ORDINANCE NO. 7,601 N.S.

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1 Page 1 of 12 ORDINANCE NO. 7,601 N.S. AMENDING BERKELEY MUNICIPAL CODE CHAPTER 6.24 MUNICIPAL OFF-STREET PARKING LOTS AND ADDING OF VEHICLES AND TRAFFIC FOR ELECTRIC VEHICLE PARKING BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That Berkeley Municipal Code Chapter 6.24 is amended to read as follows: Chapter 6.24 MUNICIPAL OFF-STREET PARKING FACILITIES* Sections: Established--Provisions applicable Definitions of words and phrases Parking--Method of control and regulation Meters and Pay-and-Display Stations--Manner of installation Meters and Pay-and-Display Stations--Operational procedure Meters and Pay-and-Display Stations--Hours and days of operation Use of money deposited in Parking Meters and Pay-and-Display Stations Parking--Time limits generally Improper use of meter and Pay-and-Display Station Meters and Pay-and-Display Stations--Payment by unauthorized person prohibited Unlawful to extend time beyond limit No Pay-and-Display dispensing machine ticket displayed Improperly displayed Pay-and-Display dispensing machine ticket Unlawful to Park after meter and/or Pay-and-Display Station time has expired Time limits enforced at inoperable meters and/or Pay-and-Display Stations Parking--Payment of charges or display of ticket required when Meters and parking meter standards--use for certain purposes prohibited Parking--Procedures generally--spaces to be marked Designation of locations for vehicle-sharing pods in City parking facilities Designation of and restrictions for electric vehicle parking spaces Parking--Parallel or diagonal--requirements Entrance and exit restrictions Speed of vehicles Weight of vehicles Length of vehicles Trailers prohibited Removal of vehicles authorized when Violation--Citation issuance authorized when. Ordinance No. 7,601-N.S. Page 1 of 12

2 Page 2 of Violation--Prima facie presumption of ownership Violation--Penalty. *For vehicles and parking generally, see Title 14 of this code. Section Established--Provisions applicable. Municipal off-street parking facilities are established in the City, and all of the provisions of this chapter shall be applicable thereto. Such off-street parking lots and garages are those areas so designated by resolution of the City Council. Section Definitions of words and phrases. The following words and phrases when used in this Chapter shall for the purpose of this Chapter have the meanings respectively ascribed to them in this section. A. "Parking meter" means a mechanical device installed within or upon the curb, sidewalk, or surface area immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle. B. "Pay-and-display station" means an electronic pay station installed within or upon the curb, sidewalk or surface area of a municipal parking lot for the purpose of controlling the period of occupancy of such pay-and-display space by any vehicle. C. "Pay-and-display station dispensing machine ticket" means a parking ticket receipt dispensed from a pay-and-display station that when displayed properly on a vehicle dashboard authorizes the legal parking of said vehicle for the time period indicated on the dispensing machine ticket. D. Electric vehicle (EV) means any vehicle that operates, either partially or exclusively, on electrical energy from an off-board source that is stored on-board for motive purpose. E. Electric vehicle supply equipment (EVSE) means a unit of fueling infrastructure that supplies electric energy for the recharging of electric vehicles, such as plug-in electric vehicles, including electric cars, neighborhood electric vehicles, and plug-in hybrids. EVSE is also referred to as EV charging station unit and EV charging infrastructure. F. Charging event means an EV is plugged into the EVSE and in the process of charging. G. Electric vehicle charging station means a parking stall dedicated to active charging events. Section Parking--Method of control and regulation. The method of regulation and control of parking or standing of vehicles in municipal offstreet parking facilities shall be determined by the City Council, and may be by parking Ordinance No. 7,601-N.S. Page 2 of 12

3 Page 3 of 12 meters, pay-and-display stations, automated entry/exit gates, attendants, or any other appropriate means. On those municipal off-street parking facilities that are to be controlled by parking meters or pay-and-display stations, the City traffic engineer shall cause parking meters and/or pay-and-display stations to be installed and maintained. The City Traffic Engineer, is authorized to designate spaces in off-street public parking facilities for the exclusive parking of electric vehicles that are connected to electric vehicle charging stations for the purpose of transfer of electricity to the battery or other energy storage device of an electric vehicle. Upon designation of a parking space or spaces for the exclusive use of electric vehicles, the Public Works department shall place signs or markings giving adequate notice that the parking space or spaces are restricted and to be used only for such electric vehicles. The signs or markings shall be in compliance with California Vehicle Code indicating that vehicles left standing in violation of the restriction may be removed. The parking restriction shall not apply to the designated parking spaces until the sign or markings have been placed. Section Meters and Pay-and-Display Stations--Manner of installation. A. Single Space Meters. 1. Parking meters shall be installed upon the curb, sidewalk, or parking surface areas immediately adjacent to each parking space. Each meter shall be placed in such a manner as to show or display by a sign or signal that the parking space adjacent thereto is or is not legally in use. Each parking meter shall indicate the limit of parking time in the parking space adjacent to the parking meter. 2. Each parking meter shall be set to display, after the operational procedure has been completed, a sign or signal indicating legal parking for that period of time conforming to the limit of parking time as indicated on the meter, and shall continue to operate from the time of the completion of the operational procedure until the expiration of the time fixed as the parking limit or a portion thereof for the part of the lot upon which the said meter is placed. Each said meter shall also be arranged that upon the expiration of said legal parking time it will indicate by a proper signal that the lawful parking period has expired. B. Pay-and-display stations. 1. Pay-and-display stations shall be installed upon the curb, sidewalk, or surface area within any designated off-street municipal lot. Each pay-and-display station shall indicate the limit of parking time in that particular designated lot. 2. Each pay-and-display station shall be set to dispense, after the operational procedure has been completed, a two-part dispensing machine ticket indicating legal parking for that period of time conforming to the limit of parking time indicated on the pay-and-display station or indicated by signage. Section Meters and Pay-and-Display Stations--Operational procedure. Ordinance No. 7,601-N.S. Page 3 of 12

4 Page 4 of 12 A. Single space meters. Immediately after occupancy of a parking space, the operator of a vehicle shall, if necessary, deposit a coin of the United States in said parking meter in accordance with the instructions posted on the face of the meter. B. Pay-and-display stations. 1. Immediately after occupancy of a pay-and-display station space, the operator of the vehicle shall locate the nearest pay-and-display station in the lot and deposit a coin of the United States, or use a credit or debit card acceptable to the City and if necessary make selections in accordance with the instructions posted on the face of the pay-and-display station. 2. Upon obtaining the printed dispensing machine ticket from the pay-and-display station, the operator of the vehicle shall return immediately to their vehicle and place the dispensing machine ticket face-up on the vehicle dashboard in such a manner that the expiration time and date are readily visible from the exterior. 3. It is unlawful for the operator of the vehicle to use the pay-and-display dispensing machine ticket in any other parking location except within the lot where originally purchased. Section Meters and Pay-and-Display Stations--Hours and days of operation. The provisions of this chapter relating to the operation of parking meters and pay-anddisplay stations on municipal off-street parking facilities shall be effective during the hours and on the days established by resolution of the City Council and as so designated by appropriate markings or signs. Section Use of money deposited in Parking Meters and Pay-and-Display Stations. Except as permitted under subsection G of this section, all moneys collected from parking meters and pay-and-display stations used on municipal off-street parking facilities shall be placed in a special fund, which fund shall be devoted exclusively to the following purposes: A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing of parking meters in the City, and for the payment of any and all expenses relating or incidental thereto; B. For the purchasing, leasing, acquiring, improving, operating and maintaining of offstreet parking facilities in the City; C. For the installation and maintenance of traffic control devices and signals; D. For the painting and marking of streets and curbs required for the direction of traffic and the parking of motor vehicles; Ordinance No. 7,601-N.S. Page 4 of 12

5 Page 5 of 12 E. For the proper regulation, control and inspection of parking and traffic upon the public streets; F. To be pledged as security for the payment of principal of and interest on off-street parking revenue bonds issued by the City; G. Surplus money not utilized under subsections A through F of this section may be transferred to the General Fund. The City Manager or his or her designee may make an annual determination as to what is surplus based on the needs and obligations of the special fund and transfer such surplus to the General Fund. Section Parking--Time limits generally. The limit of parking time and the days and hours during which parking time limits shall apply on municipal off-street parking facilities shall be established by resolution of the City Council. When appropriate signs or markings designating such parking time limits are in place giving notice thereof, it is unlawful for the operator of any vehicle to stop, stand or park said vehicle on any municipal off-street parking lot for longer than the permitted time. Section Improper use of meter and Pay-and-Display Station. It is unlawful to deposit or cause to be deposited in any parking meter or pay-and-display station any defaced or bent coin, or any slug, device or metallic substitute for a coin of the United States, or to otherwise use any card or other device in a parking meter or payand-display station having alternative payment capability in lieu of a card or device lawful and appropriate to an alternative payment process at such parking meter or pay-anddisplay station, for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter. Section Meters and Pay-and-Display Stations--Payment by unauthorized person prohibited. A. Single space meter. It is unlawful for any person, other than the owner or operator of a vehicle, to deposit any coin in any parking meter without the knowledge or consent of said owner or operator of the vehicle using the parking space. B. Pay-and-display stations. It is unlawful for any person, other than the owner or operator of a vehicle, to deposit any coin, or use a credit or debit card acceptable to the City in any pay-and-display station without the knowledge or consent of said owner or operator of the vehicle using the parking space. Section Unlawful to extend time beyond limit. A. Single space meter. It is unlawful and a violation of the provisions of this chapter for any person to follow the operational procedure or any part of the operational procedure for the purpose of increasing or extending the parking time of any vehicle beyond the Ordinance No. 7,601-N.S. Page 5 of 12

6 Page 6 of 12 legal parking time which has been established for the parking space adjacent to which said parking meter is placed. B. Pay-and-display station. It is unlawful and a violation of the provisions of this chapter for any person to follow the operational procedure or any part of the operational procedure 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 which is indicated on the pay-and-display station dispensing machine ticket. Section No Pay-and-Display dispensing machine ticket displayed. A motor vehicle on which is properly displayed a valid pay-and-display dispensing machine ticket as provided for herein shall be permitted to stand or to be parked in the municipal off-street parking lot for which the dispensing machine ticket has been issued for the period of time indicated on the dispensing machine ticket without being subject to parking penalties in effect for such municipal off-street parking lot. However, any motor vehicle on which there is not displayed a valid dispensing machine ticket as provided herein shall be subject to parking regulations and consequent penalties in effect for such municipal off-street parking lot. Section Improperly displayed Pay-and-Display dispensing machine ticket. A motor vehicle on which pay-and-display dispensing machine ticket is not properly displayed as provided herein shall be subjected to parking regulations and consequent penalties in effect for such municipal off-street parking lot. Section Unlawful to Park after meter and/or Pay-and-Display Station time has expired. A. Single space meter. It is unlawful for the operator of any vehicle to permit said vehicle to remain parked in any parking space during any time that an operable meter is showing a signal indicating that such space is illegally in use, such as where the time has expired, other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking. B. Pay-and-display station. It is unlawful for the operator of any vehicle to permit said vehicle to remain parked in any parking space during any time that a pay-and-display station dispensing machine ticket is indicating that such space is illegally in use, such as where the time has expired, other than such time immediately after the original occupancy as is necessary to obtain a receipt from the pay-and-display station and to place said dispensing machine ticket face up on the vehicle dashboard to show legal parking. Section Time limits enforced at inoperable meters and/or Pay-and-Display Stations. A. Single space meters. Where parking meters are installed in the City off-street municipal facilities, if the parking meter is inoperable for any reason, the time limits posted on the parking meter shall be enforced during the hours of operation of the parking meters. Ordinance No. 7,601-N.S. Page 6 of 12

7 Page 7 of 12 B. Pay-and-display stations. 1. Where pay-and-display stations are installed in the municipal off-street parking facilities, if the pay-and-display station is inoperable for any reason, the person seeking to purchase a dispensing machine ticket must locate a functional pay-and-display station within the lot in which they are parked. 2. If all pay-and-display stations within the municipal off-street parking lot in which they are parked are inoperable for any reason, the time limits posted on the pay-and-display station in the lot in which the vehicle is parked, or indicated by the signage shall be enforced during the hours of operation of the pay-and-display stations. Section Parking--Payment of charges or display of ticket required when. When parking on a municipal off-street parking lot is regulated and controlled by parking attendants or parking ticket dispensers, it is unlawful and a violation of the provisions of this chapter for the operator of any vehicle parked on such municipal off-street parking lot to fail, neglect or refuse to pay the parking charges established for such municipal offstreet parking lot or to fail, neglect or refuse to purchase the required parking ticket from the parking ticket dispenser or to display such parking ticket in the manner specified on said ticket. Section Meters and parking meter standards--use for certain purposes prohibited. A. Single space meters. It is unlawful for any person to attach anything to or allow a bicycle, newsrack or any other article or thing to lean against a parking meter or a parking meter standard. B. Pay-and-display stations. It is unlawful for any person to attach anything to or allow a bicycle, newsrack or any other article or thing to lean against a pay-and-display station unit or a pay-and-display station standard. Section Parking--Procedures generally--spaces to be marked. Parking spaces on municipal off-street parking facilities shall be designated by lines or other appropriate markings. When parking spaces are so designated, it is unlawful for the operator of any vehicle to stop, stand or park said vehicle other than in a regularly designated parking space, across any such line or marking, or in such position that said vehicle shall not be entirely within the area so designated as a parking space. No vehicle shall be parked, stopped nor shall stand either wholly or partially in any driveway of any municipal off-street parking lot or in any manner which shall obstruct or interfere with the free movement of vehicles in such driveway or in any manner so as to obstruct or otherwise prevent or interfere with ingress to or egress from any regularly designated parking space. Section Designation of locations for vehicle-sharing pods in City parking facilities. Ordinance No. 7,601-N.S. Page 7 of 12

8 Page 8 of 12 The City Manager may designate locations for vehicle-sharing pods in municipal off-street parking facilities. The Traffic Engineer is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to implement this section. Section Designation of and restrictions for electric vehicle parking spaces. A. Designation of Parking Spaces. The City Traffic Engineer, is authorized in accordance with the purposes of this chapter to designate spaces in off-street public parking facilities for the exclusive parking of electric vehicles that are connected to electric vehicle charging stations for the purpose of transfer of electricity to the battery or other energy storage device of an electric vehicle. B. Signs or Markings. Upon designation of a parking space or spaces for the exclusive use of electric vehicles pursuant to Subsection A of this section, the Public Works department shall place signs or markings giving adequate notice that the parking space or spaces are restricted and to be used only for such electric vehicles. The signs or markings shall be in compliance with California Vehicle Code indicating that vehicles left standing in violation of the restriction may be removed. The parking restriction shall not apply to the designated parking spaces until the sign or markings have been placed. C. In parking stalls designated by the use of markings and/or posting as electric vehicle charging stations, only electric vehicles are allowed to park for charging events during designated hours. D. It is unlawful for the operator of any vehicle to allow a vehicle to park or stand in a designated electric vehicle charging station longer than the posted time limit. E. It is unlawful for the operator of an electric vehicle to allow that vehicle to park or stand in a designated electric vehicle charging station unless the vehicle is actively conducting a charging event. F. The police department is authorized to cite and/or remove or cause the removal of vehicles parked in violation of this section in accordance with California Vehicle Code Section Parking--Parallel or diagonal--requirements. When a parking space in any municipal off-street parking lot is parallel with the adjacent meters, any vehicle parked or standing in such parking space shall be parked or shall stand so that the foremost part of said vehicle shall be nearest to the parking meter designated for the parking space. When a parking space in any municipal off-street parking lot is diagonal or at right angles to the parking meters, any vehicle parking or standing in such parking space shall be parked or shall stand with the foremost part of such vehicle nearest to the parking meter designated for the parking space. Section Entrance and exit restrictions. Ordinance No. 7,601-N.S. Page 8 of 12

9 Page 9 of 12 It is unlawful for any person to enter any municipal off-street parking lot over any area or driveway or the portion between any curb returns which is not marked with the word "entrance" or otherwise indicated by arrows, signs or words that it is a driveway or place for the entering of such parking lot. It is unlawful for any person to move any vehicle from any such parking lot into any public way over an area except an area marked with the word "exit" or otherwise indicated by arrows, signs or words that it is a driveway or place for the leaving of such parking lot. Section Speed of vehicles. It is unlawful for any person to move any vehicle on any municipal off-street parking lot at any speed exceeding ten miles per hour. Section Weight of vehicles. It is unlawful for any person to stop, stand or park any vehicle having a gross weight in excess of five thousand nine hundred ninety-nine pounds in any municipal off-street parking lot. Section Length of vehicles. It is unlawful for any person to stop, stand or park any vehicle having an overall length in excess of twenty-one feet in any municipal off-street parking lot. Section Trailers prohibited. It is unlawful for any person to stop, stand or park any house or truck trailer in any municipal off-street parking lot. Section Removal of vehicles authorized when. The Police Department is empowered to remove, or cause to have removed to the nearest garage or other place of safety, or to a garage designated or maintained by the City, any vehicle that is stopped, standing or parked on any municipal off-street parking lot when: A. Any vehicle is in violation of Sections and through of this chapter; or B. Any vehicle is left on such municipal off-street parking lot for a period exceeding thirty hours; or C. Any vehicle which is parked or left standing when such parking or standing is restricted or prohibited by ordinance or resolution of the City and signs are posted giving notice of such removal. The provisions of the Vehicle Code of the State of California pertaining to notice to owner and garage keeper s lien, shall apply in the event of such removal. Ordinance No. 7,601-N.S. Page 9 of 12

10 Page 10 of 12 Section Violation--Citation issuance authorized when. For any violation of any provision of this chapter, any police officer or other authorized employee of the City is empowered to issue notices to appear or citations in the usual form and manner as provided in the Vehicle Code of the State of California. Section Violation--Prima facie presumption of ownership. In any prosecution charging a violation of any of the provisions of this chapter governing the stopping, standing or parking of a vehicle in any municipal off-street parking lot, proof that the particular vehicle described in the complaint was stopped, standing or parked in violation of any provision of this chapter, together with proof that defendant named in the complaint was at the time of such stopping, standing or parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such motor vehicle was the person who stopped, left standing or parked such motor vehicle at the point where and for the time during which such violation occurred. Section Violation--Penalty. Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. Section 2. That Berkeley Municipal Code Chapter is added to Title 14 Vehicles and Traffic to read as follows: Chapter ELECTRIC VEHICLE PARKING Sections: Authority Purpose Definitions Designation of electric vehicle parking spaces Electric vehicle parking restriction Authority. This chapter is enacted pursuant to California Vehicle Code and Purpose. The electric vehicle parking standards established in this chapter are intended to promote sustainable and alternative transportation practices; manage the availability of on-street parking, particularly in areas that will maximize the use of electric vehicles; and thereby improve traffic and parking circulation Definitions. Ordinance No. 7,601-N.S. Page 10 of 12

11 Page 11 of 12 As used in this chapter, unless otherwise apparent from the context, the following words and phrases shall have the following meanings: A. Electric vehicle (EV) means any vehicle that operates, either partially or exclusively, on electrical energy from an off-board source that is stored on-board for motive purpose. B. Electric vehicle supply equipment (EVSE) means a unit of fueling infrastructure that supplies electric energy for the recharging of electric vehicles, such as plug-in electric vehicles, including electric cars, neighborhood electric vehicles, and plug-in hybrids. EVSE is also referred to as EV charging station unit and EV charging infrastructure. C. Charging event means an EV is plugged into the EVSE and in the process of charging. D. Electric vehicle charging station means a parking space dedicated to active charging events Designation of electric vehicle parking spaces. A. Designation of Parking Spaces. The City Traffic Engineer, is authorized in accordance with the purposes of this chapter to designate spaces on-street for the exclusive parking of electric vehicles that are connected to electric vehicle charging stations for the purpose of transfer of electricity to the battery or other energy storage device of an electric vehicle. B. Signs or Markings. Upon designation of a parking space or spaces for the exclusive use of electric vehicles pursuant to Subsection A of this section, the Public Works department shall place signs or markings giving adequate notice that the parking space or spaces are restricted and to be used only for such electric vehicles. The signs or markings shall be in compliance with California Vehicle Code indicating that vehicles left standing in violation of the restriction may be removed. The parking restriction shall not apply to the designated parking spaces until the sign or markings have been placed Electric vehicle parking restriction. A. In parking stalls designated by the use of markings and/or posting as electric vehicle charging stations, only electric vehicles are allowed to park for charging events during designated hours. B. It is unlawful for the operator of any vehicle to allow a vehicle to park or stand in a designated electric vehicle charging station longer than the posted time limit. C. It is unlawful for the operator of an electric vehicle to allow that vehicle to park or stand in a designated electric vehicle charging station unless the vehicle is actively conducting a charging event. Ordinance No. 7,601-N.S. Page 11 of 12

12 Page 12 of 12 D. The police department is authorized to cite and/or remove or cause the removal of vehicles parked in violation of this section in accordance with California Vehicle Code Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. At a regular meeting of the Council of the City of Berkeley held on May 29, 2018, this Ordinance was passed to print and ordered published by posting by the following vote: Ayes: Noes: Absent: Bartlett, Davila, Droste, Hahn, Harrison, Maio, Wengraf and Arreguin. None. Worthington. Ordinance No. 7,601-N.S. Page 12 of 12