Newark Municipal Code Ch. 10.26 Motor Vehicles Parking Citation Enforcement

The intent and purpose of this chapter is to establish and enforce parking violations, to establish authority for enforcement of the parking violations program and create an administrative adjudication program for collection of fines and to provide all individuals charged with a parking violation a forum in which the facts of their case may be reviewed fairly and a disposition rendered in a timely manner.

(Ord. 297 § 1 (part), 1993)

The provisions of this chapter shall be administered and enforced by the Newark police department, Newark code enforcement personnel, and/or any other employee so designated as the parking code enforcement officer as appointed by the city manager. These personnel are authorized to issue parking citations for all violations of this chapter.

(Ord. 297 § 1 (part), 1993)

Parking violations include:

A. Any vehicle left unattended upon any bridge, street, driveway apron, designated and signed equestrian trail, parkway area in the commercial and industrial zones or in any area which has a concrete sidewalk;

B. Any vehicle is parked or left standing in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the street;

C. Any vehicle is illegally parked so as to block the entrance to a private driveway;

D. Any vehicle is illegally parked so as to prevent access by fire-fighting equipment to a fire hydrant;

E. Any vehicle found stopped, standing, parked or left along any street or street segment established by ordinance or resolution of the city council as a "No Parking" area where signs have been installed and curb markings made.

(Ord. 297 § 1 (part), 1993)

Citations issued under this chapter shall include the following information:

A. Violation including reference to Section 10.26.030;

B. The approximate time citation written;

C. The location where the violation occurred;

D. Vehicle license number and registration expiration, if visible;

E. Last four digits of the vehicle identification number;

F. Color and make of vehicle;

G. Bail amount and procedure for paying fine or contesting citation;

H. Place citation either under windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle;

I. Copy of citation shall be filed with the finance department of the city.

(Ord. 297 § 1 (part), 1993)

Parking penalties and late payment penalties shall be established by resolution of the city council.

(Ord. 297 § 1 (part), 1993)

Any regularly employed and salaried officer of the city, empowered by the city manager for traffic enforcement, may physically remove or cause to be removed:

A. Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours;

B. Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities, or where the use of the street or highway or any portion thereof is authorized for purposes other than the normal flow of traffic, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal;

C. Adopts Section 22658 of the Vehicle Code in its entirety and as amended from time to time, which shall allow for the owner or person in lawful possession of the private property to, under certain specific circumstances, cause the removal of a vehicle parked on the property to the nearest public garage, and/or a citation may be issued for the parking violation.

(Ord. 297 § 1 (part), 1993)

A. If the payment of the parking violation and/or penalty is not received by the date fixed on the notice of parking violation, the notice of delinquent violation is to be sent to the registered owner.

B. The delivery of the notice of delinquent parking violation by personal service or first class mail addressed to the registered owner, as shown on the records of the department of motor vehicles, is permitted.

C. It is required that a copy of the parking citation be provided with the delinquent parking violation notice mailed within fifteen days of the due date of the citation.

D. If payment of the parking violation and penalties are not received within the due date of the delinquent notice, the agency will file with the DMV for collection of such fines, payable upon the renewal of the registration for such vehicle.

(Ord. 297 § 1 (part), 1993)

Under this section, the city council of the city may contract with the county, with a private vendor or with another city or county for processing of notices of parking violations and notices of delinquent parking violations, prior to any administrative review process or filing with the courts.

(Ord. 297 § 1 (part), 1993)

If a person contests a notice of parking violation or a notice of delinquent parking violation, the city shall do the following:

A. The processing agency shall investigate the circumstances of the citation with respect to the contestant's written explanation of reasons for contesting the parking violation. If, based on the results of the investigation, the city does find that the violation did not occur or that the registered owner was not responsible, the city shall cancel the notice of parking violation and make records of the reasons for canceling the notice.

B. If the persons contesting the notice of parking violation is not satisfied with the results of the investigation as outlined above, the person may, within fifteen days of the notice of results, deposit the amount of the parking penalty and request an administrative review.

(Ord. 297 § 1 (part), 1993)

An administrative review must be requested by the person contesting the notice of parking violation or a notice of delinquent parking violation in writing fifteen days after the notice of results of the city's investigation together with a deposit in the amount of the parking penalty.

The administrative review process shall consist of the following:

A. The person requesting an administrative review shall indicate to the city whether the review process will be by mail or personal conference.

B. If the person requesting an administrative review is a minor, that person shall be permitted to appear at the hearing or admit responsibility for a parking violation without the necessity of the appointment of a guardian.

C. The administrative review shall be conducted before an examiner designated to conduct the review by the city council or city manager.

1. The examiner shall demonstrate those qualifications, training and objectivity prescribed by the city council or city manager as are necessary and which are consistent with the duties and responsibilities set forth in this chapter.

D. The enforcing officer authorized to issue a notice of parking violation shall not be required to participate in an administrative review. No evidence shall be required other than the notice of parking violation or copy, and information received from the department of motor vehicles identifying the registered owner of the vehicle.

E. The review shall be conducted in accordance with the written procedure established and approved by the city council, which shall ensure fair and impartial review of contested parking violations. The examiner's final decision may be delivered personally to the person by the examiner or to the person by first class mail.

(Ord. 297 § 1 (part), 1993)

Within twenty days of the mailing of the hearing examiner's decision, an appeal may be filed with a civil court. The court currently requires the person filing the appeal to pay a filing fee plus any other applicable court charges and fees.

If the court overrules the hearing examiner, the city must refund the filing fee and any part of the parking penalty that the court may order to be refunded.

(Ord. 297 § 1 (part), 1993)

The city may only follow one of the collection options at a time for an unpaid citation:

A. File an itemization of unpaid parking penalties and administrative and service fees with the DMV for collection with the registration of the vehicle.

B. If more than four hundred dollars in unpaid penalties and fees have been accrued, proof thereof may be filed with the court with the same effect as a civil judgement. The court may assess costs against the debtor.

1. The city must send a notice by first class mail informing the person or registered owner that a judgement for an unpaid citation, fees and costs will be entered after thirty days from the mailing of the notice.

2. The notice must advise that execution may be levied against assets, liens may be placed against property, wages may be garnished and other steps taken to satisfy the judgement.

3. The city may contract with a licensed collection agency to collect the judgement.

C. If the registration of the vehicle has not been renewed for sixty days beyond the renewal date, and the citation has not been collected by the DMV, the city may file proof of the unpaid penalties and fees with the court with the same effect as a civil judgement as provided in subsection B of this section.

(Ord. 297 § 1 (part), 1993)