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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James W. Sharer Subject: Repeal of Section 10.16.160 and 10.16.220
of the Municipal Code relating to Disabled
Dept: Facilities Management Parking and Parking Unregistered Vehicles
Date: June 5, 1996 < ,
W1 it W1; 1€",
Synopsis of Previous Council action: None
Recommended motion: That further reading of the ordinance be waived and it be laid over for
final adoption.
Signature
Contact person: James W. Sharer Phone: 384-5244
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
-- Finance:
Council Notes:
75-0262 ��
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The California Vehicle Code (CVC) states " . . .no local authority
shall enact or enforce any ordinance on the matters covered by (the
CVC) unless expressly authorized herein. "
Municipal Code section 10 . 16 . 160 pertains to Disabled or
Handicapped Parking. Municipal Code section 10 . 16 . 220 pertains to
parking unregistered vehicles, " . . .pursuant to Section 4000 of the
California Vehicle Code . " The CVC does not give local authorities
express authorization to enact or enforce ordinances pertaining to
disabled parking or unregistered vehicles .
The Department of Facilities Management will instruct all
enforcement personnel to cite vehicles parked illegally in disabled
parking under section 22507 . 8 of the CVC and to cite vehicles
without current registration tabs under section 5204 of the CVC per
recommendation of the Administrative Office of the Courts, see
attached.
Staff recommends repeal be approved.
75-0264
13103209228
PHOENIX GROUP TEL No . 13103209228 Jun 4 , 96 13 : 22 No .003 P .01
AWNISTRATM OFFICE OF M COURTS
801 I'M Street, Suita 1800
Sacramento, California 95514
Telephone (916) 327-4983
Teleaopier: (916 327-4986
TO: Each Municipal Court Clerk/Administrator .
EAch• Justice court clerk/Administrator
Each Administratively Combined Court Clark/Administrator
Law Enforcement Agencies
From: Administrative office of the Courts
Rick Neal, Traffic court Coordinator
DATEt March 11, 1994
. REt Equipment/Registration Violations Cited
on a Notice of parking Violation
RevistX4ti n V1211kti ns
Assembly Bill`\780 (Epple) chapter 1093 effective January 1,
1994 amends: Vet isle Coda section 40225(b) (attached) to permit
the citing of a violation of Vohicle Code section 5204 (current
vehicle registration tab improperly attached) on either a
notice to appear or a notice of parking violation, If cited on
a notice of parking- violation, Vehicle Code section 5204 is
subJddt to a civil penalty and processed in accordance with
looally adopted administrative procedure$, If cited on a
notice to appear, it is processed by the court of jurisdiction.
Assembly Bill 408 (Epple) chapter 1244 effective January _, _
1993 amends Vehiol* Code section 40225(A) , (attach6d) to�delet_a)
Vehicle Coda section 4000(a) (evidence of current registrat.iari)
as a violation that can be Cited on a notice of parking
violation. As a "traffic violations#, vehicle code section
4000(a) can still be cited on a notice to appear and filed with
the court of jurisdiction.
&9s iyMgnt Y S ns
Assembly Hill 780 also amends Vehicle Code section 40225 (c)
(attached) to specify that the civil penalty for each equipment
violation is the av►ount established for that violation in the
-'udicial Council 's Uniform Bail and Penalty Schedule.
PHOENIX GROUP TEL No . 13103209228 Jun 4 ,96 13 : 22 No .003 P . 02
When an equipment violation ie •.antered on a notice of parking
violation it should be procasaad as a "civil" offense. As
i
ouch, it s not subjact the "added penalties" required by penal
Code section 1464 and Goverhment Code section 76000 ($17 on
every $10 of mine or portion 'thereof) . Within they Judicial
Council 's uniform Bail and Penalty Schedule the "total penalty"
for an equipment violation is $76. The amount Of penalty boi.ng
comprised of a $25 "bass fine'' and $51 in „added penalties«.
Since the "added penalties+' are not opplicabla to equipment
violations cited on a notice of parking violation, the civil
penalty is $26. Vehicle Cade section 40225(c) provides that ,
upon proof of correction to the processing agency, the penalty
shall be reduced to tan dollars ($1o) .
2
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Document 1190/Traffic