Chula Vista Municipal Code Ch. 10.62 Parking Violations and Enforcement

PARKING VIOLATIONS AND ENFORCEMENT

Sections:

• 10.62.010 Parking enforcement – Authorized agents. 10.62.020 Enforcement – Written notice of violation – Contents – Placement. 10.62.030 Civil and late payment penalties and fees.

A. Every police officer and every City employee, and every volunteer (designated by the Chief of Police) charged with enforcement of the provisions of Chapters 10.52, 10.56 and 10.60 CVMC relating to illegal parking and time limitations in parking meter zones, 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, meter number, street location, and a reference to the appropriate section of the code and the amount of the penalty for the violation.

B. Contract Enforcement. The City may enter into a contract with a duly qualified company, approved by the Chief of Police, to provide enforcement of Chapters 10.52, 10.56 and 10.60 CVMC relating to CVMC infractions only. (Ord. 3138 § 4, 2009; Ord. 3094 § 1, 2007; Ord. 2923 § 2, 2003; Ord. 2670 § 1, 1996; Ord. 2638 § 1, 1995; Ord. 2490 § 1, 1991; Ord. 2136 § 1, 1985; Ord. 2097 § 1, 1985; Ord. 1960 § 1, 1981; Ord. 1867 § 3, 1979).

When any vehicle is illegally parked, an authorized agent may issue written notice of violation, in conformance with Vehicle Code Section 40202. The peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; and the procedure for the registered owner, lessee or rentee to deposit the parking penalty or, pursuant to Vehicle Code Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein. The notice of parking violation 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. (Ord. 3138 § 4, 2009).

A. Base penalty amounts for the following Chula Vista Municipal Code violations shall be $12.00 if paid within 30 days of the notice of violation: CVMC 10.56.100; 10.56.110; 10.56.120; 10.56.140.

B. Base penalty amounts for the following Chula Vista Municipal Code violations shall be $50.00 if paid within 30 days of the notice of violation: CVMC 10.52.485.

C. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle Code violations shall be $25.00 if paid within 30 days of the notice of violation: CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210; 10.52.240; 10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.130; 10.56.310. California Vehicle Code Sections 2113(a); 22515; 22520.

D. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of violation: CVMC 10.52.040; 10.52.060; 10.52.070(A)(1) – (14); 10.52.090; 10.52.150; 10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450; 10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100. California Vehicle Code Sections 21211; 22500(a) – (h); 22500(j), (k); 22500.1; 22514; 22516; 22517.

E. Base penalty amounts for the following California Vehicle Code violations shall be $25.00. The base penalty will be reduced to $10.00 upon submission of proof of correction within the time frames specified in the Vehicle Code of the state of California: California Vehicle Code Sections 5200; 5201; 5204(a).

F. The base penalties for the following California Vehicle Code violations shall be as set forth below:

California Vehicle Code Sections 4462(b) – $100.00; 22500(i) – $250.00; 22500(l) – $275.00; 22507.8 – $330.00; 22522 – $275.00; 22523 – $100.00; 22526 – $50.00.

G. The base penalties for Chula Vista Municipal Code and California Vehicle Code violations not listed above shall be $35.00 if paid within 30 days of the notice of violation, unless the penalty amount is set by the Vehicle Code of the state of California.

H. The owner or operator may mail such payments 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.

I. Late Payment Penalties. All base penalties under $250.00 listed in subsections (B) through (F) of this section shall double if not paid within 30 days of the notice of violation, unless specifically restricted by the Vehicle Code of the state of California. The penalty for violations listed in subsection (A) of this section shall be $35.00 if the penalty is not paid within 30 days of the notice of violation.

J. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest the violation pursuant to Sections 40200.7 and 40215 of the Vehicle Code of the state of California will result in either notification of the Department of Motor Vehicles, which agency shall collect the maximum penalties and fee(s) established hereby at such time as the owner or operator seeks to register his vehicle in accordance with the provisions of Section 4760 of the Vehicle Code of the state of California, or if applicable, in legal proceedings being instituted in court against the person responsible for the unpaid penalties and fees in accordance with the provisions of Section 40220 of the Vehicle Code of the state of California. For those citations that remain unpaid beyond 30 days and for which a hold is placed on the registration by the Department of Motor Vehicles, an additional $10.00 fee shall be assessed. (Ord. 3138 § 4, 2009; Ord. 3094 § 1, 2007; Ord. 2923 § 2, 2003; Ord. 2670 § 1, 1996; Ord. 2638 § 1, 1995; Ord. 2490 § 1, 1991; Ord. 2136 § 1, 1985; Ord. 2097 § 1, 1985; Ord. 1960 § 1, 1981; Ord. 1867 § 3, 1979).