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Home My WebLink AboutRES NO 118-94RESOLUTION NO. I 1 8 ' 9 4 A RESOLUTION REVISING THE PENALTIES FOR PAREING VIOLATIONS, LATE PAYMENT PENALTIES, ADMINISTRATIVE FEES AND OTHER RELATED CHARGES FOR PARKING VIOLATIONS IN THE CITY OF BAKERSFIELD. WHEREAS, Assembly Bill 408 provides for the decriminalization of parking violations; and WHEREAS, Assembly Bill 408 requires cities to establish a schedule of penalties for parking violations, late payment penalties, administrative fees and other related charges for parking violations within their respective jurisdictions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: A. The penalties for violations Municipal Code parking ordinances are as follows: BMC SECTION: 10.32.020 Colors and meanings of signs and markings. 10.32.070 Parking as designated by lines on surface of roadway - Required. 10.32.100 Parking on city property. 10.32.110 Limited parking - What constitutes separate offense. 10.32.120 Erasing tire traffic-control markings constitutes violation of Section 10.32.110. of Bakersfield PENALTY: $ 35.o0 $ 25.00 25.00 20.0o $ 50.00 10.32.130 Parking of motor vehicles within the limits of city parks. $ 35.00 10.32.140 10.44.050 Parking of commercial vehicles in residential districts prohibited. Selling merchandise from parked vehicle. $ 65.00 $ 50.00 10.44.060 Truck routes established - $ 65.00 Signs - Parking restrictions. 10.56.080 Unlawful parking - Peddlers, $ 35.00 vendors and taxicabs - Permits. 15.64.140 Section 10.210 added - Fire $ 75.00 lanes. Code parking statutes are as follows: 22502(a)-(e) 22507.8(a)-(c) The penalties for violations of California Vehicle V.C. SECTION: PENALTIES: 5204 Tabs (Correctable violation, $100.00 $15.00 fee). 21113 Parking on public grounds. $ 35.00 21211 Parking on bike path. $ 35.00 22500(a)-(k) Prohibition of stopping, $ 35.00 standing or parking. Curb parking. Parking in spaces designated for disabled person prohibited. 22514 Fire hydrants. $ 35.00 22515(a)&(b) Unattended vehicles. $ 40.00 22521 Parking upon or near $ 35.00 railroad track. Parking near sidewalk access ramps. $ 35.00 $285.OO 22522 $285.00 C. Late payment penalties for any of the above violations shall be one hundred percent (100%) after twenty-one (21) days from citation date, and an additional fifteen dollars ($15.00) following the expiration of that time when the Department of Motor Vehicle (DMV) hold is placed. .......... 000 .......... - 2 - PROPOSED BAlL SCHEDULE 10.32.020 10.32. 070 10.32. 100 10.32.110 10.32.120 10.32.130 10.32.140 10.44. 050 10.44. 060 10.56. 080 15.64.140 BAKERSFIELD MUNICIPAL CODE VIOLATIONS PROPOSED CURRENT BAIL BAIL Color zones or signs 35.00 33.00 Outside designated lines 25.00 23.00 City property without permit 25.00 23.00 Overtime parking 20.00 17.00 Erasing tire markings 50.00 18.00 Within city park 35.00 29.00 Commercial in residential district 65.00 61.00 Selling merchandise from parked vehicle 50.00 - Truck parking 65.00 61.00 Vendors, tax~, vehicle for sale 35.00 23.00 Fire lane 75.00 73.00 Bail includes court house assessment. CALIFORNIA VEHICLE CODE VIOLATIONS 5204 21113 21211 22500 a thru k 22502 a thru e 22507.8 A thru C 22514 22515 a and b 22521 22522 Improper tabs Parking on public grounds Parking on bike path Stopping, standing or parking Curb parking Disabled persons spaces Within 15 feet of fire hydrant Unattended vehicles Within 7 1/2' of r~il~oad track Within 3' of sidewalk access ramp 100.00 35.00 35.00 35.00 35.00 285.00 35.00 40.00 35.00 285.00 27.00 27.00 27.00 282.00 27.00 27.00 27.00 282.00 * Correctable 15.00 CAB/ik ir3tfic\probail 07106/94 PROPOSED BAILSCHEDULE BAKERSFIEr,I~ MUNICIPAL CODE VIOLATIONS 10.32.020 10.32.070 10.32.100 10.32.110 10.32.120 10.32.130 10.32.140 10.44.050 10.44.060 10.56.080 15.64.140 Color zones or signs Outside designated lines City property without permit Overtime parking Erasing tire m~king~ Within city park Commerr4~i in resident~ni district Selling merchandi,~e from parked vehicle Truck parking Vendors, taxis, vehicle for sale Fire lane Bail includes court house assessment. CALIFORNL& VEHICLE CODE VIOLATIONS 5204 21113 21211 22500 a th~u k 22502 a th~u e 22507.8 A thru C 22514 22515 a and b 22521 22522 Improper tabs Parking on public grounds Parking on bike path Stopping, standing or parking Curb parking Disabled persons spaces Within 15 feet of fire hydrant Unattended vehicles Within 7 1/2' of r~ih~o~d tr~ck Within 3' of sidev~lk access ramp BAIL 35.00 25.00 25.00 20.00 50.00 35.00 65.00 50.00 65.00 35.00 75.00 100.00 35.00 35.00 35.00 35.00 285.00 35.00 40.00 35.00 285.00 Correctable 15.00 CAB/ik tr affic\badpropos 05/11194 PD 64-2759 TO FROM SUBJECT MEMORANDUM MAY 11, 1994 S. E. BRUNIbIER, CHIEF OF POLICE C. A. BLACKBURN, LIEUTENANT, TRAFFIC COMMANDER PROPOSED BAIL SCHEDULE The City of Bakersfield has been in the civil liability parking business for -]most one year since the new law went into effect in July, 1993. Since that time the program has been continuously evaluated and I am now reconunending that we revise the bail schedule for a number of reasons. Law that became effective this year enacted by the state required that one of the sections we cite for parking violations be a correctable section. That means that the fine for CVC 5204 Improper Tabs, be reduced a correctable fine if the owner obtains proper registration for the vehicle. This change in the law has necessitated us changing our parking citations to allow for sign-off of these violations. There were also two sections which were not on the old bail schedule which we need to establish bails for to write for the proper violation. They are CVC 21211 Parking On A Bike Path and CVC 21113 Parking On Public Grounds (school grounds). Included in this memo is a survey of selected cities to compare our current and proposed bail schedule to the cities of Oxnard, Sacramento, Modesto, Fresno and Stockton. In evaluating the bail schedules from the other cities, it was noted that bails for the same violations were higher in some instances and lower in others. It appears that the most fair way to establish bails is to set the penalty for like violations at the same amount. You will notice on the proposed bail schedule for the City of Bakersfield, that I have recommended most fines for minor parking violations range from $25 to $35. In the instance of Municipal Code Violation 10.32.120 Erasing Tire Markings, I recommended a fine of $50, in that this violation requires some intent by the violator as they have to physically remove a tire mark from their vehicle. It should be noted that this violation is seldom written, however when it is written, the fine should be commensurate with the violation. On C¥C 5204 Improper Tabs, I am recommending a fine of $100 if they choose not to correct the violation and all correctables be charged a $15 correction fee. The law states that fifty percent of any penalty coliected for correctable violations by a processing agency should be paid to the county for remittance to the state treasurer, and the remaining fifty percent shall be retained by the issuing agency. It is recommended that we increase our late fee payments to encourage violatore to pay their penalties on time. We are currently charging a $10 assessment after twenty-one days and an additional $15 twenty-one days following notification to the violator by the parking administration. This equates to roughly a three month time span when they make allowances for the mail and handling. At the end of that period, the citation is forwarded to Department of Motor Vehicles as a hold on the vehicle's registration and DM¥ additionally charges the city $6 for each citation. It is recommended that the penalty assessment be increased to one-hundred percent of PROPOSED BAIL SCHEDULE MAY 11, 1994 the base fine after twenty-one days from citation date, and the second penalty of $15 per violation be assessed twenty-one days following the expiration of that time when the DMV hold is placed. That $15 will defray costs from DMV fees and the anticipated additional charges by the parking s dmini~tration, Judir~,l Data Services, because of the increased workload required by the new civil parking laws. Attached are listed all the current bail schedules for the aforementioned cities, as well as Bakerefield's current bail schedule, the proposed bail schedule, and penalty assessments. Traffic Commander CAB/ik traf fi¢~bail$che .pro