Division 3 — PRIVATE PARKING

SEC. 8-61.1. PURPOSE AND INTENT.

(A) The city council finds and declares that the owners of privately owned off-street parking lots are authorized to regulate unauthorized parking in such facilities in accordance with the provisions of this article.

(B) The city council further finds and declares that the provisions of the Cal. Vehicle Code, Sections 22350, 23103 and 23109, provisions of Cal. Vehicle Code, Division 16.5 (commencing with Section 38000), Cal. Vehicle Code, Section 22507.8 (Designated Disabled Parking), and Section 22658 (Removing Vehicles) shall apply to the privately owned and maintained off-street parking facilities.

(Ord. No. 3063)

SEC. 8-61.2. DEFINITIONS.

For the purposes of this division, the following words shall have the following meanings:

(A) BUSINESS HOURS - The period from one hour before the business is open for customers until the time the businesses close for customers. For parking spaces designated for users of automated teller machines, employee, tenant, or other non-customer reserved parking, business hours means 24 hours a day unless otherwise specified by signage in the off-street parking facility.

(B) DIRECTOR - The community development director for the City of Oxnard, or his/her designee.

(C) MAIL-IN PARKING FEE OR MAIL-IN PARKING CHARGE - A charge for unauthorized parking in an off-street parking lot.

(D) NOTICE OF A PARKING CHARGE - A written document affixed to a vehicle which notifies the vehicle driver of a mail-in parking fee that is due as a result of an unauthorized parking in an off-street parking lot.

(E) OFF-STREET PARKING FACILITY - Privately owned property that is generally held open to the public for commercial purposes with contiguous lots, or a discernible portion thereof, containing a minimum of 200 spaces for the parking of vehicles, including but not limited to surface lots, parking structures above ground and subterranean, and/or curb parking.

(F) PARK - To leave a vehicle standing while the driver or owner of that vehicle has left the vehicle or has exited the off-street parking facility.

(G) PARKING METER - Any device which, when the recording dial thereof is set in motion by the deposit of any coin, or equivalent thereof, or by the operation of any actuating device, registers the length of time that any vehicle is parked adjacent to or in the immediate vicinity of the parking meter and displays a flag, sign, or receipt to be displayed, signal, or other electronic means indicating that the permitted or paid time has expired. Parking meters may be multi-space or single-space meters, and

may require vehicle operators to display a receipt or enter vehicle identification information to permit parking adjacent to or in the immediate vicinity of the parking meter.

(H) PERSON - Any natural person, firm, company, corporation, partnership, governing body, institution or association.

(I) PRIVATE PARKING OPERATOR - Any person who owns or controls, or person who acts on behalf of or at the behest of a person who owns or controls, an off- street parking lot.

(J) SIGN OR SIGNAGE - A public display and conveyance of information posted for viewing.

(K) UNAUTHORIZED PARKING OR PARKING WITHOUT AUTHORIZATION - Shall include: (i) parking in an off-street parking lot in violation of parking restrictions established by a private parking operator and indicated by signs at the off-street parking lot; (ii) failing to pay (or properly display proof of payment) for parking at any pay and park off-street parking lot; (iii) leaving a vehicle parked over-time at an off-street parking lot for a period of time in excess of the amount paid for or permitted (as determined by the private parking operator); (iv) parking in a "no parking," red zone, yellow zone, loading zone, fire lane, or non-designated parking space of an off- street parking lot; or (v) parking in a manner that has the effect of blocking, impeding, or restricting another vehicles ability of egress or ingress or otherwise obstructing the orderly flow of traffic.

(L) VEHICLE - Any automobile, motorcycle, trailer coach, park trailer, or any human-powered device that moves people, also defined in the California Vehicle Code.

(Ord. No. 3063)

SEC. 8-61.3. COMPLIANCE WITH THIS ARTICLE.

It shall be unlawful and an unfair business practice within the meaning of Cal. Business and Professions Code, Section 17200 for any person to charge a mail-in parking fee, or to issue or cause to be issued a notice of parking charge, that is not in compliance with this article. Any notice of parking charge that is not in compliance with this article shall be invalid.

(Ord. No. 3063)

SEC. 8-61.4. MAIL-IN PARKING CHARGES.

(A) A private parking operator may charge a mail-in parking fee to owners of vehicles parked without authorization in an off-street parking facility only after obtaining approval of their parking and installation plan, and a dispute resolution policy, by the director.

(B) Where a private parking operator of an off-street parking facility of a closed business utilizes parking meters, lock-box, or other device requiring payment for parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked at the parking facility without authorization outside of normal business hours.

(C) Where a vehicle is parked in a no parking zone, red zone, yellow zone, loading zone, or non-designated parking space of an off-street parking facility of a closed business, a private parking operator may charge a mail-in parking fee to the owner of the vehicle outside of normal business hours.

(Ord. No. 3063)

SEC. 8-61.5. REGISTRATION.

(A) Every private parking operator who issues notices of parking charges shall first register and receive an approved parking and installation plan, including a dispute resolution policy, and they shall obtain a valid City of Oxnard business tax certificate before doing business in the city. The fee for registering, reviewing, inspecting, and amending the registration and parking and installation plan shall be an hourly charge for the city staff time required at the applicable rates set forth by city council resolution.

and installation plan, including a dispute resolution policy, and they shall obtain a valid City of Oxnard business tax certificate before doing business in the city. The fee for registering, reviewing, inspecting, and amending the registration and parking and installation plan shall be an hourly charge for the city staff time required at the applicable rates set forth by city council resolution.

(B) The private parking operator shall agree to place signage on site notifying the business owners, employees, and customers that parking regulations will be enforced at least seven business days prior to issuing notices of parking charges.

(C) The parking and installation plan submitted for review shall include the following:

(1) A site plan identifying the parking facility area where parking charges will be enforced and issued, including the following details:

  (a)  Parking areas showing dimensions, and striping/markings for parking spaces, painted arrows, loading areas, drive aisles, and driveway throats.

  (b) A table showing the number of parking spaces provided (by type), including standard, handicap, bicycle and motorcycle parking spaces.

  (c)  Location of standard, motorcycle, and handicap parking spaces.

  (d)  Type of proposed parking restriction by area.

(2)  Signage types;

(3)  Signage locations;

(4)  Signage language and size; and

(5) Number of signs used.

(D) When mail-in parking charges will be used in conjunction with parking meters and/or payment devices installed on private property, the parking and installation plan shall include the following, in addition to Section 8-61.4(B):

(1)  Location of the meters;

(2) How the spaces will be identified and defined; and

(3) How the meters will indicate the time periods that they are in use.

(E) The director shall have the right to require alterations to the parking and installation plan, inspections, or impose conditions of approval to ensure public health, safety, and welfare with regard to the operation of the off-street parking facility and surrounding streets.

(F) A private parking facility property owner shall be required to submit to the city any change in the parking and installation plan, meters, or payment devices that occur after the city's original approval within one month of any change. Any changes shall be subject to additional review and approval by the director.

(G) The registration shall include the name, address, and telephone number of the private parking operator, the names, business addresses, telephone numbers, and email addresses of each person owning 10% or more of the business, and the Oxnard business tax certificate number of the business.

(H) The registration shall include a dispute resolution process policy as required by Section8-61.8.

(I) The registration shall include a description of the procedures the private parking operator shall utilize when issuing a notice of parking charge. Before any private parking operator can issue a notice of parking charge within the city, the procedure for issuing these charges shall be approved by the director.

(Ord. No. 3063)

SEC. 8-61.6. MAXIMUM AMOUNT OF MAIL-IN PARKING CHARGES.

(A) No mail-in parking fee charged pursuant to this division shall exceed the amount of fine for violation of Section8-54 of this code (stopping in red zones).

(B) Signs indicating restrictions on parking in an off-street parking lot shall be posted as required by this section. No mail-in parking fee shall be required and no notice of parking charge shall be issued unless there are in place signs substantially in the form required by this section and shown on the parking and installation plan

approved by the director.

(1)  Signs not less than 17 inches by 22 inches in size with lettering not less than one-inch in height must be posted at each entrance to the off-street parking facility,

must identify any applicable parking restrictions, hours in which the parking restrictions are in force, include statements to the effect that the off-street parking lot is subject to public moving vehicle laws, and violators may be subject to a mail-in parking fee or vehicle removal. Where different restrictions apply to parking spaces with common entrances, the restrictions applicable to each space shall be clearly delineated.

(2) The director is hereby authorized to establish uniform sign sizes, colors, sizes of lettering, and other information that may be required on all signs in order to be

in compliance with this division. If the director establishes such criteria, all signs required by this article shall be brought into compliance within 180 days.

(3)  Signs which indicate that a customer may park for no fee shall indicate whether the authorized parking is only for the time the customer is on the premises or

whether it is for a limited duration of time. In the absence of such designation, a customer shall not be charged a mail-in parking fee.

(4)  Nothing in this division shall be construed as to modify the authority of the city to issue citations.

(Ord. No. 3063)

SEC. 8-61.7. FORM AND CONTENT OF PARKING CHARGE NOTICES.

(A) No person shall place on any vehicle a notice of a parking charge which does not contain at the top of the notice in at least 12-point print the words "INVOICE" followed by "PARKING FEE IMPOSED BY XXX," inserting the name, telephone number and street address of the private parking operator or private parking lot owner where the notice was issued.

(B) Every notice of parking charge shall end with the legend "This parking charge notice is not issued by the City of Oxnard." This provision shall be in at least 12- point print.

(C) No notice of parking charge shall display any feature that resembles a city parking citation, and no image similar to the logo of the City of Oxnard shall be used. The notice of parking charge shall be a color distinctive from a city parking citation.

(D) Every notice of parking charge shall state that the private parking operator or private parking facility owner identified in subsection (A) may cancel the mail-in parking charge at any time for any reason.

(E) Every notice of parking charge will indicate the conditions under which a vehicle will be removed (towed).

(Ord. No. 3063)

SEC. 8-61.8. DISPUTE RESOLUTION PROCEDURE FOR CONTESTED PARKING CHARGES.

(A) Every private parking operator issuing notices of parking charges shall establish a written dispute resolution policy for contested parking charges. A copy of the current policy shall first be approved by the director and included in the registration. Every such policy shall contain the provision that allows the business or property owner who bas issued the notice of parking fee, or authorized notices to be issued, to cancel the notice and parking fee at any time for any reason. The availability of this cancellation remedy shall be printed on every notice with phone numbers of the private parking operator or the business/property owner of the private parking facility.

(B) A person may request an initial review of the notice by the private parking operator within a timeframe specified in the dispute resolution procedure. There shall be no charge for this review. If, following the initial review, the private parking operator is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the parking charge appropriate in the interest of justice, the private parking operator shall cancel the notice of parking charge or notice of delinquent parking charge. If following that review, cancellation of the notice does not occur, the private parking operator shall include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure for waiving prepayment of the parking penalty based upon an inability to pay.

(C) If the person is dissatisfied with the result of the initial review, the person may request an administrative hearing of the parking charge in accordance with the approved dispute resolution procedure.

(D) The administrative hearing process shall include the following:

(1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the boundaries of the

City of Oxnard.

(2)   If the person requesting the hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking charge without the

necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult.

(3) The administrative hearing shall be conducted in accordance with written procedures established by the private parking operator and as on file with the director.

The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations.

(4) (a) The private parking operator's governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, collection, or issuance. The examiner shall be separate and independent from the parking charge collection or processing function. An examiner's continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of parking charges collected by the examiner.

  (b)  Examiners shall have a minimum of 20 hours of training. Training may be provided through (i) an accredited college or university; (ii) a program conducted by

the commission on peace officer standards and training; (iii) American Arbitration Association; or (iv) any program approved by the director.

(5) The examiner's decision following the administrative hearing shall include a written reason for that denial.

(6) The examiner or private parking operator may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines

established by the private parking operator, allow payment of the parking charge in installments, or the private parking operator may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the private parking operator of an inability to pay the parking penalty in full.

(Ord. No. 3063)

SEC. 8-61.9. PROHIBITED BUSINESS PRACTICES.

(A) No private parking operator shall utilize the Denver Boot or other similar device that is attached to the vehicle and which immobilizes the vehicle.

(B) No person shall report, or threaten to report, an unpaid notice of a parking charge to a credit bureau or a collection agency unless a small claims court or other judicial proceeding has established the debt. No person shall take any action or threaten to take any action to collect or contact with another person who takes or threatens to take any action to collect an unpaid notice of parking charge other than to seek establishment of the debt in a small claims court or other judicial proceeding.

(C) No private parking operator shall pay any employee or independent contractor a salary or fee that is in any way based on the number of notices of private parking charges being issued.

(D) The owner or operator of an off-street parking facility shall not file with, or transmit to, the department of motor vehicles a parking fee invoice for the purpose of having the department of motor vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Cal. Vehicle Code, Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Cal. Vehicle Code, Section 4760.

(Ord. No. 3063)

SEC. 8-61.10. AREAS OF APPLICABILITY.

This article shall apply to all areas within the City of Oxnard meeting the definition of off-street parking facility as per Section8-61.2.

(Ord. No. 3063)

SEC. 8-61.11. REVOCATION.

The community development director shall have the right to conduct periodic inspections and review to determine if an off-street parking facility, owner, and its private parking operator, are in full compliance with this division and/or any other federal, state, or local law. If any violation is found, the community development director shall have the right to issue one warning, and if found out of compliance within 60 days, the right to off-street parking facility's ability to issue notice of parking charges and mail-in parking fees in their respective lots may be revoked.

(Ord. No. 3063)