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Ord05 2287
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Ord05 2287
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Last modified
4/3/2006 11:02:03 AM
Creation date
2/14/2006 11:15:21 AM
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Template:
CC Index
CC Index - Document Type
Ordinance
Agency Type
City Council
Date
8/22/2005
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<br />8/22/2005 <br /> <br />WHEREAS, California Vehicle Code Section 22508 authorizes cities to <br /> <br />establish parking meter zones and to fix the rate of fees for such zones; and <br /> <br />WHEREAS, parking meter rate ordinances "may... justify a fee system <br /> <br />intended and calculated to hasten the departure of parked vehicles in congested <br /> <br />areas, as well as to defray the cost of installation and supervision." DeAryan v. <br /> <br />City of San Diego, 75 CA2d 292,296 (1946); and <br /> <br />WHEREAS, such parking meter rate ordinances are for the purpose of <br /> <br />regulating traffic and the parking of vehicles in the public streets, not a tax for <br /> <br />revenue purposes. Id at 293; and <br /> <br />WHEREAS, receipts from such parking meter rate ordinances "may be <br /> <br />used not only in defraying the expenses of installation, operation and control of <br /> <br />such parking space and parking meters, but also those incurred in the control of <br /> <br />traffic which may affect or be affected by the parking of vehicles in the parking <br /> <br />meter zones thus created, including those incurred in connection with painting <br /> <br />lines and signs, maintaining mechanical traffic signals and other expenses of <br /> <br />regulating traffic and enforcing traffic regulations with respect to all traffic which <br /> <br />may affect or be affected by the parking of vehicles in parking meter zones." Id <br /> <br />at 296; and <br /> <br />WHEREAS, using parking meter rates to achieve a vacancy rate of about <br /> <br />15% negates the necessity for time restrictions on the use of parking spaces; and <br /> <br />WHEREAS, certain formerly unmetered off-street parking facilities must <br /> <br />be metered in order to meet the demands of changing patterns of use of <br /> <br />Downtown parking; and <br /> <br />Atty/OrdlOrd.242 <br />07/20105 <br /> <br />2 <br /> <br />2287 <br />Muff # 405 <br />
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