Article 3 — Regulations for the Pacifica State Beach Parking Lots

It is the purpose of this article to promote public health, safety and welfare by adopting regulations concerning use of the Pacifica State Beach and Crespi parking lots, as well as to reasonably reimburse the City for the services it provides thereat.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

For purposes of this article, the following terms are defined as follows:

"Director" means the Director of Parks, Beaches and Recreation or the Director's designee;

"Park" means to stand, leave standing or store any vehicle, whether occupied or not, in the parking lots;

"Parking lots" mean the Pacifica State Beach Parking Lot, located at 5150 Cabrillo Highway, and Crespi Parking Lot, located at 540 Crespi Drive.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

(a)

The City Council, by resolution, will set the amounts for both the daily parking fees and annual parking permit fees, as set forth in this article. A list of currently-enforced daily parking fees will be posted at the parking lots on the fee box or general electric meter, or other similar device. The current annual parking permit fee is available at the Department of Parks, Beaches and Recreation.

(b)

The City Council, by resolution, will set the amounts for the initial, hourly, and daily fines imposed in connection with the issuance of citations as set forth in this article.

(c)

The City Council, by resolution, will set the amounts for any fees imposed in connection with the appeal of an annual permit revocation, as set forth in this article.

(d)

All fees and fines established by the City Council as provided in this section may, from time to time, be modified by resolution.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

(a)

No person may park any vehicle in, or allow any vehicle to be parked in, the parking lots, without first depositing the required fee in the fee box or general electric meter, or other similar device, at the parking

lots. A receipt for payment of this fee shall be prominently displayed in the interior front window or dashboard area of said vehicle so that it is viewable at all times by an enforcement official. The requirement of a fee shall not apply to vehicles that are in the parking lots while the activity of loading or unloading persons or property therefrom is underway or ongoing.

(b)

Payment of the daily fee is for one motor vehicle and is non-transferable. The parking fee program will operate daily from 8:00 a.m. to 8:00 p.m. Ambulances and other emergency response vehicles, as well as those used for official City business, are not required to pay this fee to park in the parking lots.

(c)

The City Council may, by resolution, waive or suspend the requirement of the fee imposed by this section for the duration of a special event or holiday.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

(a)

In lieu of paying the daily parking fee set forth in Section 4-10.304, persons desiring to have re-entry parking privileges in the parking lots may purchase an annual parking permit. Such permits shall be valid for a twelve-month period from the date of sale. The Director shall establish the method(s) and means or procedures by which these permits will be sold.

(b)

Payment tendered for any annual permit fees are non-refundable.

(c)

Applications for an annual permit shall be made on a City-approved form, which shall be completed in its entirety and tendered with the required fee to the City in the manner established by the Director. Tender of a non-negotiable check shall render an annual permit void without further action or notice by the City and the City shall be reimbursed for all charges and costs resulting from a non-negotiable check before issuing a new annual permit to the applicant in any calendar year.

(d)

An annual permit issued pursuant to this section shall be for one motor vehicle. Each permit shall contain the license number of the motor vehicle to which it is issued and the year for which such permit is valid. An annual permit shall not be transferable to any other vehicle. The permit shall be prominently displayed in the interior front window or dashboard area of said vehicle so that it is viewable at all times by an enforcement official. An annual permit holder shall purchase a new permit if a previously issued permit is lost or misplaced for any reason.

(e)

The City Council may, by resolution, waive or suspend the requirement of an annual permit under this section for the duration of a special event or holiday.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

(a)

Parking of a vehicle in the parking lots during the program operational times set forth in Section 4-10.304, except in the designated free parking spaces, without clear exterior display of a valid receipt or valid annual permit for said vehicle shall constitute an offense of this article for which a parking citation may be issued to the registered owner of said vehicle.

(b)

Enforcement officials are authorized to remove, or cause removal of, a vehicle from the parking lots when said vehicle does not clearly display a valid receipt or valid annual permit. Removal of a vehicle pursuant to this section shall be subject to the following regulations:

(1)

Prior to removing or causing the removal of the vehicle, the enforcement official shall confirm that the sign or signs required by this article are present in the parking lots. If any of the signs required by this article are missing, the enforcement official will not cause the removal of the vehicle.

(2)

Enforcement officials are, notwithstanding the requirements in the foregoing subsection, authorized to immediately remove a vehicle that poses a hazard to pedestrians or other vehicles due to its location or condition while in the parking lots, or if a vehicle obstructs entry therein or egress therefrom.

(c)

Payment of a daily fee or procurement of a valid annual permit only authorizes the parking of a vehicle in the parking lots. At no time may a vehicle be used, or allowed to be used, in the parking lots for a purpose that is prohibited pursuant to any other provision of the Pacifica Municipal Code, or by reason of any other local, state or federal law or regulation. Such actions constitute criminal offenses that, where applicable, are punishable in accordance with the penalty provisions of Title 1, Chapter 2, of the Pacifica Municipal Code.

(d)

Use, or attempted use, of an annual permit that has been revoked pursuant to Section 4-10.307, shall constitute an offense of this article for which a parking citation may be issued to the registered owner, and said offense shall also be cause to remove the vehicle from the parking lots.

(e)

The penalty for a citation issued in connection with subparts (a) or (d) of this section shall be a fine established by the City Council. If a vehicle remains illegally parked after receiving a first citation, each hour

thereafter may be deemed a separate offense and a citation issued for it, not to exceed the maximum fine for the same violation within a twenty-four-hour period, as established by the City Council. For each day after receiving an initial citation that a vehicle remains illegally parked, a separate daily citation may be issued accompanied by a daily fine. Parking citations issued pursuant to this section will be processed in accordance with the City's existing parking citation program.

(f)

Citations and enforcement actions relating to this article may be undertaken by Park Rangers, and other personnel of the Departments of Public Works, Parks, Beaches and Recreation, and Police, as well as by any other public employees or public contract agents as designated in writing by the City Manager.

(g)

The Public Works Department, or other City personnel as designated by the City Manager, shall cause and maintain the display of one or more signs on the parking lots advising the public in summary fashion of the obligations, limitations and consequences for violations set forth in this article.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

(a)

The following actions shall constitute a basis for the Director to revoke an annual permit and render it void:

(1)

Use of an annual permit, or the attempted use of an annual permit, by a vehicle other than the vehicle for which the annual permit was issued.

(2)

The issuance of more than one parking citation concerning the parking lots to any annual permit holder in any calendar year for which a fine is paid or remains due.

(3)

More than one instance in a calendar year where a vehicle for which an annual permit has been issued is removed from the parking lots for any violation of this article.

(b)

The Director shall notify an annual permit holder by first-class mail of the revocation of an annual permit pursuant to this section. The effective date of an annual permit's revocation is the date said notice is delivered to the U.S. Postal Service. An annual permit holder's failure to receive a notice shall not invalidate a revocation of an annual permit.

(c)

An annual permit holder may appeal revocation of an annual permit by tendering a letter of appeal along with an appeal fee to the Director at City Hall, within fourteen (14) calendar days from the date of mailing of a Notice of Revocation. Tender of a non-negotiable check or other instrument of payment shall render an appeal incomplete but not extend the deadline to comply with the requirements for a proper appeal. The Director's timely receipt of a letter of appeal and the required fee shall stay the revocation pending an initial review of the matter. The absence of timely appeal constitutes a waiver of an annual permit holder's right to appeal and renders the Notice of Revocation final.

(d)

Upon receipt of the letter of appeal, the Director, or a designee thereof, shall conduct an initial review of the appeal request and make a determination as to whether the revocation should be cancelled. Cancellation is warranted if the Director or designee is satisfied that:

(1)

The violation did not occur; or

(2)

Extenuating circumstances make dismissal of the revocation appropriate in the interest of justice.

(e)

The Director or designee shall mail a notice of the results of the initial review to the person contesting the revocation and the specific reasons for the determination. If the determination is to revoke the annual permit, the notice must include a notification of the ability to request an administrative hearing.

(f)

If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than twenty-one (21) calendar days following the date of mailing of the results of the initial review. The request may be made by telephone, in writing, or in person. The City Manager, or a designee thereof, shall conduct a hearing provided that the person requesting the hearing is given seven (7) calendar days' advance written notice of the date, time and place of the hearing. A decision shall be rendered within five (5) calendar days of the date of the hearing, and will be accompanied by the reasons for the decision. The decision of the City Manager, or a designee thereof, shall be final. A permittee's failure to receive a notice, or timely notice, shall not invalidate a hearing pursuant to this section.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

The provisions of this article shall control for regulation of the parking lots if other provisions of the Pacifica Municipal Code conflict therewith. This article shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties or prohibitions are imposed thereby.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)

If any provision of portion of this article is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions of this article. The City Council declares that this article, and each section, subsection, sentence, clause and phrase thereof, would have been adopted by the City Council regardless of the fact that any other section, subsection, sentence, clause or phrase might be declared to be invalid or unconstitutional.

(§ 1, Ord. 791-C.S., eff. May 22, 2013)