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Home My WebLink About1197 - Regulate Electric Vehicle Charging Stations ORDINANCE NO. 1197 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 17 TO CHAPTER 1 AND AMENDING SECTION 7361 IN ARTICLE 3, CHAPTER 3 IN DIVISION 8 OF THE UKIAH CITY CODE TO REGULATE ELECTRIC VEHICLE CHARGING STATIONS. The City Council of the City of Ukiah ordains as follows: SECTION ONE. Anew Article 17, entitled "Regulation of Electric Charging Station Spaces on City Streets and Municipal Off-Street Parking Lots" shall be added to Chapter 1, Division 8 of the Ukiah City Code and shall read as follows. ARTICLE 17. REGULATION OF ELECTRIC CHARGING STATION SPACES ON CITY STREETS AND MUNICIPAL OFF-STREET PARKING LOTS Sections: 7260 Definitions 7261 Method of Regulation 7262 Signs or Markings for Electric Vehicle Charging Stations 7263 Restrictions for Electric Vehicle Charging Stations. X7280 DEFINITIONS....... ... ____. _.. ....... 1 The following words and phrases contained in this Section when used in this Division shall, for the purpose of this Division, have the meanings respectively ascribed to them in this Section. A. "Charging" means an electric vehicle parked at an electric vehicle charging station which is electrically connected to the charging station equipment. B. "Electric Vehicle" means a "motor vehicle' as defined in the California Vehicle Code, and (i) which displays the State of California Air Board ZEV (Zero Emission Vehicle) sticker or(ii) any vehicle defined by the California Air Resources Board as "off-vehicle charge capable' meaning having the capability to charge a battery from an off-vehicle electric energy source that cannot be connected or coupled to the vehicle in any manner while the vehicle is being driven. C. "Electric Vehicle Charging Station" means one or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. 1 17261METHOD OF REGULATION The City Traffic Engineer is authorized in accordance with the purposes of this chapter to designate spaces on public streets and in Municipal off-street public parking facilities for the exclusive parking of electric vehicles that are connected to Electric Vehicle Charging Stations for the purpose of transferring electricity to the battery or other energy storage device of an electric vehicle. §7262 SIGNS OR MARKINGS FOR ELECTRIC VEHICLE CHAR1 111.11 -1GING STATIONS Upon designation of a parking space or spaces for the exclusive use of electric vehicles pursuant to Subsection 7261 of this Article, the Public Works department, or, if the space is leased, the tenant, shall place signs or markings giving adequate notice that the parking space or spaces are restricted and to be used only for such electric vehicles. The signs or markings shall be in compliance with the specific content and location requirements set forth in California Vehicle Code § 22511(d) indicating that vehicles left standing in violation of the restriction may be removed. The parking restriction shall not apply to the designated parking spaces until the ' sign or markings have been placed. §7263.RESTRICTIONS FOR ELECTRIC VEHICLE CHARGING STATIONS ...... . ...... .. ............ .................. ._ ........ ........ ........... ._._. ..... A. In parking spaces designated by the use of markings and/or posting as Electric Vehicle Charging Stations in which general parking is prohibited, only Electric Vehicles are allowed to park for charging. B. It is unlawful for a person to park or leave standing a vehicle in a parking space designated by the use of markings and/or posting as an Electric Vehicle Charging Station in which general parking is prohibited, on a public street or Municipal off-street parking facility unless the vehicle is connected for electric charging. C. It shall be unlawful for a person to obstruct, block, or otherwise bar access to a parking space designated by the use of markings and/or posting as an Electric Vehicle Charging Station in which general parking is prohibited, on a public street or Municipal off-street parking facility unless the person's vehicle is parked or left standing in the stall or space while the vehicle is ' connected for electric charging. 2 ' D. The Ukiah Police Department is authorized to remove or cause the removal of vehicles parked in violation of this Section in accordance with California Vehicle Code § 22511. §7264 INFRACTION_PENALTY FOR VIOLATING THIS ARTICLE _. ......... .---..... It shall be unlawful and constitute an infraction for any person to violate any provision of this Article. Any such violation shall be punishable by a fine not exceeding fifty-five dollars ($55.00). SECTION TWO. Section 7381, entitled "Removal of Vehicles" in Article 3, Chapter 3, Division 8 of the Ukiah City Code shall be amended to read as follows. §7381 R_E..MOVALOF.VEHICLES . . . . The ___ .......... Police Department is hereby empowered to remove, or cause to have removed to the nearest garage, vehicle storage facility, or other place of safety, or to a garage designated or maintained by the City, any vehicle that is stopped, standing or parked on any municipal off- street parking lot in violation of§§ 7263, 7318, 7352, 7361 or 7366 of this Chapter or which is ' left for a period exceeding thirty (30) hours. The provisions of Chapter 10 of Division 11 of the Vehicle Code of the State of California pertaining to notice to owner and garage keeper's lien, shall apply in the event of such removal. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. ' This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. 3 Introduced by title only on December 18, 2019, by the following roll call vote: ' AYES: Councilmembers Mulheren, Brown, Scalmanim, Orozoo, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None Adopted on January 15, 2020 by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSENT: None ABSTAIN: None 90�glayor ATTEST: Luv" Kristine Lawler, City Clerk 4