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Eff.: ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 2 (ADMINISTRATION) AND
TITLE 6 (MOTOR VEHICLES AND TRAFFIC) OF THE
BURBANK MUNICIPAL CODE RELATING TO PARKING
MANAGEMENT IN BURBANK
City Attorney’s Synopsis:
This ordinance amends the municipal code by: (1) clarifying that oversight of the City’s parking and curb management programs is transferred from the Public Works Department to the Community Development Department , and (2) amending the residential parking permit zone public hearing process to be held by the Transportation Commission instead of the Infrastructure Oversight Board.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The City of Burbank (“City”) is a small city within Los Angeles County that is known for being t he home to numerous small and large media and entertainment studios and production facilities, as well as other significant retail industries.
B. The City’s residential population is approximately 103,000, but its daytime population grows to 200,000 on weekdays.
C. The density of the City and the number of people working or visiting the City on a daily basis significantly impacts traffic circulation and parking availability on the City’s existing street network and off-street parking facilities.
D. To effectively regulate and manage traffic and parking circulation and the transportation network, and thereby protect the public safety and general welfare, the Burbank Municipal Code (BMC) regulates parking , loading and unloading , curb management, and valet parking in Title 6, Chapter 1, Articles 10, 12, and 29 of the BMC, respectively.
E. In 2020, the City’s parking management operations were moved from the Public Works Department to the Community Development Department, under the supervision of the Transportation Division, as the transit and transportation planning and responsibilities of the Transportation Division are more closely aligned with the City’s parking and curb management operations. The Council now desires to update the BMC to reflect this change.
F. The Infrastructure Oversight Board is delegated the authority to act as an advisory body to the City Council primarily on matters related to City infrastructure programs. In addition, the Board advises on traffic and parking programs. (BMC § 2-1- 426).
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G. The Transportation Commission is delegated the authority to make recommendations to the City Council on transportation planning issues, expenditures of Local Return and other transportation funds, and transportation plans, policies, and programs. (BMC § 2-1-419).
H. Traffic and parking are crucial components of transportation planning, and similarly, it is difficult to advise on traffic and parking matters without a full understanding of related transp ortation elements . The Transportation Commission has a widespread understanding of transportation matters throughout the City, and is therefore better positioned to evaluate and provide advice to the City Council on parking matters than the Infrastructure Oversight Board. The Council therefore desires to amend the BMC to transfer traffic and parking advisory duties to the Transportation Commission.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Findings. The City Council of the City of Burbank hereby finds that the above findings are true and correct and are hereby incorporated by reference.
Section 2. Amendment to Burbank Municipal Code (BMC) Section 2-1-419.
BMC Section 2-1-419 is hereby amended and restated as follows:
“2-1-419: TRANSPORTATION COMMISSION:
A. Establishment and Composition of the Commission: There is hereby created a Transportation Commission consisting of seven (7) members. The Council shall give consideration to appointing persons affiliated with the following groups: small businesses, large b usinesses, transportation technology research and development organizations, homeowners, the Burbank - Glendale-Pasadena Airport Authority, transportation management organizations or associations, and other special needs groups such as senior citizens, persons with disabilities and bicyclists.
B. Secretary of the Commission: The Community Development Director shall serve as Secretary to the Commission. The Secretary to the Commission shall not be a member of the Commission or vote on any matters coming before i t, but such Secretary may be present during the Commission’s deliberations and may participate in all debates and discussions.
C. Powers and Duties of the Commission: The Transportation Commission shall have the following powers and duties:
1. To make recommendations to the City Council on transportation planning issues including, but not limited to, the transportation element of the General Plan and its components.
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2. To make recommendations on the expenditure of Proposition A funds, Proposition C funds, air quality funds and bonds, fees, loans and grants for the purpose of funding transportation improvements.
3. To make recommendations on transportation plans, policies and programs, including, but not limited to, pedestrian orientation, telecommuting, interm odal transportation centers , new technologies , traffic programs and parking.
4. To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council.
D. Meeting; Quorum: The Transportation Commission shall hold a regular meeting at least once a month in the City Hall at a time to be designated by the Commission. Special meetings may be called by the chair or four (4) members of the Commission. When the time for any regular meeting of the Commission falls on a hol iday, such meeting may be held at the discretion of the Commission or chair thereof at the same hour of the next succeeding day not a holiday or a regular meeting day of the Council or any other board or commission established pursuant to this division. Al l regular meetings of the Commission shall be held in the Council chamber of the City Hall, 275 East Olive Avenue, Burbank, California unless otherwise provided in the rules and regulations of the Commission. A majority of the members of the Commission shall constitute a quorum for the transaction of business.”
Section 3. Amendment BMC Section 2 -1-426. BMC Section 2 -1-426 is hereby amended and restated as follows:
“2-1-426: INFRASTRUCTURE OVERSIGHT BOARD:
A. Establishment and Purpose:
There is hereby created an Infrastructure Oversight Board, who shall oversee and make recommendations to the Council regarding the infrastructure of the City (not part of an enterprise fund). The mission of this new Board, in part, is to ensure the reliabi lity, maintenance and safety of the City’s infrastructure.
Some oversight parameters may include: safety, funding, planning, construction, (i.e. high level review of scope, schedule, cost, and risk of infrastructure projects), operations, maintenance (revi ewing the adequacy of existing maintenance programs), and implementation of best practices related to infrastructure.
B. Composition of the Board:
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1. The Infrastructure Oversight Board shall be composed of the following members:
a. Seven (7) members to be appointed by Council.
b. When appointing persons to the Board, Council should consider not only diversity, but also the appointee’s interest in and knowledge of City infrastructure projects, methods, and procedures. As such, Council should consider appointment of architects, civil engineers, as well as professionals with expertise in other areas such as project management, urban planning, traffic engineering, structures/buildings, construction management, budget/finance, and/or other related expertise.
Toward this end, when recruiting for open positions on this Board, the City Clerk in any advertisements shall encourage civil engineers, as well as professionals with expertise in other areas such as transportation, urban planning, traffic engineering, structures/buildings, construction management, budget/finance, to apply.
2. The Board shall have the constituted offices of Chair and Vice Chair. a. Chair – The Chair shall maintain the general supervision, direction and control of the business and meetings of the Infrastructure Oversight Board. The Chair shall preside at all meetings of the Board.
b. Vice Chair – The Vice Chair shall act in the absence of the Chair, perform all the duties of the Chair, and in so acting, shall have all the powers of the Chair.
3. Liaison with Council: The City Council shall designate two members of the City Council to attend Board meetings, but such members shall not be members of the Board.
C. Powers and Duties of the Board:
The Infrastructure Oversight Board shall have the duties to:
1. Act as advisory body to the Council on matters related to City infrastructure (non-enterprise funded).
2. Provide annual review and recommendation to Council as recommended by City staff for infrastructure projects and programs, such as:
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a. Capital Improvement Project s – Major Projects (i.e. construction or renovation of a municipal facility);
b. Programmatic Capital – routine and regular annual capital renewal (i.e. the City’s pavement management program, HVAC replacements, roof replacement, etc.);
c. Maintenance Programs;
3. Annually review staff’s recommended infrastructure funding prioritization for Council consideration and review the proposed general fund infrastructure expenditures. Review of funding and recommended prioritization of annual budget and ten-year infrastructure plans. Annual review of funding shall include a review of use of prior year funding and what was and was not accomplished versus planned project and program specific goals.
4. Receive quarterly reports on the status of funded projects.
5. Review and recommend infrastructure policies, practices, and programs in accordance with adopted plans (i.e., the General Plan, Specific Plans, Complete Streets Plan, and Bicycle Master Plan, etc).
6. Assist in communicating with the community concerning infrastructur e projects and programs and the importance of properly maintaining the City’s assets.
7. To perform such advisory functions as are delegated to it by the provisions of this code or other action of the Council or as prescribed in the Burbank Municipal Code, ad opted plans and governing rules, laws and regulations.
D. Meetings:
The Infrastructure Oversight Board shall meet regularly at least every month, on a day and time and place to be determined and fixed by the Board and held in accordance with the Ralph M. Brow n Act. Additional noticed meetings may be scheduled as necessary. Regular action minutes of each meeting shall be maintained by the Public Works Department. The Board may create subcommittees as necessary to accomplish the goals of the Board.
E. Quorum:
A majority of four (4) voting members of the Infrastructure Oversight Board shall constitute a quorum.”
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Section 4. Amendment to BMC Title 6, Chapter 1, Article 10. Article 10 (Stopping, Standing and Parking) of Chapter 1 (Vehicles and Traffic) of Title 6 (Motor Vehicles and Traffic) of the BMC is amended and restated as provided in Exhibit “A,” attached and incorporated herein.
Section 5. Amendment to BMC Title 6, Chapter 1, Article 12. Article 12 (Stopping for Loading or Unloading Only) of Chapter 1 (Vehicles and Traffic) of Title 6 (Motor Vehicles and Traffic) of the BMC is amended and restated as provided in Exhibit “B,” attached and incorporated herein.
Section 6. Amendment to BMC Title 6, Chapter 1, Article 29. Article 29 (Valet Parking) of Chapter 1 (Vehicles and Traffic) of Title 6 (Motor Vehicles and Traffic) of the BMC is amended and restated as provided in Exhibit “C,” attached and incorporated herein.
Section 7. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall 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.
Section 8. Environmental Review. This Ordinance has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to Section 15378 of Title 14 of the California Code of Regulations. This Ordinance changes governing authority regarding parking activities and is not a project.
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Section 9. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____ day of ______, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_____________________________ By: _______________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the Ordinance’s adoption on _______________, 2024.
____________________________
Kimberley Clark, City Clerk
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Exhibit A
Amended and Restated BMC Title 6, Chapter 1, Article 10
6-1-1001: APPLICATION OF REGULATIONS:
A. NO PARKING REGULATIONS.
The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
B. TIME LIMIT PARKING.
The provisions of this chapter imposing a time limit on stopping, standing, or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or ordinances of the City prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.
6-1-1002: AUTHORITY TO ESTABLISH STOPPING, STANDING AND PARKING RESTRICTIONS AND PROHIBITIONS:
A. IN GENERAL.
Whenever the City, the Parking Authority, or the Redevelopment Agency owns, operates, or otherwise has a property interest in any street, parking lot, or parking structure, after study and recommendation by the Community Development Director, or recommendations by the City Manager, the Council determines that because of proximity to a business district or center of employment, or because of unusual concentration of population, or because of any other factor or condit ion the unrestricted parking of vehicles has caused, or would cause, traffic congestion or hazard, or has deprived the public of the economical distribution of the use of available parking space, the Council is authorized to establish by resolution such st opping, standing or parking restrictions and/or prohibitions as may be necessary. The Public Works Director shall install, at such street, parking lot, or parking structure, appropriate signs or markings giving effect to such stopping, standing or parking restrictions and/or prohibitions.
B. TIME LIMIT PARKING.
Whenever the Community Development Director determines after study, that because of proximity to a business district or center of employment, or because of unusual concentration of population, or because of any other factor or condition the unrestricted parking of vehicles has caused, or would cause, traffic congestion or hazard, or has deprived the public of the economical
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distribution of the use of available parking space, the Community Development Director is authorized to impose such time limit parking restrictions as may be necessary by placing appropriate signs or markings giving adequate notice thereof.
C. OVERTIME PARKING; INTERPRETATION.
When appropriate signs or markings have been installed or placed as authorized in this section, no person shall stop, stand or park, any vehicle for a period of time in excess of the parking time limit indicated by such sign.
Successive acts of parking in the same block between intersections on any street or in the same parking lot or parking structure shall on any calendar day be presumed to be a single act of parking. When the parking places covered by a single act of parking are subject to different time limitations, the legality of parking shall be determined by the longest time limitation. Each period of time that a vehicle is continuously parked in excess of the period of time of the parking time limit shall constitute a separate violation. However, no more than three (3) citations may be issued for each such vehicle in any twenty-four (24) hour period.
D. VIOLATIONS.
When appropriate signs or markings have been installed or placed as authorized in this section, no operator of any vehicle shall stop, stand or park any vehicle in violation of the stopping, standing and parking restrictions and prohibitions indicated by such signs.
E. WARNING NOTICES.
Commencing with the date of installation of ten-minute, one-hour and two-hour parking signs or markings, and for seven (7) days thereafter, the Pol ice Department shall issue warning notices only; thereafter, regular traffic citations shall be issued to all violators.
F. EXEMPTION FROM TIME LIMIT PARKING RESTRICTIONS.
Where the Community Development Director deems it desirable to allow permitted parking to exceed posted time restrictions, persons may display a parking permit, issued by the Community Development Department, to provide exemption from the posted time restrictions. The fee for said permit shall be the amount designated in the Burbank Fee Re solution at the time the permit is issued.
G. ENFORCEMENT.
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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 cont ract 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 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.
6-1-1003: PERMIT PARKING ON RESIDENTIAL STREETS:
A. APPLICABILITY.
This section applies to streets or portions of streets where the frontage of adjacent private properties consists of single family dwellings or multiple family dwellings, as defined in BMC 10-1-203, hereafter “residential streets”.
B. PURPOSE AND INTENT.
Unrestricted parking by non -local vehicles creates a situation in which the streets cannot be used for parking by the residents or their guests and that such unrestricted parking substantially, unreasonably and regularly interferes with the use of a majority of the available public street parking, is the source of unreasonable noise, traffic hazards, environmental pollution or other interference w ith the residential environment, and detrimentally affects the public welfare.
C. APPLICATION PROCESS.
A resident (hereafter “sponsor”) of the proposed permit parking zone shall submit for consideration an application and a petition in a form provided by the Community Development Department for permit parking restrictions that meets the following criteria:
1. No less than eighty percent (80%) of the total adjacent residential dwelling units within the proposed zone are contacted in an effort to acquire petition signatures by one responsible adult occupant (hereafter “resident”). If a resident is opposed to the petition, “opposed” shall be written in the signature space next to the residential address.
2. At least two-thirds (2/3) of the residents of the proposed zone must sign in support.
3. Vehicle license plate information is required with petition signature.
Petitions that do not include vehicle license plate information for at least
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80% of the residents within the proposed zone are deemed invalid.
D. ZONE CRITERIA.
1. Minimum Zone Parameters.
a. To be eligible for consideration, a proposed permit parking zone must consist of no less than all adjacent residential dwelling units representing a full century -numbered portion of a residential street (e.g., 100-199, 200-299, etc.). This may be reduced at the discretion of the Community Development Director if a lesser portion of the block meets the applicable field study eligibility requirements outlined in subsections E(2) or E(3); however, any lesser portion shall represent no less than the first four residential dwelling units closest to the adjacent non-residential area. b. If the number of residential dwelling units in a century-numbered portion of a residential street exceeds the number of available on- street parking spaces, the provisions of subsection F. 2 shall apply.
2. Certain Areas Where Permit Parking Zones Are Not Allowed. a. Major or secondary arterial street as listed in the General Plan. b. Streets or portions of streets with land zoned or used for non - residential purposes on both sides of the street.
3. Need for Permit Parking.
The need for permit parking is Monday -Friday, 8AM-6PM; unless the need for another time period can be established by a field study conducted by the Community Development Department.
E. DETERMINATION OF ELIGIBILITY.
1. Upon receipt of a resident sponsored application and petition demonstrating the required minimum resident contact (80%) and support (2/3), the Community Development Department will conduct field studies to determine the existing parking impact in the propo sed zone.
2. For new zones (streets that do not have a permit parking zone that was established before March 11, 2016), the following provisions shall apply:
a. If field studies determine that on average, seventy -five percent (75%) or more of the available on -street parking is occupied by non-resident vehicles at regular and significant daily intervals, the Community Development Director shall set the application for consideration of a permit-only zone at a public hearing before the Transportation Commission as described in subsection G. The Transportation Commission will make a finding that the criteria
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have been met.
b. If field studies determine that on average, fi fty-percent (50%) or more and less than seventy -five percent (75%) of the available on-street parking is occupied by non-resident vehicles at regular and significant daily intervals, the Community Development Director or designee shall establish a permit p arking zone restricted to two (2) hour parking, except by permit.
3. For existing zones (streets that have a permit parking zone that was established before March 11, 2016, the following provisions shall apply:
a. If field studies determine that on average, s eventy-five percent (75%) or more of the available on -street parking is occupied by non-resident vehicles at regular and significant daily intervals, the Community Development Director shall set the application for consideration of a permit-only zone at a public hearing before the Transportation Commission as described in subsection G. The Transportation Commission will make a finding that the criteria have been met.
b. If field studies determine that on average, fifty -percent (50%) or more and less than seven ty-five percent (75%) of the available on-street parking is occupied at regular and significant daily intervals, the Community Development Director or designee shall establish a permit parking zone restricted to one (1) hour parking, except by permit.
4. Within one year of the establishment of a permit parking zone on a street or portion of a street, an adjacent block may petition for corresponding restrictions, without field study, if a finding can be made that non - resident vehicles have diverted to that a djacent block. The application process is in accordance with 6-1-1003, subsection C.
5. Once a permit parking zone has been established following the procedure described in Section 6-1-1003, a minimum six-month waiting period is required before a sponsor can submit a new application and a petition to request Community Development conduct a new field study to determine the availability of on-street parking.
F. FINDINGS TO ESTABLISH PERMIT PARKING ZONES.
1. If the number of dwelling units in a proposed permit parking zone is equal to or less than the number of available on -street parking spaces, upon receipt of a resident -sponsored application, in accordance with subsection C, the Community Development Director will make a determination of eligibility in accordance with subsection E.
2. If the number of dwelling units in a proposed permit parking zone
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exceeds the number of available on-street parking spaces, upon receipt of a resident -sponsored application and determination of eligibility, in accordance with subsection E, the Community De velopment Director shall set the application for public hearing before the Transportation Commission in accordance with notice as outlined in subsection G. a. Upon recommendation by the Transportation Commission , the Community Development Director may authori ze a permit parking zone as long as the findings specified below can be made:
i. A unique parking situation exists, and
ii. This situation creates an unusual hardship for residents.
b. Conditions that may be imposed on zones where the number of dwelling units exceeds the number of available on-street parking spaces:
i. Zone is subject to a necessity review at the end of each three-year permit cycle consisting of field studies consistent with subsection E.
G. PUBLIC HEARING.
When required by this section, the Community Development Director shall set the item for public hearing before the Transportation Commission as soon as possible, in conjunction with the Transportation Commission’s next scheduled meeting, and give notice of the hearing as follows:
1. Notice of the hearing shall be in such form as approved by the Community Development Director, and shall convey the date, time and place of the hearing, as well as the location of the permit parking zone.
2. Notice shall be mailed to all residential and commercial property owners and occupants within a one thousand foot (1000’) radius to the exterior boundaries of the zone at least ten (10) business days prior to the hearing date.
3. At the conclusion of the public hearing, the Transportation Commission shall make a recommendation to the Community Development Director for a decision.
H. APPEALS REGARDING PERMIT PARKING ZONES.
Any person dissatisfied with the decision of the Community Development Director pursuant to Section 6-1-1003 may appeal such decision to the Permit Appeals Panel pursuant to the procedure set forth in Title 2, Chapter 1, Article 15 of this Code.
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I. ISSUANCE OF PERMITS.
1. Issuing Authority.
The Community Development Director shall determine the manner and type of permit to be issued. Applicants for such permits shall present such proof, as may be required of residence within a designated permit parking zone and pay such fees as provided in the Burbank Fee Resolution at the time of permit issuance.
a. Permit-only permits must be affixed to vehicles in a location determined acceptable to the Police Chief.
b. Zones Where the Number of Dwelling Units is Less Than or Equal to the Number of Available On-Street Parking Spaces: Not more than three (3) permits shall be issued to each qualified residential dwelling unit. Applicants requesting more than three (3) permits for any qualified residential dwelling unit must present such proof as may be required that three (3) or more non -commercial vehicles are registered to that address. Not more than five (5) parking permits shall be issued to any qualified residential dwelling unit.
c. Zones Where the Number of Dwelling Units is Greater than the Number of Available On -Street Parking Spaces: Not more than one (1) permit shall be issued to each qualified residential dwelling unit.
2. Duration of Permit.
Permits issued pursuant to this section shall remain valid for a period of three (3) calendar years or fraction thereof, or so long as the applicant continues to reside in a qualified dwelling unit for such permit or the zone for which such permit was issued is eliminated, whichever occurs first.
3. Conditions of Permit.
Permits shall be subject to all conditions and restrictions set forth in this article and of the permit parking zone for which they are issued, including conditions or restrictions which may be modified or amended thereafter.
Permit issuance shall not be construed as permission for, or approval of, any violation of any pro vision of this Code or any other laws or regulations.
4. Visitor Permits for Permit-Only Parking Zones.
Each residential dwelling unit within a permit-only parking zone that has received or purchased permit-only parking permits is eligible for one (1) day-use visitor permit during a three year permit period or portion
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thereof. Visitor permits are valid only when displayed on vehicles registered to an address other than an address in the permit-only zone.
5. Revocation.
Said permit will remain the property of the City and can be revoked for misuse or violation of permit conditions upon written notice delivered to the address to which the permit was issued.
J. PROHIBITIONS.
1. No vehicle shall be parked or stopped adjacent to any curb in a permit parking zone in violatio n of any posted or noticed prohibition or restriction unless such vehicle prominently displays a permit issued by the Community Development Department indicating exemption therefrom.
2. It shall be unlawful for any person to sell, rent or lease, or cause to b e sold, rented or leased for any value or consideration any parking permit.
Upon evidence of a violation of this subsection, all permits issued to, or for the benefit of, the residential dwelling unit for which the permit was issued shall become null and void.
3. It shall be unlawful for any person to buy or otherwise acquire for value or use any parking permit except as provided for in this article.
K. LOCATIONS AND RESTRICTIONS.
The Public Works Director shall install at such streets designated as parking zones, appropriate signs or markings giving notice of such parking restriction.
No parking ordinance shall apply until signs or markings giving adequate notice thereof have been posted.
L. TERMINATION OF EXISTING PERMIT PARKING ZONES.
1. An existing pe rmit parking zone may be terminated by the Community Development Director upon receipt of an application and a resident - sponsored petition demonstrating that not less than eighty percent (80%) of the adjacent residential dwelling units were contacted, and that one responsible adult from at least two -thirds (2/3) of those dwelling units signed the petition in support of the proposed termination.
2. An existing permit parking zone may be recommended for termination by the Transportation Commission after a notice d public hearing in accordance with subsection G if:
a. during any twelve month period less than fifty percent (50%) of the residences in the zone acquire at least one permit, or
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b. a necessity review determines that the unique parking situation that created an unusual hardship for residents no longer exists. c. An existing permit parking zone may be terminated by the Community Development Director upon recommendation by the Transportation Commission pursuant to subsection L.2.
M. NON-RESIDENT OR COMMERCIAL APPLICANTS FOR PERMITS WITHIN ESTABLISHED PERMIT-ONLY PARKING ZONE.
1. Upon recommendation by the Transportation Commission , the Community Development Director or designee may authorize a limited number of parking permits not to exceed twenty -five percent (25%) of the available on-street parking within a designated permit -only parking zone for commuter or non -resident vehicles, as long as the findings specified in this section can be made.
2. The Community Development Director shall set the application for public hearing before the Transportation Commission in accordance with notice as outlined in subsection G.
3. Parking permits shall be issued to non -resident or commercial applicants only upon a finding by the Transportation Commission that:
a. A shortage of reasonable, available, and convenient commercial parking spaces exists in the area.
b. Commuter or non-residentially oriented vehicles driven or parked within the permit -only parking zone will not be the source of unreasonable noise, traffic hazards, environmental pollution, or devaluation of real property.
c. Commuter or non -resident vehicles driven or parked within the permit-only parking zone will not substantia lly and regularly interfere with more than seventy -five percent (75%) of the available on-street parking within the zone.
d. Permits issued for commuter or non -resident vehicles will not individually nor cumulatively exceed twenty-five percent (25%) of the total on-street parking available within the permit-only parking zone for which they are issued.
e. The conditions imposed are necessary to protect the public convenience, safety, health and welfare.
4. Conditions imposed by either the Transportation Commission or the Community Development Director may include, but are not limited to:
a. Parking locations.
b. Number of permits.
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c. Times for parking.
d. Duration of use.
5. The Community Development Director or designee shall issue such permits directly to a representative of the a pplicant business for distribution to its employees
6. Revocation of permit.
a. Any resident of a permit-only parking zone for which permits have been issued to non-resident or commercial users may petition for the revocation of said permits. The resident -sponsored petition must demonstrate that not less than eighty percent (80%) of the adjacent residential dwelling units were contacted, and that one responsible adult from at least two -thirds (2/3) of the dwelling units in the zone has signed in support of the re vocation. The petition must also be accompanied by a written statement detailing the facts surrounding the revocation request. b. Upon recommendation by the Transportation Commission and upon a finding of one of the following grounds, the Community Development Director may revoke any permit issued pursuant to this section:
(i) That the permit was obtained by fraud or
misrepresentation.
(ii) That the permit has been exercised contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation.
(iii) That the permit has been or is being exercised to the detriment of the public health, welfare or safety, or as to constitute a nuisance.
7. Appeal.
Any person dissatisfied with the decision of the Community Development Director pursuant to this subsection may appeal such decision to the Permit Appeals Panel pursuant to the procedure set forth in Title 2, Chapter 1, Article 15 of this Code.
6-1-1004: PREFERENTIAL PARKING IN RESIDENTIAL STREETS:
[Repealed by Ord. No. 16 -3,873, eff. 3/11/16; Added by Ord. No. 2792; formerly numbered Section 29-42.2; Amended by Ord. No. 3755, eff. 12/26/08; 3723, 3596, 3559, 3489, 3189, 3058, 2804.]
6-1-1005: PREFERENTIAL PARKING ON COMMERCIAL STREETS:
A. ESTABLISHMENT OF PREFERENTIAL PARKING ZONES ON
COMMERCIAL STREETS.
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For the benefit of the adjacent commercial enterprises, after a noticed public hearing, the Transportation Commission may designate certain commercial streets, or alleys or any portion thereof as preferential parking zones in which vehicles displaying permits or other authorized indicia are exempt from parking prohibitions or restrictions, otherwise posted, marked or noticed.
B. FINDINGS.
Each preferential parking zone shall be designated only upon finding that due to the lack of assured on-street parking, such zone is necessary to provide the adjacent businesses with reasonably available and convenient parking.
C. CRITERIA FOR DETERMINATION OF FINDINGS.
Such findings shall be based upon the following criteria established to the satisfaction of the Transportation Commission:
1. Businesses benefiting from the preferential parking operate or park vehicles which interfere with the peace and quiet of the adjacen t residential neighborhood at regular and significant daily or weekly intervals;
2. Preferential parking restrictions will not unreasonably disrupt on -street parking in the areas immediately adjacent to the proposed zone; and
3. There are no protests from a majo rity of the adjacent businesses affected by the proposed preferential zone.
D. NOTICE OF PREFERENTIAL PARKING ZONE.
Preferential parking restrictions shall not apply until signs or markings giving adequate notice thereof have been placed.
E. ISSUANCE OF PERMIT S.
1. Issuing Authority.
The Community Development Department shall issue preferential parking permits to those applicants presenting such proof as may be required of occupying commercial property within a commercial preferential parking zone. Not more than three (3) permits shall be issued for any qualified business. Applicants requesting more than three (3) permits for any business may be granted additional permits at the discretion of the Community Development Director upon a showing that issuing additional permits would not constitute a nuisance or create any hardship on other commercial applicants within the same zone.
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2. Duration of Permit.
Permits issued pursuant to this section shall remain effective for a period of one calendar year or fraction thereof, or so long as the applicant continues to occupy commercial property adjacent to the preferential zone or until the preferential parking zone is eliminated, whichever occurs first.
3. Conditions of Permit.
Permits shall be subject to all conditions and restrictions set forth in this article and of the prefe rential parking zone for which they are issued, including any conditions or restrictions which may be subsequently altered or amended. Permit issuance shall not be construed as permission for, or approval of, any violation of any provision of this Code or any other laws or regulations, except as herein provided.
F. PROHIBITIONS.
1. No vehicle shall be parked or stopped adjacent to any curb in a commercial preferential parking zone in violation of any posted or noticed prohibition or restriction unless such vehic le prominently displays a permit indicating exemption therefrom.
2. It shall be unlawful for any person to sell, rent or lease for any value or consideration any commercial preferential parking permit. Upon evidence of a violation of this provision, all prefe rential permits issued to, or for the benefit of, the business for which the sold, rented or leased permit was authorized shall become null and void.
3. It shall be unlawful for any person to buy or otherwise acquire for value or use any commercial preferenti al parking permit, except as provided in this article.
G. LOCATIONS AND RESTRICTIONS.
The Public Works Director shall install at such streets or alleys designated as commercial preferential parking zones, appropriate signs or markings giving notice of such parking restriction.
H. APPEAL.
Any person dissatisfied with the decision of the Community Development Director pursuant to this section may appeal such decision to the Permit Appeals Panel pursuant to the procedure set forth in Title 2, Chapter 1, Article 15 of this Code.
6-1-1005.1: PARKING IN RESIDENTIAL PREFERENTIAL PERMIT -ONLY PARKING ZONES BY LOCAL BUSINESSES:
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[Repealed by Ord. No. 16 -3,873, eff. 3/11/16; Added by Ord. 3141, eff. 3/4/89; formerly numbered Sec. 29 -42.35; renumbered by Ord. 3058, eff. 2/21/87; Amended by Ord. No. 3755, eff. 12/26/08; 3723.]
6-1-1006: AUTHORITY OF COMMUNITY DEVELOPMENT DIRECTOR TO ESTABLISH PARKING ON BRIDGES:
The Community Development Director may deem it desirable to permit parking on bridges. If so desired , the Public Works Director shall cause to be installed such signs as would indicate that parking is permissible.
Before such signs may be installed, the Public Works Director shall determine that such bridge shall have sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway.
6-1-1007: AUTHORITY TO CL OSE OR RESTRICT THE USE OF PUBLIC PARKING FACILITIES AND TO ENFORCE RESTRICTIONS:
A. IN GENERAL.
Whenever, the City, the Parking Authority, or the Redevelopment Agency owns, operates, or otherwise has a property interest in any parking lot or parking structure, after consulting with the Chief of Police, the Community Development Director determines th at a parking facility should be closed because of proprietary concerns for the preservation and protection of public property, or concerns for the protection of public safety, or because of any other factor or condition the unrestricted parking of vehicles has caused, or because of a greater need for other short-term use of the lot or structure in question, the Community Development Director is authorized to close said lot or structure to all public parking for such hours or such other period of time deemed by the Director to be in the City’s interest.
B. NOTICE OF CLOSURE.
Whenever the Community Development Director, after consulting with the Chief of Police, makes any of the determinations referred to in Subsection (a) of this section, the Director is authorized to post an appropriate sign, signs, or other markings giving adequate notice of the hours or other period of time such lot or structure is closed to public parking.
C. VIOLATIONS.
When an appropriate sign or signs or other markings have been installed or placed in a parking lot or structure for at least forty-eight (48) hours prior to the time when th e closure of such lot or structure is to become effective, no operator of any vehicle shall stop, stand, or park any vehicle in violation of the parking prohibition indicated by such sign, signs or other markings.
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D. REMOVAL OF VEHICLES.
When an appropriate sign or signs or other markings have been installed or placed as required by subsection (c) of this section, the Chief of Police may also cause the towing away or other appropriate removal of any vehicle parked in violation of this section. All costs of s uch removal and the subsequent storage of such vehicle shall be paid by the owner, or other person having the right to possession thereof, before such vehicle is released from storage custody.
E. COST OF POSTING SIGNS.
Whenever the Community Development Director determines that a parking lot or parking structure owned by, operated by, or in which the City, the Parking Authority, or the Redevelopment Agency otherwise has a property interest in, should be closed in order to serve a greater need for other short -term use of the lot or structure, and such need arises out of a non -City use of the lot or structure, the Director shall first assess and collect from the interested party for whom the non -City use is being reserved a sum of money sufficient to offset the City’s expenses in making and posting the notice of closure required by this section.
6-1-1008: VEHICLE PARKING IN COMMERCIAL ZONES RESTRICTED:
A. It shall be unlawful for any commercial vehicle or bus exceeding 6,500 pounds in unladen weight to park in the public right of way of any commercial zone within the City for any period of time in excess of two (2) hours. No more than three (3) citations shall be issued under this subsection within any twenty -four (24) hour period.
B. It shall be unlawful for any commercial vehicle to park in any commercial zone within the City for any period of time between the hours of 3:00 A.M. to 5:00 A.M.
C. This section does not prohibit parking any commercial vehicle for the period of time reasonably necessary to conduct any of the following acts:
1. Loading or unloading passengers, merchandise or other material[s] into or from a commercial vehicle; or
2. When necessary for the completion of any service or construction work being performed within the immediate vicinity of where the commercial vehicle is parked.
D. As used within this Section, the terms “COMMERCIAL VEHICLE” and “UNLADEN WEIGHT” shall be defined as within the California Vehicle Code.
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E. As used within this Section, the term “COMMERCIAL ZONE” shall include any zone or area defined in Title 10 of the Burbank Municipal Code.
F. A violation of this Section shall constitute an infraction.
6-1-1008.1: COMMERCIAL VEHICLE PARKING IN RESIDENTIAL ZONES PROHIBITED:
A. It shall be unlawful for any commercial vehicle exceeding six thousand five hundred (6,500) pounds in unladen weight to park in any residential zone within the City for any period of time. No more than three (3) citations shall be issued under this subsection within any twenty four (24) period.
B. This section does not prohibit parking a commercial vehicle within any residential zone for the period of time reasonably necessary to conduct any of the following acts:
1. Loading or unloading passengers, merchandise or other material(s) into or from a commercial vehicle; or
2. When necessary for the completion of any service or construction work being performed within the immediate vicinity of where the commercial vehicle is parked.
C. As used within this section, the ter ms “COMMERCIAL VEHICLE” and “UNLADEN WEIGHT” shall be defined as within the California Vehicle Code.
D. As used within this section, the term “RESIDENTIAL ZONE” shall include any zone or area defined in Title 10 of this code.
E. A violation of this section shall constitute an infraction.
6-1-1009: STANDING IN PARKWAYS AND APPROACHES TO TUNNELS AND BRIDGES PROHIBITED3:
No person shall stop, stand, or park a vehicle within any parkway or approach to a tunnel or bridge.
6-1-1010: USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED4:
A. Parking for More Than Seventy -Two (72) Hours: No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy -two (72) hours.
Successive acts of parking in the same block between intersection s shall be presumed to be a single act of parking within the meaning of this section when
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the vehicle is moved merely for the purpose of avoiding the parking limitation prescribed by this section.
B. Authority to Remove Vehicle: Any member of the Police Department authorized by the Chief of Police may remove, or cause to be removed, any vehicle that has been parked or left standing upon a street or highway for seventy two (72) or more consecutive hours.
6-1-1010.1: LARGE NON-COMMERCIAL VEHICLE PARKING:
A. Parking Near Intersections Prohibited:
Notwithstanding Section 6-1-1010, no person shall park any Large Non - Commercial Vehicle within eighty (80) feet of any intersection of two public streets.
B. Parking Prohibited:
Notwithstanding Section 6-1-1010, no person shall park any Large Non - Commercial Vehicle on any public right -of-way, unless a valid large non - commercial vehicle parking permit is properly displayed.
C. Establishment of Parking Permit:
The Community Development Director shall establish a parking permit program for Large Non -Commercial Vehicles (the “LNCV Permit”) consistent with the provisions of this Section, and shall issue permits pursuant to such program.
An LNCV Permit shall be specific to the Large Non -Commercial Vehicle for which such permit was issued. The fee for an LNCV Permit, and any related annual permit program, shall be the amount(s) designated in the Burbank Fee Resolution at the time the permit is purchased.
D. Display of Permits:
LNCV Permits sha ll be visible to parking enforcement officers on the street - side of the LNCV in either (1) the front window on the driver’s side or, if not applicable, (2) the window closest to the front of the LNCV.
E. Duration of Permits:
Each LNCV Permit shall be valid for a period of twenty -four (24) hours beginning at the time and date specified on the permit.
F. Consecutive Permits:
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The period during which LNCV Permits are used consecutively shall be known as a “Consecutive Permit Block.” A Consecutive Permit Block may be comprised of not more than three (3) LNCV Permits, that is, a Consecutive Permit Block shall not exceed seventy -two (72) hours. There shall be a separation of not less than forty-eight (48) hours between Consecutive Permit Blocks. The purpose of this pr ovision is to prohibit Large Non -Commercial Vehicles from parking on public rights -of-way within the City for any period of time longer than seventy-two (72) hours.
G. Maximum Number of Permits; Individual Permits and Annual Permit Accounts:
The maximum number of LNCV Permits that may be issued per calendar year to any LNCV is ninety-six (96). Annual permit account holders, if any, shall be eligible for up to ninety -six (96) separate LNCV Permits per calendar year, subject to the usage limitations set forth in Subsection F. above.
H. Violations:
Violation of this section shall be an infraction which shall be enforced through the parking penalty process set forth in Section 40200 et seq. of the California Vehicle Code.
6-1-1011: PARKING OF ADVERTISING VEHICLES PROHIBITED:
A. No person shall park or convey any mobile billboard advertising display as defined herein, either standing alone or attached to a motor vehicle, upon any public street or public lands in the City of Burbank.
B. Removal of Mobile Billboard Advertising Displays Authorized.
Pursuant to Section 22651 (v) and (w) of the California Vehicle Code, a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations may remove, or cause to be removed, the mobile billboard advertising display, or anything that the mobile billboard display is attached to including a motor vehic le, located within the territorial limits of the City when the mobile advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:
1. When a mobile billboard advertising display, as defined here in, either standing alone or attached to a motor vehicle, is parked or left standing in violation of the Code, and the registered owner of the vehicle or display was previously issued a warning notice or citation for the same offense;
2. A warning notice or c itation was issued to a first -time offender at least 24 hours prior to the removal of the vehicle or display. The City is not
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required pursuant to Section 22651(v)(2) and Section 22651(w)(2) of the Vehicle Code to provide further notice for a subsequent violation prior to enforcement; and
3. The warning notice or citation advised the registered owner of the vehicle or display that they may be subject to penalties upon a subsequent violation of the ordinance that may include removal of the vehicle or display.
C. Permanent Advertising Signs Excepted.
Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
D. Post Storage Impound Hearing.
Section 22852 of the California Vehicle Code applies to this Section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the City directs the storage of a vehicle, the City shall direct the storage operator to provide the vehicle’s registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post -storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within ten days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.
E. Violation - Penalties.
A violation of this Section is a misdemeanor, punishable upon conviction by a fine of not less than Two Hundred Fifty Dollars ($250), nor more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. At the discretion of any person duly authorized by the Chief of Police to issue a citation for any violation of this section, or the Burbank City Attorney’s Office, a violation of this section
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may be an infraction enforced through the parking penalty process set forth in Section 40200 et seq. of the Califor nia Vehicle Code. The City Council may establish from time to time by resolution an increase in the amount of the fine.
6-1-1012: USE OF STREETS FOR DISPLAY, ADVERTISING OR STORAGE OF VEHICLES FOR SALE OR RENT PROHIBITED:
No person engaging in the busine ss of automobile repair or selling, renting or parking vehicles shall park or stand any such vehicle on any street or City public parking lot for display, advertising or storage purposes.
6-1-1013: PARKING OF NONMOTORIZED VEHICLE PROHIBITED:
No person shall park a non-motorized vehicle on any street except when it is:
1. Attached to and transported by a motorized vehicle, the sum of which is parked at least one hundred (100) feet from an intersection so as not to impede pedestrian and motorist safety by obstructing visibility; or
2. Parked for not to exceed twenty-four (24) hours to load or unload material or to perform maintenance thereon which does not violate Title 7-3-107 of this Code; or
3. Parked by a public or private utility for use in the construction or repair of utility facilities; or,
4. Parked pursuant to a valid film permit issued by the Police Department.
6-1-1014: STANDING OF A NONVEHICULAR CONVEYANCE PROHIBITED:
No person shall stand a non-vehicular conveyance on any street except when it is attached to and transported by a motorized vehicle.
6-1-1015: PARKING ON PUBLIC PROPERTY; PARKING IN ELECTRIC VEHICLE SPACES:
A. Parking on Public Property Prohibited.
No person shall stop, stand or park any vehicle, except a City -owned vehicle, in or on property owned or operated by the City or the Parking Authority, not specifically set apart for public parking or dedicated for street purposes, without the prior approval of the City or, the Parking Authority.
B. Parking in Space Designated for Electric Vehicle or Electric Vehicle Charging Stations.
1. Definition. “Electric Vehicle,” as used in this section includes both
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electric and hybrid -electric vehicle as more specifically defined as 1) electric vehicle is a vehicle powered by batteries and electric motor(s), which qualifies as a zero -emission vehic le under State law; and 2) “hybrid electric vehicle” is a vehicle which has a combination of an internal combustion engine and the battery and electric motor of an electric vehicle.
2. Electric Vehicle only spaces. No person shall stop, stand or park any vehicle other than an Electric Vehicle within a parking space equipped with an electric charging station for an Electric Vehicle. No person shall stop, stand or park an Electric Vehicle in a parking space equipped with an electric charging station for an Electric Vehicle unless that vehicle is connected for electric charging purposes.
3. Signage. The Community Development Director may designate parking spaces on public streets or in off -street parking facilities owned or operated by the City for the exclusive purp ose of charging an Electric Vehicle as provided for in this section. Nothing precludes the Community Development Director from further restricting the Electric Vehicle spaces with time restrictions that are compatible with other spaces in the vicinity. 6-1-1016: PARKING IN LIBRARY PARKING LOTS:
No person shall stand or park any vehicle upon a parking lot of a public library unless they are actually using the library’s facilities.
6-1-1017: PARKING IN PARK PARKING LOTS:
No person shall stand or park any vehicle upon a parking lot of a public park unless they are actually using the park’s facilities.
6-1-1018: PARKING ON LEFT HAND SIDE OF ROADWAY:
No person shall stop, stand or park any vehicle upon the left hand side o f any roadway or street, except as otherwise provided in this chapter.
6-1-1019: PARKING ON LEFT HAND SIDE OF ONE-WAY STREETS:
A. Parking Permitted On Left Hand Side Of Roadway Where Curbs Exist: Except as otherwise provided in subsections B and C of this section, vehicles may be stopped or parked upon the left hand side of a one -way roadway where there are adjacent curbs, if the left hand wheels of such vehicles are parked parallel with and within eighteen inches (18") of the left hand curb, except that motorcycles shall be parked with at least one wheel or fender touching the left hand curb and commercial vehicles may deviate from the requirements of this section if a variation is reasonably necessary to accomplish the loading or unloading of merchandise or passengers on, or from, such vehicles and while anything connected with such loading or unloading is being executed.
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B. Parking Left Hand Side Of Dual Highway: If a highway includes two (2) or more separate roadways and traffic is restricted to one direction on any such roadway, stopping or parking a vehicle upon the left hand side of such roadway as authorized in subsection A of this section is permitted only if approved as provided in subsection C of this section and signs are in place permitting such stopping or standing.
C. Determination By Council And Erection Of Signs: Whenever the Council, after study and recommendation by the City Manager, determines by resolution that standing or parking upon the left hand side of any one -way roadway where curbs are present is to be prohibited because of traffic congestion or hazard, or that standing or parking upon the left hand side of one -way roadway of a dual highway where curbs are present is to be permitted because of a lack of traffic congestion or hazard, the Public Works Director shall erect signs giving notice thereof.
D. Exception To Parallel Parking: The wheels of vehicles parked on a hill shall be turned against the curb as required by Section 6-1-1034 of this article unless blocked by other means.
6-1-1020: PARKING WITHIN MARKED SPACES:
The Public Works Director is authorized to have parking space lines or markings painted or placed upon the curb or pavement in any street or parking area operated by the City to indicate spaces where parking is permitted. When such markings are placed upon the curb, street or parking area operated by the City, no person shall stop, park or stand a vehicle other than within a single space unless the size and shape of such vehicle makes compliance impossible.
6-1-1021: AUTHORITY TO ESTABLISH ANGLE PARKING5:
A. Council To Pass Resolution: The Council, after study by the Community Development Director and recommendation by the City Manager, is authorized to determine and establish by resolution those streets and portions of streets along which angle parking of vehicles will reduce parking congestion to the benefit of the public and where surrounding conditions are such that the free movement of traffic will not be interfered with by that method of parking, the Public Works Director shall mark and sign such streets or portions thereof indicating the angle at which vehicles shall be parked.
B. Angle Parking Only In Designated Areas: When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
6-1-1022: MANNER OF ANGLE PARKING:
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Whenever angle parking is required or permitted on a street or in a parking lot operated by the City, at least one front wheel of each vehicle so parked shall be within twelve inches (12") of the forward boundary of the parking space. Any person who stops, parks o r stands a vehicle more than twelve inches (12") from the aforesaid boundary or front line of an angle parking space or who stops, parks or stands a vehicle the length of which extends beyond the lines or markings of the angle parking space so as to impede the movement of other vehicles shall be guilty of an infraction.
6-1-1023: PERMIT FOR LOADING OR UNLOADING AT AN ANGLE TO THE CURB:
The Community Development Director is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.
6-1-1024: PARKING ADJACENT TO SCHOOLS:
A. AUTHORITY TO ESTABLISH.
The Public Works Director is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in their opinion, interfere with traffic or create a hazardous situation.
B. OBEDIENCE TO NO PARKING AT SCHOOLS.
When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicl e in any such designated place.
6-1-1025: PARKING PROHIBITION ADJACENT TO CHURCHES:
The Public Works Director is hereby authorized to erect signs indicating that parking is prohibited, except for the loading and unloading of passengers, adjacent to any church or place of worship when such parking in their opinion would interfere with traffic or create a hazardous condition.
6-1-1026: PARKING PROHIBITED ON NARROW STREETS:
A. AUTHORITY TO ESTABLISH.
The Public Works Director is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not
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exceed twenty (20) feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet.
B. OBEDIENCE TO NO PARKING ON NARROW STREET.
When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such signs or markings.
6-1-1027: PARKING PROHIBITED AT CERTAIN PLACES BY VEHICLES IN EXCESS OF TWELVE THOUSAND POUNDS GROSS WEIGHT:
A. Parking Prohibited by Vehicles in Excess of Twelve Thousand Pounds Gross Weight: When signs are posted giving adequate notice thereof, no person shall park any vehicle, or combination of vehicles, with a gross weight in excess of twelve thousand (12,000) pounds upon any of the following streets:
1. San Fernando Boulevard, the westerly side thereof from Delaware Road to Grinnell Drive.
2. Alameda Avenue, the southerly side thereof, from Buena Vista Street to Keystone Street.
3. Keystone Street, the westerly side thereof, from Alameda Avenue to Riverside Drive.
4. Alameda Avenue, the southerly side thereof, from San Fernando Boulevard to the Southern Pacific Transportation Company railroad right of way.
B. Combination Of Vehicles Defined: The term “COMBINATION OF VEHICLES” shall mean vehicles coupled together.
C. Exemptions: This section shall not apply to vehicles, or combination of vehicles:
1. Parked for not to exceed forty eight (48) hours to load or unload materials or to perform any maintenance thereon which does not violate Section 7-3-107 of this code.
2. Parked by a public or private utility for use in the construction or repair of utility facilities.
6-1-1028: OVERNIGHT PARKING PROHIBITED IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONES:
A. AUTHORITY TO ESTABLISH.
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The Community Development Director is hereby authorized to establish parking zones in commercially and industrially zoned areas where parking shall be prohibited between the hours of 3:00 A.M. and 5:00 A.M. daily.
B. PROHIBITION.
When official signs prohibiting parking in commercial ly and industrially zoned areas between 3:00 a.m. and 5:00 a.m. daily are erected as authorized herein, no person shall stop, stand or park a vehicle in violation of any such signs.
6-1-1029: STOPPING OR PARKING PROHIBITED AT CERTAIN PLACES6:
No person shall stop, stand or park a vehicle in any of the following places when they are so signed or marked as directed by the Public Works Director:
A. NEAR SAFETY ZONE.
At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone.
B. NEAR INTERSECTION.
At any place within fifteen (15) feet of an intersection or curb return, except that a bus or taxicab may stop at a designated bus or taxicab stop.
C. NEAR TRAFFIC CONTROL DEVICE OR STOP SIGN.
Within twenty-five (25) feet of the approach to any traffic signal, stop sign, or official electric flashing device.
D. PLACES DESIGNATED BY PUBLIC WORKS DIRECTOR.
At any place where the Public Works Director in their discretion after due consideration of all relevant factors determines that the stopping or parking of vehicles on a street constitutes a hazard to traffic, life or property, or an obstruction to adequate access by fire, police, health, sanitation or public utility vehicles.
6-1-1030: STOPPING OR PARKING PROHIBITED WHEN STREET USED FOR OTHER PURPOSES; STREET CLEANING:
A. No person shall stop, stand or park a vehicle on any street where the use of such street or any portion thereof is authorized for a purpose other that the normal flow of traffic, or where the use of the street or any portions thereof is necessary for the movement of equipment, articles or structures of unusual size, or for the repair or construction of the street or for the installation of underground utilities, and the parking of such vehicle would prohibit or interfere
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with such use or movement, provided signs giving notice of such a parking prohibition are erecte d at least twenty four (24) hours before the time such prohibition is to take effect.
B. No person shall, stop, stand or park a vehicle on any street where the use of such street or any portion thereof is authorized for street cleaning purposes, provided signs giving notice of such a parking prohibition are erected at least twenty four (24) hours before such prohibition is to take effect.
6-1-1031: REMOVAL OF VEHICLE INTERFERING WITH STREET CLEANING, REPAIR, CONSTRUCTION OR OTHER USE OF THE STREET:
The Chief of Police may remove any vehicle which is parked upon a street where the use of such street or a portion thereof is necessary for a purpose other than the normal flow of traffic or where the use of the street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, or for the cleaning, repair or construction of the street or for the installation of underground utilities, and the parking of such vehicle would prohibit or interfere with such use or m ovement; provided signs giving notice that such vehicles may be removed are erected at least twenty four (24) hours before the removal.
6-1-1032: REMOVAL OF VEHICLE IN VIOLATION OF PARKING OR STANDING PROHIBITION:
Whenever any vehicle is parked or left s tanding in any area where parking is prohibited by this Code, the officers of the Police Department or such officers as are assigned by the Chief of Police to enforce all street traffic laws of this City and state vehicle laws, are hereby authorized to rem ove such vehicles pursuant to Section 22651 of the California Vehicle Code. No such vehicle may be r emoved unless signs are posted giving notice of the removal.
6-1-1033: AUTHORITY TO PLACE EMERGENCY PARKING SIGNS:
A. Whenever the Public Works Director or Community Development Director determines an emergency traffic congestion is likely to result from th e holding of public or private assemblages, gatherings or functions, or for any other reason, the Public Works Director shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing o f vehicles is prohibited on such streets and alleys as the Public Works Director or Community Development Director shall direct during the time such temporary signs are in place. Such temporary signs shall remain in place only during the existence of such emergency and the Public Works Director shall cause such signs to be removed promptly thereafter.
B. When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.
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6-1-1034: PARKING ON HILL OR GRADE7:
No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent (3%) within any business or residence district without blocking the wheels of said vehicle by turning them against the curb or by other means.
6-1-1035: PARKING AT CURB; RIGHT OF WAY:
Any person seeking to park their vehicle in a limited curb parking space, whose vehicle arrives at said parking space prior to any other vehicle, and who proceeds beyond said space at a distance not to exceed ten feet (10') for the purpose of backing their vehicle therein, shall have the right of way over any person driving or attempting to drive any other vehicle directly into such limited curb parking space or who in any manner obstructs such limited curb parking space. It shall be unlawful for the driver of such other vehicle to fail to yield the right of way to the driver who first arrived at said parking space.
6-1-1036: PARKING ON PRIVATE PROPERTY:
No person shall park a vehicle on private property without the express or implied consent of the owner or person in lawful possession of such property.
6-1-1037: PARKING ON VACANT LOTS IN RESIDENTIAL AND COMMERCIAL ZONES:
No person shall park a vehicle o n a vacant lot in any residential or commercial zone unless such use is a permitted use or is authorized by a conditional use permit issued pursuant to the provisions of Title 10, Chapter 1, Article 19, Division 4 of this code and said lot is improved and maintained in accordance with the requirements of Articles 14 and 16 of said chapter, or the use constitutes a valid legal nonconforming use; provided, however, that the Building Official may permit the temporary use of any unimproved vacant lot for the parking of vehicles in connection with a special event or construction.
6-1-1038: PARKING IN FRONT AND SIDE YARD PROHIBITED:
A. No person shall stop, stand or park any vehicle on the improved or unimproved portion of a required front or side setback or yard, including the lawn area thereof in a residential zo ne, except certain vehicles as permitted on an improved driveway or an approved garage or carport under the provisions of Section 10-1-1405 of this code.
B. No person shall stop, stand or park any vehicle of the type to which Title 6 -1- 1008 is applicable upon any driveway, or in any carport or garage in a residential zone for any time except while necessarily loading or unlo ading property, or when such parking is reasonably necessary in the performance of a service to or upon the property upon which such vehicle is parked.
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6-1-1039: TAMPERING WITH TIRE MARKS:
No person shall erase or otherwise eradicate, any mark on the tir e of a vehicle while such vehicle is standing or parked in a time limit standing or parking zone.
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Exhibit B
Amended and Restated BMC Title 6, Chapter 1, Article 12
6-1-1201: AUTHORITY TO ESTABLISH LOADING ZONES9:
The Community Development Director is hereby authorized to determine loading zones and passenger loading zones other than bus zones.
6-1-1202: MARKING OF LOADING ZONES:
Loading zones authorized under Title 6 -1-1201 shall be indicated by either a proper curb marking with the words, “LOADING ONLY” or “PASSENGER LOADING ONLY,” stenciled thereupon in black letters placed on top of the curb; or traffic signs in conformance with the MUTCD and CA Supplement.
6-1-1202.1: AUTHORITY TO ESTABLISH VALET PARKING ZONESI:
The Community Development Director is hereby authorized to establish valet parking zones in the public right of way for the immediate loading and unloading of passengers utilizing the valet parking services. Valet parking zones authorized under this Section shall have signs or markings giving adequate notice thereof.
6-1-1203: AUTHORITY TO ESTABLISH BUS ZONES:
The Public Works Director is hereby authorized to establish bus zones opposite curb space for the loading and unloading of busses of common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.
6-1-1204: LIMITATION ON SIZE OF BUS ZONES:
No bus zone shall exceed eighty (80) feet in length, except that when satisfactory evidence has been presented showing the necessity therefore, the Public Works Director may extend bus zones not to exceed a total length of one hundred twenty- five (125) feet.
6-1-1205: BUS ZONES PROHIBITED NEAR SAFETY ZONES:
[Formerly numbered Section 29 -67; renumbered by Ord. No. 3058, eff. 2/21/87; Deleted by Ord. No. 3723, eff. 7/3/07.]
6-1-1206: MARKING OF BUS ZONES:
The Public Works Director shall post signs at all curbs and places specified as a bus zone.
6-1-1207: PUBLIC WORKS DIRECTOR TO MARK ZONES:
The Public Works Director or Designee shall mark, paint or place all curb marking authorized in this article.
6-1-1208: ALLOCATING COST OF MARKING ZONES:
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The cost of painting curbs prohibiting or restricting stopping, standing or parking of vehicles under this article shall be paid by the person requesting it, and the cost thereof as estimated by the Public Works Director shall first be deposited with the City Treasurer before the work is done. Provided however, this section shall not apply to curb painting required for the public welfare or safety.
6-1-1209: OBEDIENCE TO VALET PARKING ZONES:
No person shall stop, stand or park any vehicle in a valet parking zone except for the immediate loading and unloading of passengers utilizing the valet parking services, when such area is signed or marked as directed by the Public Works Director.
6-1-1210: OBEDIENCE TO BUS ZONE:
No person shall stop, stand or park any vehicle except a bus in a bus zone.
6-1-1211: STANDING IN ANY ALLEY:
No person shall stop, stand or park a vehicle in any alley for any purpose other than the loading or unloading of persons or materials, provided that the loading or unloading of passengers shall not consume more than three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes and loading and unloading operations shall not block alley to through traffic.
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Exhibit C
Amended and Restated BMC Title 6, Chapter 1, Article 29
6-1-2901: DEFINITIONS:
For purposes of this chapter, the following words shall have the following meanings:
COMMUNITY DEVELOPMENT DIRECTOR: Means the Community Development Director or their designee.
OPERATOR: Means any person engaged in the business of a valet parking operation.
PUBLIC RIGHT -OF-WAY: Shall mean any area dedicated for public use as a public street, pedestrian way, or other thoroughfare, including but not li mited to, roadways, parkways, alleys, sidewalks, and pedestrian ways.
PUBLIC WORKS DIRECTOR: Means the Public Works Director, or their designee.
ROUTE DIAGRAM: Means a written parking operation will be performed to the off- street parking location at which vehicles will be parked.
VALET PARKING SERVICE: Shall mean and include a business establishment engaged in, conducting or managing the parking of other person’s motor vehicles, whether such persons are employed by, or under contract to, the business, residence or other organization for which the vehicles are being parked or whether such persons are operating independently thereof.
VALET STAND: Means a sign or kiosk, temporary or permanent, approved by the Community Development D irector designating the l ocation and hours of an authorized valet parking operation.
6-1-2902: PERMIT REQUIRED:
It is unlawful for any person to operate, engage in, conduct, manage, or cause to be operated, any valet parking operation or any related activity where movement of vehicles is on or over any public -right-of-way or public property without a City - issued valet parking permit. On private property the additional authorization of the owner or lessee of such property is required.
6-1-2903: PERMIT APPLICATION REQUIREMENTS.:
Regular and temporary valet parking permits shall be issued as follows:
1. All regular permit applications shall be completed on a form designated by the Community Development Director, and signed by the valet operator under penalty
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of perjury. All forms shall be filed with the Community Development Department a minimum of thirty (30) days prior to the date requested for the issuance of the permit. Regular valet parking permits shall be issued annually. Renewal applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. City reserves full discre tion to deny any application. Where valet operator is a corporation, association, partnership, or other legal entity, “VALET OPERATOR” shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent (10%) of suc h entity. All valet operators applying for valet parking permits shall provide the following information with their applications:
(a) The hours of operation and the number of employees of the operator who will be assigned to carry out the activity for whic h the license is sought;
(b) The location(s) where vehicles will be parked or stored.
(c) The name, location, and telephone number where a responsible person, employee, or agent of the operator will be available at all times during the hours of operation;
(d) The routes to be used between the passenger loading zone or other vehicle pickup poin t and the parking or storage location;
(e) A statement from the owner of any parking facility designated as the parking or storage location as to that facility’s ability to accept the cars, the number of spaces to be reserved for the valet operator’s oper ations, the total number of spaces in such parking facility, and estimates of the percent usage of the facility prior to, and subsequent to the proposed activity for which the permit is sought. In cases where the parking facility is part of a building or premises devoted to other uses which require off-street parking, the statement shall also include information as to the number of parking spaces which were required by law to be provided in the parking facility to serve such other uses when said uses were e stablished;
(f) A copy of the written contract or covenant between the valet operator and the owner of the parking facility designated as the parking or storage location, which contract or covenant shall contain a provision that it cannot be canceled without at least thirty days’ notice to the other party and to the city;
(g) The location of any proposed signs for the valet service and any proposed attendant stands; design and color scheme determined by the City.
(h) Proof that the valet operator has ins urance in force satisfying the requirements of Section 6-1-2905 acceptable to the City of Burbank Risk
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Manager; and
(i) Payment of a nonrefundable application fee, space use fee, and if applicable, meter cover fee in an amount designated in the Fee Resolution.
2. Temporary Valet Permits. In a circumstance involving a non-recurring special event or a special need of an valet operator to commence operations prior to the time an application can be processed for regular license issuance, a temporary permit for a period of operation not exceeding seven calendar days may be issued by the Community Development Director upon the submittal of an application, accompanied by the applicable fees, and the proof of insurance required by this chapter. Any other requirement of this chapter may be waived by the Community Development Director in connection with a short -term license if the Community Development Director finds and determines that it would be impossible or impractical for the valet operator or permittee to comply with such requirement and that compliance with such requirement is not necessary in order to prote ct the interest of the city or the public peace, health or safety. Nothing in this chapter shall preclude the reissuance of any such special license or the issuance of any new special license.
6-1-2904: OPERATING REQUIREMENTS:
1. Operating in the Public Rights -of-Way. The owner shall at no time, unless expressly stated on the permit, commit or do any of the following acts:
(a) Receive, take possession of (for the purpose of parking or temporary storage until the return of the same to the patron), or move a patron’s vehicle upon any portion of the public right of way or other public property; or
(b) Park and leave standing any patron’s vehicle upon any portion of a public right-of-way or other public property (including any publicly owned off-street parking space).
2. Parking. It shall be unlawful for any operator to park any patron’s vehicle upon private property without express authorization by the owner or other person in charge of such private property.
3. Valet Attendants. The owner shall employ valet attendants/staff sufficient in number to park vehicles so that traffic on highways or sidewalks or both will not be impeded by the activities of the permittee.
4. Locking of Vehicles. Except where a patron or guest parks their own vehicle, the attendant parking a vehicle shall lock the ignition and the vehicle, remove the key and place the key in a safe place. The attendant shall not place the key in or upon the vehicle parked.
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5. Claim check. No operator shall fail to give a claim check to the owner upon receipt of each motor vehicle accepted for valet parking. The claim check shall explicitly state the terms and conditions under which the vehicle is being accepted.
6. Permit availability. A copy of the operator’s permit comple te with route diagram must be maintained at every valet parking operation site.
7. Sign Requirements.
(a) Each owner shall maintain, at each location at which a patron surrenders their vehicle for parking, a sign plainly visible from the street with letters and numerals in contrasting colors, showing the owner’s name, the address and telephone number of the business, the time when the owner is no longer on duty, and the parking fees, if any. If fees are charged, such fees also shall be stated as follows:
(1) Rates per hour;
(2) Rates per fraction of an hour, if any;
(3) Rates for subsequent hours or fractions thereof; and (4) The maximum charge.
(b) All fractions of time must be spelled out in letters.
(c) No signs shall be posted, pursuant to this section, which would be in violation of the Burbank Municipal Code.
8. Rate Restrictions. The operator of a valet parking service shall not charge any higher rates for parking than those rates posted.
9. Closing Time. At each closing time, the owner shall lock or cause to be locked each vehicle, except those locked by the person bringing the vehicle to the valet parking service, if a key is available, and shall deposit or cause to be deposited such key with a responsible person at a safe and convenient pla ce, to be delivered to the person who parked the vehicle upon surrender of the parking ticket if one was given to such person, or otherwise upon proof that such person has the right to possess the vehicle.
10. Parking Longer Than Forty -Eight Hours - Notice to Police. The owner, or their agents and employees, shall notify the Police whenever a vehicle has been left in their custody for a period in excess of forty -eight hours without a prior contractual arrangement for such period of time in order to determine whether the vehicle is stolen or abandoned.
11. Employee Identification. The owner and all employees of the owner who drive patrons’ vehicles or who handle keys belonging to patrons shall each have an appropriate current and valid California driver’s license.
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12. Location and minimum space requirement. All valet parking operations shall be conducted at valet zones, with a minimum space of 40 feet along the curb. No operations shall be allowed in diagonal parking spaces. The City reserves the right to permit multiple valet operators at any one location.
13. Downtown Parking District. Location of acceptable valet parking in the Downtown Parking District, as defined in Section 10-1-1407.1, shall be designated by the Community Development Director.
6-1-2905: INSURANCE:
A. Prior to the issuance of a permit under this Chapter, the valet operator shall maintain a business auto liability policy, to include garagekeeper’s legal liability, with a limit of not less than $100,000 for each accident.
B. The City of Burbank shall be covered as an additional insured under the business auto liability policy of the permittee.
C. Insurance must be placed with insurers admitted in the State of California or have a current A.M. Best rating of no less than A:6.
D. The insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice by certified mail has been given to the City.
E. Prior to the issuance of a permit under this Chapter, and at all times while the permit is in effect, the valet operator shall maintain on file with the City proof of the insurance required herein and provide the City a copy of applicable insurance policies.
F. If the insurance policies issued to the valet operator pursuant to this Chapter are cancelled for any reason, the permit issued under this Chapter is automatically suspended. In order to reinstate the permit, the permit holder shall provide a new certificate and policy of insurance to the City.
G. The valet operator shall maintain in force and effect at all times while the permit is in effect Workers’ Compensation insurance as required by law.
6-1-2906: INDEMNITY:
The valet operator, and any person acting under or pursuant to a permit, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the city, its council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability,
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loss, suits, claims, damages, costs, judgments, costs, end e xpenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, directly or indirectly, wholly or in part, or are claimed to result from, or arise out of: (1) any use or performance under the permit; (2) the activities and operations of the operator and their employees, subcontractors or agents; (3) any condition of property used in the operation; or (4) any acts, errors or omissions (including, without limitation, professional negligence) of the operator or sponsor and their employees, subcontractors or agents in connection with the valet parking operation.
This indemnity includes, but is not limited to, personal injury (including death at any time) and property or other damage sustained by any person or persons (including, but not limited to, companies, or corporations, permittee and its employees, valet parking customers and members of the general public).
6-1-2907: REGULATIONS:
A. The Community Development Director may from time to time issue written regulations for distribution to valet operators regarding the implementation of the provisions of this Chapter, including, but not limited to, the safe and lawful conduct of all valet operations, permit application procedures and permit standards.
B. Such regulations shall be binding upon valet operators, who shall comply with such written regulations as a term and condition of the permit.
6-1-2908: AUTHORIZED VALET PARKING LOCATIONS:
A valet parking operation may be conducted only at a location and during hours approved by the Community Development Director and designated by official valet parking signs stating the authorized location and hours of operation. Permits shall designate the specific location for which a valet parking operation is approved.
Valet parking operations are permitted as a special privilege and not as a matter of right and are considered temporary, nonpermanent and for a nonexclusive use of the specific location. W here multiple valet parking operation locations on any particular street are found by the Community Development Director not to unreasonably and regularly interfere with the use of available street parking, the Community Development Director may issue a pe rmit that designates the same location for a second or more valet parking operations.
6-1-2909: CONFORMANCE WITH APPLICABLE LAWS:
Nothing in this Chapter is intended to authorize or authorizes the parking of motor vehicles by valet parking operators in a manner contrary to, and all valet owners shall comply with, applicable state laws and local parking and traffic regulations, including the Burbank Municipal Code.
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6-1-2910: CONDITIONS IMPOSED ON PERMIT:
A. Conditions may be imposed on the permit as are reasonably necessary to protect the peace and tranquility of any residential area, mitigate traffic impacts, protect other uses in the area, or protect the public health, welfare and safety.
B. Any person issued a permit pursuant to this Chapter shall com ply with all conditions that are imposed as part of the permit pursuant to subsection (a) of this Section.
6-1-2911: PENALTY FEES:
A. For failure to pay a permit fee when due, the Community Development Director may, in their designee’s discretion, revoke or terminate the permit or add a penalty of ten percent (10%) of the original permit processing fee on the last day of each month after the due date, provided that the total penalty to be added shall in no event exceed fifty percent (50%) of the amount of the original fee.
B. Any person who participates in a valet parking operation prior to obtaining a permit therefore shall pay a penalty fee double the application fee for the first six (6) months of properly permitted use. The payment of the additional fee shall not relieve su ch person from the obligations imposed by this chapter, or from the penalties otherwise prescribed herein.
6-1-2912: ANNUAL REPORT:
An annual report must be filed by the valet operator with the Community Development Director, which shall include a verification that the permittee is in compliance with the provisions of this chapter and such further information as the Community Development Director may require.
6-1-2913: SUSPENSION OF OPERATIONS:
A. A police officer may suspend all operations of a valet parking operator in any location, except for retrieval of vehicles already subject to valet parking, for the remainder of the day’s hou rs of operation (which suspension may extend to 8:00 a.m. of the following day), upon the issuance, the operator or its employees, of two or more citations for violation of the California Vehicle Code in any 5 -hour period in said location.
B. A police off icer may suspend all operations of a valet parking operator in any location, except for retrieval of vehicles already subject to valet parking, for the remainder of the day’s hours of operation (which suspension may extend to 8:00 a.m. of the following day ), upon the occurrence, in said location, of any traffic collision arising out of operating conditions or where otherwise required because
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of an emergency situation whether or not arising from the operation of the valet parking operation.
6-1-2914: GROUNDS FOR REVOCATION OR SUSPENSION OR DENIAL:
A. A permit may be suspended, revoked or denied by the Community Development Director if:
1. The permittee, or their agents or employees, through carelessness, negligence or failure to make proper provision for the safeguarding of vehicles left in their custody, has facilitated or contributed toward the theft or conversion of any such vehicle; or
2. The permittee, or their agents or employees, has failed to cooperate with the Burbank Police Department in the investigation of any theft or other crime committed on a parking lot used or which arose out of the conduct of the business for which the permit was issued; or
3. The permittee, or their agents or employees, knowingly delivered a vehicle in their custody to a person who is neither the registered owner thereof nor entitled to the custody of such vehicle.
4. The permittee does not have a valid permit from the City of Burbank.
5. The permittee has made a material misrepresentation in their application.
6. The business or valet operation prescribed by the permittee has substantially impacted traffic or disrupted the peace and quiet within any area of the City.
7. The valet parking operation at the specified locations is found to be incompatible with other uses in the vicinity.
8. The permittee has violated any condition of a previous or existing permit within the City of Burbank during the past five years.
9. The proposed valet operation fails to comply with other criteria designated under this Section for the issuance of a permit or any other rules or regulations governing valet parking.
10. The building, structure, premises or equipment used by the permittee to conduct business fails to comply with all applicable health, zoning, fire, and building and safety laws of the State or the City.
11. The Community Development Director shall notify a valet operator in writing when a permit is denied, suspended, or revoked.
6-1-2915: APPEAL:
Any person dissatisfied with the decision of the Community Development
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Director pursuant to this section may appeal such decision to the Permit Appeals Panel pursuant to the procedure set forth in Title 2, Chapter 1, Article 15 of the Code.