San Jose Municipal Code Part 1 Municipal Parking Facilities

A. No person shall park or leave standing any vehicle upon any municipal off-street parking facility at any time without payment of the fees, rates and charges established for the use of said facilities by resolution of the city council.

B. All such fees, rates and charges shall be paid by or on behalf of persons using said facilities in currency of the United States of America, for each use of said facilities not exceeding twenty-four hours, and in advance for any use thereof exceeding twenty-four hours, except as otherwise provided by validation agreement set forth below in this part.

(Prior code § 3316.1.)

A. The city council or the director of streets and traffic may enter into written agreements with any person, firm, corporation, association or organization (second party) to provide for validation of parking.

B. The charges to be made to such person, firm, corporation, association or organization shall be in accordance with the schedule of fees, rates and charges for non-validated parking established by resolution of the city council.

C. All such agreements entered into shall include the following provisions:

1. Each person, firm, corporation, association or organization, a party to said agreement, shall deposit in advance with the city treasurer an amount sufficient to cover the estimated cost, as established by the director of streets and traffic of the use of the municipal parking facilities attributable to said second party for one month; at the end of each month a statement of charges shall be submitted to second party and said party shall promptly remit the total amount due to city.

2. Should the outstanding charges at any time exceed the amount of deposit, the contracting party shall increase the deposit by an amount at least equal to such excess charges to date. If said party fails promptly to increase the deposit or remit the total amount of outstanding charges, said deposit shall be immediately forfeited, and all rights and privileges granted to second party under said agreement shall be cancelled.

3. If said agreement is terminated, the deposit shall be returned to the depositor less any charges due from depositor under said validation agreement.

(Prior code § 3316.4; Ords. 21657, 22603, 23734.)

A. The city council or the director of streets and traffic may enter into written agreements on behalf of the city, with any person, firm, corporation, association or organization (second party) to provide for validation of parking.

B. The charges to be made to such person, firm, corporation, association or organization shall be in accordance with the schedule of fees, rates and charges for non-validated parking established by resolution of the city council.

C. Pursuant to any such agreement, the city shall submit to any person, firm, corporation, association or organization, at the end of each month, a statement of parking charges based on the rubber stamped parking ticket validations accepted by city's department of streets and traffic and such second party shall remit said total amount to city not later than the fifteenth day of the following month.

(Prior code § 3316.2; Ords. 21657, 22603, 23734.)

A. No vehicle or vehicles shall be parked or stored by the owner, operator or person in charge thereof upon any off-street parking facilities of the city for a time longer than that upon which parking rates have been paid and discharged, and should the owner, operator or person in charge of said vehicle allow the same to be parked or stored longer than a period of twenty-four hours after the parking time paid thereon or contracted for has expired, the said vehicle shall be subject to removal from the premises by the city or its duly authorized representatives, and shall be subject to a possessory lien in favor of the city, pursuant to the provisions of Section 22851 of the Vehicle Code of the state for the following storage and removal charges and fees:

1. Accumulated unpaid parking charges at the time of removal;

2. Actual towing and storage charges;

3. A removal fee of two dollars.

B. Any attendant or employee of the city on duty or upon the said off-street parking facilities shall not permit or allow the removal from the premises of any vehicle by the owner, operator or person in charge unless and until all charges and fees have been paid and discharged.

C. Failure on the part of any owner, operator or person in charge of any vehicle so removed from any of the said municipal off-street parking facilities to redeem his vehicle or vehicles within the time and within the manner provided by law shall be cause for the city to proceed to sell the said vehicle to satisfy the lien and all charges and fees unpaid thereon in the manner as provided by law.

(Prior code § 3316.3; Ord. 19023)

A. "Director" means the director of the department of transportation, or such other director or officer designated by the city manager to administer this section.

B. The director is authorized to establish regulations regarding the time, place and manner of parking or stopping of vehicles on any off-street parking facility owned, leased and/or operated by the city, or any paseo, plaza, access road or property owned or leased by the city.

C. The director shall not enforce any regulation established pursuant to this section in any off-street parking facility until the director has posted adequate notice of such regulations in the parking facility, paseo, plaza, access road, or property owned, leased and/or operated by the city.

D. No person shall park or stop a vehicle in any off-street parking facility owned, leased and/or operated by the city in violation of any properly posted regulation established by the director pursuant to this section.

E. No person shall park or stop a vehicle in any paseo, plaza, access road or property owned, leased and/or operated by the city in violation of any properly posted regulation established by the director pursuant to this section.

F. In the event that a vehicle is parked in violation of this section, any regularly employed and salaried city peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code, or any regularly employed and salaried employee of the city who is engaged in directing traffic or enforcing parking laws and regulations, may remove the vehicle in the manner and subject to the requirements of the California Vehicle Code.

(Ord. 27129.)