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5384I ORDINANCE NO. 5384 AN ORDINANCE OF THE CITY OF ANAHEIM DELETING SECTION 1.01.391 OF CHAPTER 1.01 OF TITLE 1, ADDING SECTIONS 14.32.510, 14.32.520 AND 14.32.530 AND AMENDING VARIOUS SECTIONS OF CHAPTER 14.32, OF TITLE 14, OF THE ANAHEIM MUNICIPAL CODE IMPLEMENTING CIVIL PENALTIES FOR PARKING AND STANDING VIOLATIONS WHEREAS, California Vehicle Code Sections 40200 et seq, were amended in 1992 changing the method of collecting penalties for violation of state statutes and city ordinances governing the parking and standing of vehicles; and WHEREAS, said amendments provide that cities must collect all parking fines and that violation of any regulation, whether under the Vehicle Code or local ordinance governing parking or standing of vehicles is subject to a civil penalty and is no longer a criminal offense; and WHEREAS, the North Orange County Judicial District has advised the City of Anaheim that effective July 1, 1993, the Court will no longer accept parking citations from any issuing agency, including the California Highway Patrol, the Orange County Sheriff and Marshall; and WHEREAS, the City of Anaheim will be responsible for processing all parking and standing violations that occur within the City of Anaheim and establishing administrative procedures implementing this process by January 1, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 1.01.391 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code "CODE ENFORCEMENT - VEHICLE CODE SECTIONS 22500.1 AND 22514" be, and the same is hereby deleted from the Anaheim Municipal Code. SECTION 2. That Section 14.32.320 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: "14.32.320 CITATIONS FOR VIOLATION OF TITLE All police officers, police cadets, traffic control officers, Stadium and Convention Center security guards, City code enforcement officers or parking checkers employed by firms hired by the City of Anaheim to enforce parking regulations of the City of Anaheim are authorized to give citations to any and all i persons violating any of the provisions of this Anaheim Municipal Code title and any such citation shall be deemed to be a civil complaint charging violations of this title and requiring payment of the penalty set forth therein. Violations of this Section shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto." SECTION 3. That subsection 14.32.450.070 of Section 14.32.450 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.070 In addition to police officers, police cadets, traffic control officers and any other persons authorized by State law, persons employed by the City of Anaheim as security guards, who may be so designated, are hereby authorized and directed to issue citations to any and all persons violating any of the provisions of this section and such citation shall be deemed to be a civil complaint charging violations of this title and requiring payment of the penalty set forth therein. The method of giving notice of citation for unattended vehicles shall be as specified in Section 40202 of the California Vehicle Code or any successor provision thereto. Violations of this Section shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto." SECTION 4. That Section 14.32.500 of Chapter 14.32 of Title 24 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "14.32.500 PARKING RESTRICTED TO FACILITATE STREET SWEEPING Notwithstanding any other limitation on, or regulation concerning parking contained in this title to the contrary, it is unlawful to park or leave parked any vehicle on any street or portion thereof during the hours and on the day or days of the month indicated on signs containing the words "No Parking," which signs have been placed in appropriate locations designating said parking restrictions pursuant to the provisions of this section. "The Maintenance Director is hereby authorized to determine the locations of and to place and maintain, or caused to be placed and maintained, signs designating the hours during which, and day or days of - 2 - the month on which, parking is prohibited in order to permit City equipment to sweep. "All persons employed by the City of Anaheim as police officers, police cadets, traffic control officers and parking checkers, or by an entity or individual pursuant to a written contract with the City of Anaheim to enforce parking regulations, are authorized to give citations to any and all persons violating any of the provisions of this section and such parking citations shall be deemed to be a civil complaint charging violations of this section and requiring payment of the penalty set forth therein. Violations of this section shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto." SECTION 5. ENFORCEMENT OF CALIFORNIA VEHICLE CODE PARKING AND STANDING PROVISIONS. That Section 14.32.510 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby added to read as follows: 1114.32.510 ENFORCEMENT OF CALIFORNIA VEHICLE CODE PARKING AND STANDING PROVISIONS. "In addition to any other persons authorized by State law, and, except as otherwise provided in Section 14.32.520 and 14.32.530 of the Anaheim Municipal Code, only those persons employed by the City of Anaheim as police officers, police cadets and traffic control officers are hereby authorized and directed to issue citations to any and all persons violating any of the provisions of the California Vehicle Code relating to parking and standing of vehicles in the City of Anaheim, and any such citation shall be deemed to be a civil complaint charging violations of this title and requiring payment of the penalty set forth therein. The method of giving notice of citation for parking and standing violations of the California Vehicle Code shall be as specified in Section 40202 of the California Vehicle Code or any successor provision thereto. Violations of this Section shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto." - 3 - SECTION 6. ENFORCEMENT OF CALIFORNIA VEHICLE CODE SECTIONS 22500.1, AND 22514 That Section 14.32.520 is hereby added to Chapter 14.32 of Title 14 of the Anaheim Municipal Code to read as follows: "14.32.520 ENFORCEMENT OF CALIFORNIA VEHICLE CODE SECTIONS 22500.1 AND 22514 RE FIRE ZONES AND FIRE HYDRANTS "In addition to any other persons authorized by State law, all City of Anaheim police officers, police cadets, traffic control officers, the Fire Marshall of the City of Anaheim, his authorized deputies, all fire captains employed by the City of Anaheim, and all persons employed by the City of Anaheim as City code enforcement officers and Stadium and Convention Center security guards, are authorized to give citations to any and all persons violating the provisions of Sections 22500.1, and 22514 of the California Vehicle Code, or any successor provisions thereto, and any such citation shall be deemed to be a civil complaint charging violations of this Section and requiring payment of the penalty set forth therein. Violations of this section shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto." SECTION 7. ENFORCEMENT OF SECTION 22507.8(a,b) OF THE CALIFORNIA VEHICLE CODE RELATING TO HANDICAPPED PARKING That Section 14.32.530 is hereby added to Chapter 14.32 of Title 14 of the Anaheim Municipal Code to read as follows: "14.32.530 ENFORCEMENT OF 22507.8 (a,b) OF THE CALIFORNIA VEHICLE CODE RELATING TO HANDICAPPED PARKING "In addition to any other persons authorized by State law, all police officers, police cadets, traffic control officers, Stadium and Convention Center security guards, and parking checkers employed by firms hired by the City of Anaheim to enforce parking regulations are authorized to give citations to any and all persons violating California Vehicle Code Section Code Section 22507.8(a,b) relating to handicapped parking and any such citation shall be deemed to be a civil complaint charging violations of said Section 22507.8(a,b) and requiring payment of the penalty set forth therein. Violations of this Section shall be processed as civil penalties in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto." - 4 - I SECTION 8. That Section 14.32.550 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "14.32.550 PARKING PENALTIES FOR VIOLATIONS TO ANAHEIM MUNICIPAL CODE, CALIFORNIA VEHICLE CODE AND OTHER CODES AND STATUTES RELATING TO PARKING AND STANDING OF VEHICLES "Notwithstanding any other provision of this Code to the contrary, and in accordance with California Vehicle Code Sections 40200 et seq., or any successor provision thereto, civil penalties for violation of parking and standing of vehicles provisions of the Anaheim Municipal Code, the California Vehicle Code and other statutes or codes of the State or Federal Government relating to parking and standing of vehicles, including surcharges imposed by law, and penalties for unpaid parking penalty assessments shall be established by Resolution of the City Council. "Any surcharges imposed by law shall be added to the penalties established by or in accordance with this Section. "Additional penalties shall be added for all parking and standing penalty assessments due and unpaid within the time periods provided on the notice of parking violation, in accordance with California Vehicle Code Sections 40200, et seq., or any successor provision thereto. "Unpaid parking penalties shall be collected in accordance with Vehicle Code Section 40220, or any successor provision thereto." SECTION 9. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 10. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be - 5 - A construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day, of July , 1993. 1rJ%^' ("�' MAYOR OF THt CITY OF ANAHEIM ATTEST• CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5384 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of July, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of July, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5384 on the 21st day of July, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of July, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5384 and was published once in the Anaheim Bulletin on the 30th day of July, 1993. CITY CLERK OF THE CITY OF ANAHEIM