Property.
A. The traffic engineer may erect and maintain signs to restrict or prohibit the
driving or parking of vehicles on city property.
B. The City Council may by resolution determine fees and methods of
collection for the privilege of public parking on any street, municipal parking lot or other
city property. The City Council also may by resolution establish provisions for the
issuance of parking permits authorizing parking on any street or municipal parking lot
without payment of a fee, and appropriate regulations for parking on public property.
8.15.070 Curb Markings.
The traffic engineer shall utilize the following curb markings to indicate parking
regulations:
A. Red: no stopping, standing or parking at any time except as permitted by
the Vehicle Code, and except that a bus may stop in a red zone that is signed or
marked as a bus zone.
B. Yellow: no stopping, standing or parking during hours designated by
signage for any purpose other than loading or unloading of passengers or materials.
The period of active passenger loading and unloading shall not exceed 3 minutes, and
the period of materials loading and unloading shall not exceed 20 minutes.
C. White: no stopping, standing during posted hours for any purpose other
than loading or unloading of passengers, or depositing mail in an adjacent mailbox, for a
period of time not exceeding 3 minutes. When the zone is in front of a theater, the
restrictions shall apply only when the theater is open. When the zone is established at a
taxicab stand, taxicabs, rideshare vehicles and automobiles for hire may remain in the
zone for 20 minutes.
D. Green: no stopping, standing or parking between hours and on days
designated by City Council resolution for a period longer than the time indicated on the
curb unless otherwise indicated by signs or curb markings.
E. A licensed driver shall be present in or immediately adjacent to any
vehicle stopped for the purpose of active loading or unloading passengers or materials.
8.15.075 Loading Zones.
The traffic engineer may determine and mark loading zones as follows:
A. At any place in the central traffic district or any business district.
B. Elsewhere in front of the entrance to any place of business or in front of
any hall or place used for the purpose of public assembly.
C. In no event shall more than half of the total curb length in any block be
reserved for loading zone purposes.
8.15.080 Parking in Alley.
A. No person shall stop, stand or park a vehicle in an alley for any purpose
other than the loading or unloading of freight or passengers.
B. No person shall stop, stand or park a vehicle in an alley in a manner that
blocks the entrance to a garage.
8.15.085 Parking of Oversize Vehicles.
A. Definitions. For the purpose of this section, the following words and
phrases shall mean:
1 . Nonmotorized Vehicle: a trailer, camp trailer, semi-trailer or trailer coach
as defined in the Vehicle Code.
2. Oversize Vehicle: a vehicle or combination of vehicles that exceeds 20
feet in length or 90 inches in width exclusive of projecting lights or devices as allowed
by Vehicle Code Sections 35109 and 35110. "Oversize vehicle" does not include a
sedan or limousine manufactured expressly for carrying 10 or fewer passengers.
B. Prohibitions.
1 . No person shall park or leave standing an oversize vehicle upon any
street between 2:00 a.m. and 5:00 a.m.
2. No person shall park or leave standing upon any street a non-motorized
vehicle that has been detached from its motor vehicle.
3. No person shall park or leave standing an oversize vehicle in any City parking
lot.
C. Exemptions.
1 . Subsection B of this section does not apply to the following:
a. Commercial vehicles making pick ups or deliveries of goods, wares or
merchandise.
b. Vehicles displaying a valid permit issued by the chief of police.
2. Paragraph 2 of subsection B of this section does not apply to vehicles
being loaded or unloaded, or it eme,gency repairs are being made to the vehicle or to
an adjacent property.
D. Permits. The chief of police or designee may issue temporary permits for
the overnight parking of an oversize vehicle or non-motorized vehicle upon making the
following findings:
1 . The proposed parking will not constitute a hazard.
2. The proposed parking is necessary due to special circumstances. For
purposes of this provision, "special circumstances" includes without limitation:
a. The vehicle belongs to a house guest temporarily residing in the city. A
permit issued based on this circumstance shall not be valid longer than 14 days.
b. The vehicle is newly purchased and a permanent parking place is being
arranged. A permit issued based on this circumstance shall not be valid longer than 14
days.
c. The vehicle belongs to a new resident and a permanent parking place is
being arranged. A permit issued based on this circumstance shall not be valid longer
than 14 days.
d. The vehicle is used on a daily basis for work and on-premises parking is
not reasonably possible. A permit issued based on this circumstance shall not be valid
longer than 6 months.
e. The proposed parking is necessary for loading or unloading. A permit
issued based on this circumstance shall not be valid longer than one day.
E. Appeals. Decisions involving the permit provided for in this section shall
be subject to the administrative review procedure of Chapter 1 .20 of this code. The city
manager or designee shall be hearing officer for the purpose of such procedure, and the
decision of the hearing officer shall be final and not subject to further administrative or
City appeal.
8.15.090 Truck Parking.
A. Prohibitions. No person shall park any commercial vehicle, truck, trailer
or truck-trailer combination that exceeds a width of 80 inches on any street for a period
longer than 2 hours.
B. Exemptions. Subsection A of this section does not apply to vehicles
displaying a valid permit issued by the chief of police.
C. Permits. The chief of police or designee may issue temporary permits for
the parking on a street of a commercial vehicle, truck, trailer or truck-trailer combination
that exceeds a width of 80 inches upon making the following findings:
1 . The proposed parking will not adversely affect the subject neighborhood.
2. The proposed parking is necessary due to special circumstances. For
purposes of this provision, "special circumstances" means either:
a. The vehicle is immobile due to accident or mechanical failure.
b. The vehicle is being loaded or unloaded and such work requires more
than 2 hours to complete.
c. The vehicle is necessary for the performance of a service at an adjacent
property and such work requires more than 2 hours to complete.
D. Appeals. Decisions involving the permit provided for in this section shall
be subject to the administrative review procedure of Chapter 1 .20 of this code. The city
manager or designee shall be hearing officer for the purpose of such procedure, and the
decision of the hearing officer shall be final and not subject to further administrative or
City appeal.
8.15.095 Taxicab and Rideshare Vehicle Stands.
A. Rideshare. For the purpose of this Chapter a rideshare is defined as a
vehicle that provides prearranged transportation services for compensation through an
Internet-enabled application or digital platform to connect passengers with drivers of
vehicles for hire.
B. The traffic engineer may determine locations for active passenger loading and
unloading for taxicabs, rideshare vehicles or other automobiles identified as "for hire."
The curb surface shall be designated by appropriate signage. When such a loading and
unloading zone is designated, taxicabs, rideshare vehicles and other automobiles shall
not stop or stand for the purpose of loading or unloading passengers in another location
within a one (1) City block of such designated location.
C. No person shall stop, stand or park a vehicle other than a taxicab,
rideshare vehicle or automobiles identified as "for hire" in a taxicab stand or designated
loading and unloading zone.
8.15.100 Surfside Colony Fire Hydrants.
A. No person shall stop, leave standing or park a vehicle within 15 feet of the
main fire hydrants located within the Surfside Colony at Phillips Avenue and A Row, and
Phillips Avenue and C Row, except when the vehicle is attended in the front seat by a
licensed driver capable of immediately moving the vehicle.
B. No person shall stop, leave standing or park a vehicle within 10 feet of any
other fire hydrant within the Surfside Colony unless the vehicle is attended in the front
seat by a licensed driver capable of immediately moving the vehicle.
8.15.105 Parking Meters and Zones.
A. Parking meter zones are hereby established at the off-street municipal
parking lots and along Main Street, Ocean Avenue, Central Avenue and Electric Avenue
as delineated on the "City of Seal Beach Parking Meter Zone Map" dated September
23, 2002. Such map is incorporated herein by reference. The city manager or the
designee thereof shall cause parking meters to be installed and maintained in all
parking meter zones.
B. The payment to be deposited in parking meters or multispace meters, or by
other approved methods of payment, the parking time allowed following deposit of
payment, the hours during which such deposits are required, and the days of the week
and the weeks of the year during which such deposits are required for paid parking in all
zones shall be prescribed by City Council resolution.
C. Parking meters in the parking meter zones shall be operated according to the
posted signs. The parking meter fees for parking meter zones shall be prescribed by
City Council resolution.
B. The payment to be deposited in parking meters or multispace meters, or
by other approved methods of payment, the parking time allowed following deposit of
payment, the hours during which such deposits are required, and the days of the week
and the weeks of the year during which such deposits are required for parking meters in
all zones shall be prescribed by City Council resolution.
C. Parking meters in the parking meter zones shall be operated according to
the posted signs. The parking meter fees for parking meter zones shall be prescribed by
City Council resolution.
D. No person shall do any of the following:
1 . Fail to deposit the parking meter fee immediately after parking a vehicle in
a parking meter zone and for the entire time that person has a vehicle parked in the
parking meter zone during the parking meter hours of operation.
2. Deposit in a parking meter a defaced coin or slug.
3. Deface, injure, or tamper with a parking meter.
4. Attach a bicycle, newsrack, fabric, handbill, flier, sticker, note, or other
article to a parking meter.
5. Allow a vehicle owned or operated by such person to remain parked at a
paid parking space beyond the expired time.
6. Park a vehicle across a line or marking designating a parking meter
space.
7. Park a vehicle that does not conform to the maximum vehicle length limit
applicable to the lot.
8. Allow a vehicle parked by such person to remain in a parking meter space
after receipt of a citation for failure to pay the parking meter fee. A violation of this
provision shall occur after passage, from the issuance of the citation, of the parking time
limit of the lot.
9. Purchase time for paid parking using any method of payment for the
purpose of increasing or extending the parking time of any vehicle beyond the legal
parking time which has been established for the parking space or zone adjacent to
which said parking meter is placed.
E. The parking of a vehicle at a paid parking space beyond the expired
payment time shall constitute prima facie evidence that the vehicle has been parked in
such space longer than permitted by this section.
F. Mechanical failure of a parking meter shall be a defense to a citation for
failure to pay the parking meter fee, provided that the person cited is not responsible for
such failure.
8.15.110 Parking Permits.
A. The City Manager or designee shall be authorized and directed to issue,
upon written applications, parking permits. Each such permit shall be designated by City
Council resolution to reflect the particular parking permit parking district as well as the
license plate number of the motor vehicle for which it is issued. Consistent with this
chapter, the City Manager or designee is authorized to issue such written rules and
regulations as he/she deems necessary or appropriate to govern the process and terms
for the issuance of parking permits. Rules and regulations shall be available for public
review at City Hall and at the Police Department during normal business hours. This
title is subject to the following restrictions:
1 . On Main Street, Ocean Avenue from Eighth Street to Tenth Street, and
Central Avenue from Eighth Street to Tenth Street, residential parking permits may
allow 2-hour parking.
2. In the municipal parking lots on Main Street, residential parking permits
may allow parking between the hours of 12:00 a.m. and 6:00 a.m.
3. In the Eighth Street city employee parking lot south of Central Avenue,
residential parking permits may allow parking between the hours of 12:00 a.m. and 6:00
a.m.
4. In the Library Lot, parking permits may allow residential parking between
the hours of 12:00 a.m. and 6:00 a.m.
B. Parking permits may be issued in the following categories:
1. Residential Parking Permit: Any city resident may purchase a residential
parking permit. Applicants shall submit their name, address, proof of residence and the
make, model and license number of each vehicle. Permits shall be displayed or
validated as directed by the city.
2. Guest Parking Permit: Any city resident may purchase guest parking
permits. Applicants shall submit their name, address and proof of residence. Permits
shall be displayed or validated as designated by the city. Permits shall be valid within
timeframes designated by the city.
3. Merchant/Employee Parking Permit: Any merchant or employee working
within the Old Town area may purchase a merchant/employee parking permit.
Applicants shall submit their name, business address, proof of employment and the
make, model and license number of the vehicle. Permits shall be displayed or validated
as directed by the city. This permit shall be valid for parking on certain streets or
parking lots as designated by the city.
C. Parking permits shall be valid within timeframes designated by the city or
until a change of ownership of the vehicle for which it is issued, whichever comes first.
D. A parking permit shall be destroyed by the permittee upon a change in
ownership of the vehicle for which it issued or a change in address by the permittee.
The permittee shall promptly report such destruction to the city.
E. Parking permit fees shall be as set by City Council resolution.
F. The following acts shall constitute fraudulent use of a permit punishable by
a fine to be prescribed by City Council resolution and/or revocation of any permit
currently held:
1 . For any person to falsely represent himself or herself as eligible for a
residential parking permit or to furnish false information in an application therefor;
2. For any person holding a valid residential parking permit issued pursuant
hereto to permit use or display of or to use or display such permit on a motor vehicle
other than that for which the permit was issued;
3. For any person to copy, reproduce or otherwise bring into existence a
facsimile or counterfeit parking permit or permits;
4. For any person to knowingly use or display a facsimile or counterfeit
parking permit in order to evade time limitations on parking applicable in a residential
parking permit area;
5. For any person holding a valid parking permit issued pursuant hereto to
sell, give or exchange said permit to any other person.
8.15.115 Diagonal Parking Zones.
A. On any of the streets or portions of streets established by City Council
resolution as diagonal parking zones, when signs or pavement markings are in place
indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to
park such vehicle in a manner that interferes with vehicles traveling in the driving lane or
to park any vehicle except:
1 . To park a vehicle in any orientation other than at the angle to the curb or
edge of the roadway indicated by signs or markings, or in any paid parking space in any
orientation other than with the front of the vehicle closest to the Parking Meter or curb,
unless the space is expressly designated for "back in only" Parking.
2. With the front wheel nearest the curb within 6 inches of such curb.
B. The provisions of this section shall not apply when such vehicle is actually
engaged in the process of loading or unloading passengers, freight or goods, in which
event the other applicable provisions of this chapter shall be complied with.
8.15.120 Re-parking restrictions in timed parking zones.
On-street parking on a city street. A vehicle will be deemed to have been
stopped, parked or left standing for longer than the time allowed in this section, if it has
not been moved at least 150 feet in commercial areas following the expiration of the
posted time limit in a timed parking zone. A vehicle may not re-park sooner than a
"timeout period" (equal to double the posted time limit) following the time at which a
vehicle was initially parked.
8.15.125 Obstruction of Enforcement.
No person shall obstruct the enforcement of this Chapter by any officer or employee of
the City by removing, obliterating or concealing any distinguishing mark placed by any
such officer or employee on any vehicle in the course of enforcing any provision of this
Chapter."
SECTION 3. Chapter 8.20 of the Seal Beach Municipal Code is hereby
amended and restated to read as follows
"Chapter 8.20 MOTOR VEHICLE PARKING LOTS
8.20.005 Damaging Equipment Prohibited.
No person shall damage any device or equipment including, without limitation
control gates, pay stations, signs, and parking meters, used in the operation of a motor
vehicle parking lot.
8.20.010 Parking Without Payment Prohibited.
A. No person shall drive a motor vehicle into a motor vehicle parking lot
without payment of a required entrance fee.
B. No person shall park a motor vehicle in a motor vehicle parking lot without
payment of a required parking fee.
C. No person shall park a motor vehicle in a motor vehicle parking lot without
a valid parking permit properly displayed or validated as directed by the City.
8.20.15 Head in Parking Only.
Vehicles shall be parked with the rear of the vehicle oriented closest to the traffic lane
and within the space indicated unless otherwise specified by signage.
8.20.020 Sunset Aquatic Park Parking Restriction.
A. No person shall park any vehicle within Sunset Aquatic Park between
10:00 p.m. and 6:00 a.m., unless the vehicle contains a properly displayed valid parking
permit, issued by the operator of the Sunset Aquatic Park. Such permit shall be
displayed or validated as directed by the City.
B. No person shall park a camper, recreational vehicle or vehicle and boat
combination at any time_within Sunset Aquatic Park.
8.20.025 Electric Vehicle Parking Stalls.
Each electric vehicle parking stall wili be clearly marked with signage. When so
marked, it is unlawful to park in a designated electric vehicle charging station parking
stall unless the vehicle is actively charging."
SECTION 3. Section 8.25.020 of Chapter 8.25 of the Seal Beach Municipal
Code is hereby amended to read as follows
"8.25.020 Citation Process.
Parking citations shall be issued in accordance with the following procedures:
A. If a vehicle is unattended during the time of the violation, the issuing officer
shall securely attach to the vehicle a parking citation setting forth the violation, including
reference to the section of the Vehicle Code, Public Resources Code or this code, or
the federal statute or regulation, that has been violated; the date; the approximate time
of the violation; the location of the violation; a statement indicating that payment is
required to be made not later than 21 days from the date of the citation issuance; and
the procedure for the registered owner or operator to deposit the parking penalty or
contest the citation. The parking citation shall also set forth the vehicle license number
and registration expiration date if they are visible; the last 4 digits of the vehicle
identification number if they are readable through the windshield; the color of the
vehicle; and, if possible, the make of the vehicle.
B. The parking citation shall be accompanied by a written notice of: the parking
penalty amount due for that violation; the address of the person authorized to receive a
deposit of the parking penalty; a statement in bold print that payment of the parking
penalty for the parking violation may be sent through the mail; and instructions on
obtaining information on the procedures to contest the citation.
C. The parking citation shall be served by attaching it to the vehicle either under
the windshield wiper or in another conspicuous place upon the vehicle so as to be easily
observed by the person in charge of the vehicle upon the return of that person.
D. Once the parking citation is prepared and attached to the vehicle, the issuing
officer shall file the citation with the processing agency.
E. If, during the issuance of the parking citation, without regard to whether the
vehicle was initially attended or unattended, the vehicle is driven away prior to
attachment of the citation to the vehicle, the issuing officer shall file the citation with the
processing agency. The processing agency shall mail a copy of the citation to the
registered owner.
F. If, within 21 days after the parking citation is attached to the vehicle, the
issuing officer or the issuing agency determines that, in the interest of justice, the
citation should be cancelled, the issuing agency shall notify the processing agency to
cancel the citation. The reason for the cancellation shall be set forth in writing.
G. If, after a copy of the parking citation is attached to the vehicle, the issuing
officer determines that there is incorrect data on the citation, including without limitation
the date or time, the issuing officer may indicate in writing on a form attached to the
original citation, the necessary correction to allow for the timely entry of the citation on
the processing agency's data system. A copy of the correction shall be mailed to the
registered owner of the vehicle.
SECTION 4. Section 8.25.035 of Chapter 8.25 of the Seal Beach Municipal
Code is hereby amended to read as follows
"8.25.035 Copies of Citation.
The processing agency shall mail or otherwise provide to the registered owner,
or the registered owner's agent, a copy of the original parking citation. The fee for such
copy shall be in amount set by City Council resolution. Until the issuing agency or
processing agency complies with a request to provide a copy of the parking citation, the
processing agency may not proceed pursuant to Vehicle Code Sections 22651(i),
22651 .7 or 40220."
SECTION 5. Section 8.25.050 of Chapter 8.25 of the Seal Beach Municipal
Code is hereby amended to read as follows
"8.25.050 Review Process.
A. Initial Review. For a period of 21 days from the issuance of a parking
citation, or 14 days from the mailing of a notice of delinquent parking citation, a person
may request an initial review of the citation or the notice by the issuing agency. The
request for initial review may be made by telephone, in writing or in person and there
shall be no charge for the initial review. If, following the initial review, the issuing agency
is satisfied that the violation did not occur, that the registered owner was not responsible
for the violation, or that extenuating circumstances make dismissal of the citation
appropriate in the interests of justice, then the issuing agency shall cancel the parking
citation or the notice of delinquent parking citation. The issuing agency shall advise the
processing agency of the cancellation. Either the issuing agency or the processing
agency shall mail the results of the initial review to the contestant.
B. Administrative Hearing—In General. If a contestant is dissatisfied with the
results of the initial review, such person may request an administrative hearing on the
violation no later than 21 days following the mailing of the results of the initial review.
The request may be made by telephone, in writing or in person. Before the expiration of
the period for requesting an administrative hearing, the contestant shall deposit with the
processing agency the amount of the parking penalty and shall file, on a processing
agency issued form, a written explanation of the grounds for appeal. The processing
agency may waive the deposit requirement upon satisfactory proof by the contestant of
an inability to pay the parking penalty due. The administrative hearing shall be held
within 90 days of the hearing request; provided, however, that the contestant may
request one continuance, not to exceed 21 days.
C. Administrative Hearing—Elements.
1 . The contestant shall have the choice of an administrative hearing by mail or in
person. An in-person hearing shall be conducted within the city.
2. If the contestant is a minor, such person may appear at an administrative
hearing or admit responsibility for the parking violation without the necessity of the
appointment of a guardian. The processing agency may proceed against the minor in
the same manner as against an adult.
3. The administrative hearing shall be conducted in accordance with written
procedures established by the issuing agency and approved by the city manager. The
I
I
hearing shall provide an independent, objective, fair and impartial review of contested
parking violations.
4. The issuing officer is not required to participate in the administrative hearing.
The issuing agency is not required to produce any evidence other than the parking
citation, or copy thereof, and information received from the department identifying the
registered owner of the vehicle. The documentation in proper form shall be prima facie
evidence of the violation.
5. The hearing examiner's decision following the administrative hearing may be
personally delivered to the contestant or sent by first-class mail.
6. Upon determining that a contestant has committed the violation, the hearing
examiner may, consistent with the issuing agency's guidelines, allow payment
of the parking penalty in installments. Alternatively, the issuing agency may
allow for deferred payment or payment in installments if the contestant
provides satisfactory evidence of inability to pay the parking penalty in full. If
authorized by City Council resolution, the hearing examiner may permit the
performance of community service in lieu of payment of a parking penalty."
11 .4.05.035 Automobile Service Station
Requirements for the establishment, reconstruction, and operation of automobile
service stations shall be subject to the following criteria and standards:
22. Vehicle Parking.
a. Outside storage of motor vehicles is prohibited. For the purpose of this
section, outside storage shall mean the parking of a motor vehicle in an
unenclosed area of the service station for longer than 24 hours, unless the
vehicle is in the process of being serviced, in which case it may be parked for a
maximum period of 72 hours.
b. Vehicles shall not be parked on alleys, driveways, parkways, or
sidewalks.
c. Vehicles shall not be parked on the premises for the purpose of offering
same for sale.
d. Parking shall be located and screened to minimize visibility of parked
vehicles from adjoining public rights-of-way.
e. Vehicles shall not be parked on any public street or public right of way in
a commercial area for a period greater than 72 hours and must abide by all
posted rules and regulations.
f. Vehicles shall not be parked on any public street in a noncommercial
area.
PASSED, APPROVED AND ADOPTED by the Seai Beach City Council at a regular
meeting held on the 13th day of May_, 2019.
Thomas Moore, Mayor
ATTEST:
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Gloria D. Harpe' ity Clerk'f,�,',.,."clo ,gam=,o;
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on the
22nd day of April , 2019 and was passed, approved and adopted by the City Council
at a regular meeting held on the 13th day of May , 2019 by the following vote:
AYES: Council Members: Moore, Sustarsic, Kalmick, Varipapa, Massa-Lavitt
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
And do hereby further certify that Ordinance 1672 has been published pursuant to the
Sear.Beach Ci Charter and Resolution 6900.
Gldria D. Harperrty Clerk