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