A. 
For the purpose of this chapter, the following words and phrases shall mean:
Contestant:
an operator or registered owner who contests a parking citation.
Department:
California Department of Motor Vehicles.
Hearing Examiner:
a qualified individual, as set forth in Vehicle Code Section 40215, appointed or contracted by the city to adjudicate parking citation contests administratively.
Issuing Agency:
the city or its authorized agent that issues parking citations.
Issuing Officer:
a peace officer, as defined in Penal Code Section 830 et seq., or other person authorized to issue a parking citation.
Operator:
an individual driving or in possession of a vehicle at the time a parking citation is issued.
Parking Citation:
a citation that gives notice of a parking, equipment or other vehicle violation and the right to elect to pay the parking penalty for the violation or contest the citation.
Parking Penalty:
the fine authorized by law for the particular violation, including assessments authorized by the Vehicle Code, and any late payment penalty and costs of collection as provided by law.
Processing Agency:
the city or its authorized agent that processes parking citations and issues notices of delinquent parking citations.
Registered Owner:
the person registered with the department as having ownership of a particular vehicle.
Vehicle:
any self-propelled vehicle operated or suitable for operation on a highway.
B. 
Any word or phrase used in this chapter that is defined in the Vehicle Code and not defined in subsection A shall have the meaning set forth in the Vehicle Code.
(Ord. 1515)
Parking penalties shall be established by city council resolution. All parking penalties received by the processing agency shall accrue to the benefit of the city.
(Ord. 1515)
A. 
The city may function as the processing agency. Alternatively, in accordance with Vehicle Code Section 40200.5, the city may contract with the county, a private vendor or with any other city or county processing agency for processing agency services. Any such contract shall provide for monthly distribution of amounts collected between the parties, except amounts payable to the county pursuant to Government Code Section 76000 et seq. and amounts payable to the department pursuant to Vehicle Code Section 4763.
B. 
The processing agency shall prepare an audited report at the end of each fiscal year setting forth the number of cases processed, and all sums received and distributed, together with any other information that may be specified by the city or its authorized issuing agency or the state controller. The report is a public record and shall be delivered to the city and its authorized issuing agency.
(Ord. 1515)
Parking citations shall be issued in accordance with the following procedures:
A. 
If a vehicle is unattended during the time of the violation, the issuing officer shall securely attach to the vehicle a parking citation setting forth the violation, including reference to the section of the Vehicle Code, Public Resources Code or this code, or the federal statute or regulation, that has been violated; the date; the approximate time of the violation; the location of the violation; a statement indicating that payment is required to be made not later than 21 days from the date of the citation issuance; and the procedure for the registered owner or operator to deposit the parking penalty or contest the citation. The parking citation shall also set forth the vehicle license number and registration expiration date if they are visible; the last 4 digits of the vehicle identification number if they are readable through the windshield; the color of the vehicle; and, if possible, the make of the vehicle.
B. 
The parking citation shall be accompanied by a written notice of: the parking penalty amount due for that violation; the address of the person authorized to receive a deposit of the parking penalty; a statement in bold print that payment of the parking penalty for the parking violation may be sent through the mail; and instructions on obtaining information on the procedures to contest the citation.
C. 
The parking citation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.
D. 
Once the parking citation is prepared and attached to the vehicle, the issuing officer shall file the citation with the processing agency.
E. 
If, during the issuance of the parking citation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attachment of the citation to the vehicle, the issuing officer shall file the citation with the processing agency. The processing agency shall mail a copy of the citation to the registered owner.
F. 
If, within 21 days after the parking citation is attached to the vehicle, the issuing officer or the issuing agency determines that, in the interest of justice, the citation should be cancelled, the issuing agency shall notify the processing agency to cancel the citation. The reason for the cancellation shall be set forth in writing.
G. 
If, after a copy of the parking citation is attached to the vehicle, the issuing officer determines that there is incorrect data on the citation, including, without limitation, the date or time, the issuing officer may indicate in writing on a form attached to the original citation, the necessary correction to allow for the timely entry of the citation on the processing agency's data system. A copy of the correction shall be mailed to the registered owner of the vehicle.
(Ord. 1515; Ord. 1672)
If the parking penalty is received by the processing agency and there is no contest as to that parking violation, all proceedings as to that parking citation shall terminate.
(Ord. 1515)
A. 
If payment of the parking penalty is not received by the processing agency by the date fixed on the parking citation, the processing agency shall deliver to the registered owner a notice of delinquent parking citation. Delivery of a notice of delinquent parking citation may be made by personal service or by first-class mail addressed to the registered owner of the vehicle as shown on the records of the department.
B. 
The notice of delinquent parking citation shall contain the information required to be given with the original parking citation. The notice of delinquent parking citation shall also contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within 21 days from the date of issuance of the citation or 14 days after the mailing the notice of delinquent parking citation or completes and files an affidavit of nonliability, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent parking citation.
C. 
The notice of delinquent parking citation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit and instructions for returning the affidavit to the issuing agency.
D. 
If the registered owner, by appearance or by mail, makes payment to the processing agency within 21 days from the date of issuance of the citation or 14 days after the mailing of the notice of delinquent parking citation, the parking penalty shall consist solely of the amount of the original penalty.
E. 
If the description of the vehicle on the parking citation does not substantially match the corresponding information on the registration card for that vehicle, and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of a person who has received a notice of delinquent parking citation, cancel the notice of parking violation without the necessity of an appearance by the requestor.
(Ord. 1515)
The processing agency shall mail or otherwise provide to the registered owner, or the registered owner's agent, a copy of the original parking citation. The fee for such copy shall be in amount set by city council resolution. Until the issuing agency or processing agency complies with a request to provide a copy of the parking citation, the processing agency may not proceed pursuant to Vehicle Code Sections 22651(i), 22651.7 or 40220.
(Ord. 1515; Ord. 1672)
A. 
If the affidavit of nonliability is returned to the processing agency within 30 days of the mailing of the notice of delinquent parking citation together with proof of a written lease or rental agreement between a bona fide rental or leasing company and its customer, which identifies the rentee or lessee and provides the driver's license number, name and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent parking citation. If payment is not received within 21 days from the date of issuance of the parking citation or 14 days after the mailing of the notice of delinquent parking citation, the processing agency may institute proceedings to collect the parking penalty.
B. 
If an affidavit of nonliability is returned with evidence that the registered owner has made a bona fide sale or transfer of the vehicle and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the processing agency shall obtain verification from the department that the registered owner has complied with Vehicle Code Section 5602. If the registered owner has complied with that statute, the processing agency shall cancel the notice of delinquent parking citation with respect to the registered owner. If the registered owner has not complied with that statute, the processing agency shall inform the registered owner that the citation shall be paid in full or contested pursuant to this chapter. If the registered owner does not comply, the processing agency may institute proceedings to collect the parking penalty.
(Ord. 1515)
A. 
If the registered owner or operator deposits the parking penalty with the processing agency after a notice of delinquent parking citation has been issued, the processing agency shall:
1. 
Deliver to the person making the deposit a copy of one of the following: the notice of delinquent parking citation; a true and correct abstract containing the information set forth in the parking citation if the citation was issued electronically; or an electronically reproduced listing of the citation information presented in a notice of delinquent parking citation.
2. 
Record in the issuing agency's records the name, address and driver's license number of the person actually given the copy.
3. 
Determine whether the notice of delinquent parking citation has been filed with the department and whether a civil judgment has been entered.
B. 
If the notice of delinquent parking citation has not been filed with the department and a civil judgment has not been entered, and payment of the parking penalty together with any administrative service fee of the processing agency for costs of service and any applicable assessments is received, then the proceedings shall terminate as to that parking citation.
C. 
If the notice of delinquent parking citation has been filed with the department, has been returned under subdivision (b) or (c) of Vehicle Code Section 4760 or Section 4764, and payment of the parking penalty together with any administrative service fee of the processing agency for costs of service and any applicable assessments is received, the proceedings shall terminate.
D. 
If the notice of delinquent parking citation has been filed with the department and has not been returned under Vehicle Code Sections 4760, 4762 and 4764, and payment of the parking penalty for, and any applicable costs of, service in connection with civil debt collection, is received by the processing agency, the processing agency shall do the following:
1. 
Deliver a certificate of payment to the person making the payment.
2. 
Immediately transmit the payment information to the department in the manner prescribed by the department.
3. 
Terminate proceedings on the notice of delinquent parking citation.
4. 
Transmit for deposit all parking penalties and assessments in accordance with law.
(Ord. 1515)
A. 
Initial Review. For a period of 21 days from the issuance of a parking citation, or 14 days from the mailing of a notice of delinquent parking citation, a person may request an initial review of the citation or the notice by the issuing agency. The request for initial review may be made by telephone, in writing or in person and there shall be no charge for the initial review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interests of justice, then the issuing agency shall cancel the parking citation or the notice of delinquent parking citation. The issuing agency shall advise the processing agency of the cancellation. Either the issuing agency or the processing agency shall mail the results of the initial review to the contestant.
B. 
Administrative Hearing—In General. If a contestant is dissatisfied with the results of the initial review, such person may request an administrative hearing on the violation no later than 21 days following the mailing of the results of the initial review. The request may be made by telephone, in writing or in person. Before the expiration of the period for requesting an administrative hearing, the contestant shall deposit with the processing agency the amount of the parking penalty and shall file, on a processing agency issued form, a written explanation of the grounds for appeal. The processing agency may waive the deposit requirement upon satisfactory proof by the contestant of an inability to pay the parking penalty due. The administrative hearing shall be held within 90 days of the hearing request; provided, however, that the contestant may request one continuance, not to exceed 21 days.
C. 
Administrative Hearing—Elements.
1. 
The contestant shall have the choice of an administrative hearing by mail or in person. An in-person hearing shall be conducted within the city.
2. 
If the contestant is a minor, such person may appear at an administrative hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult.
3. 
The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the city manager. The hearing shall provide an independent, objective, fair and impartial review of contested parking violations.
4. 
The issuing officer is not required to participate in the administrative hearing. The issuing agency is not required to produce any evidence other than the parking citation, or copy thereof, and information received from the department identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.
5. 
The hearing examiner's decision following the administrative hearing may be personally delivered to the contestant or sent by first-class mail.
6. 
Upon determining that a contestant has committed the violation, the hearing examiner may, consistent with the issuing agency's guidelines, allow payment of the parking penalty in installments. Alternatively, the issuing agency may allow for deferred payment or payment in installments if the contestant provides satisfactory evidence of inability to pay the parking penalty in full. If authorized by city council resolution, the hearing examiner may permit the performance of community service in lieu of payment of a parking penalty.
(Ord. 1515; Ord. 1672)
A. 
Except as otherwise provided below, the processing agency shall proceed under only one of the following options in order to collect an unpaid parking penalty:
1. 
The processing agency may file an itemization of unpaid parking penalties and service fees with the department for collection with the registration of the vehicle pursuant to the Vehicle Code Section 4760.
2. 
If more than $400 in unpaid parking penalties and fees have been accrued by any person, the processing agency may file proof thereof with the court with the same effect as a civil judgment. Execution may be levied and such other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person indicating that a judgment shall be entered for the unpaid penalties, fees and costs and that, after 21 days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The notice shall also indicate that execution may be levied against the person's assets, that liens may be placed against the person's property, that the person's wages may be garnished, and that other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the agency may contract with a collection agency to collect the judgment amount.
3. 
If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Vehicle Code Section 4760, the processing agency may file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph 2 of this subsection.
B. 
The processing agency shall not file a civil judgment with the court relating to a parking citation filed with the department unless the processing agency has determined that the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the citation has not been collected by the department pursuant to the Vehicle Code Section 4760.
C. 
The processing agency shall terminate proceedings on the notice of delinquent parking citation in any of the following cases:
1. 
Upon receipt of collected penalties and administrative fees remitted by the department under Vehicle Code Section 4762 for that notice of delinquent parking citation. The termination under this subsection is by satisfaction of the parking penalty.
2. 
If the notice of delinquent parking citation was returned to the processing agency pursuant to Vehicle Code Section 4764 and 5 years have elapsed since the date of the violation. The termination under this subsection is by the running of a statute of limitation of proceedings.
3. 
The processing agency receives information, which it shall verify with the department, that the penalty has been paid to the department pursuant to Vehicle Code Section 4762.
(Ord. 1515)
All parking penalties collected, including process service fees and costs related to civil debt collection, shall be deposited to the account of the processing agency, and then remitted to the city, if the city is not also the processing agency. If the city is not the processing agency, then the city shall enter into an agreement with the processing agency for periodic transfer of parking citation receipts, along with a report setting forth the number of cases processed and the sums received.
(Ord. 1515)
Parking permits issued by the city shall not be issued to applicants unless all outstanding parking penalties and other related fees are paid in full.
(Ord. 1515)