HomeMy WebLinkAbout11A - ORDINANCE - PARKING ENFORCEMENTTLJ 8/9/12
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 36 OF
THE SANTA ANA MUNICIPAL CODE RELATING TO
ENFORCEMENT OF PARKING CONTROL
REGULATIONS AND TRAFFIC CONTROL
SERVICES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines, and declares as follows:
A. Article XI, Section 7 of the California Constitution and California
Government Code Section 37100 provide the City of Santa Ana
with authority to enact local ordinances to protect the health, safety,
and welfare of its residents.
B. The City has determined that certain City services, including the
parking control regulations, certain traffic control operations and
park ranger services, may be provided on a cost effective basis by
contractors with the knowledge and skill necessary to provide those
services.
C. Currently, Chapter 36 of the Santa Ana Municipal Code authorizes
officers of the police department of this city, or such officers as are
assigned by the Chief of Police, to direct all traffic and enforce all
traffic laws of this city.
D. The City has contracted for parking control enforcement and traffic
control services and intends to contract for park ranger services, as
it has insufficient employee staffing to perform such services.
E. Therefore, the City Council has deemed it necessary that the City
authorize its contracted parking control staff and contracted park
rangers to enforce and issue citations for violations of Santa Ana
Municipal Code parking regulations as are designated by the Chief
of Police or the City Manager, and to direct or regulate traffic as is
deemed necessary and as authorized by the Chief of Police or City
Manager
Ordinance No. NS-XXX
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F. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. Section 36-27(a) of the Santa Ana Municipal Code is hereby
amended to read as follows:
Sec. 36-27. Violations; penalty; appearance; bail.
(a) Officers of the police department, or such employees, agents, or
contractors as are assigned by the chief of police or city manager, are
authorized to take the number of any vehicle or thing parked, placed,
ranked, stored, or left in violation of any of the provisions of this Code;
the state vehicle license of such vehicle; the time and date of such
overparking; and the make of such vehicle; and to issue, in writing, a
citation for said violation in the same form and subject to the same
procedure provided for by the ordinances of the city and the laws of the
state applicable to the traffic violation within the city.
Section 3. Section 36-30 of the Santa Ana Municipal Code is hereby
amended to read as follows:
Sec. 36-30. - Authority of officers.
(a) Officers of the police department, or such employees as are assigned
by the chief of police or city manager, are authorized to enforce all
traffic laws of this city, and all of the vehicle code sections applicable in
this city.
(b) Officers of the police department, or such employees, agents, or
contractors as are assigned by the chief of police or city manager, are
authorized to enforce the parking regulations imposed under this Code.
Section 4.
Section 36-31 of the Santa Ana Municipal Code is hereby amended, such
that it reads as follows:
Sec. 36-31. Authority to direct traffic - Emergency authority.
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Officers of the police department, or such employees, agents, or
contractors as are assigned by the chief of police or city manager, are authorized
to direct all traffic by voice, signals or other devices in conformance with traffic
laws, provided that in the event of fire or other emergency, officers of the police
department, or such employees, agents, or contractors as are assigned by the
chief of police or city manager, may direct traffic as conditions require,
notwithstanding the provisions of the traffic laws.
Section 5. 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 6. Neither the adoption of this ordinance nor the repeal hereby of
any ordinance shall in any manner affect the prosecution for violations 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.
ADOPTED this day of , 2012
Miguel A. Pulido
Mayor
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
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