Discussion and possible action on any and all matters regarding Ordinance No. 467.  An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending City Code sections 10.15.255(D),10.15.205, 10.15.010, and 10.15.990(C)(1) to clarify parking on public land, scope of parking enforcement and to update definitions and references; repealing conflicting provisions, and providing for severability.  (Kay Marion Macuil, City Attorney)

BACKGROUND
San Luis City Code section 10.15.255(D); Parking in residential or business districts prevents the parking and storage of disabled or inoperable vehicles on streets and alleys within residential and commercial zones. This code, as written, doesn’t account for vehicles being stored on public land without permission, and has become an increasingly common occurrence within the city. Even with authorization to enforce parking on public land, this code currently limits the ability to do so. By amending San Luis City Code section 10.15.255(D) to include any public land, easement, or right-of-way, the city will be able to carry out parking enforcement as intended.

In addition, San Luis City Code section 10.15.205; Presumption in reference to illegal parking, allows for the presumption that any vehicle illegally parked was done so by the vehicle's registered owner. The purpose of this section is to allow for the enforcement of parking laws if the driver of the vehicle isn’t present, which is a common occurrence with parking violations. This code, as currently written, puts the burden on the enforcement officer to determine who parked the vehicle. In most parking violations, the enforcement officer does not observe who parked the vehicle, only that the vehicle is parked in violation of the City Code. By amending San Luis City Code section 10.15.205 so that references to “Person” include registered owners who permit or acquiesce to vehicle use and that it is not a defense to parking violations, the city can carry out parking enforcement as intended.

Further, San Luis City Code section 10.15.990(C)(1) references A.R.S. Rules Volume 17B, which no longer applies to parking citations. By amending this section to reference the Rules of Court Procedure for Civil Traffic, Boating, Marijuana, and Parking and Standing Violations, the City will ensure its compliance with current state rules and regulations. Also, by adding a definition for disabled vehicles to San Luis City Code section 10.15.010, it will strengthen the intention of 10.15.255(D) and clarify its scope.

THE PURPOSE OF THIS ORDINANCE
This ordinance amends:
 San Luis City Code section 10.15.255(D); to read “No person shall stop, stand, park, or store a disabled vehicle or vehicles, or a trailer or a trailer loaded with a vehicle, on any public land, public easement, alley, or right of way in the City. Each vehicle or trailer shall be considered a separate violation.”
San Luis City Code section 10.15.205 ensures parking violation enforceability by allowing a registered vehicle owner to be held liable for violations involving their vehicle.
San Luis City Code section 10.15.010 to add the definition: “Disabled vehicle means a motor vehicle which due to mechanical or some other reason cannot be driven on its own power or can be driven on its own power in such a way that a law would be contravened.”
San Luis City Code section 10.15.990(C)(1) to update the referenced rules and regulations from A.R.S. Rules Volume 17B to 17C A.R.S. Traffic Violation Cases Civ.Proc.Rules.