Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JAMES ECKART, CITY PROSECUTOR
DATE: MARCH 11, 2025
SUBJECT: AN ORDINANCE AMENDING CHAPTER 1 (“TRAFFIC
REGULATIONS”) OF ARTICLE III (“PUBLIC SAFETY”) OF THE
DOWNEY MUNICIPAL CODE TO REGULATE APPROVED USES OF
PUBLIC PARKING LOTS AND PUBLIC PARKING STRUCTURES
EXECUTIVE SUMMARY
The City Council will consider adopting an Ordinance regulating the uses of public parking lots and public parking structures in an effort to ensure that: (i) public parking spaces are available to persons who wish to use them to be able to partake in commercial, recreational, and civic offerings within the City; and (ii) public parking lots and public parking structures are being maintained in a manner that best protects the health, safety, and welfare of persons using the lots and structures, as well as of the general public.
RECOMMENDATION
That the City Council:
Introduce an Ordinance amending Chapter 1 (“Traffic Regulations”) of Article III (“Public Safety”) of the Downey Municipal Code to regulate approved uses of public parking lots and public parking structures.
BACKGROUND
The City of Downey has set aside certain parking lots and a parking structure in order to provide ample and safe parking for persons who wish to partake in and enjoy the commercial, recreational, and civic offerings within the City.
Over the past several years, the City made several improvements to the public parking structure at 8201 2nd Street in the Downtown, in an effort to increase public safety – including, but not limited to, installation of security cameras, upgrading lighting throughout the parking structure to light-emitting diode (“LED”) bulbs, re-painting the structure, and performing additional maintenance within the structure. The City has also expanded security patrols within the parking structure (as well as the surrounding Downtown area and at City parks) by a contract patrol service provider.
ORDINANCE REGULATING APPROVED USES OF PUBLIC PARKING LOTS AND PUBLIC PARKING
STRUCTURES
MARCH 11, 2025
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Notwithstanding these efforts, City personnel continue to encounter persons who consume alcohol, use narcotics, or openly urinate within the public parking structure, or who otherwise loiter within the structure. Additionally, parking spaces are occasionally inaccessible to Downey patrons due to other persons parking or storing inoperable vehicles in the spaces.
The City continues in its efforts to increase safety for all persons using the public parking lots and structures and is proposing the changes herein in an effort to continue to enhance safety at these locations.
ANALYSIS
The City Council has enacted various regulations to curtail conduct within the public parking lots and public parking structures that would have adverse impacts upon persons using the lots and structures for legitimate purposes and the general public. Additionally, as previously stated, the City Council has authorized several improvements to the public parking structure at 8201 2nd Street in Downtown to increase public safety and improve the experience of those that utilize the City’s parking facilities.
Notwithstanding these efforts, the Downey Police Department, City Staff, and the contract security service provider continue to encounter persons who commit activities within the parking structure that endanger the health, safety, and welfare of the public – or persons who otherwise inhibit or interfere with the legitimate and intended use of public parking lots and public parking structures.
In an effort to continue finding ways to increase the safety of persons using public parking lots and public parking structures, as well as of the general public, the proposed Ordinance seeks to primarily accomplish the following:
a) Prohibit persons from being in the public parking structure without a legitimate purpose (i.e., parking or removing a vehicle, or walking to or from a parked vehicle);
b) Prohibit the parking of inoperable vehicles in public parking lots or public parking structures;
c) Expressly prohibit persons or vehicles from being in public parking lots or public parking structures, or portions thereof, when they are closed – and explicitly authorize the towing of any vehicle parked inside of these locations while they are closed;
d) Consolidate currently existing restrictions in located in various areas of the City’s Municipal Code that relates to the use of public parking lots and public parking structures for commercial purposes; and,
e) Authorize the Director of Public Works to promulgate additional rules, regulations, and procedures consistent with the proposed Ordinance to regulate the use of
ORDINANCE REGULATING APPROVED USES OF PUBLIC PARKING LOTS AND PUBLIC PARKING
STRUCTURES
MARCH 11, 2025
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public parking lots and public parking structures. This includes setting hours and closure of floors depending on City’s needs and safety concerns. Recently the top floor of the City parking structure has been permanently closed due to a number of security issues that have arisen. Staff is continuing to monitor impacts and will report back to the City Council in the next few months to discuss next steps and options.
The proposed Ordinance would augment the City’s ability to protect the public health, safety, and welfare – and allow people to continue using public parking lots and public parking structures for their intended use. The proposed Ordinance would apply to all City- owned and operated lots and structures, either now existing or in the future.
CITY COUNCIL PRIORITIES
Quality of Life, Safety, & Infrastructure
FISCAL IMPACT
Although there is no immediate fiscal impact, it is likely that Staff will need to create and post additional signage at certain public parking lots and/or structures to effectively implement the proposed Ordinance.
ATTACHMENTS
Attachment A: Proposed Ordinance
ORDINANCE NO. 25-_______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING CHAPTER 1 (“TRAFFIC REGULATIONS”) OF ARTICLE III (“PUBLIC SAFETY”) OF THE DOWNEY MUNICIPAL CODE TO
REGULATE APPROVED USES OF PUBLIC PARKING LOTS AND
PUBLIC PARKING STRUCTURES
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, the City of Downey assists residents and guests of the City to partake in and enjoy the commercial, recreational, and civic offerings within the City by providing off-street parking within public parking lots and public parking structures; and,
WHEREAS, the City Council of the City of Downey desires to ensure that public parking lots and public parking structures are maintained in a manner that best protects the public health, safety, and welfare of those persons utilizing public parking lots and public parking structures, and of the general public; and,
WHEREAS, the City Council of the City of Downey seeks to prohibit behavior and activities that would interfere with or otherwise inhibit the legitimate use of public parking lots and public parking structures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3178 (“Parking of Vehicles Prohibited – Commercial Uses in Public Parking Lots or Structures”) of Chapter 1 (“Traffic Regulations”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby deleted in its entirety:
§ 3178. PARKING OF VEHICLES PROHIBITED—COMMERCIAL USES
IN PUBLIC PARKING LOTS OR STRUCTURES.
No person shall park a vehicle upon any public parking lot for the purpose of:
(a) Displaying such vehicle for sale;
(b) Advertising purposes;
(c) Soliciting business or the use of such vehicle for any purpose; or
(d) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency but in no event to exceed two hours.
SECTION 2. Section 3178 of Chapter 1 (“Traffic Regulations”) of Article III (“Public Safety”) of the Downey Municipal Code is reserved for future use.
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SECTION 3. Section 3199.11 (“Public Parking Lots”) of Chapter 1 (“Traffic Regulations”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby amended to read as follows:
§ 3199.11. PUBLIC PARKING LOTS AND PUBLIC PARKING
STRUCTURES
(a) As used in this section part public parking lot" shall mean any parking lot or area owned by or under the control of the City, and approved and made available for use by the public for the parking of motor vehicles used for parking of motor vehicles and owned by the City or under control of the City.
(b) As used in this chapter, “public parking structure” shall include any structure owned by or under the control of the City, and approved and made available for use by the public for the parking of motor vehicles.
SECTION 4. Section 3199.12 (“Public Parking Lots and Structures—Prohibited Acts”) of Chapter 1 (“Traffic Regulations”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby amended to read as follows:
§ 3199.12. PUBLIC PARKING LOTS AND PUBLIC PARKING
STRUCTURES—PROHIBITED ACTS.
(a) Purpose. The City Council of the City of Downey seeks to provide off-street parking within public parking lots and public parking structures for persons who wish to utilize commercial, recreational, and civic offerings within the City of Downey. In so doing, the City Council seeks to deter activities and behavior that interfere with or otherwise inhibit the stated goal of the City Council, or that otherwise adversely impact the health, safety, and welfare of authorized users of public parking lots and public parking structures and of the general public.
(b) Compliance.
(1) The Director of Public Works shall have the authority to promulgate rules, regulations, policies, and procedures regulating the use of public parking lots and public parking structures within the City, that are consistent with the purpose of this Section and other applicable laws.
(2) Pursuant to Section 10102(a) of this Code, the Director of Parks & Recreation shall have the concurrent authority to promulgate rules, regulations, policies, and procedures regulating the use of public parking lots and public parking structures that are appurtenant to any public parks within the City, that are consistent with the purpose of this Section and other applicable laws.
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(3) No person shall enter, be in, or remain in, nor shall any vehicle be stopped, parked, or left standing in, any public parking lot or public parking structure unless in compliance with all of the regulations set forth in this Section applicable to such public parking lot or public parking structure, and with all other applicable ordinances, rules, and regulations, and with any conditions made a part of any applicable
permit.
(c) Hours of Operation. No person or vehicle may be present in or upon any public parking lot or public parking structure, or portion thereof, at any time when the public parking lot or public parking structure, or portion thereof, is closed to the public and has been posted with signage stating either the hours of operation or that the public parking lot or public parking structure, or portion thereof, is closed.
(d) Towing of Vehicles. Any vehicle that is parked in or upon any public parking lot or public parking structure, or portion thereof, during any time when the public parking lot or public parking structure, or portion thereof, is closed to the public, may be removed under the direction of any police officer or authorized traffic enforcement officer, in accordance with California Vehicle Code Section 22651(n), Downey Municipal Code Section 3183, and/or any other applicable law.
(e) Prohibited Acts
(1) General. No person may be present in any public parking structure unless actively engaged in one of the following activities or accompanying someone who is so engaged:
(i) Parking a vehicle, removing/unparking a vehicle, or riding in a vehicle that is being parked or
removed/unparked;
(ii) Departing from or returning to a vehicle that is
parked in the parking structure;
(iii) Operating or maintaining the parking structure as an employee or contractor for the City; or
(iv) Any other lawful activity for which an approval has been granted or a permit has been issued by the
Director of Public Works or authorized agent thereof.
(2) Abandoned or inoperative vehicles. No person shall park a wrecked, dismantled, inoperative, or abandoned vehicle, nor any vehicle that is not currently registered with the Department of Motor Vehicles, within a public parking lot or public parking structure at any time.
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(i) Exception. Any vehicle that becomes mechanically
inoperable while parked in a public parking lot or
public parking structure, or portion thereof, shall be
removed within two (2) hours. In no event shall a
mechanically inoperable vehicle remain in a public
parking lot or public parking structure, or portion
thereof, when that lot or structure, or portion thereof, is closed to the public.
(3) Bicycles, Skateboards, Roller Skating, and Similar
Devices Prohibited. No person shall use or ride any
bicycle, skateboard, roller skates, rollerblades, scooter, or similar devices within any public parking structure.
(i) Exception. This section shall not prohibit the use of any personalized mobility device used for
transportation purposes of disabled persons.
(4) Commercial Uses. No person shall park any vehicle in or upon any public parking lot or public parking structure for any of the following purposes:
(i) Displaying such vehicle for sale;
(ii) Advertising purposes;
(iii) Soliciting business or the use of such vehicle for any purpose, except for public transportation vehicles or
app-based rideshare vehicles only when actively
picking up or dropping off a passenger; or,
(iv) Washing, detailing, greasing, or repairing such
vehicle, except repairs necessitated by an
emergency but in no event to exceed two hours.
(5) Vending. No person shall stand or park on or in any in or upon any public parking lot or public parking structure any vehicle, wagon, pushcart, or other such conveyance from which food, beverages, goods, wares, or merchandise,
fruits, vegetables, or foodstuffs are sold, displayed,
solicited, or offered for sale, bargained or exchanged unless approved by a special permit as issued by the Director of Public Works or designee thereof.
SECTION 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other Ordinance or provision of the Downey Municipal Code referenced in this Ordinance shall affect in any manner any offense or act committed or done or any penalty or forfeiture incurred, or any right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit, or proceeding pending or any
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judgment rendered prior to the effective date of this Ordinance. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. The provisions of this Ordinance shall have priority over substantially similar provisions previously adopted by the City relating to the same subject matter.
SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this ____ day of ____________, 2025.
HECTOR SOSA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
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I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular meeting held on the ____ day of _____, 2025, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
__________________________
MARIA ALICIA DUARTE, CMC
City Clerk