Attachment 1 - 1
Eff.: ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING THE BURBANK MUNICIPAL CODE
TO ADD SECTION 6 -1-1002.G RELATED TO PARKING
ENFORCEMENT, THIRD-PARTY PARKING
ENFORCEMENT SERVICES, AND APPEALS
City Attorney’s Synopsis
Burbank Municipal Code (BMC) section 6 -1-1002 contains the city’s existing authority to establish stopping, standing, and parking restrictions. This ordinance clarifies that as a charter city, the city has the authority and may use different options including third-party parking services to enforce such parking restrictions. The ordinance further authorizes the city’s chief of police to use such services for parking enforcement through an agreement if such agreement is approved by the City Council and how such citations may be appealed.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The City of Burbank is a charter city and as such may exercise authority over its municipal affairs and its core municipal functions, including how it may administer or enforce parking citations within its jurisdiction.
B. BMC section 6 -1-1002 contains the city’s existing authority to establish stopping, standing, and parking restrictions.
C. The City desires to expressly clarify and authorize how the Chief of Police may enforce or administer its parking restrictions and appeals, which includes using third- party parking services.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. Amendment to the BMC . BMC section 6 -1-1002 is amended to add subsection G, as follows:
“G. ENFORCEMENT.
In addition to any other provision of this code, the Chief of Police is authorized to enforce any stopping, standing, or parking regulation as set forth in this article. The Chief of Police may contract with and use private parking enforcement services to enforce the stopping, standing, or parking regulations of the city and the state, perform initial reviews of parking citations, or serve as the City’s issuing or processing agency, after approval of such an agreement by the City Council. Any parking citation must contain notice of review or Attachment 1 - 2
appeal rights for contesting the parking citation, and the Chief of Police may establish such review or appeal procedures, consistent with Vehicle Code section 40215.”
2. Authority. The City Manager , Chief of Police , or their designee, is authorized to execute any action necessary to properly codify this amendment into the BMC and establish any policies and procedures necessary to implement the parking citations in accordance with existing law.
3. Severability. If any provision of this o rdinance or its application is held invalid by a court of competent jurisdiction, such invalidity will not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
4. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day from and after the date of adoption.
5. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within fourteen (14) days of adoption, that is published and circulated in the City of Burbank, California.
PASSED AND ADOPTED this ____ day of ________, 2022.
__________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Kane Thuyen
Senior Assistant City Attorney
Attachment 1 - 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on ___________, 2022.
______________________________
Zizette Mullins, MMC, City Clerk