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HomeMy WebLinkAbout11- Facilities Management { 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 RN Document 1190/Traffic