Except where the context otherwise requires, the definitions
in this Section govern the construction of this Chapter.
"City-owned parking facility" means a parking facility owned
by the City of Santa Monica, irrespective of whether the City uses
a managing agent, or other designated third party, to operate the
parking facility.
"Motor vehicle" means every self-propelled vehicle operated
or suitable for operation on the highway.
"Occupancy" means the use or possession or the right to the
use or possession of any space for the parking of a motor vehicle
or any other purpose in a parking facility.
"Occupant" means a person who, for a consideration, uses,
possesses or has the right to use or possess any space for the parking
of a motor vehicle in a parking facility under any lease, concession,
permit, right of access, license to use or other agreement or otherwise,
whether voluntarily or involuntarily. Occupant shall be deemed to
include any person required to pay any valet or service labor charge
in connection with the parking of motor vehicles on public or private
property and any person required to pay a charge for the occupancy
of parking space by another person by means of validation or otherwise.
"Operator" means the person who conducts a parking facility,
whether in the capacity of owner, lessee, mortgage in possession,
licensee, valet or other service supplier or any other capacity. When
the operator performs his or her functions through a managing agent
of any type or character other than an employee, the managing agent
shall also be deemed an operator for purposes of this Article and
shall have the same duties and liabilities as his or her principal.
When the managing agent collects parking fees and tax on behalf of
his or her principal and deposits the same into the principal's account
in a financial institution, such principal shall be responsible for
reporting and remitting the tax to the City. It shall be the duty
of the managing agent to provide the Director of Finance with the
name and address of each principal who will be responsible for reporting
and remitting the tax to the City. Compliance with the provisions
of this Article by either the principal or the managing agent shall
be considered to be compliance by both. A person who qualifies as
an operator shall not, by reason of being exempt from the tax imposed
in this Article, be exempt from the duties and liabilities of an operator
imposed under this Article.
"Parking facility" means any outdoor space or uncovered plot,
place, street, lot, parcel, yard or enclosure, or any portion thereof,
or any building or structure, or any portion thereof, where or in
which a motor vehicle may be parked, stored, housed or kept, for which
any charge is made.
"Parking fee" means the consideration charged, whether or
not received, for the occupancy or use of space in a parking facility
valued in money, whether received in money, goods, labor or otherwise,
including all receipts, cash, credits and property and services of
any kind or nature, without any deduction therefrom. The parking fee
shall be deemed to include the total charges required to be paid by
an occupant, including, but not limited to, any valet or service labor
charge in connection with the use or occupancy of parking space on
public or private property. Nothing shall be construed to mean that
a parking fee is charged to the occupant of space in a parking facility
for the sale of petroleum products, automobile parts or other tangible
personal property, the rendering of services, including car wash services,
totally unconnected with the use or occupancy of parking space, or
where parking space is provided to the occupant as a compliment from
the operator and where no consideration is charged to or received
from any other person.
"Parking meter" means any device, which, when the recording
device thereof is set in motion, or immediately following the deposit
of any coin, shall register the period of time that any motor vehicle
may be parked adjacent thereto.
"Person" means any natural person, partnership, joint venture,
joint stock company, corporation, estate, trust, business trust, receiver,
administrator, executor, assignee, trustee in bankruptcy, firm, company,
association, club, syndicate, society, municipal corporation, the
State of California, political subdivision of the State of California,
the United States, instrumentality of the United States, or any group
or combination acting as a unit, whether mutual, cooperative, fraternal,
nonprofit or otherwise.
(Ord. No. 1683CCS § 1,
adopted 6/1/93; Ord. No. 2798CCS, eff. 1/1/2025)