Chapter 10.24 — PARKING VIOLATION ENFORCEMENT PROCEDURES

The purpose of this chapter is to permit persons who have received notices of parking violations issued pursuant to Section 41103 of the California Vehicle Code to enter a plea of not guilty, in writing, in lieu of appearing in person. The authority for this chapter is contained in Section 40519(b) of the California Vehicle Code.

(Ord. 616 § 1, 1985)

Any person who receives a notice of a parking violation may enter a plea of not guilty as to such violation, in writing, in lieu of appearing in person, pursuant to the following procedure:

A.

The written plea of not guilty shall be directed to the court, city agency or other public entity or public agency indicated on the notice of parking violation and may be mailed or personally delivered to such court, city agency, or public entity or public agency indicated on the notice of parking violation and may be mailed or personally delivered to such court, city agency, or other public entity or public agency.

B.

If mailed, the written plea of not guilty shall be sent by registered mail and shall be postmarked not later than five days prior to the date specified in the notice of parking violation upon which appearance is required.

C.

The written plea of not guilty shall be accompanied by a deposit equal to the amount of bail specified in the notice of parking violation, which deposit shall be used for the purpose of guaranteeing the appearance of the defendant at the time and place set by the court for trial and to apply toward the payment of any fine or assessment prescribed by the court in the event of conviction.

D.

Upon receipt of the written plea of not guilty and the appropriate deposit, the case shall be set for arraignment and trial on the same date unless the defendant requests separate arraignment. The setting of the date(s) of arraignment and trial, and the processing of the written plea of not guilty and the deposit shall be conducted in accordance with procedures to be developed by those incorporated cities and other public entities and public agencies located within the territorial boundaries of the county which issue notices of parking violations pursuant to Section 41103 of the California Vehicle Code. Such procedures shall then be approved by the appropriate Municipal Court having competent jurisdiction.

E.

The clerk of such municipal court shall notify the defendant of the time and place of arraignment and trial by first class mail, postmarked at least ten (10) days prior to the time set for such arraignment and trial.

F.

Except as specifically set forth in this chapter, cases of parking violations issued under Section 41103 of the California Vehicle Code shall be conducted in the same manner as if the defendant had appeared in person, had made his or her plea in open court, and had deposited an appropriate sum as bail.

(Ord. 616 § 2, 1985)

Any person using the procedure set forth in Section 10.24.020 shall be deemed to have waived the right to be tried within the statutory period.

(Ord. 616 § 3, 1985)

Any person using the procedure set forth in Section 10.24.020 shall, pursuant to Section 40519(c) of the California Vehicle Code, be deemed to have given a written promise to appear at the time designated by the court for trial, and failure to appear at the trial shall constitute a misdemeanor.

(Ord. 616 § 4, 1985)