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Home My WebLink AboutOrdinance 1781 (Parking Law Enforcement)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1781 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 5.12.010, 5.12.030, 5.12.050, 5.12.090, 5.40.010, 5.40.030, 5.40.045, AND 5.60.100 REGARDING ENFORCEMENT OF PARKING LAWS AND REGULATIONS AND TRAFFIC DIRECTION, BY MANAGEMENT SERVICES DEPARTMENT EMPLOYEES ASSIGNED SUCH DUTIES" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 6th day of May, 2002, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20th day of May, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 23rd day of May, 2002 G .R-uk-cx ', (Seal) Zep 3 F� JEANNE M. LEONCINI, City Clerk ORDINANCE NO. 1781 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 5.12.010, 5.12.030, 5.12.050, 5.12.090, 5.40.010, 5.40.030, 5.40.045, and 5.60.100 REGARDING ENFORCEMENT OF PARKING LAWS AND REGULATIONS, AND TRAFFIC DIRECTION, BY MANAGEMENT SERVICES DEPARTMENT EMPLOYEES ASSIGNED SUCH DUTIES. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: San Rafael Municipal Code Section 5.12.010 is hereby amended to change the title to "Officials With Enforcement Authority", and to add a new subsection (d), to read as follows: "(d) To the extent permitted by law, such Department of Management Services employees as have been assigned to the enforcement of parking laws and regulations, shall have the power and authority to enforce all city and state parking laws and regulations within the City." DIVISION 2: San Rafael Municipal Code Section 5.12.030 is amended to read as follows: "No person shall willfully fail or refuse to comply with any lawful order of a police officer, Fire Department official, or Department of Management Services employee assigned to the enforcement of parking laws and regulations, when directing traffic." DIVISION 3: San Rafael Municipal Code Section 5.12.050 is amended to read as follows: "No person other than an officer of the Police Department, a person deputized by the Chief of Police, a Department of Management Services employee assigned to the enforcement of 1 0 R UNI, A L b� parking laws and regulations, or such other person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate when and as herein provided any mechanical pushbutton signal erected by order of the City Traffic Engineer. DIVISION 4: San Rafael Municipal Code Section 5.12.090 is amended to change the introductory phrase to read as follows: "Any regularly employed and salaried officer of the Police Department, or any Department of Management Services employee assigned to the enforcement of parking laws and regulations, may remove or cause to be removed:" DIVISION 5: San Rafael Municipal Code Section 5.40.010 is amended to revise subsection (a) to read as follows: "(a) The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or to obtain compliance with the directions of a police officer, a Department of Management Services employee assigned to the enforcement of parking laws and regulations, or an official traffic control device." DIVISION 6: San Rafael Municipal Code Section 5.40.030 is amended to revise subsection (b) to read as follows: "(b) In the event a vehicle is parked or left standing upon a street or alley for seventy-two (72) or more consecutive hours, any member of the Police Department of the City of San Rafael, or any Department of Management Services employee assigned to the enforcement of parking 2 laws and regulations, may remove the vehicle from the street or alley in the manner and subject to the requirements of the California Vehicle Code.." DIVISION 7: San Rafael Municipal Code Section 5.40.045 is amended to revise subsection (2) to read as follows: "(2) To avoid a violation of this section, a vehicle must be moved five hundred (500) feet after a police department employee or a Department of Management Services employee assigned to the enforcement of parking laws and regulations has marked the vehicle and placed a warning notice on such vehicle." DIVISION 8: San Rafael Municipal Code Section 5.60. 100 is amended to read as follows: "5.60.100 Citations for Parking Meter Violations It shall be the duty of each police officer or employee of the Police Department as designated by the Police Chief, and each Department of Management Services employee assigned to the enforcement of parking laws and regulations, to take the number of any meter at which any vehicle is unlawfully parked as provided in this chapter, the time and date of such violation, the license number of such vehicle, and the color and make of such vehicle, and to issue and attach to the vehicle a parking citation in the form approved by the City Manager, which sets forth the foregoing and such other information as required by law." DIVISION 9: The City Council finds that the amendments to the San Rafael Municipal Code adopted herein are exempt from the requirements of the California Environmental Quality Act under 3 Section 15061(b)(3) of the CEQA Guidelines, which exempts projects which clearly will have no significant adverse environmental impacts. DIVISION 10: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. DIVISION 11: This ordinance shall be published once in full before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. �V I ALBE J. BO , Mayor ATTEST: ANN ,.M,.� ni . JE . LEONCINI, City Clerk The foregoing Ordinance No. 1781 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 6" day of May, 2002, and ordered passed to print by the following vote to wit: 4 AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 20"' day of May, 2002. ��,. JE M. LEON INI, City Clerk 5