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HomeMy WebLinkAboutD- 4 Ordinance Amending Chapter 74 Section 74-460 and 74-461 Azusa Municipal Code Concerning Disabled Parking OP 414, AZUSA AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KING DAVIS, CHIEF OF POLICE VIA: RICK COLE, CITY MANAGER /14 DATE: OCTOBER 1, 2001 SUBJECT: ORDINANCE AMENDING CHAPTER 74 SECTION 74-460 AND 74-461 AZUSA MUNICIPAL CODE CONCERNING DISABLED PARKING RECOMMENDATION: It is recommended by staff and the Architectural Barriers Commission that the City Council approve first reading of the ordinance amendments as requested. BACKGROUND: In the course of reviewing the City of Azusa municipal code regulations governing disabled parking on private property, the Police Department, Traffic Division, found that Sections 74-460 and 74-461 were in need of clarification. The Police Department believes that amending the municipal code to provide clarity will better serve the disabled and avoid public confusion. The proposed code amendments have been reviewed and approved by the Architectural Barriers Commission. Section 21107.8 Vehicle Code states as follows: "21107.8. (a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, 1 4 /0/4/40a / -e1/1 and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). (b) Notwithstanding the provisions of subdivision (a), no ordinance or resolution enacted thereunder shall apply to any offstreet parking facility described therein unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public traffic regulations and control. (c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under subdivision (b). [Emphasis Added] (e) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. " In the course of enforcing disabled parking statutes, the Police Department has also found that many complaints from the disabled about unlawful use of disabled parking spaces by non-disabled persons are difficult to enforce due to missing or faded signs, or the use of disabled parking spaces for materials storage which does not constitute a "parking" violation. Accordingly, the proposed ordinance revisions include additional requirements to maintain required or designated disabled parking spaces, along with provisions which would prohibit use of disabled parking spaces for other purposes. These amendments would be consistent with language within the California Building Code (1998 Edition)Section 1101B.3 as adopted in Chapter 14,Article 14-1 Azusa Municipal Code,and would provide additional clarity for parking lot owners to maintain parking for the disabled. Section 1101B.3 California Building Code states as follows: 2 "1101 B.3 Maintenance of Accessible Features. 1. A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and usable by persons with disabilities. 2. This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. " Existing language along with the proposed changes to Sections 74-460 and 74-461 Azusa Municipal Code are shown below in a"strikeout" format,wherein existing language proposed to be removed is depicted with a "strikeout", and new or revised language is depicted with "underlines": Sec. 74-460. Handicapped parking in private offstreet parking facilities--Generally. Pursuant to Vehicle Code § 21107.8, the city council does find and declare that there are within the city a substantial number of privately owned and maintained offstreet parking facilities that are generally held open for use by the public for vehicle parking. The protection of the public peace and safety requires that Vehicle Code §§ 22350, 22507.8, 23103 and 23109 applies to such privately owned and maintained offstreet parking facilities when the owner or operator of privately owned and maintained offstreet parking facilities has filed with the traffic engineer the following: (1) A description of the offstreet facility sufficient to identify it. (2) A written request that this section and sections 74-46174- 462 become applicable to the described offstreet parking facility. (3) A certification executed under penalty of perjury that there has been erected in a conspicuous place at each entrance to such offstreet parking facility a notice of not less than 17 inches by 22 inches in size with lettering not less than one inch in height to the effect that such offstreet parking facility is subject to public traffic regulations and control. 3 Sec. 74-461. . Parking For The Disabled. • - _ • • • : 1. Pursuant to Section 21107.8 (d) Vehicle Code, nothing in this Chapter shall prohibit or restrict enforcement of Section 22507.8 Vehicle Code on publicly or privately owned and maintained offstreet parking facilities when such parking stall or space is designated pursuant to Section 22511.7 or 22511.8 of the Vehicle Code if immediately adjacent to and visible from such stall or space there is posted a sign consisting of a profile view of a wheelchair with an occupant in white on a blue background, unless a vehicle displays either one of the distinguishing license plates or a placard issued pursuant to Vehicle Code § 22511.5 or to disabled veterans as specified in Vehicle Code § 9105. 2. All required or designated disabled parking stalls and spaces shall be maintained in accordance with provisions of the State Building Standards Code. Said maintenance shall include the replacement or repair of any damaged, defaced, faded, or missing signs, pavement stenciling, and required stall or space striping. 3. It shall be unlawful to allow vegetation, or any non- vehicle obstructions, materials, containers, equipment, or other objects, or temporary structures in, on, above, or around a required or designated parking stall or space in such a manner as to obstruct, prevent access to, or otherwise diminish the availability of required or designated parking spaces or stalls for the disabled. FISCAL IMPACT: There is no fiscal impact as a result of this item. 4