HomeMy WebLinkAbout28- Facilities .4 R
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James W. Sharer Subject: Repeal of Section 10.16.160 and 10.16.22(.
of the Municipal Code relating to Disablc
Dept: Facilities Management Parking and Parking Unregistered Vehicles
Date: June 5, 1996 � V
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:
D i 7 hK
75-0262 Agenda Item No..
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
AWNISTRATIVE OFFICE OF M COURTS
801 IV Street, Suite 1900
Sacramento, California 95814
Telephone : (916) 327-4963
Talecopier: (916 3274986
Tos Each Municipal Court Clerk/Administrator .
Each- Justine Court Clerk/Administrator
Each Administratively combined court clerk/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
�evistra�i�n '�isalA�.S� .
Assembly Hill' eo (Epple) chapter 1,093 effective January 1,
1994 amender Veicle Code section 40225(b) (attached) to permit
the citing of a violation of Vehicle Code section 5204 (current
vehicle registration tan 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
subject to a civil penalty and processed in accordance with
locally adopted administrative procedures, If cited on a
notice to appear, it is processed by the court of jurisdiction.
Assembly Bill 408 (Epple) chapter 1244 affective January _,�,_.
1993 amends vehiole Code section 40225(a) . (attached) to`deleti�)
Vehicle Code section 4000(x) (evidence of current registration)
as a violation that can be cited on a notice of parking
violation. As a "traffic vioiationfl, vehicle code section
4000(a) can still be cited on a notice to appear and filed with
the court of jurisdiction.
gau_ ipEgnt y �gns
Assembly Bill 780 also amends Vehicle code section 40225 (c)
(attached) to specify that the civil penalty for each equipment
violation is the amount established for that violation in the
Judicial council 's Uniform bail and Penalty Schedule.
r nuurin 171CUVr I tL Ivu . 1JLUJLVyLLZS jun 4 1 yjo 1J ; LL NO .UUJ r .U1
When an equipment violation ie ,,antered on a notice of parking
violation it should be procesaed as a 11civil" offense. As
i
such, it s not subject the "added penalties" required by Panel
Code section 1464 and Government Code section 76000 ($17 on
every $10 or fine or portion thereof) . Within the Judicial
Council 's Uniform Bail and Penalty Schedule the "total penalty"
for an equipment violation is $76. The amount of penalty tiding
comprised of a $25 "base final' and $51 in "added penalties".
Since the "added penalties' are not aPplicable to equipment
violations cited on a notice of parking violation, the civil
penalty is $25. Vehicle Code section 40225(c) provides that .
upon proof of correction to the processing agency, the penalty
shall be reduced to ten dollars ($1o) .
t
2
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Document 1190/Traffic
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTION
10 .16 .160 AND 10 .16 .220 OF THE MUNICIPAL CODE RELATING TO DISABLED
3 PERSONS PARKING AND PARKING UNREGISTERED VEHICLES
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS :
5
SECTION 1. Section 10 . 16 . 160 of the San Bernardino Municipal
6 Code is hereby repealed.
7 SECTION 2 . Section 10 . 16 . 220 'of the San Bernardino Municipal
8 Code is hereby repealed.
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1 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted
2 by the Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the day of ,
4 1996, by the following vote, to wit :
5 Council Members AYES NAYS ABSTAIN ABSEW
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
12 MILLER
13
14 CITY CLERK
15 The foregoing Ordinance is hereby approved this day of
16 1996
17 TOM MINOR, Mayor
City of San Bernardino
18 Approved as to form
and legal content :
19
JAMES F. PENMAN,
20 City Attorney
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By:
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