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HomeMy WebLinkAboutNS-2164 - Amending Section 33-94 of the Santa Ana Municipal Code to Establish a Fee for Reporting of Vehicles Towed from Private Property279 THE FOLLOWS: ORDINANCE NO. NS-2164 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 32-94 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A FEE FOR REPORTING OF VEHICLES TOWED FROM PRIVATE PROPERTY CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS SECTION 1: That Section 32-94 of the Santa Ana Code, is hereby amended to read as follows: Sec. 32-94. Removal of vehicle from private notification, fee. Municipal property; (a) It is the responsibility of the permittee and his tow truck operator to ensure that the Santa Ana Police Department is notified by the owner or person in lawful possession of the private property pursuant to California Vehicle Code, Section 22658 prior to the tow truck operator removing any illegally parked vehicle. The tow truck operator, when authorized by the owner or person in possession of the private property shall notify the Santa Ana Police Department on behalf of the owner or person in possession of the private property. (b) The city council may, by resolution, establish a fee to defray the cost of logging and creating computer entries for vehicles stored from private property. The fee shall be paid by the towing operation permittee under this article, and may be added as a proper charge to the person causing the vehicle removal from private property or to the person owning such vehicle. SECTION 2: Until such time as a different fee may be established by resolution of the city Council, the fee specified in section 32-94 of the Santa Ana Municipal Code, as amended by this ordinance, shall be $25.00 per notification. SECTION 3: That the city council finds and determines that California Vehicle Code Section 22658 requires notification of the police department whenever a vehicle is stored for illegally parking on private property. The california Department of Justice requires users of the California Law Enforcement Telecommunication System ("CLETS") to enter such stored vehicle information into the statewide computer system. As a result, the city incurs a cost for logging and creating the computer entry, which should be reimbursed. The city council further finds that the amount of the fee is reasonable reimbursement to the city for the costs incurred by the City. ORDINANCE NS-2164 Page 2 ~81 SECTION 4: 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, sentence, 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 unconstitutional. SECTION 5: 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 ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th day of July 1992. ATTEST: Mayor COUNCILMEMBERS: Young Aye Pulido Aye Acosta AY~ Griset Aye McGuigan Aye Norton Aye Richardson Aye APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~- ~/~ to be the original ordinance adopted by the City Council of the City of Santa Ana on ~-~ ~7~ ; and that said ordinance was published in accordance with the Charter of the city of Santa Ana. ~Clerk of the Council, Date City of Santa Ana