Gridley Municipal Code Ch. 10.65 Procedure on Parking Violations

The City of Gridley shall act as the processing agency for all parking violation citations which it issues. This Chapter shall specify the procedure to be followed for any violation of any regulation that is not a misdemeanor governing the standing or parking of a vehicle under the Vehicle Code, under any federal statute or regulation, or under any ordinance, rule or regulation of the City. Such violations shall be subject to a civil penalty, the enforcement of which is set forth in this Chapter.

A. A peace officer or person authorized to enforce parking laws, upon finding a vehicle parked in violation of law, shall securely attach to the vehicle a notice of parking violation setting forth the following information:

1. The violation (including reference to the law violated), the approximate time thereof, the location where the violation occurred, and the time for the registered owner/lessee or rentee to deposit the parking penalty, or to contest the violation.

2. The vehicle license number and the registration expiration date if they are visible, the last four (4) digits of the vehicle identification number if that number is visible through the windshield, the color of the vehicle and, if possible, the make of the vehicle, as well as any other requirements of Vehicle Code Section 40202, or any other requirement of law.

B. 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, or if the driver of the vehicle is personally present, by delivering the notice of violation directly to the driver.

C. The notice of parking violation shall be accompanied by a written notice of the parking penalty due for that violation and the address of the person authorized to receive a deposit for the parking penalty, to whom payment may be sent, and a statement in bold print that payments of the parking penalty for the parking violation may be sent through the mail.

D. If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that violation, the proceedings under this Chapter shall terminate. If a person contests the violation, the City shall proceed in accordance with section 10.65.030.

A. If the payment of the parking penalty is not received by the City by the date affixed on the notice of parking violation, the City shall deliver to the registered owner a notice of delinquent parking violation. Delivery of a notice of delinquent parking violation may be made by personal service or by first class mail addressed to the registered owner as shown on the records of the Department of Motor Vehicles.

B. For a period of twenty-one (21) days from the issuance of the notice of parking violation, or ten (10) days from the mailing of the notice of a delinquent parking violation, a person may request review by the City by written request, telephone, or in person. Following the request for review, the Chief of Police or his designee shall investigate with its own records and staff the circumstances of the citation with respect to the contestant's written explanation of reasons for contesting the parking violation.

C. If, based upon the result of that investigation, the City is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the City shall cancel the notice of parking violation and make an adequate record of the reasons for canceling the notice and shall mail the results of the investigation to the person who contested the notice of parking violation or the notice of delinquent parking violation.

D. If the person contesting a notice of parking violation or notice of delinquent parking violation is not ssatisfied with the results of the investigation specified above and wishes to request n administrative review, the person shall, within fifteen (15) days of the mailing of the results of the investigation, deposit the amount of the parking penalty and request an administrative review. The administrative review shall consist of the following:

1. The person requesting an administrative review shall indicate to the City his or her election for a review by mail or personal conference.

2. If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking violation without the necessity of the appointment of a guardian. The City may proceed against that person in the same manner as if that person were an adult.

3. Administrative reviews shall be conducted before the City Administrator, or before an examiner designated by the City Administrator to conduct the review. Any examiner so designated shall demonstrate those qualifications, training and objectivity as prescribed by the City Administrator to adequately fulfill the duties called for in this Chapter.

4. The City shall not be required to produce any evidence other than the notice of parking violation, or copy thereof, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. This documentation in proper form shall be considered prima facia evidence of the violation.

5. The Chief of Police is authorized to establish written procedures consistent with this Chapter and any other provision of law which shall insure a fair and impartial review of the contested parking violations. The City's final decisions may be delivered personally to the person requesting review or by first class mail.

Within twenty (20) days after the mailing or personal delivery of the City's final decision as set forth in Section 10.65.030, the contestant may seek review by filing an appeal to be heard by the Justice or Municipal Court pursuant to the provisions of Vehicle Code Section 40230.

A. The City shall terminate proceedings on the notice of delinquent parking violation in the event the City collects the penalties and administrative fees, or when the City receives information, which it shall verify with the department of Motor Vehicles, that the penalty has been paid to the Department.

B. Except as otherwise might be allowed by Vehicle Code Sections 40221 and 40222, or other provision of law, the City shall proceed to collect all final determinations for which parking penalties and administrative and service fees remain due (either when the right to appeal has expired or when there has been a final determination) by either filing an itemization of unpaid parking penalties and administrative and service fees with the Department of Motor Vehicles for collection with the registration of the vehicle or, if more than $400.00 in unpaid penalties and fees have been accrued by any person or registered owner by proceeding to obtain a civil judgment pursuant to the provisions of Vehicle Code Section 40220.

The amount of fines, penalties, administrative fees, service fees and all other assessments concerning the violation of any regulation governing the standing or parking of a vehicle shall be established by the City Council. From time to time, the City Council may review and reset the schedule of penalties or fines. This will be accomplished by Resolution, and a current copy of the schedule will be maintained in the City Clerk's office and at the Gridley Police Department.