CITY OF EMERYVILLE MEMORANDUM DATE: April 6, 2010 TO: FROM: SUBJECT: Mayor Ruth Atkin and Members of the City Council Dominique B. Burton, City Attorney s Office, Traffic Violations, and Fines 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE REPEALING CHAPTER SEVEN OF TITLE FOUR OF THE EMERYVILLE MUNICIPAL CODE REGARDING PARKING METERS; AMENDING CHAPTER NINE OF TITLE FOUR OF THE EMERYVILLE MUNICIPAL CODE REGARDING VEHICULAR TRAFFIC AND PARKING 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING FINE AND PENALTY SCHEDULE FOR VEHICULAR TRAFFIC AND PARKING VIOLATIONS COMMITTED IN THE CITY DISCUSSION The proposed ordinance seeks to clarify and condense those provisions of the Emeryville Municipal Code addressing traffic and parking into one chapter. Accordingly, the proposed ordinance repeals Chapter Seven of Title Four of the Emeryville Municipal Code regarding parking meters, and then amends Chapter 9 of Title Four governing traffic in order to add provisions regarding parking meters. Pursuant to Vehicle Code Section 22507 local agencies have the authority to regulate stopping, parking, and standing of vehicles. Pursuant to Vehicle Code 40203.5 the governing body of the jurisdiction also has the ability to establish fines and penalties for violations of these regulations, congruent with other fees imposed within Alameda County. As such, the attached ordinance proposes the establishment of eight (8) new traffic violations which will assist in curbing such offenses thereby improving traffic and pedestrian safety. The accompanying resolution establishes a fine and penalty schedule for the proposed eight (8) new violations.
RECOMMENDATION Staff recommends that to repeal Chapter Seven of Title Four of the Code regarding parking meters and amend Chapter Nine of Title Four of the Code governing traffic to add provisions regarding parking meter: 1. After considering the staff presentation, the public hearing be opened and testimony be taken; and 2. The Ordinance be introduced and passed after a motion to read by title only. 3. The Resolution amending the City of Emeryville Fine and Penalty Schedule for vehicular traffic and parking violations be adopted. SUBMITTED BY: Dominique B. Burton, City Attorney s - Paralegal Michael G. Biddle, City Attorney Attachments: 1. Vehicular Traffic and Parking: Ordinance 2. Fine and Penalty Schedule: Resolution
ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE REPEALING CHAPTER SEVEN OF TITLE FOUR OF THE EMERYVILLE MUNICIPAL CODE REGARDING PARKING METERS; AMENDING CHAPTER NINE OF TITLE FOUR OF THE EMERYVILLE MUNICIPAL CODE REGARDING VEHICULAR TRAFFIC AND PARKING NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF EMERYVILLE, IN ORDER TO PROTECT AND PRESERVE THE PUBLIC HEALTH, SAFETY AND WELFARE, DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. PURPOSE AND INTENT. The purpose and intent of this Ordinance is to repeal Chapter Seven of Title Four of the Emeryville Municipal Code ( Code ) regarding the regulations of parking meters; and to amend Chapter Nine of Title Four of the Code to provide for the regulation of parking meters. SECTION TWO. REPEALING CHAPTER SEVEN OF TITLE FOUR OF THE EMERYVILLE MUNICIPAL CODE. Chapter Seven of Title Four of the Code is hereby repealed in its entirety. SECTION THREE. AMENDING CHAPTER NINE OF TITLE FOUR OF THE EMERYVILLE MUNICIPAL CODE. Chapter Nine of Title Four of the Code is hereby amended to read as follows. Additions are noted in underline type. CHAPTER 9. VEHICULAR TRAFFIC AND PARKING Sections: 4-9.01 Transportation Committee Duties, Membership, and Procedures. 4-9.02 Parking Meter Zones: Establishment Authority. 4-9.03 Parking Meter Zone: Designation. 4-9.04 Parking Meter: Defined. 4-9.05 Parking Meter: Installation. 4-9.06 Parking Meter: Use Required. 4-9.07 Parking Meter: Overparking. 4-9.08 Parking Meter: Parking Within Lines and Markings. 4-9.09 Parking Meter: Holidays. 4-9.10 Parking Meter: Temporary Suspension. 4-9.11 Parking Meter: Substitute Coins. 4-9.12 Parking Meter: Tampering Prohibited. 4-9.13 Parking Meter: Issuance of Covers. 4-9.14 Parking Meter: Allocation and Expenditure of Funds. 4-9.15 Street Sweeping.
Page 2 of 12 4-9.16 Commercial Vehicles Parked in Residential Zones. 4-9.17 Restricted Parking Zones. 4-9.18 Vehicles Left Standing upon City Streets. 4-9.19 Angle or Perpendicular Parking. 4-9.20 Authority of Police to Direct Traffic. 4-9.21 Vehicles Blocking Street. 4-9.22 Designation, Placement, and Maintenance of Signs and Signals. 4-9.23 Crosswalk Painting. 4-9.24 Unauthorized Barriers, Traffic Control Devices, and Signs. 4-9.25 Tampering with Signs or Signals. 4-9.26 Through Traffic Routes for Heavy Vehicles. 4-9.27 Existing Traffic and Parking Regulations. 4-9.28 Parking Prohibited on Narrow Streets. 4-9.29 Stopping or Parking Prohibited - Signage Required. 4-9.30 Ignition Keys. 4-9.31 Parking Prohibited - Unattached Trailers. 4-9.32 Parking Prohibited Tall Vehicles. 4-9.33 Bus Zones. 4-9.34 Parking Prohibited Vehicle Stand. 4-9.35 Administrative Fees. 4-9.36 Vehicle Operation and Parking Violation Revenues and Forfeitures. 4-9.37 Traffic Control Signs Required for Enforcement Purposes. 4-9.38 Enforcement and Fines. 4-9.01. Transportation Committee Duties, Membership, and Procedures. (a) Duties. The Transportation Committee shall forward proposed actions to the City Council regulating vehicular traffic and parking upon the City streets in a manner consistent with the provisions of this chapter. (b) Membership. 1. The members of the Transportation Committee shall be two (2) City Councilmembers appointed by the City Council. 2. The City Manager, Chief of Police, Chief of Fire, and Director of Public Works, or in the event of their absence a staff member from his or her department to serve in his or her place, shall attend all meetings of the Committee. (c) Meetings. The Transportation Committee shall hold regular meetings on a monthly basis. Special meetings may be held as directed by the Committee Chairperson. (d) Committee Recommendations. Recommendations of the Transportation Committee shall be forwarded to the City Council to be placed on the administrative agenda of the City Council for consideration and adoption before any non-emergency recommendation is implemented. (e) Council Action. The City Council may take any action to regulate traffic or parking in the City of Emeryville without a recommendation from the Transportation Committee. (f) Regulated Street Parking Inventory. The Department of Public Works shall maintain an inventory of all City streets regulated for parking purposes. The inventory shall be updated to remain consistent with the actions and resolutions of the City Council. Amendments to the Regulated Street Parking Inventory shall not require amendment to the enabling ordinance codified in this chapter.
Page 3 of 12 (g) Traffic Signs and Signals Inventory. The City Department of Public Works shall maintain an inventory of all traffic signs, signals and painted curbs regulating traffic upon City streets. The inventory shall be updated to remain consistent with the actions and resolutions of the City Council. Amendments to the Traffic Signs and Signals Inventory shall not require amendment to the enabling ordinance codified in this chapter. 4-9.02 Parking Meter Zones: Establishment Authority. Parking meter zones in streets, public rights-of-way and publicly controlled off-street parking facilities, and rates and regulations or use thereof, shall be as established in accordance with this chapter. 4-9.03 Parking Meter Zones: Designation. The following parking meter zones are established and subject to the hours of operation, holidays observed, maximum time allowed, and parking meter rate designated below: Street Limits Hours of Operation Bay Street (both sides) Between Christie Avenue and Ohlone Way 8:00 a.m. to 10:00 p.m. Maximum Holidays Time Observed Allowed Maximum Meter Rate No 2 hours $0.25 for 15 minutes 4-9.04 Parking Meter: Defined. A parking meter is any mechanical device which accepts payment for use of parking spaces in a parking meter zone. Such mechanical devices shall include but not be limited to single space meters, pay-by-space machines, and pay-and-display machines. 4-9.05 Parking Meter: Installation. (a) Single Space Meters. Single space meters installed in a parking meter zone shall be placed immediately adjacent to individual parking places on the sidewalk or curb or in publicly controlled off-street parking facilities next to the space. Each meter shall be placed in such a manner as to show or display that the parking space adjacent thereto is or is not legally in use and the amount of time remaining for which payment was deposited. (b) Each pay-by-space or pay-and-display machine shall be installed in an area near the designated meter zone. Each pay-by-space or pay-and-display machine shall conspicuously display the applicable parking rates and instructions for use of the machine. Each pay-by-space or pay-anddisplay machine shall, upon the deposit of the appropriate United States coins, currency, debit card, credit card, prepaid parking card or other form of payment accepted by the machine for the parking space controlled thereby, dispense a receipt or some other form of record showing the amount of time purchased and showing when the lawful parking period will expire for that space. 4-9.06 Parking Meter: Use Required. (a) When a vehicle is parked in any space controlled by a single space meter or a pay-by-space machine and payment is required under this chapter, the operator of the vehicle shall, upon entering the parking space, immediately purchase time by depositing coins or by depositing the other forms of payment that may be accepted by the single space meter or the pay-by-space machine. If necessary, the operator shall turn a crank, knob or handle, or push buttons, in accordance with the
Page 4 of 12 instructions posted on the face of the parking meter and following any other instructions on the meter necessary to put the meter or the pay-by-space machine into operation. (b) When a vehicle is parking in any space controlled by a pay-and-display machine and payment is required under this chapter, the operator of the vehicle shall, upon entering the parking space, immediately purchase time by depositing coins or by depositing the other forms of payment that may be accepted by the pay-and-display machine. The operator of the vehicle shall immediately cause the parking receipt provided by the machine to be placed face up on the driver s side dashboard of the vehicle. Failure to put the meter in operation by purchasing time, or failure to place the receipt on the vehicle dashboard face up on the driver s side dashboard shall constitute a violation of this chapter. 4-9.07 Parking Meter: Overparking. (a) It is unlawful for the operator of any vehicle to permit a vehicle to remain parked in any parking space beyond the time that payment has been made or during any time that a meter is showing a signal that time has expired or that the space is illegally in use, excepting the time immediately after the original occupancy of the parking space as is necessary to make payment to operate the meter. (b) Notwithstanding the fact that a parking meter may indicate legal parking, it is unlawful for any person to park or leave standing any vehicle in any area of a parking space for a period of time in excess of parking time limits established for the parking meter zone. 4-9.08 Parking Meter: Parking Within Lines and Markings. The Director of Public Works shall have lines or markings painted or placed upon the curb, right-ofway or parking lot adjacent to each parking meter for the purpose of designating the parking space for which the parking meter is to be used. Spaces regulated by pay-by-space machines shall be assigned numbers, which shall be clearly painted next to each space. It shall be unlawful and a violation of this chapter to park any vehicle across any such line or marking or to park the vehicle in such position that the vehicle is not entirely within the area so designated by such lines or markings. 4-9.09 Parking Meter: Holidays. For the purpose of this chapter only, the following days are defined as holidays in parking meter zones: every Sunday, January 1, third Monday in January (Martin Luther King Jr. s birthday), third Monday in February (President s Day), last Monday in May (Memorial Day), July 4, first Monday in September (Labor Day), Thanksgiving Day and December 25. If any of the foregoing days, except Sunday, falls upon a Sunday, the Monday following is a holiday. This section shall not apply to those parking meter zones designated in Section 4-9.03 as not observing meter holidays. 4-9.10 Parking Meter: Temporary Suspension. The provisions of this chapter may be suspended from time to time by resolution of the City Council in any case where the City Council finds that strict compliance would not serve the public interest, including but not limited to the use of public streets and sidewalks for celebrations, public events, celebration of holiday seasons and any other such activity or purposes as the City Council in its sole discretion shall determine. In cases where the parking meter controlling parking on a street, right-ofway, or off-street public parking lot is located on private property, the provisions of this chapter may be suspended from time to time by agreement between the owner of such private property and the City.
Page 5 of 12 4-9.11 Parking Meter: Substitute Coins. It is unlawful to deposit or cause to be deposited into any parking meters, any slugs, device or metallic substance or any other substitute for any U.S. coins or the permitted payment methods displayed on pay-and-display or pay-by-space machines. 4-9.12 Parking Meter: Tampering Prohibited. It is unlawful for any person to deface, injure, tamper with, or willfully break, destroy, or impair the usefulness of any parking meter. 4-9.13 Parking Meter: Issuance of Covers. (a) Issuance. The Director of Public Works is authorized to issue parking meter covers to persons engaged in construction, repairs, or service to buildings or other like work, who require that one or more parking spaces in parking meter zones immediately adjacent to the work be reserved for and restricted to their use or that said parking spaces not be used for parking of vehicles. Each cover shall be inscribed with the expiration date, the hours the restriction shall be in effect, the name of the person or company to whom the cover has been issued, and wording indicating that parking is restricted. The fee for parking meter covers shall be as set by the City Council in the master fee schedule. (b) Restricted Parking When Covered. It is unlawful for any person, other than a person to whom a parking meter cover has been issued, to park any vehicle in any parking meter zone on any street at any time during which the parking meter is covered by a parking meter cover and displaying thereon an unexpired validation date during the hours which the parking meter cover is in effect. (c) Restrictions on Use of Covers Revocation. It is unlawful for any person to whom a parking meter cover has been issued to use said parking meter cover in any parking meter zone other than one immediately adjacent to the work being performed or to permit said parking meter cover to remain on a parking meter beyond the time actually required for said work. In addition to other penalties imposed, the privileges herein granted shall be revoked and the parking meter cover be removed and the fee paid for any unexpired period shall be forfeited whenever the Director of Public Works determines that any person to whom a parking meter cover had been issued has violated the restrictions imposed on its use. 4-9.14 Parking Meter: Allocation and Expenditure of Funds. (a) For meters located on public property, all of the gross revenues received from all on street parking meters shall be deposited by the City Treasurer in the general fund as unrestricted funds. (b) In cases where the parking meter controlling parking on a street, right-of-way, or off-street public parking lot is located on private property, the revenue from such meter(s) may be allocated between the City and the owner of the private party as may be agreed upon between them. 4-9.15 Street Sweeping. (a) Limited No Parking Zones. The Transportation Committee, with the consent of the City Council, shall designate no parking zones upon City streets during specified days and hours in order to facilitate street sweeping for sanitation purposes. (b) If a street or any portion of a street is designated as a limited no parking zone during specific days and hours for street sweeping purposes, that designation shall be properly posted to alert the public of the no parking designation.
Page 6 of 12 (c) It shall be unlawful to park upon a City street in a limited no parking zone established to facilitate street sweeping during those days and hours designated upon a posted sign. 4-9.16 Commercial Vehicles Parked in Residential Zones. (a) Residential Zones. The Transportation Committee is authorized, with the consent of the City Council, to designate specific streets as residential parking zones. This designation is appropriate when the structures fronting the street are used primarily for residential purposes. (b) Parking of Commercial Vehicles. The Transportation Committee is authorized, with the consent of the City Council, to prohibit the parking of vehicles registered for commercial use upon City streets for a period longer than twelve (12) consecutive hours in designated residential parking zones if the manufacture s gross vehicle weight rating of the vehicle exceeds five thousand (5,000) pounds. The zone designation and prohibition on commercial vehicle parking shall be posted to alert the public of the prohibition on the parking of commercial vehicles. (c) It shall be unlawful for an operator to park a vehicle exceeding five thousand (5,000) pounds in weight and registered for commercial use in a posted residential parking zone. 4-9.17 Restricted Parking Zones. (a) No Parking Zones. 1. The Transportation Committee is authorized, with the consent of the City Council, to designate any City street or any part of a City street as a no parking zone. The curbs of no parking zones shall be marked red by the City Department of Public Works to alert the public that parking is not permitted. 2. It shall be unlawful for any operator to stop or to park any vehicle in a designated no parking zone. (b) Loading Zones. 1. The Transportation Committee is authorized, with the consent of the City Council, to designate any part of any City street as a loading zone. The curbs of loading zones shall be marked yellow by the City Department of Public Works to alert the public that parking is permitted for the loading and unloading of persons or property only. 2. It shall be unlawful for any operator to stop or park any vehicle in a designated loading zone for purposes other than the loading or unloading of persons or property or to remain in excess of Ten (10) minutes unless another time limit for loading, as adopted by the City Council, is posted. (c) Limited Duration Parking Zones. 1. The Transportation Committee, with the consent of the City Council, is authorized to designate any street or any portion of any street as a limited duration parking zone. The Department of Public Works shall mark the curbs of limited duration parking zones green. 2. Upon designating a limited duration parking zone, the Transportation Committee shall recommend to the City Council the appropriate duration of parking time to be allowed at the designated location. This time limit as adopted by the City Council shall be included on signage and or markings posted to alert the public that parking is permitted in that location for a limited time only. 3. It shall be unlawful for an operator to park any vehicle in a limited duration parking zone for a period in excess of the posted time limit. (d) Disabled Persons Parking Zones. 1. The Transportation Committee, with the consent of the City Council, is authorized to designate any part of any street a disabled persons parking zone. Only operators of vehicles displaying a
Page 7 of 12 valid permit or distinguishing license plate issued to disabled persons by the Department of Motor Vehicles shall park in a disabled parking zone. The Department of Public Works shall mark the curbs of disabled parking zones blue, and signs shall be posted to alert the public that only properly authorized disabled persons shall be permitted to park in such locations. 2. It shall be unlawful for an operator to park any vehicle in a disabled parking zone unless that vehicle displays a valid permit or distinguishing license plate issued to a person with a disability by the Department of Motor Vehicles. (e) Interference with Parking Enforcement. 1. It shall be unlawful to remove or alter any marking placed upon a vehicle by a Police or Parking Enforcement Officer for the purpose of enforcing the parking regulations of this chapter. (f) Posting of Parking Restriction by Signs or Markings. 1. Signs and/or markings shall be posted by the Department of Public Works to alert the public of the restricted parking zones authorized under this section within the restricted parking zone and not less than seventy-five feet (75 ) apart. 4-9.18 Vehicles Left Standing upon City Streets. Any officer or duly authorized personnel of the Emeryville Police Department may remove or cause to be removed: (a) Vehicles left more than Seventy-Two (72) hours. Any vehicle that has been left parked or left standing upon a City street or highway for Seventy-Two (72) or more consecutive hours is subject to removal. (b) Vehicles Parked in Violation of Posted Regulations. Any vehicle left parked or left standing in violation of posted parking regulations is subject to removal when those posted regulations indicate that violating vehicles are subject to removal. (c) Vehicles Parked in Violation of Temporary Parking Regulations. Any vehicle left parked or left standing upon a street or highway where the use of such street or highway or portion thereof is necessary for the repair or construction of the street or highway, or for the installation of underground utilities, or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic, is subject to removal, provided that signs giving notice that such vehicle may be removed are erected or placed at least Twenty-Four (24) hours prior to removal. The Police Department and/or Department of Public Works are authorized to place signs giving notice of removal in order to carry out the purposes of this section. (d) Vehicles Parked in a Manner Which Threatens Public Safety. Any vehicle left parked or left standing in a manner, which threatens the public safety, is subject to removal. 4-9.19 Angle or Perpendicular Parking. (a) Where permitted, the Transportation Committee is authorized, with the consent of the City Council, to designate streets upon which angle parking shall be permitted. Angle parking shall not be permitted where: 1. Angle or perpendicular parking would diminish the width of the street available for travel to less than twenty feet (20 ); or 2. There is less than thirty feet (30 ) of street between the curb and the nearest rail or streetcar track; or 3. The street is a continuation of a State Highway or County truck line, unless a clear width of forty feet (40 ) is left for the movement of vehicles when angle parking is permitted.
Page 8 of 12 (b) Designating Lines. The Department of Public Works shall paint white lines designating angle or perpendicular parking spaces consistent with the actions of the City Council. (c) Unlawful Parking. It shall be unlawful for any operator to park any vehicle in a manner inconsistent with the properly marked angle or perpendicular parking lines designated by the City Council consistent with this section. 4-9.20 Authority of Police to Direct Traffic. Officers of the Emeryville Police Department are authorized to direct all traffic by means of visible or audible signal. When the traffic directions of an Emeryville Police Officer are inconsistent with other posted traffic directions, signs, or signals, persons must follow the direction of the Emeryville Police Officer. It shall be unlawful for any person to fail to comply with the traffic directions of an Emeryville Police Officer. 4-9.21 Vehicles Blocking Street. It shall be unlawful for the operator of any train, truck, or other vehicle to stop or park in such manner as to block or impede the flow of traffic. 4-9.22 Designation, Placement, and Maintenance of Signs and Signals. (a) Designation and Placement. The Transportation Committee, with the consent of the City Council, is authorized to determine and designate the character and placement of all signs and signals regulating vehicle and pedestrian traffic upon City streets. 1. It shall be unlawful to disobey any properly posted sign or signal regulating traffic upon the City streets. (b) Maintenance. The Department of Public Works shall be responsible for the installation of all traffic signs and signals authorized by the City Council. All signs and signals shall be included in the Traffic Signs and Signals Inventory maintained by the Department of Public Works. 4-9.23 Crosswalk Painting. The Traffic Committee, with the consent of the City Council, is authorized to designate crosswalks to be painted upon City streets. The Department of Public Works shall install and maintain painted crosswalks upon the City streets. 4-9.24 Unauthorized Barriers, Traffic Control Devices, and Signs. It shall be unlawful for any person, business, or utility company to post, erect, or place any barrier, traffic control device, or sign which attempts to regulate traffic or parking upon City streets without the proper authorization of the City Council, unless the authority of that person, business, or utility company to regulate traffic or parking is provided for by other ordinance or State law. Unauthorized signs and signals attempting to regulate traffic are subject to immediate removal by the City as a public nuisance. 4-9.25 Tampering with Signs or Signals. It shall be unlawful for any person to deface, move, alter, interfere with, or otherwise tamper with any traffic or parking sign, signal, or curb marking authorized under this chapter.
Page 9 of 12 4-9.26 Through Traffic Routes for Heavy Vehicles. (a) Designation. The Traffic Committee, with the consent of the City Council, is authorized to designate by appropriate signs through-traffic routes for the movement of vehicles designed for carrying merchandise, freight, or material, and with a load capacity exceeding two (2) tons. The designated route shall be included in the Traffic Signs and Signals Inventory maintained by the Department of Public Works. (b) Compliance. When a heavy-vehicle traffic route is adopted under this section, it shall be unlawful for any vehicle carrying merchandise, freight, or material with a capacity of more than two (2) tons to drive on a traffic route other than that indicated by appropriate signs, unless deviation from the route is necessary for the loading or unloading of merchandise, freight, or material, except where permitted by other ordinance or State law. (c) Residential Streets. Commercial vehicles exceeding ten thousand (10,000) pounds in total weight shall not be permitted upon streets designated as residential for heavy vehicle purposes in the Traffic Signs and Signals Inventory maintained by the Department of Public Works except where permitted by other ordinance or State law. 4-9.27 Existing Traffic and Parking Regulations. All parking zones, parking meters, other parking regulations, crosswalk markings, and trafficregulating signs and signals authorized and lawfully erected under previously effective provisions of the Emeryville Town Code, Emeryville Municipal Code, and presently in effect as of the adoption of the ordinance codified in this chapter are hereby readopted by the Emeryville City Council. The Department of Public Works shall include these existing traffic and parking controls in the Regulated Street Parking Inventory and Traffic Signs and Signals Inventory. 4-9.28 Parking Prohibited on Narrow Streets. (a) The Transportation Committee, with the consent of City Council, is authorized to designate the placement of signs or markings indicating No Parking upon any street where the width of the roadway does not exceed twenty (20 ) feet, or upon the side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30 ) feet curb to curb. (b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. 4-9.29 Stopping or Parking Prohibited - Signage Required. The Transportation Committee, with the consent of the City Council, may appropriately sign or mark the following places and when so signed or marked, no person shall stop, stand, or park a vehicle in any of said places: (a) At any place within twenty (20 ) feet of a point on the curb immediately opposite the mid-block end of a safety zone; (b) At any place within twenty (20 ) feet of an intersection, except that a bus may stop at a designated bus stop; (c)within twenty (20 ) feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device; (d) At any place where it is determined necessary in order to eliminate unusual traffic hazard.
Page 10 of 12 4-9.30 Ignition Keys. No person shall leave a motor vehicle, except a commercial vehicle, unattended on any street, alley, or unattended parking lot without first stopping the engine, locking the ignition and removing the ignition key there from. Provided, however, that any violation of these provisions shall not mitigate the offense of stealing such motor vehicle nor shall such violation be used to effect a recovery in any civil or criminal action for theft of such motor vehicle, or the insurance thereon, or have any other bearing on any civil or criminal action. 4-9.31 Parking Prohibited - Unattached Trailers. (a) The Transportation Committee, with the consent of the City Council, is authorized to place signs indicating no parking of unattached trailers upon any street or portion of any street when it is determined that the parking of unattached trailers is creating a nuisance, blight, or hazard. (b) When official signs prohibiting unattached trailer parking are erected upon any street or portion of any street as authorized herein, no person shall park an unattached trailer at any time upon any such street or portion of any such street in violation of any such sign. 4-9.32 Parking Prohibited Tall Vehicles. (a) The Transportation Committee, with the consent of the City Council, is authorized to place signs indicating no parking of vehicles which are six feet (6 ) or more in height (including any load thereon) within one hundred (100 ) feet of any intersection upon any street when it is determined that the parking of the tall vehicles is creating a hazard. (b) When official signs prohibiting tall vehicle parking are erected upon any street as authorized herein, no person shall park a vehicle which is six feet (6 ) or more in height (including any load thereon) within one hundred (100 ) feet of any intersection in violation of any such sign. (c) The provisions of this section shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately, municipally, or publicly owned, used in the construction, operation, removal, or repair of utility or public utility property or facilities, if warning devices are displayed and when the vehicle is stopped, standing, or parked at the site of work involving the construction, operation, removal, or repair of the utility or public utility property or facilities upon, in, over, under, or adjacent to a street, whether privately, municipally, or publicly owned, if warning devices are displayed and when the vehicle is engaged in authorized work on the street. 4-9.33 Bus Zones. (a) The Transportation Committee, with the consent of the City Council, is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein. (b) The word bus as used in this section means any motorbus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers. (c) No bus zone shall exceed sixty (60 ) feet in length, except that when satisfactory evidence has been presented to the Transportation Committee showing the necessity thereof, the Transportation Committee may extend such bus zones. However, any extension must not exceed a total length of any one city block. (d) Bus zones shall be indicated by painting the curb red or by the erection of appropriate signs or
Page 11 of 12 both. (e) No person shall stop, stand, or park any vehicle except a bus in a bus zone. 4-9.34 Parking Prohibited Vehicle Stands. It is unlawful for the driver of any vehicle, other than the driver of a public motor vehicle for which a stand has been issued, to park or leave standing such vehicle in any public motor vehicle stand. All such stands shall be distinctly identified as such. 4-9.35 Administrative Fees. In lieu of collecting a fine for a citation for failure to display disabled placard, where required, an administrative fee of twenty-five dollars ($25.00) will be required to process cancellation of a citation in any case where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was issued. 4-9.36 Vehicle Operation and Parking Violation Revenues and Forfeitures. All moneys, fines or forfeitures from conviction, or forfeitures of bail collected from the enforcement of the regulations contained in this chapter relating to the operation of vehicles and parking of vehicles, except allocations on private property, shall be deposited into the General Fund. These deposits shall be designated in the General Fund as having originated from fines and forfeitures resulting from violations of the regulations contained in this chapter, in accordance with generally accepted accounting principals. 4-9.37 Traffic Control Signs Required for Enforcement Purposes. No provision of the California Vehicle Code (CVC) or of this title for which signage are required shall be enforced against an alleged violator unless appropriate signage are in place and are sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws. 4-9.38 Enforcement and Fines. (a) Enforcement. A police officer or duly authorized personnel of the Emeryville Police Department shall enforce the provisions of this Chapter. Upon finding a vehicle parked in violation of this Chapter, the officer shall take the number of the parking meter, if applicable; state the vehicle license of the vehicle, the time and date of the illegal parking, and the make of the vehicle and issue, in writing, a citation for illegal parking. (b) Fines and penalties for violations of this chapter shall be established by resolution of the Emeryville City Council. (c) If the City is requested to institute an action to collect a fine or penalty for violation of the Chapter, the City shall be entitled to recover all costs and reasonable attorney fees incurred in such action. SECTION FOUR. CEQA DETERMINATION. The City Council finds pursuant to Title 14 of the California Administrative Code 15061(b)(3) and 15378(a), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect
Page 12 of 12 on the environment. This action is further exempt from the definition of project in 15378(b)(3) in that it concerns general policy and procedure making authority. SECTION FIVE. SEVERABILITY. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses, or phrases. SECTION SIX. EFFECTIVE DATE. This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code 33693. SECTION SEVEN. CODIFICATION. Sections Two and Three of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Four, Five, Six and Seven shall not be codified in the Emeryville Municipal Code. This Ordinance was introduced and first read by the City Council of the City of Emeryville at a regular meeting held on Tuesday, April 6, 2010, and PASSED AND ADOPTED by the City Council at a regular meeting held on Tuesday, April 20, 2010 by the following vote: AYES: NOES: ABSENT: EXCUSED: ABSTAINED: MAYOR ATTEST: APPROVED AS TO FORM : CITY CLERK CITY ATTORNEY
RESOLUTION NO. 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AMENDING FINE AND PENALTY SCHEDULE FOR VEHICULAR TRAFFIC AND PARKING VIOLATIONS COMMITTED IN THE CITY WHEREAS, the City of Emeryville and Emeryville Police Department desire to regulate traffic and parking under certain conditions for the general welfare; and WHEREAS, such enforcement requires a full time staff of the Traffic Enforcement Division and other expenditures from the general fund; and WHEREAS, amending the proper schedule of penalties and fines will serve as a deterrent to committing such offenses and serve to fund the costs of enforcement and safety measures; RESOLVED, the City Council of the City of Emeryville hereby adopts the schedule of penalties and fines attached hereto as Exhibit A for violations of specifically enumerated sections of the Emeryville Municipal Code violations concerning traffic and parking regulations; ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 6, 2010, by the following vote: AYES: NOES: EXCUSED: ABSENT: ABSTAIN: MAYOR ATTEST: APPROVED AS TO FORM CITY CLERK CITY ATTORNEY
EXHIBIT A Pursuant to Emeryville Municipal Code (EMC) EMC 4-9.39, the following schedule is set for specific fines for EMC violations: NOTE: Proposed eight (8) new traffic violations are in bold and underlined. Emeryville Municipal Code Section Description Fine 4-9.07 Parking Meter Violations Expired Meter/Time in excess of parking time limits $55.00 4-9.08 4-9.16(c) 4-9.17(c) 4-9.18(a)2 4-9.18(b)2 4-9.18(c)3 4-9.18(d)2 4-9.18(e)1 4-9.20(c) 4-9.22 4-9.23(a)1 Improper Parking Not Within Marked Lines Street Sweeping Commercial in Residential Zone No Parking Zone Any Time Loading Zones Beyond Time Limited Duration Parking Zones Disabled Parking Interference with Parking Enforcement Remove/Alter Citation Improper Angle or Perpendicular Parking Obstructing/Impeding Flow of Traffic Obedience to Traffic Device (Signs/Signals) $55.00 $55.00 $130.00 $65.00 $55.00 $55.00 $300.00 $150.00 $55.00 $55.00 $55.00 4-9.29 Narrow Streets No Parking $35.00 4-9.30 No Parking/Stopping within 20 of signal or stop sign $35.00 4-9.31 Ignition Keys $35.00 4-9.32 Parking Prohibited Unattached Trailers $55.00
Emeryville Municipal Code Section Description Fine 4-9.33 Parking Prohibited Tall Vehicles $55.00 4-9.34 Bus Zones $300.00 4-9.35 Parking Prohibited Vehicle Stands $35.00 4-9.36 Administrative Fee Failure to Display Disabled Placard Delinquent Penalty. The penalty assessed for delinquent citations shall be forty-five dollars ($45.00) twenty-two (22) days after issuance of the citation or (fifteen) 15 days after notice of delinquency, whichever is later. The penalty shall be increased by an additional seventy-five dollars ($75.00) thirty days after notice of delinquency. $25.00 per CVC 40226