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HomeMy Public PortalAboutOrd. 1590ORDINANCE NO. 1590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, ADDING A NEW SUBSECTION 7- 20.20.1 TO CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING A VEHICLE IMMOBILIZATION ( "BOOT ") PROGRAM APPLICABLE TO VEHICLES WITH MULTIPLE UNPAID PARKING VIOLATIONS WHEREAS, California Vehicle Code sections 22651(i) and 22651.7 grant the City authority to tow or immobilize vehicles issued five or more unpaid notices of parking violations that are at least twenty -one (21) days old; and WHEREAS, the City currently tows those vehicles issued five or more unpaid notices of parking violations that are at least twenty -one (21) days old, and WHEREAS, a Vehicle Immobilization ( "Boot ") Program will allow the City to immobilize vehicles with the requisite number of unpaid City parking tickets and provide an additional method of deterring parking violations in the City; and WHEREAS, an Administrative Vehicle Immobilization Release Fee will generate the revenue required to cover the City's direct and indirect costs associated with the operation and administration of the Boot Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOWS: Section 1. A new Subsection 7- 20.20.1 of Chapter 7 of the Lynwood Municipal Code is hereby adopted to read as follows: 7- 20.20.1 Vehicle Immobilization. a. Definitions. For the purposes of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Highway" shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Highway includes street. "Immobilization Device" means a vehicle boot or other restraint device designed to prevent operation of a vehicle. b. Authorization to Use Vehicle Immobilization Device. Under the direction of the City Manager, the City Parking Control Manager is authorized to direct and supervise a program of.vehicle immobilization as provided in this Subsection. The program of vehicle immobilization shall provide for placement of an Immobilization Device on any Eligible Vehicle in such a manner as to prevent its operation. C. Eligible Vehicles. Vehicles found on a highway or any public lands within the City which are known by the City to have been issued five or more notice of parking violations which are delinquent may be immobilized under the requirements set forth in section 22651.7 of the California Vehicle Code (the "Vehicle Code "). d. Procedures to be Promulgated. Prior to the effective date of this ordinance, the Director of Development Services or his /her designee shall promulgate procedures to govern the day -to -day operation of City's vehicle immobilization program (including, but not limited to, immobilization notification, requirements for release of immobilized vehicles and post - immobilization hearing procedures). Such procedures shall comply with the requirements set forth in section 22651.7 and other applicable provisions of the Vehicle Code. e. Administrative Vehicle Immobilization Release Fee to be Established. An administrative vehicle immobilization release fee shall be established from time to time by resolution of the City Council and set forth in the City's Master Fee Schedule. Any vehicle immobilized under the authority of this Subsection shall remain immobilized until the conditions set forth in Vehicle Code section 22651.7 are met and all applicable administrative fees are paid to the City. The administrative immobilization release fee shall not be applied to a vehicle which has been immobilized and subsequently towed to an impound garage prior to its release to the owner. f. Unauthorized Removal of Boot Unlawful. It shall be unlawful and a misdemeanor for any person other than a regularly employed and salaried employee of the City who is engaged in directing traffic or enforcing parking laws and regulations of the City to remove, damage, tamper with, attempt to drive away or otherwise interfere with the placement of a vehicle immobilization device on an eligible vehicle. Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 2nd day of January, 2007 and adopted and ordered published at a regular meeting of said Council held on the 16'" day of January, 2007. ATTEST: Andrea L. Hooper City Clerk APPROVED AS TO FORM J. Arnoldo Beltran City Attorney 0 L uis Byrd, May r City of Lynwood APPROVED AS TO CONTENT Grant Taylor Development Services Director STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of.Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the. day of JANUARY 2006. AYES: COUNCILMEMBERS, JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD . NOES: NONE ABSENT: NONE ABSTAIN: NONE Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of. said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1590 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 16TH day of JANUARY , 2006. Andrea L. Hooper, City Clerk