Yuba County Municipal Code Ch. 9.45 Privately Owned Off-Street Parking Lots

This Chapter is enacted under authority of Vehicle Code § 21107.8.

(Prior Code, § 9.45.010; Ord. No. 541; Ord. No. 741)

The Board of Supervisors finds and declares as follows:

(1) Resolution No. 1972-103, adopted June 20, 1972, called for a public hearing to be held on July 7, 1972, at 10:00 a.m. in the supervisors Chamber of the Courthouse, 215 Fifth Street, Marysville, California, on the question of the adoption of an ordinance pursuant to Vehicle Code § 21107.8 to apply traffic controls to the privately owned and maintained off-street parking facilities hereinafter described.

(2) Notice of said hearing was duly and regularly published in the Appeal-Democrat, a newspaper of general circulation published and circulated in the County of Yuba and notice of said hearing was served by certified mail upon Albert J. Arostegui and Margaret S. Arostegui, his wife; Robert W. Steel and Margaret H. Steel, his wife; Lonnie Grady Lamon; William Henry Lamon, and John Albert Lamon, owners of the area designated as the College Center Mall, and upon Makad, Inc., owner of the area designated as the Linda Mall.

(3) Said public hearing was duly held on July 7, 1972, at the time and place aforesaid.

(4) The College Center Mall is located at North Beale Road and Lowe Avenue and is more particularly described as a parcel of land 1,100 feet in length and bounded by North Beale Road to the north and Lowe Avenue to the east, said parcel varying in depth from 200 feet more or less on the westerly side to 350 feet more or less on the easterly side, excepting therefrom the most north-easterly 0.64 acre, more or less, Yuba County, California.

(5) The Linda Mall is located at North Beale Road, Lindhurst Avenue, Scales Avenue, State Highway 70 and Feather River Boulevard, more particularly described as that parcel of land bounded by North Beale Road and Lindhurst Avenue to the northeast; Scales Avenue to the southeast; State Highway No. 70 to the southwest; and Feather River Blvd. to the northwest, (excepting therefrom that portion which lies within the right-of-way limits of Leon Avenue), Yuba County, California.

(6) Both the College Center Mall and the Linda Mall have located thereon privately owned and maintained off-street parking facilities that are generally held open for use of the public for purposes of vehicular parking.

(7) The protection of the health, safety, and welfare of the general public requires the application of Vehicle Code §§ 22350, 23103, and 23109 for the privately owned and maintained off-street parking facilities described in Sections 9.45.020(d), and 9.45.020(e) of this Chapter.

(Prior Code, § 9.45.020; Ord. No. 541)

The provisions of Vehicle Code §§ 22350, 22507.8, 23103, and 23109 are hereby made applicable to the privately owned and maintained off-street parking facilities more particularly described in Sections 9.45.020(d) and (e) of this Chapter.

(Prior Code, § 9.45.030; Ord. No. 541; Ord. No. 741)

(a) Except as otherwise provided in the Vehicle Code, any person violating any of the provisions of Vehicle Code §§ 22350, 22507.8, 23103 or 23109, or any of the provisions of this Chapter, or disobeying any signs or markings installed pursuant to this Chapter, shall be guilty of an infraction. Pursuant to Vehicle Code § 42001.13, every person convicted of an infraction for a violation of Vehicle Code § 22507.8 shall be punished.

(1) For a first conviction, by a fine of not less than $100.00 nor more than $250.00.

(2) For a second conviction within one year, by a fine of not less than $150.00 nor more than $500.00.

(3) For a third or any subsequent conviction within three years, by a fine of not less than $250.00 nor more than $500.00.

(b) Except as provided above, every person convicted of an infraction for a violation of this Chapter shall be punished by:

(1) A fine not exceeding $100.00.

(2) For a second infraction occurring within one year of a prior infraction that resulted in a conviction, a fine not exceeding $200.00.

(3) For a third or subsequent infraction occurring within one year of two or more prior infractions that resulted in convictions, a fine not exceeding $250.00.

(Prior Code, § 9.45.040; Ord. No. 541; Ord. No. 741)

State Law reference— Penalties for traffic violations, Vehicle Code § 42000 et seq.

This Chapter shall take effect when and if the owner or operator of the aforesaid privately owned and maintained off-street parking facilities shall cause to be posted in a conspicuous place at each entrance to such off-street parking facility a notice not less than 17 inches by 22 inches in size with lettering not less than one inch in height to the effect that such off-street parking facility is subject to traffic regulations and control.

(Prior Code, § 9.45.050; Ord. No. 541)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, 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 validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.