HomeMy WebLinkAbout1991-10-15; City Council; 11397; CODE MAINTENANCE FOR PARKING ENFORCEMENT PENALTIES AND PROCEDURESd
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ENFORCEMENT PENALTIES AND CITY
ClTY
=CODE MAINTENANCE FOR PARKING AB# i!, 397
MTG,!t"lt, '2 7
CA PROCEDURES DEPT,
RECOMMENDED ACTION:
Introduce Ordinance No. 3-5- !8 1
to conform with state law.
amending Section 10.42. C
ITEM EXPLANATION
The proposed ordinance amends Carlsbad Municipal Code Sectj
10.42.010 to conform with recent amendments to Vehicle Cc
Section 40203.5. The city is now required to set parkj
penalties and fees in the same amount as the court establisk
the bail in the county bail schedule. This section of t
Vehicle Code also provides a new remedy to the city, allowj
a civil action to be brought against any person who accrt
more than $400 in unpaid penalties and fees for parkj
violations.
The proposed ordinance contains other changes required
minor amendments to Vehicle Code Section 40202 (a) , whj
describes the information required to appear on the parkj
citation.
FISCAL IMPACT
There will be no fiscal impact if the court adopts a 1992 B;
Schedule which is consistent with the fines and penalti
currently imposed by the city. The past practice of the COI has been to accept the recommendations of the city j amendments and/or additions to the bail schedule, and there
no reason to anticipate a change in policy.
EXHIBITS
1. Ordinance No. .iq1 5 - ! 8 !
2. Exhibit 'IAt1 (illustrates amendments)
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ORDINANCE NO. NS-181
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10,
CHAPTER 10.42 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTION 10.42.010 TO CONFORM PARKING ENFORCEMENT PENALTIES AND
PROCEDURES WITH STATE LAW
The City Council of the City of Carlsbad, Calif01
does ordain as follows:
SECTION 1: That Title 10, Chapter 10.42 of
Carlsbad Municipal Code is amended by the amendment of Ser
10.42.010 to read as follows:
1110.42.010 Parkinq violation enforcement.
(a) Enforcement. Every police officer and every
employee charged with enforcement of the provisions of Cha
10.40, 11.24 or 17.04 of this code relating to illegal par
the provisions of the California Vehicle Code, and the
laws of the state applicable to parking violations withii
city, shall have the duty, when any vehicle is illegally pa
to issue written notice of violation thereof stating the
vehicle license number, the registration expiration date,
and color of such vehicle, the time and date of such il
parking, street location, a reference to the appropriate se
of the code, a time and place for appearance by the regis
owner to answer said notice, and the last four digits o
vehicle identification number, if that number is visible th
the windshield. Such notice shall be attached to the ve
either under the windshield wiper or in another conspi
place upon the vehicle so as to be easily observed by the p
in charge of the vehicle upon the return of that person. (b) Fees. The parking penalties for pa I i
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violations under this chapter shall be established by the
in the same amount as established by the court for
penalties, and assessments pursuant to Section 1269b o
Penal Code and Chapter 12 (commencing with Section 7600
Title 8 of the Government Code. (c) Failure to Pay. Failure to pay the approp fee as provided herein or failure to request a court appea date to contest the violation will result in either notific
of the Department of Motor Vehicles, which agency shall co
the maximum fee established hereby at such time as the own operator seeks to reregister his vehicle in accordance wit
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i provisions of Section 4760 of the Vehicle Code of the sta
California, or in legal proceedings being instituted i
municipal court of the north county judicial district ag
the registered owner for violation of the appropriate
sections in accordance with the provisions of Section 411
the Vehicle Code of the state of California, or in a
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action against the registered owner if more than $400 in u
penalties and fees have accrued, or in any other action a1
by law."
EFFECTIVE DATE: This ordinance shall be effe
thirty days after its adoption, and the city clerk shall CE
to the adoption of this ordinance and cause it to be pub1
at least once in the Carlsbad Journal within fifteen days
its adoption.
INTRODUCED AND FIRST READ at a regular meeting c
Carlsbad City Council on the day of
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the day of
1991, by the following vote, to wit:
AYES:
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT "A"
"10.42.010 Parkins violation enforcement. (a) Enforcement. Every police officer and every ci
employee charged with enforcement of the provisions of Chapte
10.40, 11.24 or 17.04 of this code relating to illegal parking, t
provisions of the California Vehicle Code, and the other laws
the state applicable to parking violations within the city, sh2 have the duty, when any vehicle is illegally parked, to iss
written notice of violation thereof stating the state vehic license number, make
such vehicle, Pa= location, a+& a reference to the appropriate section of the COC
and fix;.~tfl a time and e.
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as provided herein or failure to request a court appearance date contest the violation will result in either notification of t Department of Motor Vehicles, which agency shall collect t maximum fee established hereby at such time as the owner operator seeks to reregister his vehicle in accordance with t provisions of Section 4760 of the Vehicle Code of the state California, or in legal proceedings being instituted in t municipal court of the north county judicial district against t registered owner for violation of the appropriate code sections
(Deletions are lined out and additions are highlighted,)