City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council:
(1) Introduce an ordinance to amend Culver City Municipal Code Section 7.03.525
regarding the prohibition of parking at expired or inoperable meters; and
(2) Approve the use of adhesive stickers on City parking meters to give notice that
parking at an inoperable meter is prohibited.
BACKGROUND:
Parking meters may become jammed and inoperable at times as a result of
tampering by individuals who may be attempting to avoid payment. Foreign objects
such as paperclips, razor blades, nails and other assorted items are commonly used
in these attempts to bypass payment, which has caused damage to meters and may
result in injury to meter technicians and money collectors.
To suppress meter vandalism and the subsequent use of costly City resources,
Culver City has historically relied on Culver City Municipal Code (CCMC) Section
7.03.525 which states: “No operator of any vehicle shall permit said vehicle to
remain parked in any parking space during any time that the meter is showing a
signal indicating that such space is illegally in use other than such time necessary
for the operator to comply with 7.03.515 (Attachment 1).
Meeting Date: 09/24/2012 Item Number: A-5
CITY COUNCIL AGENDA ITEM: (1) Introduction of an Ordinance to Amend Culver
City Municipal Code Section 7.03.525 Regarding the Prohibition of Parking at
Expired or Inoperable Parking Meters, and (2) Approval of the Use of Adhesive
Stickers on City Parking Meters to Give Notice That Parking at an Inoperable Meter
is Prohibited.
Contact Person/Dept.: Dianne Gifford/PD Phone Number: 310-253-6252
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (09/20/12)
Department Approval:
Don Pedersen (9/13/2012)
City Attorney Approval:
Carol Schwab (by Lisa Vidra) (09/19/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (09/19/12)
City Manager Approval:
John M. Nachbar (09/19/12) City of Culver City, California
Agenda Item Report
The language in the CCMC “illegally in use” refers to parking in spaces where the
time on the meter has expired or where the meter is inoperable, i.e. jammed. The
older meters in the City, if jammed, indicate “out of order” or “fail,” and also display
three universal ”no parking” symbols (a large red P with a red circle and diagonal
line through the center), giving appropriate notice to the motorist that no parking is
allowed. The symbols and the words “out of order” appear only if the meter is
jammed or full of coins and unable to accept more coins.
The newer meters and pay stations in the City do not display the “no parking
symbol.” Because these meters allow for payment via credit card, a jammed meter
may still accept credit cards and will display time allowed for parking upon payment.
The technology of new meters allows for immediate communication with repair
personnel when the meter detects a jam, and repairs are expeditious. Old meter
jams are currently addressed during weekly meter collections (some meters are
collected twice per week).
DISCUSSION
On July 10, 2012, Governor Brown signed into law Senate Bill No. 1388 (SB1388),
which, among other things, added Section 22508.5 to the California Vehicle Code
(CVC), which provides in pertinent part as follows:
(a) Except as provided in subdivision (b), a vehicle may park, for up to the posted
time limit, in any parking space that is subject to an inoperable parking meter or
inoperable parking payment center.
(b) Local authorities may, by ordinance or resolution, prohibit or restrict the
parking of vehicles at inoperable parking meters or inoperable parking payment
centers. No ordinance or resolution adopted by a local authority pursuant to this
section shall become effective until signs or markings giving adequate notice of
the restriction or prohibition on parking have been placed at parking locations,
parking meters, or parking payment centers (Attachment 2).
In an effort to keep meter vandalism at bay, the cities of Los Angeles and Santa
Monica have already given notice of the prohibition of parking in a space where the
meter or pay station is inoperable. Both cities have placed adhesive stickers on all
meters specifying that the meters require payment to park unless legally exempt.
The stickers reference the applicable CCMC section, and state “if one form of
payment is not accepted, you must use another form or park in a different space to
prevent receiving a citation.” The sticker also provides a phone number to report
broken meters, ensuring repairs are made in a timely manner. A copy of the
adhesive sticker used by the City of Los Angeles is attached for the City Council’s
review (Attachment 3).
City of Culver City, California
Agenda Item Report
Due to the adoption of the new CVC section, staff recommends that the City Council
introduce the proposed Ordinance which would amend the language of CCMC
7.03.525 to make it clear that it is prohibited to park in parking spaces where the
meter or pay station is inoperable (Attachment 4). Staff also recommends that the
City Council adopt the manner of notice instituted by the City of Los Angeles, to
provide uniformity in the local area (Culver City is surrounded by Los Angeles and
many streets are metered by the City of Los Angeles up to its border with Culver
City, and then the street is metered by Culver City within our City’s jurisdiction).
FISCAL ANALYSIS:
To date there has been no cause to track resources used to repair the broken
meters or loss of revenue due to meter damage.
The Public Works Department estimates that the purchase price for the stickers will
be about $4,000 plus tax. The funding will come from the Parking Meter CIP
(Capital Improvement Plan) included in the City Council Adopted Budget for Fiscal
Year 2012/2013.
Public Works staff will install the stickers on every meter and pay station. Staff
anticipates associated sticker costs will be offset through the prevention of increased
meter tampering.
ATTACHMENTS:
1. CCMC 7.03.525
2. Vehicle Code Section 22508.5
3. City of Los Angeles parking meter sticker
4. Proposed Ordinance
MOTION:
That the City Council:
(1) Introduce an ordinance to amend Culver City Municipal Code Section 7.03.525
regarding the prohibition of parking at expired or inoperable parking meters, and
waive further reading; and
(2) Approve the use of adhesive stickers on City parking meters to give notice that
parking at an inoperable meter is prohibited.
MEETING DATE: September 24, 2012
AGENDA ITEM: : (1) Introduction of an Ordinance to Amend Culver City
Municipal Code Section 7.03.525 Regarding the Prohibition of Parking at
Expired or Inoperable Parking Meters, and (2) Approval of the Use of
Adhesive Stickers on City Parking Meters to Give Notice That Parking at
an Inoperable Meter is Prohibited.
ATTACHMENTS
1. CCMC 7.03.525
2. Vehicle Code Section 22508.5
3. City of Los Angeles parking meter sticker
4. Proposed Ordinance
Pages
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4-6 ATTACHMENT I
CCMC 7.03.525
§ 7.03.525 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED.
No operator of any vehicle shall permit said vehicle to remain parked in any parking space during
any time that the meter is showing a signal indicating that such space is illegally in use other than such
time necessary for the operator to comply with § 7.03.515.
('65 Code, § 21-17.6) (Ord. No. 83-027 § 1)
CCMC 7.03.515
§ 7.03.515 OPERATIONAL PROCEDURE TO BE FOLLOWED.
Except as otherwise provided in this Subchapter, immediately after occupancy of a metered parking
space, the vehicle operator shall pay the required fee for use of the metered parking space in
accordance with the directions prescribed by the parking meter adjacent to or assigned to the metered
parking space, unless the parking meter indicates an unexpired portion remains of the period of time
for which payment previously had been deposited.
(Ord. No. 2011-002 § 1 (part)) ATTACHMENT #2
Senate MU No. 388
CHAPTER 70
An act to amend Section 22508 of, and to add Section 22508-5 to, the Vehicle Code, relating to parking_
[ Approved by Governor July 10, 2012, Filed Secretary of State July 10, 2012.
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SEC. 2.
Section 22508.5 is added to the Vehicle Code, to read:
22508.5.
(a) Except as provided in subdivision (b), a vehicle may park, for up to the posted time limit, in any parking space that is subject to an inoperable
parking meter or an inoperable parking payment center.
(b) Local authorities may, by ordinance or resolution, prohibit or restrict the parking of vehicles at inoperable parking meters or inoperable parking
payment centers. No ordinance or resolution adopted by a local authority pursuant to this section shall become effective until signs or markings
giving adequate notice of the restriction or prohibition on parking have been placed at parking locations, parking meters, or parking payment centers.
(c) For purposes of this section:
(1) "Inoperable parking meter" means a meter located next to and designated for an individual parking space, which has become inoperable and
cannot accept payment in any form or cannot register that a payment in any form has been made.
(2) "Inoperable parking payment center" means an electronic parking meter or pay station serving one or more parking spaces that is closest to the
space where a person has parked and that cannot accept payment in any form, cannot register that a payment in any form has been made, or cannot
issue a receipt that is required to be displayed in a conspicuous location on or in the vehicle, 4-14.0,611 yyi
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF CULVER CITY, STATE
OF CALIFORNIA, AMENDING SECTION 7.03.525 OF
CHAPTER 703 OF TITLE 7 OF THE CULVER CITY
MUNICIPAL CODE REGARDING PARKING AT EXPIRED
OR INOPERABLE METERS
WHEREAS, California Vehicle Code section 22508.5 provides that a
vehicle may park, for up to the posted time limit, in any parking space that is
subject to an inoperable parking meter or inoperable parking payment center,
unless the City passes an ordinance or resolution prohibiting or restricting the
parking of vehicles at inoperable parking meters or inoperable parking
payment centers; and
WHEREAS, the City of Culver City desires to prohibit the parking of
Vehicles at inoperable parking meters or inoperable parking payment centers.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER
CITY, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1: Section 7.03,525 of Chapter 7.03 is hereby amended to
read as follows (strike-through denotes deletion, underline denotes addition):
§7.03.525 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED OR
WHERE METER IS INOPERABLE
LaLNo operator of any vehicle shall permit said vehicle to remain parked in
any parking space during any time that the meter is showing a signal
indicating that the time has expired,
ther than
such time necessary for the operator to comply with §7.03.515.
(b) No operator of any vehicle shall park said vehicle in any parkinn space
where there is an inoperable parking meter or that is subject to an inoperable
multi-space parking meter or parking payment center.
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(c) For purposes of this section:
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f1) "inoperable parking meter" means a meter located next to and designated
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for an individual parking space, which has become inoperable and cannot
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accept payment in any form or cannot register that a payment in any form has
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been made.
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(2) Inoperable multi-space parking meter or parking payment center" means
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an electronicarI L_.litia_nIeWLeiggy station serving one or more parking
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,§pme_s_t _liaLi for_thesp_a_c p_ e where a person has arked and that
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cannot acceptyment in any form, cannot reqister that a Davment in any
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form has been made, or cannot issue a receipt that is required to be
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displayed in a .conspicuous location on or in the vehicle.
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SECTION 2: Nothing in this Ordinance shall be construed to affect
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any suit or proceeding impending in any court, or any rights acquired, or
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liability incurred, or any cause or causes of action acquired or existing, under
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any act or Ordinance hereby repealed as cited in Section 1 of this Ordinance;
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nor shall any just or legal right or remedy of any character be lost, impaired or
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affected by this Ordinance
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SECTION 3: Pursuant to Section 619 of the City Charter, this
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Ordinance shall take effect thirty (30) days after its adoption. Pursuant to
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Section 616 and 621 of the City Charter, prior to the expiration of fifteen (15)
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days after the adoption, the City Clerk shall cause this Ordinance, or a
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summary thereof, to be published in the Culver City News and shall post this
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Ordinance or a summary thereof in at least three (3) places within the City.
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SECTION 4: City Council hereby declares that, if any provision,
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section, subsection, paragraph, sentence, phrase or word of this Ordinance is
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rendered or declared invalid or unconstitutional by any final action in a court APPROVED AS_TO FORM:
'AROL A. SCHWAB,
City Attorney
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of competent jurisdiction or by reason or any preemptive legislation, then the
City Council would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, phrases, or words of this
Ordinance, and as such they shall remain in full force and effect.
APPROVED and ADOPTED this day of 2012.
ANDREW WEISSMAN , MAYOR
City of Culver City, California
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Martin R. Cole
City Clerk