Introduced by c&uncilmember Kennedy
. ORDINANCE NO.
7283
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AN ORDINANCE OF THE CITY OF PASADENA AMENDING
TITLE 10, CHAPTER 10.40 BY ADDING SECTION 10.40.035
TO ALLOW FOR THE IMMOBILIZATION OF PARKED CARS;
AMENDING/CHAPTER 10.44, SECTION 10.44.010 BY ADDING
. SUBSECTION "D" to ALLOW FOR AN EXEMPTION
FROM
THE OVERNIGHT
PARKING PROHIBITION; AND
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·AMENDING CHAPTER 1Q.45, SECTION 10.45.100 TO
CHANGE THE METER RATE IN THE OLD PASADENA
PARKING METER ZONE
The People of the City of Pasadena ordain as follows:
Section 1. Title 10, Chapter 10.40 of the Pasadena Municipal Code is hereby amended
by adding Section 10.40.035 which reads as follows"
."1 0.40.035 Immobilization
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Any law enforcement or parking enforcement officer may immobilize any vehicles under the
· · requirements set forth in Section 22651.7 of the Vehicle Code, relating to vehicles with parking
violations outstanding, as. provided in Section 22651.7. An administrative fee or fees for such
immobiliz~tionmay be established by res<?lution ofthe city counc"il. Any vehicle-immobilized
as set forth herein shall remain immobilized until the conditions set forth in Section 22651.7 are
. met, and all applicable administrative fees are paid to the city.
(a) Subject to the provisions of Subsection (b), where a vehicle is immobilized purs~ant
to Vehicle Code Section 22651.7 or any other Code section which authorized similar ·
immobilization, and the owner or person in control of the vehicle has been issued five or
more notices of parking violations that are delinquent, such owner or person in control of
a
the vehicle shall be required to pay the Depart~ent charge to be determined by the city
council for the cost of the immobilization.
(b) The charge imposed by Subsection (a) above shall not be applicable to a Vehicle
whic4, prior to release to the owner, has been so immobilized-and subsequently towed to
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· an impound garage.
(c) .Upon immobilization of such vehicle-the person effecting such immobilization shall
cause to be placed ort such vehicle, in a conspicuous manner, notice sufficient to warn
any individual that such v~hicle has been immobilized and any_attempt to move such
vehicle might result in damage to such vehicle. Said notice -shall also state that there is a
right to a post-immobilization hearing to determine the validity of such immobilization,
and any booting, towing or storage charges. Such ~earing-shall be conducted_by a hearing
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officer appointed to conduct such hearings. This post-immobilization hearing will not be
determinative of or adjudicate any citation issued relative or any immobilized vehicle.
The hearing shall be conducted within 48 hours of the request, excluding weekends and
holidays. Failure of either the registered or legal oW11er, or his or her agent, to request or
to attend a scheduled hearing shall satisfy the post;.immobilization validity hearing
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requirement of this subsection.
(d) The immobilizing device or mechanism shall remain in place for 72 hours unless the
owner has complied with Section 22651.7 of the Vehicle Code or as a result of a hearing
held pursuant to Subsection (c) of this section it is determined that the device or
mechanism should be removed. If the immobilization occurs when a vehicle is parked in
a tow-away zone or restricted parking area; or in a location so a_s to be blocking or
impeding traffic, then such vehicle is subject to immediate towing and impounding.
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Booting, towing and storage fees shall be paid before the owner, of such vehicle or
authorized person shall be permitted to repossess or secure the release of the vehicle,
unless the hearing officer determines that such fees ate not required pursuant to Section
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10.40.035 (c) of the Vehicle Code. The owner or person entitled to possession of such
vehicle shall also be responsible for the return of the immobili;zation device or
mechanism to the City and shall be responsible f9r an additional fee of $50 per day for
each day, or part thereof, after the first 24 hours, for which the immobilization device or
mechanism is not returned to the. city, up to a maximum of $500.
(e)
O~ce a
" or
vehicle has been immobilized pursuant to Vehicle Code Section 22651.7
any .other similar provision of law which authorizes hnmobilization, no one, other than
such persons who are authorized by law to do so, .shall mobilize any such vehicle or
damage the immobilization device in any way.
(f) No one, other than a person ~uthorized by law to immobilize. a vehicle· pursuant to
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Vehicle Code Section 2265 L 7 or other similar provision of law, shall, once a vehicle has· · ·
been so immobilized, cause any such vehicle to be towed from the location where
immobilized. If any such vehicle is so towed both the person requesting the towing
service and the operator of the towing vehicle shall be· in violation of this section.
(g) Any violation of eithef Subsections (e) and (f) shall constitute a misdeme~nor."
S~ction
2. Title 10, Chapter 10.44, Section 10.44.010 of the Pasadena Municipal
Code is hereby amended by adding Section· 10.44.01 OD which reads as follows:
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"1 0.44.01 OD
This- section shall not apply to the portion_ of a street. or alley that the Director of ·
Transportation has determined to be exempt after an engineering study and with the
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concurrence of the Public Works Director and the Police Chief. Such exemption may be
for all or a portion of the 2:00a.m. to 6:00a.m. period."
Section 3. Title 10, Chapter 10.45, Section 10.45.100, subsection B of the
Pasadena Municipal Code is hereby amended to re~d as follows:
"10.45.100B
The parking meter rate in this district shall be $1.25 for each sixty minutes."
Section 4. Title 10, Chapter 10.45, Section 10.45.100, subsection D of the
Pasadena Municipal Code is hereby deleted in its entirety.
Section 5. This ordinance shall take effect 30 days following its publication.
:Sjgned and approved this
27th
day of ___
Ju....:.....n::..::.....=...e_ _ _ , 2016.
I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of
. the City ofPasadena at its meeting held this 27th day of_~J-=u.:..;.;;.n_:_e.;__·_ _ _ , 2016, by
the following vote:
AYES:
NOES:
ABSENT:
Gouncilmembefs Gordo, Kennedy, McAustin, Wilson,
Vice Mayor Masud~, Mayor Tornek
. None
Councilmembers Hampton, Madison
ABSTAIN: None
DatePublished: June 30, 2016·
Pasadena Journal
Mar J sky, CMC
C1ty Clerk
L. Rhemrev
Assistant City Attorney.
OrdinanCe Fact Sheet
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TO:
CITY COUNCIL
FROM:
CITY ATTORNEY
~_UBJECT:
DATE:
June 20, 2016
AN ORDINANCE OF THE CITY OF PASAOENA AMENDING TITLE 10,
CI::IAPTER 10~40 BY ADDING SECTION 10.40.035 TO ALLO.W FORTHE IMMOBILIZATION OF PARKED'CARS;.AMENDI-NG CHAPTER 10
·SECTION 10.44.010 BY ADDING SUBSECTION "D." TO ALLOW FOR
AN EXEMPTION. FROM THE OVERNIGHT PARKING PROHIBITION;
AND AMENDING CHAPTER 10.45, SECTION-1'0.45.;109 TO CHANGE.
THE METER RATE IN THE OLD·PASADENA PARKING METER ZONE -
TITLE OF PROPOSED ORDINANCE:
. AN-ORDINANCE OF THE CITY OF PASADENA AMEND_IN·G TITLE 10, CHAPTER
10.40 BY ADDING ·sECT-ION.,~0~40.035 TO ALLOW.FOR THE IMMOBILIZATION. OF \ PARKED CARS; }:\MENDING CHAPTER 10 SECTION 10.44.010'BY ADDING
SUBSECTIQN ''D" TO ALLOW FOR AN I:XEMPTION FROM THE OVE.RNIGHT - _
PARKING PROHIBITION; AND AMENDING CHAPTE:R 10.45, SECTION 10.45.100 TO
CHANGE THE METER RATE IN THE OLD PASADENA PARKING METER ZONE
PURPOSE OF ORDINANCE:
. The CaHfornia Vehicle Code Section 22651.7 authorizes City parking enforcement staff
to utilize an immobilization device In lieu of towing and impounding of vehicle with- five or
more delinquent parking violations .. These immobilization devices are referred to as
"boots." The booting approach would add a less impactful but effective method for the
City to collect overdue· parking fines. On April 18, 2016- the City Council directed the
City Attorney to prepare an ordinance to amend Chapter 10.40 of the Pasadena·
Municipal. Code to ·allow for the immobilization (booting) of parked vehicles that have five
or more delinquent parking violations.
·
',06/27/20~--­
MEETING OF
-~20-f"2()f-6-
AGENDA ITEM NO.
-24- l l
June 20, 2016
Page 2 of 3
A ban on overnight parking on City streets has been in effect for many years. This ban
however has a negative .effect on certain businesses that are open to the public early in
the morning and do not have off street parking. On March 14, 2016, the City Council
directed the City Attorney to prepare an ordinance to amend Chapter 10 to provide an
exemp~ion from the overnight parking prohibition for businesses with early morning hours
in business districts.
In the Old Pasadena Parkin·g Meter Zone, lower parking meter rates were established in
the· outer portions of the zone. The City Council previously approved raising the parking
meter rate to the same level throughout the Zone, ·to $1.25 per hour.
REASON WHY LEGISLATION IS NEEDED:
Parking regulations are codified within Title 10 of the Pasadena Municipal Code and an
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ordinance is required to amend Title 10.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
The Parking Division of the Department of Transportation will .have primary responsibility
for enforcement utilizing the immobilization process (booting).
The Department of Transportation will work with the Public Works Department and the
Police Department to determine if an exemption to the overnight parking prohibition will
be approved.
Th~ Department of Transportation will implement the change in· the parking meter rate in
the Old Pasadena Meter Zone.
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FISCAL IMPACT:
The cost of the immobilization program (booting) will be offset by the. collection ·of the
Boot Fee. Staff time is already incorporated in the parking enforcement budget.
The cost of the administration of the exemption to the. overnight parking ·prohibition wil-l
be recovered through the fees charged through the application process and fees
charged for sign age. Costs for street sweeping of the portion of street exempted from
the overnight parking prohibition would vary, but is thought to be minimal.
The cost associated with changing the parking meter rate in the Old Pasadena Parking ·
Meter Zone will be offset by the increased revenue.
June 20, 2016
Page 3 of 3
ENVIRONMENTAL DETERMINATION:
This ordinance is exempt from the California Environmental Quality Act pursuant to State
CEQA Guidelines S.ection 15060(c)(2) because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment.
cheleBeal Bagneris
City Attorney
a Rhemrev
As 1stant City Attorney
Steve Mermell
Interim City Manager
THE PASADENA JOURNAL NEWS
1541 N. Lake Ave., Suite A
Pasadena, CA 91104
This space is for Clerk's filing Stamp
PROOF OF PUBLICATION
(2025.5 C.C.P.)
Introduced by Councilmember Kennedy
STATE OF CALIFORNIA
County of Los Angeles
ORDINANCE NO. 7283
SEE ATTACHMENT
I am a citizen of the United States and a resident
of the County of aforesaidl am the Principal clerk of
printer of the Pasadena J oumal, a newspaper of general
circulation printed and published weekly in the County
oflos Angele~ and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court ofthe County ofLos Angeles, Stre of California,
under the date of April16, 1991, Case Number GS000541,
that the notice of which is annexed is a printed copy
(set in type not smaller than nonpareil) has been published
in each regular and entire issue of said newspaper and
not in any supplement thereof on the following dated twit
Published June 30 2016
I certify and declare under penalty perjury that the foregoing
is true and correct
·
Dated at Pasadena. California. this 30th day of June. 2016.
Jeanette M. Beard
PRoo··F OF PUBLICATION
·~··
PROOF OF PUBLICATION
Introduced by Councilm~ber Kennedy
ORDINANCE.NO. 7283 .
. .- .-- -----<ar Tiieiliii1lobfllZfDi'deV1ceorrneclWilsffi--:.
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AN ORDINANCE OF· THE CITY
OF PASADENA AMENDING TITLE
10,· CHAPTER 10.40 BY· ADDING
SECTION 10.40.035·. TO ALLOW
FOR THE IMMOBILIZATION
OF· PARKED CARS; AMENDING
CHAPTER_1o.44, SECTION 10.44~010
BY ADDING SUBSECTIQN.· -"D"
TO ALLOW- ·FOR AN EXElVIPTION
FROM
THE
OVERNIGHT
PARKING PROHIB.ITION; AND
AMENDING CHAPTER 10.45;
SECTION 10.45.100 TO CHANGE
THE METER RATE IN THE OLD
PASADENA PARKING METER
ZONE
shall remain in place-for 72 hours unless the owner has '
complied with Section 22651.7 of~ Vehicle Code or
as a reslilt of a heaiing,held pursuant to Subsection
(c) of this sectiOn it l.s deterrnine'd that tli.e·device· or .
: \ mechariisrn sholild be removed. If the iii'unobilization i
occurs
a vehicle is parked in a tow-away zone
or restricted parking ~ea; ·or: in a location so as to'
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be blocking or impeding_ traffic, then su~h-vehicle is
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subjectto immediate towiiJg and impounding: Booting, ,
_towing and storage fees s~l be paid before the owner
of such vehicle or authorized person shall' be.peirriitted
to rep_ossess or secure tl1e release of.the vehicle, unlesS
·the hearing" officer determineS that such fees are not
requiredpursuanttoSectionl0.4Q.035(c)oftheVehlCle,
Code.Theownerorpersonentitledtopossessionofsuch '
' I vehicle shall also ·be responsible for the· return of the
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immobilizatiop. device or mechanism to the City and
s~ be tespon:siole for an additional' fee of$ 50 per day
for each day, or part thereof: after the 'first 24 hoUr-s for
which the immobilization device Or mechanism i; not ·
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returned to the city, up to a nlaxinnun of$500. ·
(e)
Once a vehichi has be~n immobilized
pin-suant to Vehicle . Code Section 22651.7 or any
other similar provision of law which authorizes
immobilization, no one, other than such persons who
ate authorized by law to do so, shan mobilize a,ny such
vehicle or dainage the immobilization devic~ in any
way.
'(f) No one, other than a person authoriZed
I by law to ·irnrnohilize ·a vehicle pursuarit to Vehicle
Code Section 22~51.7 or other'similar provisionoflaw, ·
shall,· once a vehicle has been so 'irninobiliZe~ cause
any such vehicle to 'be towe'd'frorn. the location where '
immobilized If any such vehicle is so towed both the
personrequestingthe towing sei'vice andthe OPerator of
the towiiig vehicle shall be fu. violation of this· section.
(g) ,- Any violation of either Subsections (e)
and(t) shall constitute arnisdemeanoi:-."·Section2. Title
10, Chapter 10.44, Section 10.44.010 ofthe Pasadena
MunicipalCode is hereby amended by adding Section
10.44.01 OD which reads as follows:
"10:44.010D
·This section shall not apply to the portion of a ·
street or alley that the Director of Transportation has
determined to be exempt after an engineering study and
with.the concim-ence of the Public Works Director. and
the Police Chief Such exerription may be for alf or a
·
portion of the 2:00a.m. to 6:00a.m. period."
Section 3. Title 10, Chapter 10.45, Section
10.45.100, subsection B of tl1e Pasadena Municipal'
Code is hereby amended to read as· follows:·
··
"10:45.100B
parking meter rate in this district shall be
$1 .25 for each sixty minutes:"
. Section 4. Title 10, Chapter 10.45; Section
I
. ; 10.45.100, sUbsection D of the Pasadena Municipal
Code is hereby deleted in its entirety.
·
Section 5. This ordinance shall take effect 30
days following its publication.
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when
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. The People .of the City of P~adena ordairi
~ follow~: __ : . ·
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S~Qnl. Tttle lO,Chapterl 0.40oft;hePasadena
Mumcipal Code-is hereby amended by adding Section
10.40.035 which reads as follows:
"10.40:035 Immobilization . .
--Any law: enforcerrier-t or· Pafking enforcement
officer may irninobiljze any vehicles under
requirementssetforthinSection22651.7 ofthe Vehicle
Code, relating t~ vehicl~s with parkmg violations'
outstanding, as provided in Section 22651.7. An
-administrative fee or fees f<ir sucliirnrnobilizationmay
be established by res~lution of the city counciL Any
vehicle irnrnobilizi:d as set forth herein shiill remain
• immobilized uritil the conditions set forth in Section
1
' . 22651.7 are met, and all applicable administrative fees
are paid to the city.
(a)
Subject to the provisions of Subsection
(b), where_ a vehicle is immobilized pursuant to Vehicle
Code. Section 22651.7 or any other Code section which
authorized similar immobilization, and the owner or,
person in control of the vehicle has been i8sued five or
more notices ofparkllg violations that aie delinquent,
silch oWner or person in control of the vehicle shall be
required topayth.e Departrnentac!J.arg(.: to be determined
by_ the city council for the cost of the iiDrnobiliz,ation.
_ (b) - The charge imposed by Subsection (a)
above shail nOt be applicable to a vehicle which, prior
to release to the qwner, has been so i.rrnllobilized and
- subsequent:lyto:wed to·animpoundgijrage:
(c)
Uponimmo~ilizajionofsuchvr:;hiclethe
perSOn effeCting SUChirninobilization·shall Cause tO be
place<;lonsuchvehicle,inaconspicuousrria1111er;notice
sufficient to, warn any individual tnat such vehi"cle .has
beeninuriobilizedandanyatternpttomove s_uch vehicle
rnightresliltindamage tosuch ~ebicle. Said~otice shall
also State t:Pa~ tttere is right to a post-irnn_lobiliZation
heaiingtOdeterrninetheyalidityofsuchiii:nrtobilization,. I
imdanybooting, towingorstoragech3rges, Slic!:tl!earll!.g _I
shall b~ c'*ducted J>y.. ll ;heariilg ·.offi~er :app~inted
to' coridticto such hearings. This post~irnrnobiliZation­
Will not tie, determinative of or at:ijudicate any :
. '' citation isrued relative or any irru:D.obilized vehicie.
I'fll,e.hearing shall be conducted within. 48 .hoUrs of the
request, excluding weekends and holidays.".Fliilure of"
either the registered o~ legal owner, or J:fis or her ag~t, 1
_
to request or to attend a schedliled heanng shall·sattsfy. ·.
j · the ~ost-irnrn~Qili.zatipnvalidity'heaiing requir~ent j'
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The
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- --- Signf;d aild apPfo~~d thi~27thdayofJUne, 20 16.l
Terry Tomek
Mayor of the City of Pasadena
I
. I HEREBY C~RTIFY that• theJoregoing. i
ordinance was ~dopted by the -City Coiin<iiJ of: the City !
of Pasadena at tts-~eeting held this 27th day of June, .·
1,
2016, by the followtngvote·: , · · ·
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AYES:
CoWJcilmemberS Gordo, Kennedy,
. . . McAu5tin; Wilson, Vice Mayor Masuda,MayorTomek
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NOES:
None
ABSENJ:
Counci.lmembers Hampton,
ABSTAIN:·
None-
Mark Jomslcy,
CMC City Clerk
Date Published June 30, 2016
Pasadena Journal
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