ORD 15-18 OMC Chapter 10.42 Parking in off street Parking LotsORDINANCE NO. 15-18
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REPEALING AND
REPLACING CHAPTER 10.42 OF THE ORANGE
MUNICIPAL CODE PERTAINING TO PARKING
IN OFF-STREET PARKING LOTS.
WHEREAS, the California legislature has given authority to local municipalities to
regulate off-street parking facilities in California Vehicle Code Section 21107.8 and Section
25000 et. seq.; and
WHEREAS, the City Council has historically exercised this authority in Orange
Municipal Code Chapter 10.42; and
WHEREAS, Chapter 10.42 has not been updated in many years and contains references
to locations whose names have changed and parking restrictions that are no longer necessary;
and
WHEREAS, with the addition of the new Old Towne West/Metrolink parking structure,
changes to Chapter 10.42 were needed to meet the needs of the structure and update the code.
NOW THEREFORE,the City Council of the City of Orange does ordain as follows:
SECTION I.
REPEAL AND REPLACE CHAPTER 10.42—OFF-STREET PARKING LOTS.
Chapter 10.42 of Title 10 of the Orange Municipal Code is hereby repealed and replaced
by this new Chapter 10.42 as follows:
Chapter 10.42 - OFF-STREET PARKING LOTS
10.42.010 -Privately Owned and Maintained Facilities—Generally.
Pursuant to the authority of Section 21107.8 of the California Vehicle Code, the City
Council does declare that there now exists within the City privately owned and maintained off-
street parking facilities, which off-street parking facilities are generally held open for use of the
public for purposes of vehicular parking, and that it is in the public interest to declare that
Sections 22350, 23103 and 23109 of the California Vehicle Code shall apply to those certain off-
street parking facilities more particularly described in a separately enacted Resolution(s).
Ords. 15-18; 19-82; 66-76; 7-73: Prior Code 10.24.010)
10.42.030 -Privately Owned and Maintained Facilities—Posting Requirements.
Section 10.42.010 shall not apply to any off-street parking facility approved pursuant to
the ordinance codified in these sections and identified in a separately approved Resolution(s)
unless the owner or operator has caused a notice to be posted in a conspicuous place at each
entrance to such off-street parking facility not less than eighteen by twenty-four inches in size
with lettering not less than one inch in height, to the effect that such off-street parking facility is
subject to public traffic regulations and control.
Ords. 15-18; 19-82; 66-76: Prior Code 10.24:030)
10.42.040—Public Off-Street Parking Lots—Generally.
Any person stopping or parking a vehicle upon any public off-street parking lot owned by
and under the control of the City and located in the City is subject to the provisions of Sections
10.42.050 through 10.42.070, in addition to all other applicable provisions of this chapter.
Ords. 15-18; 19-82; 654: Prior code 10.24.040)
10.42.050—Public Off-Street Parking Lots—Three-Hour Limit.
No person shall stop or park a vehicle longer than three hours continuously during
designated hours of designated days upon any parking lot or part thereof, owned and under the
control of the City and located in the City as so designated by Resolution(s) and only after
appropriate signage advising of the time limits have been posted.
Ord. 15-18; 19-03 § 5, 2003: Ords. 69-69; 41-78; 41-71: 6-54: Prior Code 10.24.050)
10.42.060—Public Off-Street Parking Lots—Shorter Time Limit.
The City Council may, from time'to time, by motion or resolution, designate a shorter
parking time limit on any parking lot or part thereof, owned or under the control of the City.
However, before the shorter parking time limit so designated by motion or resolution shall be
effective as to a particular parking lot or part thereof, the City Council shall, by order or
resolution, cause a notice of such parking time limit to be conspicuously posted on each such
parking lot.
Ords. 15-18; 19-82; 703: Prior Code 10.24.060)
10.42.065 —Public Off-Street Parking Lots—No Overnight Parking.
A. No person shall between the hours of 11:00 P.M. and 5:00 A.M., or other hours as so
designated, stop, park, or leave standing any vehicle whatsoever within any public parking
lot designated as no parking between 11:00 P.M. and 5:00 A.M., or other hours as so
designated.
Ordinance No. 15-18 2
B. Any vehicles stopped, parked, or left standing in violation of this section shall be subject to
being towed away at the owner's expense.
C. Appropriate signs shall be posted in and about the parking lots specifying the times when
stopping, parking and standing of vehicles shall be prohibited and that vehicles in violation
thereof shall be subject to being towed away. The City Manager, or his designee, shall determine
which parking lots shall be so designated.
Ord. 15-18; 16-07)
10.42.100 -Public Off-Street Parking Lots—Prohibited Acts.
It shall be unlawful on any public parking lot to do any of the following prohibited acts:
1. To leave any vehicle standing in a traffic aisle.
2. To park any vehicle in a limited time space for a period of time longer than that
posted.
3. To park any vehicle in a space reserved for a vehicle operated by handicapped person
which does not display the appropriate decal, placard or other indicia issued by the
California Department of Motor Vehicles.
4. To park any vehicle in a space reserved for a designated vehicle unless the vehicle
parked is a designated vehicle.
5. To park any vehicle in a space reserved for a designated CiTy official or employee
unless the operator of the vehicle is the designated City official or employee. This
provision shall not be enforced on any Saturday, Sunday or legal holiday observed by
the City.
6. To park any vehicle in a space reserved for special permit parking which does not
display the appropriate decal or other authorized indicia for such special permit
parking.
Ords. 15-18; 19-82; 34-88; 34-81: Prior Code 10.24.090)
10.42.110 -Unlawfully Parked Vehicles In City Lots.
If a vehicle is parked unlawfully pursuant to this Chapter and signs are posted that
unlawfully parked vehicles will be towed away, any member of the Police Department
authorized by the Chief of Police may remove the vehicle from the parking lot in the manner and
subject to the requirements of the California Vehicle Code, Section 22650 et seq.
Ords. 15-18; 19-82; 6-82: Prior Code 10.24.100)
SECTION II:
This Ordinance is intended to immediately supersede any existing provisions of the Orange
Municipal Code to the extent those existing provisions are inconsistent with this Ordinance.
Ordinance No. 15-18 3
SECTION III:
Severability— Should any sentence, section clause, part or provision of this ordinance be
declared invalid, the same shall not affect the validity of the ordinance as a whole or any other
part thereof.
SECTION IV:
Savings Clause — Neither fhe adoption of this ordinance nor the amendment hereby of
any other ordinance of this City sha11 in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor to be
construed as a waiver of any license or penalty or the penal provisions applicable to any violation
thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City related to the same subject matter, shall be constructed
as restatements and continuations, and not as new enactments.
SECTION V:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meetings at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 8th day of January 2019.
Mark . Murphy, Mayor, Cit o O ange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 15-18 4
STATE OF CALIFOR1vIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the l lth day of December 2018, and thereafter at the regular meeting of said City Council duly
held on the 8th day of January 2019, was duly passed and adopted by the following vote, to wit:
AYES:COiJNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None '.
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Pamela Coleman, City Clerk, City of Orange
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Ordinance No. 15-18 5