Palo Alto Municipal Code Ch. 10.60 Parking Violations

Sections:

* Editor's Note: Former Chapter 10.60, Parking Meters, previously codified herein and containing portions of Ordinance Nos. 1714, 1910, 2318, 2388, 2397, 2508, 2960 and 3367, was repealed in its entirety by Ordinance No. 4159.

Except as otherwise provided, violations of any provision of Chapters 10.36, 10.40, 10.44, 10.46, 10.47, and 10.50 of this Title 10 (hereinafter referred to as a "parking violation") shall be punishable by a civil penalty (hereinafter referred to as a "parking penalty"). These parking penalties, together with any late payment penalties, administrative fee, and other related charges shall be established by ordinance or resolution of the city council.

(Ord. 5294 § 4, 2015; Ord. 4667 § 1, 2000: (Ord. 4453 § 54, 1997: Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)

The amount of the parking penalty applicable to a parking violation and the time and procedure for the registered owner or the lessee or rentee of the vehicle to deposit the parking penalty or contest the penalty shall be indicated upon the notice of parking violation when it is served by being affixed to the vehicle or as otherwise provided by law. If the parking penalty is not paid within the time and in the manner stated on the notice of parking violation, the police department or its designated processing agency shall deliver or mail to the registered owner of the vehicle a notice of delinquent parking violation.

(Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)

Within twenty-one calendar days of the issuance of a notice of parking violation or within fourteen calendar days from the mailing of a notice of delinquent parking violation (whichever is later), a person may request (by telephone, in writing, or in person) an initial review by the police department. Upon this review, the notice of parking violation or notice of delinquent parking violation and all penalties and fees based thereon may be canceled by the police department if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation; however, under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation. The decision of the police department shall be mailed to the person requesting review.

(Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)

Within twenty-one calendar days from the mailing to the person contesting the notice of parking violation or notice of delinquent parking violation of the results of the police department's initial review, that person may request (by telephone, in writing, or in person) an administrative review before a parking examiner by depositing the full amount of the parking penalty. If the person provides proof of financial inability to deposit the full amount of the parking violation (according to standards developed and included in the police department's notice of decision upon initial review), the requirement for payment of the parking penalty as a prerequisite to contesting it shall be waived. If the vehicle is immobilized or impounded for unpaid parking violations, the requirement for payment of parking penalties as a prerequisite to contesting them shall also be waived.

(Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)

The city manager shall designate a parking examiner having the qualifications, training, and objectivity necessary to perform the duties of that position. The parking examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement, parking citation, processing, collection, or issuance. The parking examiner's continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fines collected as a result of decisions by the parking examiner.

(Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)

The parking examiner shall notify the person contesting the parking penalty of the date and time scheduled for hearing and provide the option of proceeding on a written statement or in person at that time. The hearing shall be conducted within the boundaries of the city within ninety calendar days following receipt of the request for an administrative hearing; provided, however, that the person requesting the hearing shall be entitled to one continuance not exceeding twenty-one calendar days. If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian and may be proceeded against in the same manner as against an adult. Prima facie evidence of the parking violation shall be established by the police department's production at the hearing of the notice of parking violation (or a copy thereof), information from the California Department of Motor Vehicles identifying the registered owner of the vehicle, and the decision of the police department being contested. Hearings shall be conducted informally, to be guided by rules of legal evidence, according to written procedures established by the police department and approved by the city manager. The appellant shall be entitled to testify and to present witnesses. Upon completion of the hearing, the parking examiner may cancel the notice of parking violation and all penalties and fees based thereon if a determination is made that either the violation did not occur, that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, or that the registered owner was not responsible for the violation; however, under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation. The decision of the parking examiner shall be mailed or personally delivered to the appellant and shall be final and not subject to reconsideration. Following a determination by the examiner that a person has committed the violation, the examiner may allow payment of the parking penalty in installments, or the police department may allow for deferred payment or allow for payments in installments, if the person provides evidence satisfactory to the examiner or to the police department, as the case may be, of an inability to pay the parking penalty in full. Unless canceled by decision of the police department or the parking examiner, the parking penalty and all late charges and fees based thereon shall be collectible as provided by the laws of California.

(Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)

(a) The city manager or designee is authorized to set aside any portion or all of any city-owned parking lot for permit parking and to issue permits therefor as provided in this section.

(b) The city manager or designee may issue parking permits upon application therefor and upon the payment of a fee in an amount to be determined by the city manager or municipal fee schedule. Such permit shall designate the parking lot for which it is issued and shall be displayed as directed by the city. Such permit may contain such instructions as to its use as may be deemed appropriate by the city manager. The city manager or designee may issue virtual parking permits instead of, or in combination with, physical parking permits.

(c) The city manager or designee shall install signs in the permit parking areas indicating that they are reserved for permit parking only, and the holder of such a permit properly displayed may park in any such space on the lot, but only in such space.

(d) A vehicle with a permit shall not park for more than seventy-two consecutive hours in the same city-owned public parking facility. This subsection shall not apply to official city vehicles.

(e) No person who owns or has possession, custody or control of a vehicle shall park that vehicle or allow it to be parked in any permit parking space in a permit area where sign indicating that such space is reserved for permit parking only without displaying a valid permit therefor. This prohibition shall only apply to the use of such spaces during the period as indicated on the posted signage.

(Ord. 5531 § 11, 2021: Ord. 4558 § 6 (part), 1999: Ord. 4325 § 1 (part), 1996: Ord. 4159 § 2 (part), 1993)