Malibu Municipal Code Ch. 10.20 Restricting Parking in the Malibu Country Estates and Creating Permit…

This chapter shall be known as the "Ordinance Restricting Parking in the Malibu Country Estates and Creating Permit Parking for Residents."

(Ord. 291 § 2, 2006)

As used in this chapter:

"Dwelling unit"

means any self-contained house, apartment, stock cooperative, or condominium occupied solely for residential purposes.

"Preferential parking zone"

means the residential area with streets and boundaries designated in Section 10.20.050 of this chapter, wherein vehicles displaying a permit shall be exempt from parking restrictions established pursuant to this chapter.

"Resident"

means any person who lives in a dwelling unit located in the preferential parking zone.

(Ord. 291 § 2, 2006; Ord. 298 § 1, 2006)

A. The public works department shall issue permits for preferential parking and collect all fees. No permit will be issued to any applicant until that applicant has paid all of his or her outstanding parking citations, including civil penalties and related fees. Permit fees shall cover the cost of establishing and maintaining the preferential parking zone. These fees shall be set by city council resolution at the time of parking zone designation.

B. Duration. Preferential parking permits issued pursuant to this section shall remain in effect for a period of one calendar year or fraction thereof, or as long as the permit holder continues to reside in the dwelling unit for which the permit was issued or until the preferential parking zone is eliminated, whichever period of time is less. In the event the preferential parking zone is eliminated, or the permit holder moves from the preferential parking zone, or any other circumstance under which the permit is not used the full period it is valid, no refund of permit fees will be issued.

C. Preferential Parking Permits. Applicants shall be required to present proof of residency in the preferential parking zone and all preferential parking permits shall be imprinted with the address of the resident applicant. No more than two preferential parking permits will be issued per dwelling unit per year.

D. Additional Permit for Nonresident Caregiver. Notwithstanding the two permit limitation, the director of public works may issue one additional preferential parking permit per dwelling unit upon proof that the additional permit will be used exclusively by a nonresident caregiver who is attending to the care of a resident at the household during the hours the parking is restricted.

E. Availability of Parking. A preferential parking zone permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated preferential parking zone.

F. Restrictions and Conditions. Each permit issued pursuant to this section shall be subject to each and every condition and restriction set forth in this chapter including conditions or restrictions that may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for, or approval of, any violation of this code or any other law or regulation.

(Ord. 291 § 2, 2006; Ord. 298 § 2, 2006)

Upon application, the director of public works may grant a hardship exemption from the parking permit fee. The application shall be on the form provided by the department of public works and shall include sufficient evidence to establish whether the applicant qualifies for an exemption pursuant to this section and shall be signed by the applicant under penalty of perjury. The director of public works shall grant the exemption for any qualified applicant.

A. Qualification. To qualify for the permit fee hardship exemption, the applicant must satisfy all of the following criteria:

1. The applicant must present adequate evidence that he or she would qualify for the California Alternate Rates for Energy (CARE) program;

2. The combined value of assets owned by the applicant must not exceed $150,000 excluding the value of the residence itself;

3. No person other than the applicant can declare the applicant as a dependent for purposes of federal or state taxes.

B. In the event that the applicant, after receiving the hardship exemption, at any time ceases to satisfy all of the foregoing criteria, from that point on, the applicant will not be qualified to receive, and shall not receive, the hardship exemption.

(Ord. 291 § 2, 2006)

No parking between the hours of two a.m. and five-thirty a.m. except with a preferential parking permit in these areas:

(Ord. 291 § 2, 2006; Ord. 298 § 3, 2006)

The following vehicles shall be exempt from parking restrictions pursuant to this chapter:

A. A vehicle owned or operated by a utility, whether privately or publicly owned, when used in the course of business;

B. A vehicle owned or operated by a governmental agency when used in the course of official government business;

C. A vehicle that has been issued an authorized emergency vehicle permit by the commissioner of the California Highway Patrol, when that vehicle is used in the course of business;

D. A vehicle displaying an authorized exception card issued by the city of Malibu.

(Ord. 291 § 2, 2006)

A. It is unlawful for any person to sell, rent, or lease, or cause to be sold, rented, or lease for any value or consideration any preferential parking zone permit. Upon the conviction of a violation of this subsection, all permits issued to, or for the benefit of, the dwelling unit for which the sold, rented, or leased permit was authorized shall be void. Any person so convicted shall be subject to a fine of $500.

B. It is unlawful for any person to buy or otherwise acquire for value or use any preferential permit, except as provided for in this chapter, and any person so convicted shall be subject to a fine of $500.

(Ord. 291 § 2, 2006)

No vehicle shall be parked or stopped adjacent to any curb in the preferential permit zone in violation of any posted or noticed prohibition or restriction, unless a preferential parking permit is prominently displayed on the vehicle as directed by the city.

Any person violating this chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250 or a misdemeanor which shall be punishable by a fine not exceeding $1,000 per violation, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 291 § 2, 2006; Ord. 298 § 4, 2006)