Chapter 6-2 — PARKING METER AND TOW AWAY ZONES

Article 1 Parking Meter Zones(Legislative History: Ordinance No. 70-8, 2/2/70; Ordinance No. 78-35, 7/17/78; Ordinance No. 82-084, 11/1/82; Ordinance No. 2005-007, 6/20/05 (Sections 6-2-115 and 6-2-135); Ordinance No. 2018-001, 3/19/18 (Sections 6-2-100—6-2-145))

(a) Parking Meter Zones: The City Council, on the recommendation of the City Manager, shall by resolution from time to time as traffic conditions require, designate parking meter zones, upon such streets or portions of streets of the City of San Leandro as are selected for the location of parking meter zones; and the City Manager shall cause parking meters to be installed and shall cause parking meter spaces to be designated within parking meter zones, as hereinafter provided. The City Council, on recommendation of the City Manager, may modify or eliminate parking meter zones.

Unless otherwise permitted by signs, no person shall stop, stand or park a vehicle in a parking meter zone between the hours designated within the parking meter zone of any day for longer than the prescribed period. For purposes of this section, the term parking meter zone means an area in which signs, parking meters or curb markings prescribe a designated period for parking of vehicles.

(b) Variations: When temporary special parking or traffic conditions require different hours or days of parking restrictions, the City Manager may vary the hours and days during which the restrictions in the parking meter zones shall be in effect, and, when authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle contrary to the direction or provisions of such signs.

(c) Off-Street Parking Meter Zones: The City Council may by resolution establish off-street parking meter zones, including any land owned, leased, or controlled by the City, as traffic and parking conditions require. Such resolution shall also establish the fees for parking in such off-street parking meter zones.

The City Manager shall cause parking meters to be installed in all parking meter zones upon the curb, sidewalk or other area immediately adjacent to or near each parking space.

No person shall park a vehicle in a parking meter zone, except as otherwise permitted by this Chapter, without immediately depositing payment corresponding to the parking space occupied such lawful payment as is permitted or required by such parking meter, and when required by directions on the meter setting in operation the timing mechanism thereof, unless the parking meter indicates at the time such vehicle is parked that an unexpired portion remains of the period of time for which a payment has previously been deposited.

Each parking meter shall indicate the period of time that a vehicle may legally be stopped, parked or left standing in the regulated parking space.

When any vehicle is parked in any space alongside of or next to a single-space parking meter which is located in accordance with the provisions of this Chapter, or when any vehicle is parked in any space or zone adjacent to which a multi-space parking meter is located in accordance with the provisions of this Chapter, the operator of said vehicle shall, upon entering said parking space or zone, immediately cause to be deposited in the appropriate denomination, or otherwise immediately purchase time using an approved method of payment, according to the time interval desired within the maximum limit and the posted parking rates.

The City Manager shall cause each parking space within a parking meter zone to be marked with white lines designating such parking space. No person shall stop, park or leave standing any vehicle in a parking meter zone in any manner other than wholly within a parking space so designated.

Any person who shall stop, park or leave standing a vehicle in a parking space in a parking meter zone shall immediately thereupon deposit fees as hereinafter prescribed in the parking meter adjacent to or near such parking space.

No person shall stop, park or leave standing any vehicle in a parking space in a parking meter zone at any time during which the parking meter signal indicates that the parking space is not legally in use except during such time as is reasonably necessary to deposit fees in such parking meter.

No person shall purchase time from any parking meter using any method of payment for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space or zone adjacent to which said parking meter is placed.

No person shall stop, park or leave standing any vehicle in a parking space in a parking meter zone for a period of time greater than that prescribed for such parking space.

Any vehicle parked at an inoperable or broken parking meter shall be permitted to park for the maximum time period permitted for that parking meter.

No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, metallic device or other substitute for United States coin.

No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter.

The parking meter fees for the parking meter zones established in this Article shall be in conformance with the latest adopted City user fees and service charges.

The revenue raised by the collection of parking meter fees shall be paid into the treasury of this City, and shall be used for costs of acquisition, installation and maintenance of parking meters, municipal parking lots and traffic control devices; costs of regulation of traffic and parking; and other related costs.

Article 2

Tow Away Zones(Legislative History: Ordinance No. 82-084, 11/1/82; Ordinance No. 2001-011, 4/16/01 (Section 6-2-215))

Any duly authorized and acting police officer of the City of San Leandro is hereby authorized to remove or cause removal of a vehicle from any street within the City of San Leandro when such vehicle is left standing within any area hereinafter designated during the hours in which parking is prohibited at such location. The vehicle shall be removed to a garage or other place of safety designated or maintained by the City of San Leandro.

The owner or person having the right to possession of any vehicle removed pursuant to this Chapter shall pay all such removal, towing and storage charges before he or she shall be entitled to regain possession of such vehicle.

Whenever a vehicle is removed under this Chapter, the officer authorizing such removal shall ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner thereof. If the vehicle is not claimed within 24 hours following removal, the Police Department of the City of San Leandro shall give or cause to be given written notice to the registered and legal owner of the fact of such removal, the grounds therefor and of the place to which such vehicle has been removed.

The City Manager, or his/her designee, shall designate the streets, or portions of streets, to which this Article applies. Signs shall be posted giving notice that such streets, or portions thereof, are tow-away zones.

Article 3

Residential Parking Permit Program(Legislative History: Ordinance No. 2003-001, 2/18/03 (Sections 6-2-300—6-2-365); Ordinance No. 2005-013, 10/6/05 (Section 6-2-360); Ordinance No. 2018-001, 3/19/18 (Sections 6-2-310—6-2-345, 6-2-355))

This Article shall be known as the "Residential Parking Permit Program."

Public streets in neighborhoods in the City have parking accessible to residents in those neighborhoods. Parking by non-residents causes inaccessibility to parking and congestion on neighborhood streets. Such parking by non-residents threatens the health, safety and welfare of all residents of San Leandro. In order to protect and promote the integrity of these neighborhoods, it is necessary to enact parking regulations restricting unlimited parking by non- residents, while providing the opportunity for residents to park near their homes.

Unless the context otherwise requires, the terms used in the Article shall have the following meanings:

"Designated residential parking permit area" means any contiguous area upon which the Council imposes parking limitations pursuant to the authority granted by this Article.

"Non-residential vehicle" means a motor vehicle not eligible to be issued a residential parking permit, pursuant to the terms and conditions of this Article, for the specific area in which it is parked.

"Visitor permit" means a parking permit issued pursuant to this Article or an ordinance enacted pursuant to the authority granted herein, which shall exempt the vehicle from parking time restrictions established pursuant to this Chapter for a period of 14 days, beginning upon the date authorized.

(a) A motor vehicle that has been assigned a valid residential parking permit as provided for herein shall be permitted to stand or be parked in the residential parking permit area for which the permit has been issued without being limited by time restrictions established pursuant to this Article or any resolution hereunder. Any vehicle that has not been issued a valid parking permit shall be subject to the residential parking permit regulation and consequent penalties in effect for such area.

(b) A residential parking permit or any other permit as designated by the Council shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking permit area.

(c) This Article shall not be interpreted or applied in a manner that shall abridge or alter regulations established by authority other than this Article.

(a) There shall be two alternative processes by which the City Council can consider any area for designation as a residential parking permit area:

(1) Resident's Petition: The City Council shall consider for designation as a residential parking permit area any proposed area for which a petition has been submitted that meets and satisfies both requirements and any administrative guidelines adopted by the City Council.

(2) The City Council or City Manager shall consider for designation as a residential parking permit area a location that satisfies both requirements and any administrative guidelines adopted by the City Council.

(i) The City Council or City Manager shall initiate the process for establishing the area as a residential parking permit area.

(ii) A notice of intent to establish permit parking shall be sent to all addresses within the proposed residential parking permit area.

(b) Upon receipt by the City Council of a resident's petition with at least 75% of the residential addresses within the designated area or upon City Council or City Manager initiation as described above, the Engineering and Transportation Department shall do the following:

(1) Undertake or cause to be undertaken any surveys or studies which it deems necessary;

(2) Refer the matter to the Planning Commission for review in its capacity as the Traffic Advisory Commission; and

(3) Present to the City Council for consideration a resolution that would establish a residential parking permit area based upon the aforementioned proposal and studies, including all regulations and time restrictions determined by the City Council to be reasonable and necessary in such area.

(c) The City Council may, by resolution, modify a designated residential parking permit area in any manner consistent with this Article.

(a) Residential parking permits shall be issued by the Finance Department in accordance with requirements set forth in this Article. Permits will be valid in the particular residential parking permit area for which it is issued.

(b) The Finance Department and Engineering and Transportation Departments are authorized to issue such rules and regulations necessary to implement this Article that are consistent with it.

(a) The City Manager, or designee, shall issue residential parking permits with a term not to exceed one year to residents that comply with the requirements set forth in this Article.

(b) A residential parking permit may be issued only to an applicant who can demonstrate that he or she is currently a resident of the area for which the permit is to be issued.

(c) Proof of motor vehicle ownership or vehicle use and control and valid registration shall be demonstrated in a manner determined by the City Manager or designee. Permits are not valid for non-motorized vehicles (i.e., trailers).

(d) The City Council may, by resolution, limit the number of permits issued to any resident or dwelling unit if such limitation would further the goals of the residential permit parking program.

(a) A visitor parking permit may be used on resident or nonresident vehicles. The City Council may, by resolution, authorize the issuance of visitor parking permits in any residential permit parking area. When authorized, visitor parking permits may be issued under the following conditions:

(1) The applicant for a visitor parking permit has not reached the limits, if any, set by the
City Council.

(2) Such other conditions and restrictions that the City Council by resolution imposes or
that the City Manager, or designee, deems appropriate.

(b) Visitor permits must be registered with the City and comply with permit regulations to be
valid in the particular residential parking permit area for which it applies.

(c) A 14 day visitor permit shall, for the period of 14 days, commencing upon the date
authorized, exempt the applicable vehicle from parking time restrictions established
pursuant to this Article.

Upon adoption by the City Council of a resolution designating a residential parking permit area, street parking in the area shall be limited for a period as determined by the Engineering and Transportation Director with input from the area residents and as may be specifically posted; provided, however, that unlimited parking shall be allowed by vehicles for which a residential or visitor's parking permit has been obtained in accordance with requirements of the ordinance unless otherwise designated.

Upon adoption by the City Council of a resolution designating a residential parking permit area and after at least 60% of the households have purchased permits, the Director of the Engineering and Transportation Department, or designee, shall cause appropriate signs to be erected in the area, indicating prominently thereon the area prohibition or time limitation, period of its application, and conditions under which permit parking shall be exempt therefrom.

The annual fee and renewal fee for residential parking permits and for visitor permits, or any other parking permit designated by the City Council, shall be established by City Council resolution.

This Chapter shall be enforced pursuant to Chapter 1-12 of the San Leandro Municipal Code. The following acts shall constitute fraudulent use of a permit punishable by a fine to be prescribed by City Council resolution and/or revocation of any permit currently held. Violations of this Article shall include, but are not limited to, the following:

(a) Falsely representing oneself as eligible for a parking permit or furnishing false information
in an application therefor.

(b) Copying, reproducing, or otherwise bringing into existence counterfeit parking permit or
permits without written authorization from the Finance Director.

(c) Knowingly using or displaying a facsimile or counterfeit parking permit in order to evade
time limitations on parking applicable in a residential parking permit area.

(d) Changing dates on a visitor parking permit without written authorization from the Finance
Director.

(e) Knowingly committing any act that is prohibited by the terms of this Chapter or any
ordinance or resolution enacted by authority granted by this Chapter.

A residential parking area may be revoked by resolution of the City Council after following the same procedures for establishing a residential parking permit area as set forth in Chapter 2-320 of this Article.

If 60% of the households in a residential parking area fail to purchase permits after being duly

noticed, the City Manager may revoke the residential parking area upon notice to the residents without further action of the City Council.

The Finance Department and the Engineering and Transportation Department are empowered to issue rules and regulations consistent with this Chapter.

Article 4

Employee Parking Permit Program(Legislative History: Ordinance No. 2018-14, 9/4/18 (Sections 6-2-400—6-2-460))

This Article shall be known as the "Employee Parking Permit Program."

Convenient public parking in San Leandro should be accessible and available to customers and visitors. Utilization of these spaces by employees can cause congestion in commercial areas, specifically in retail centers. Long-term parking by non-customers threatens the access to and success of San Leandro businesses. In order to protect and promote the integrity of these businesses, it is necessary to enact parking regulations designating certain streets as employee parking permitted areas. The Employee Parking Permit Program is intended to regulate where employees can park long-term to allow convenient parking to remain available for customers.

Unless the context otherwise requires, the terms used in this Article shall have the following meanings:

"Designated employee parking permit area" means any contiguous area upon which the City Manager or Engineering and Transportation Director imposes parking limitations pursuant to the authority granted by this Article.

"Employee vehicle" means a motor vehicle that has been issued an employee parking permit, pursuant to the terms and conditions of this Article, for a specific designated employee parking permit area.

(a) An employee vehicle shall be permitted to stand or be parked in the designated employee parking permit area for which the permit has been issued with limited time restrictions established pursuant to this Article or any administrative guidelines adopted hereunder. Any vehicle that has not been issued a valid employee parking permit shall be subject to the employee parking permit regulation and consequent penalties in effect for such designated employee parking permit area.

(b) An employee parking permit or any other permit as designated by the City Manager shall not guarantee or reserve to the holder thereof an on-street parking space within the designated employee parking permit area.

(c) This Article shall not be interpreted or applied in a manner that shall abridge or alter regulations established by authority other than this Article.

AREA.

The City Council shall establish administrative guidelines for the consideration of the designation of designated employee parking permit areas.

(a) The City Council shall establish administrative guidelines for the issuance of permits for employee vehicles to utilize designated employee parking permit areas consistent with the requirements of this Article and any resolutions adopted by the City Council.

(b) Employee parking permits shall be issued in accordance with any administrative guidelines established by the City Council.

(a) The City Manager or the Engineering and Transportation Director shall issue employee parking permits, with a term not to exceed one year, for employee vehicles to employees that are eligible for an employee parking permit.

(b) An employee parking permit shall only be issued to an applicant who is qualified under the administrative guidelines established pursuant to this Article for an employee vehicle in a designated employee parking permit area.

(c) Proof of motor vehicle ownership or vehicle use and control and valid registration shall be demonstrated in a manner acceptable to the City Manager or the Engineering and Transportation Director. Permits are not valid for non-motorized vehicles (i.e., trailers).

(d) The City Manager may limit the number of permits issued to any person if such limitation would further the goals of the Employee Parking Permit Program.

AREA.

Upon establishment of a designated employee parking permit area, street parking in the area shall be limited for a period designated by the City Manager or Engineering and Transportation Director; provided, however, that parking shall be allowed by employee vehicles in eligible designated employee parking permit areas.

Upon establishment of a designated employee parking permit area, the Engineering and Transportation Director, or designee, shall cause appropriate signs to be erected in the designated employee parking permit area, indicating prominently thereon the area prohibition or time limitation, period of its application, and conditions under which a vehicle shall be exempt therefrom.

The annual fee and renewal fee for parking permits for employee vehicles, or any other parking permit designated by the City Council shall be established by City Council resolution.

This Chapter shall be enforced pursuant to Chapter 1-12 of the San Leandro Municipal Code. The following acts shall constitute fraudulent use of a permit punishable by a fine to be prescribed by City Council resolution and/or revocation of any permit currently held. Violations of this Article shall include, but are not limited to, the following:

(a) Falsely representing oneself as eligible for a parking permit or furnishing false information
in an application therefor.

(b) Knowingly committing any act that is prohibited by the terms of this Chapter or any
ordinance, resolution, or administrative guidelines enacted by authority granted by this
Chapter.

A designated employee parking area may be revoked by the City Manager or Engineering and Transportation Director utilizing any administrative guidelines adopted by the City Council.

The City Manager and Engineering and Transportation Department are empowered to issue rules and regulations consistent with this Chapter.

Article 5

Electric Vehicle Charging Stations(Legislative History: Ordinance No. 2014-016, 10/6/14; Ordinance No. 2018-001, 3/19/18 (Section 6-2-405); Ordinance No. 2018-014, 9/4/18 (Sections 6-2-500—6-2-510))

The definitions given in this section govern the construction of this Article:

An "Electric Vehicle (EV)" shall be defined as any motor vehicle registered to operate on California public roadways and operates either partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. Electric vehicle includes: (1) a battery electric vehicle (BEV); (2) a plug-in hybrid electric vehicle (PHEV); (3) a neighborhood electric vehicle (NEV); (4) an electric motorcycle.

"Charging" shall mean an electric vehicle parked at an electric vehicle charging station that is electrically connected to the charging station equipment.

"Electric Vehicle Charging Station (EVCS)" shall mean a public parking space that is served

by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in a plug- in electric vehicle.

Each electric vehicle parking stall will be clearly marked with signage. When so marked, it is unlawful to park in a designated electric vehicle charging station parking stall unless the vehicle is actively charging.

Fees will be charged for electric vehicle charging in conformance with the latest adopted Title 6, Chapter 4, Section 6.4.100 of the San Leandro Administrative Code. In order to encourage and facilitate maximum usage of the charging station, fees will be charged in two tiers. The first four hours of charging will be at the initial rate, and shall be the first tier; any hour or portion of an hour beyond four hours will be charged at the rate specified in the City user fees and service charges, and shall be the second tier.