HomeMy WebLinkAboutNS-2028 - Amending Sections 36-413 through 36-419 of Santa Ana Municipal Code and Adding Section 36-420 Thereto to Revise the City's Parking Meter Hood Permit RegulationsREL:mb(23)
5/2/89
Rev. 5/19/89
ORDINANCE NO. NS-2D~
AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING SECTIONS 36-413 THROUGH
36-419 OF THE SANTA ANA MUNICIPAL CODE
AND ADDING SECTION 36-420 THERETO TO
REVISE THE CITY'S PARKING METER HOOD
PERMIT REGULATIONS.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Santa Ana Municipal Code Section 36-413 is
hereby amended to read as follows:
Sec. 36-413. Application.
Any person doing any building, construction, alter-
ation, repair or addition to the structural detail or
part of any building, or rendering any maintenance or
janitor service to buildings on a contract basis in any
parking meter zone and any public utility operating
maintenance or service vehicles in such zone in the city
may apply to the downtown development manager for a
permit to use a parking meter hood. Such application
shall state the name of the person, organization, or, if
a partnership, the names of the partners, the business
address of the applicant, the nature of the business
carried on by him, the fact that it is necessary to use
a truck or other vehicle because of the equipment thereon,
or the materials or machinery transported thereby, in
said parking meter zones. Upon approval of said applica-
tion, the downtown development manager shall forward
said application to the director of finance for the issu-
ance of the permit applied for. Such applications shall
be numbered serially and be filed by the director of
finance.
SECTION 2: That Santa Ana Municipal Code Section 36-414 is
hereby amended to read as follows:
Sec. 36-414. Issuance--Initially; legend.
Upon receipt of an application for a hood permit
approved as hereinabove provided for and payment of the
required charges, the director of finance shall issue
a permit which shall be numbered, and each of which
permits shall be accompanied by a numbered hood, and on
ORDINANCE NO. NS- M3£~
PAGE TWO
the reverse side, shall carry the legend in boldface type
"NO PARKING." The permit shall further recite the ~a~e o~
issuance, the date upon which it expires and the name and
address of the permittee. No permit shall be issued to any
applicant who does not hold a paid-up business license in
the city, if such license is required.
SECTION 3: That Santa Ana Municipal Code Section 36-415 is
hereby amended to read as follows:
Sec. 36-415. Same--After revocation.
When the finance director finds that any person holding
a permit under the provisions of Chapter 36, Division 2 has
violated the provisions of this division, the permittee
shall immediately deliver the same to the director of
finance upon receipt of notice of revocation by mail. Said
permittee may appeal to the council pursuant to the pro-
visions of Chapter 3 of this Code. Unless the council after
hearing shall waive the revocation, no permittee shall be
issued a new permit or hood within thirty (30) days of such
revocation. The council at any hearing held, or if there is
no hearing requested, the downtown development manager may
extend the period during which no new permit or hood shall
be issued to, but not exceeding, one hundred eighty (180)
days.
SECTION 4: That Santa Ana Municipal Code Section 36-416 is
hereby amended to read as follows:
Sec. 36-416. Charges--For permit.
The minimum charge for any hood permit so issued shall
be two dollars ($2.00) per day or any part thereof. A
permit may be issued for a maximum period of six (6)
months. All permittees shall, prior to the issuance or
renewal of any permit, make a deposit of ten dollars
($10.00) for each hood issued, which deposit shall be re-
turned upon the surrender of the hood in good condition to
the office of the director of finance through the downtown
development office.
ORDINANCE NO. NS-~0~8
PAGE THREE
SECTION 5: That Santa Ana Municipal Code Section 36-417 is
hereby amended to read as follows:
Sec. 36-417. Same--For lost, damaged or withheld permits
or hoods.
The loss of any permit or hood shall be reported to
the downtown development manager not later than noon on
the next succeeding business day following the loss and
the permittee shall pay to the city ten dollars ($10.00)
for each hood lost. The permittee shall pay to the city
ten dollars ($10.00) for any hood in his possession that
becomes damaged beyond repair. In the event repair is
possible said permittee shall pay the cost of such repair,
which in no case shall exceed ten dollars ($10.00). The
provisions for payment, in case of damage hereinabove set
out, shall not apply to damage or deterioration from
normal usage or to damage by vandalism or malicious mis-
chief committed by persons other than permittee, his
agents or employees.
If the permittee fails to return the hood and fails
to renew his permit granted hereunder, by paying the charges
hereinabove fixed therefor, within seven (7) days of the
expiration of said permit, he shall pay to the city for such
unlawful withholding of such hood, the sum of ten dollars
($10.00). No new permit or hood shall be issued to any
permittee when any payment provided for in this section
has become due and has not been paid. The determination
of the cause of damage to any hood shall be made by the
downtown development manager.
SECTION 6: That Santa Ana Municipal Code Section 36-418 is
hereby amended to read as follows:
Sec. 36-418. Cancellation of permit.
The downtown development manager shall revoke any
permit issued hereunder and immediately take up and return
to the director of finance such permit and the hood accomp-
anying the same, for any of the following reasons:
(1) When the permittee has failed to pay any charge
or fee provided for in this article.
ORDINANCE NO. NS-20~8
PAGE FOUR
(2) When the circumstances or needs under which the
permit was granted no longer exist.
(3)
When permittee ceases to carry a business license
in the city or fails to pay the current business
license fee due thereunder if such license is
required.
(4)
When the hood is used to cover any parking meter
without the display of a current unrevoked permit
in the transparent window of said hood.
(5)
When the hood is used to cover any parking meter
for any purpose other than the business purposes
permitted by this article.
(6)
When the hood is not removed from the parking
meter immediately upon the completion of work
for which this article permits hood to be used.
(7)
When any person other than permittee or his
regular employee or agent is allowed to use
hood.
the
(8)
When the hood is used to cover any parking meter
adjacent to and regulating a stall where parking
is limited to twenty-four (24) minutes or less.
SECTION 7: That Santa Ana Municipal Code Section 36-419 is
hereby amended to read as follows:
Section 36-419. Special U.S. recruiter hood.
United States Government recruiting officers in charge
of any recruiting office located in a building in front of
which parking is regulated by meters may apply to the down-
town development manager for a permit to use parking meter
hoods in front of or near said recruiting office, and
shall furnish such information on the application as the
downtown development manager may require. The downtown
development manager shall determine the number of hoods
which shall be used and shall forward his approval to the
director of finance, who shall issue a numbered permit for
each hood approved without any charge or deposit for hoods
to accompany the permits.
ORDINANCE NO. NS-2D~
PAGE FIVE
Each permit shall be marked for use with the United
States government-owned armed forces recruiting vehicle
only, and said hood shall not be valid and may be picked
up and permit revoked if used with any other vehicle or
for any reason specified in subsections (3), (5), (7), (8)
or (9) of section 36-418.
SECTION 8: That the Santa Ana Municipal Code is hereby amended
by adding a section, to be numbered 36-420, which said section
reads as follows:
Sec. 36-420. Funerals
Any organization conducting a funeral in any building
in a parking meter zone may apply to the downtown develop-
ment manager for a permit to use parking meter hoods in
front of or near such building during such funeral and shall
furnish such information on the application as the downtown
development manager may require. The downtown development
manager shall determine the number of hoods which shall be
issued, the area in which they may be used, and the time
during which they may be used, and shall forward his approval
to the director of finance, for issuance of a permit in
accordance with section 36-414.
SECTION 9: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sent-
ence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconsti-
tutional.
SECTION 10: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
222
ORDINANCE NO. NS-2028
PAGE SIX
ordinance and all rights and obligations thereunder appertain-
ing shall continue in full force and effect.
ADOPTED this ]8th day of September , 1989.
Mayor
ATTEST:
~]~rVlce C. Guy
Elerk of the Coun&il/
COU NCI LMEMBE RS .'
Young
Acosta
Griset
May
McGuigan
Norton
Pulido
A e
Absent
APPROVED AS TO FORM:
Edw~r~
City Attorney