Ordinance 2023CITY OF ALAMEDA ORDINANCE NO. 2023
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING THERETO
ARTICLES 9 AND 10 TO CHAPTER 3 OF TITLE XVII AND BY
REPEALING SECTION 17 -352 THEREOF, RELATING TO
TEMPORARY PARKING PROHIBITIONS AND TOWING OF UNLAWFULLY
PARKED VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . The Alameda Municipal Code is hereby amended
by adding Articles 9 and 10 to Chapter 3 of Title XVII thereof to
read:
Article 9 Temporary Parking Prohibitions
Sec. 17 -391 Parking Prohibited Whenever the use of
a street or portion thereof is authorized for the movement
of structures or vehicles of unusual size, parades or con-
struction and repairs to streets it shall be unlawful to
park on that portion of the street where signs giving notice
that parking is prohibited and subject to tow have been
posted for at least twenty -four (24) hours prior to towing.
Article 10 Towing Unlawfully Parked Vehicles
Sec. 17 -3101 Applicability of this Article Except
as otherwise provided herein, this Article shall apply to the
removal or storage of vehicles under authority of this
Chapter, except that this Article shall not apply to the
removal or storage of vehicles authorized by Article 8 of
this Chapter.
Sec. 17 -3102 Towing and Storage Vehicles parked or
left standing in violation of any provision of this Chapter,
not otherwise providing for the towing of vehicles, may be
removed and stored hereunder provided that, with the excep-
tion of Article 5 removals, signs are posted indicating that
vehicles in violation of any of the provisions of this
Chapter are subject to removal. The provisions of Sections
17 -384, 17 -385, 17 -386, 17 -3812, 17 -3812 and 17 -3814 shall
apply to removal or storage hereunder.
Sec. 17 -3103 Hearing Whenever a vehicle is stored
by authority of the City the legal owners of record, or their
agents, shall have the right to a post- storage hearing to
determine the validity of the storage.
Sec. 17 -3104 Notice Notice of storage shall be
mailed to the registered and legal owners within forty -eight
(48) hours, excluding weekends and holidays, of storage and
shall include (a) the name, address and telephone number of
the officer or agent of the City providing notice; (b) the
location of the storage and description of the vehicle, in-
cluding (if available) the name or make, manufacturer,
license plate number and mileage; and (c) the authority and
purpose of the removal. Such notice shall also specify that,
in order to receive their post- storage hearing, such owners
or agents must request the hearing (in person, writing or
by telephone) within ten (10) days of the date appearing on
the notice.
Sec. 17 -3105 Hearing and Determination If requested,
a hearing shall be held within forty -eight (48) hours of the
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request, excluding weekends and holidays, by the City
Manager, or a person(s) designated thereby (but not the
person authorizing the storage). The burden of establish-
ing authority for the storage shall be on the City.
Failure to request a hearing or attend shall satisfy the
requirement of this Article and is not subject to appeal.
If authority for storage is not established, City shall
pay the cost thereof.
Sec. 17 -3106 Pre- removal Hearing (a) A pre - removal
hearing is not required where a vehicle may impede traffic
or jeopardize the public welfare. In such instances, Sec-
tion 17 -3104 shall suffice. In all other cases, opportunity
to be heard prior to removal or storage shall be afforded
using the procedure set forth herein or, in the alternative,
either the other procedures set forth in this Article or in
Article 8 of this Chapter.
(b) Pre - removal notice hereunder shall consist of a
description of the violation and a warning that failure to
either remove the vehicle or request a hearing by calling
a designated person within twenty -four (24) hours of the
time notice was affixed, as shown on the notice, will result
in removal by tow affixed to a clearly visible place on the
vehicle.
(c) If requested within twenty -four (24) hours, an
informal hearing shall be held by the City Manager or his
designee. Failure to request a hearing or appear within
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forty -eight (48) hours of the request shall satisfy the
requirements of this Section.
(d) If the other provisions of this Article or Article
8 are employed, no post - hearing shall be required under this
Article. If the provisions of this Section only are em-
ployed, the post- hearing provisions of this Article shall
continue to apply.
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Section 2 . The Alameda Municipal Code is hereby amended by
repealing Section 17 -352 of Article 5, Chapter 3 of Title XVII
thereof.
Section 3 . This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
Attest: presidi Officer of the Council
City Clerk
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I, the undersigned, hereby certify that the foregoing
Ordinance was duly and regularly adopted and passed by the
Council of the City of Alameda in a special meeting assembled
on the 28th of October, 1980, by the following vote, to wit:
AYES: Councilmen Diament, Sherratt, Stone, Tillman and
President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 29th day of October, 1980.
City Clerk - of the Cit of Al T a