A] IN1110ril014a0us] [cR40% AN
ORDINANCEOF THE CITY OF MOUNTAINVIEW: 1)
AMENDINGMOUNTAIN VIEW CITY CODE SECTION19. 72 PROHIBITINGPARKING IN EXCESSOF 72 HOURSTO DEFINETHE TERM "VEHICLE" AS USEDTHEREIN, ADD A 24-HOURNO - RETURNREQUIREMENT, ADD A PRE -REMOVALNOTICE REQUIREMENT, AND
ADD LANGUAGEREQUIRING COMPLIANCE WITH CALIFORNIAVEHICLE CODE POST - STORAGENOTICE AND HEARINGREQUIREMENTS; AND ( 2) FINDINGTHAT THIS CODE AMENDMENT
IS NOTSUBJECTTO THECALIFORNIAENVIRONMENTALQUALITY ACT WHEREAS, Mountain View City CodeSection19. 72 prohibitsany vehiclefrom being parked on a citystreet, alley or publiclyowned parking lot for morethan seventy-two ( 72) consecutivehours; and WHEREAS,
this 72- hourparkinglimit has beenin effectsince 1966 when it wasfirst adoptedin MountainView OrdinanceNo. 24. 66; and WHEREAS,
the 72- hourparkinglimit as setforthin MountainView City CodeSection19. 72 has been a sourceof confusionfor MountainView residentsand visitorsbecause it is unclearwhat individualswho park their vehiclesin MountainView must do in orderto avoidviolatingthe 72- hourparkinglimit; and WHEREAS,
staff recommendsthat the City Councilamend Section 19. 72 to generallyclarify the 72- hourparkinglimit requirementsand to addpre -tow noticingrequirementsand languagerequiring compliancewith CaliforniaVehicle Code post - storagenotice and hearingrequirements; now, therefore, THE
CITY COUNCILOF THE CITY OF MOUNTAINVIEW DOES HEREBYORDAIN AS FOLLOWS: Section
1. Chapter19, ArticleVIII, Division3, Section19. 72, of theMountainView City Codeis herebyamendedto add, deleteor modifyits provisionsas set forthbelow (section titles are shown in boldfont, deletionsare shownby stFiI(ethF9gI-, andadditionsare shownin underline). SEC.
19. 72. — o.,..
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ftin excesssof - seventytwo ( 72) „ utiye h. UFSh „ 1hihitedSeventy - Two 72) hour parkinglimit — Twenty - Four ( 24) hour no return. 1- Ordinance No. 3. 2023
a. For purposes of this Section, the term " vehicle" shall mean any device by which any person or property may be propelled, moved. or drawn upon a street or hi6way. except a device moved exclusively by human power.
b. No person shall park or leave standing any vehicle on any public street, highway, alley, or Publicly owned parking lot for more than seventy- two ( 72) consecutive hours. This prohibition shall apply to all vehicles parked or left standing within Mountain View city limits unless explicitly exempt from this parking restriction by this Section or another section of the Mountain View City Code.
C. Any vehicle that has been parked or left standing in the same location or parking spot for seventy- two ( 72) consecutive hours must be moved at least one thousand ( 1000) feet approximately two - tenths ( 2/ 10) of a mile) from its current location and may not return to the same parking spot for at least twenty- four ( 24) hours after its departure. d. A vehicle shall be deemed to have been parked or left standing in violation of the seventy- two ( 72) hour parking limit if:
1. the vehicle has not been moved at least one thousand ( 1000) feet ( approximately two - tenths ( 2/ 10) of a mile) from the location or parking spot where it was originally parked or left standing for seventv- two ( 72) consecutive hours: or
2. less than twenty- four ( 24) hours after the vehicle is moved in accordance with this Section, the vehicle returns to the same parking spot where it was previously parked or left standiniz for seventv- two ( 72) consecutive hours. e. Any vehicle that has been parked or left standing in violation of this seventy- two ( 72) hour parking limit may be removed from the street in accordance with California Vehicle Code Section 22651. as may be amended or renumbered from time to time. f. Prior to removinE anv vehicle from the street for violation of this seventv- two ( 72) hour parking limit, a warning notice advising that the vehicle will be removed or towed for violation of this code section if the vehicle is not moved at least one thousand ( 1000) feet approximately two - tenths ( 2/ 10) of a mile) from its current location within the next thirty- six ( 36) hours shall be conspicuously affixed to the vehicle. The notice shall also advise that the vehicle shall not be returned to its current parking spot for at least twenty- four ( 24) hours after departure and. if it does return. it will be subiect to immediate removal.
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Ordinance No. 3. 2023
g. Any attempt to remove or hide chalk or other markings placed by an authorized city employee for purposes of enforcement of this seventy- two ( 72) hour parking limit may result in the issuance of a citation and removal of the vehicle without further warniniz. h. Whenever a member of the Mountain View police department or other authorized city employee removes a vehicle from the street pursuant to this Section and causes it to be stored or impounded as permitted by the California Vehicle Code, the police chief or their designee shall comply with California Vehicle Code Section 22852, as may be amended or renumbered from time to time, governing post - storage notice and hearing requirements for registered and legal owners of record.
i. The police chief or their designee shall establish and promulgate written administrative guidelines governing enforcement of the seventy- two ( 72) hour parking limit and said guidelines shall be made accessible to members of the public. i. If this Section or any of its Subsections conflict with any other provisions of the Mountain View City Code, this Section shall govern for purposes of the seventy- two ( 72) hour parking limit.
Section 2. Pursuant to California Code of Regulations section 15060( c)( 2), these code amendments are not subject to the California Environmental Quality Act (" CEQA") because they will not result in a direct or a reasonably foreseeable indirect physical change in the environment.
Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
Section 4. Pursuant to Mountain View City Charter section 522, at least two ( 2) days prior to final adoption of this ordinance, the City Clerk shall post the ordinance in three ( 3) prominent places in the City and publish in the City' s official newspaper notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of the ordinance are posted.
Section 5. Pursuant to Mountain View City Charter section 519, this ordinance shall become effective thirty ( 30) days after the date of its adoption. 3-
Ordinance No. 3. 2023
The foregoing ordinance was regularly introduced at the Regular Meeting of the City Council of the City of Mountain View, duly held on the 14th day of February 2023, and thereafter adopted at the Regular Meeting of said Council, duly held on the 28th day of February 2023, by the following roll call vote:
AYES: Councilmembers Abe- Koga, Kamei, Matichak, Ramirez, Ramos, Vice Mayor Showalter, and Mayor Hicks
NOES: None
ABSENT: None
ATTEST: APPROVED:
HEATHER GLASER
CITY CLERK
Date of Attestation:
J L/ 6/ O RD
011- 02- 14- 23o
ALISON HICKS
MAYOR
Pursuant to Mountain View Charter § 709( b), I do hereby certify that the foregoing is an original or a correct copy of the ordinance passed and adopted by the City Council of the City of Mountain View at a Regular Meeting held on the
28th day of February 2023, by the foregoing vote, and was published in the Daily Post by reference on the 24th day of February 2023, and posted in three prominent places in said City.
City Clerk
City of Mountain View
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