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Home My WebLink About1982-03-02; City Council; 6916; Parking Violation Enforcement Fees• ;! ~ ~ ~ ! ~ 'd -~ ~ .~ rl •r-1 ~ C, t..) ~ N 0 00 e:: I a. N a.. I ~ < z 0 l3 ,cc ..I c3 z :::> 0 0 AB# kCJ 1'2 MTG. 03=02-82 DEPT. EQL c1rf~1)F CARLSBAD -AGEND~BILL TITLE: PARKING VIOLATION ENFORCEMENT FEES RECOMMENDED ACTION: DEPT. HD • ..,u.Jf--- CITV AnY ............ ,._.. CITY MGR.~ Adopt Ordinance No. -31 I.{ q amending Carlsbad Municipal Code, Chapter 10.40 to establish parking violation enforcement procedures and fees. Item Explanation: The State of California has recently passed AB189 authorizing m:mies to be collected for use in construction and enhancing of cr:iminal justice facilities. AB189 provides that a surcharge of $1.50 be added to fines and forfeitures coming from parking violations and other selected crilninal offenses. This surcharge is to be collected by each county for use in that county. San DJ.ego County has enacted legislation authorizing the surcharge and its collection. This ordinance rurendment is to allow for the collection of the surcharge from the violato1 as intended by the original enabling legislation. If this ordi- nance is not accepted, the City of Carlsbad must give up $1.50 of its portion of the fines and forfeitures for all parking citations processed to the county in order to canply with AB189. Since the City's municipal ordinance is the actual authority for the levying of the fines and forfeitures, it must be amended to allow for the surcharge. Fiscal Impact: If not adopted, the fiscal jmpact for the fiscal year 1981-82 is estimated at approximately $1115.00; however, the annual estimated impact v.ould be a loss of $4500.00. Exhibits: 1. Reconmended Ordinru1ce No. -3 J 4 t/ l 2 3 4 5 6 r; 8 9 10 11 12 0 ct m tO 13 V> ..J 8 • a: ... a: ct O> -, 0 14 OILW~ • CO::, z Z ffi IC O~>O 15 iii-<!!: 0 ::E ..J u: . iil (3 ~ 1:i 8 ci 16 ~ ~ !:! ;;i Z O V> 17 > I= ~ cf cf ~ 0 0 18 191 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 3144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORN:CA AMENDING TITLE 10 OF THE CARLSBAD MUNICIPAL CODE BY TBE ADDITION OF CHAPTER 10.40 TO ESTABLISH PARKING VIOLATION SNFORCEMENT PROCEDURES AND FEES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 10 of the Carlsbad Municipal Code is am<mded by the addition of Chapter 10.40 to read as follows: Section: "Chapter 10.40 PARKING VIOLATION ENFORCEMENT 10.42.010 Parking violation enforcement 10.42.010 Parking violation enforcement. {a) ENFORCEMENT: Every police officer and every city employee charged with enforcement of the provisions of Chapters 10.40, 11.24 or 17.04 of this code relating to illegal parking, the provisions of the California Vehicle Code, and the other laws of the state applicable to parking violations within the city, shall have the duty, when any vehicle is illegally parked, to issue written notice of violation thereof stating the state vehicle license number, make of such vehicle, the time and date of such illegal parking, street location, and a reference to the appropriate section of the code and fixing a time and pla~e for appearance by th~ registered owner to answer said notice. Such notice shall be attached to said vehicle either on the steering post or front door handle thereof or in such other conspicuous place upon the vehicle as to be easily observed by the person in charge of such vehicle upon his return thereto. Ill Ill Ill Ill Ill Ill ./ r .. 1 2 3 4 5 6 7 8 9 10 ll 12 0 <( m co 13 IJ) ..J 8 • a: N a: <( en -, (J "I ,, • ' <t I o·u. ~ z J."% CO z a: Z ~ w O 0 > u. 15 iii -< - ' (J::; ..J u:, .. 5 >-"' 16 ~ w 8 c:i ~ ;€ ~ ~ Z O ~') 17 > I= ~ <( ct ~ u i3 18 19 20 21 22 23 24 25 26 27 28 (b) FEES. The following fees for the purpose of regulating the use of streets are established: Carlsbad Municipal Code Violations Fee for below Violations: If paid Within 10 Days 10.40.041 $10.00 10.40.042 10.00 10.40.055 10.00 10.40.060 10.00 10.40.065 10.00 10.40.075 10.00 10.40.090 10.00 10.49.115 10.00 10.40.125 10.00 10.40.130 10.00 10.40.145 10.00 11.24.130 10.00 17.04.010 (32.103, 79.1106 Uniform Fire Code) 10.00 17.04.040 20.00 Fee for below Violations: 21113(a} 22500(a thru k) 22502(a thru e) 22507.8 22514 22515 22517 22520 22521 22522 California Vehicle Codes If paid Within 10 Days $10.00 20 .oo 10.00 25.00 20 .oo 10 .oo 10 .oo 10.00 10 .oo 10 .oo If paid After 10 Days $20.00 20.00 20.00 20.00 20.00 20.00 20 .oo 20.00 20 .oo 20 .oo 20 .oo 20 .oo 20.00 30.00 If paid After 1 O Days $20.00 25.00 15.00 30.00 25.00 20.00 20.00 20.00 20.00 20.00 The owner or operator may mail such payments, payable to Treasurer, City of Carlsbad, to the city's director of finance within the time established herein, but shall be responsible for delivery thereof to the office of the director of finance. In addition to the fees established in this section, a surcharge of $1.50 for each violation shall be paide This surcharge shall be distributed to the County pursuant to Government Code Section 68073.4. (c) FAILURE TO PAY: Failure to pay the appropriate fee as provided herein or failure to request a court appearance date to contest the violation will result in either notification of the Department of Motor Vehicles, which agency shall collect 2. ,, 3 0 <{ al (0 er. ..I 8 • C: "' a: <{ O> -, (.) I ou.wS oo~z z ~ w ~ 0 > u. iii -~ -(.)::;: ..I U:•-'5 I->-8 . zW 0 ~~!:!~ ::; I:! ~ > I-a: < <{ >-(.) I-u •. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 [a5 ' 26! 27 28 ----~------- the maximum fee established hereby at such time as the owner or operator seeks to reregister his vehicle in accordance with the provisions of Section 4760 of the Vehicle Code of the state of California, or in legal proceedings being instituted in the municipal court of the north county judicial district against the registered owner for violation of the approprial:e coae sections in accordance with the provisions of Section 41102 of the ''Tehicle Code of the state of California." SECTION 2. The provisions of this ordinance shall be operative on the first day of the month following the effective date of the ordinance established herein. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 2nd _day of _Mar_ch ______ , 1982, and thereafter PASSED AND ADOPTED at a meeting of sai1 City Council held on the 16th day of March , 1932 by the ___ _.._ _____ _ following vote, to wit: ATTES'.r: AYES: NOES: Council :t,r.,en,hers Packard, Casler, Anear, Lewis and Kul.chin None ABSENT: None ·1 -~j R~J~-- ALETHA L. RAUTENKRANZ:-~~"-c_e_r-k-- (SEAL) 3. /