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CHAPTER 2
TRAFFIC REGULATIONS*Sections:
Part 1. General Provisions and Violations
§ 3200 Short Title.
§ 3201 Continuation.
§ 3202 Traffic Enforcement Agency.
§ 3203 City Traffic Engineer.
§ 3204 Violations.
Part 2. Definitions
§ 3210 Generally.
§ 3211 Definitions.
Part 3. Miscellaneous
§ 3220 Removal of Vehicles.
§ 3221 Removal of Illegally Parked Vehicles.
Part 4. Traffic Control Devices
§ 3230 Authority to Install Official Traffic Control Devices.
§ 3231 Official Traffic Control Devices Required for Enforcement Purposes.
§ 3232 Installation of Traffic Control Signals.
§ 3233 Authority to Remove Relocate and Discontinue Traffic Control Devices.
§ 3234 Traffic Control Devices – Hours of Operation.
§ 3235 Unauthorized Markings of Curbs and Roadways.
Part 5. Traffic Regulations
§ 3240 Speed Zones.
§ 3241 Regulation of Turns.
§ 3242 Authority for STOP or YIELD.
§ 3243 Pedestrians.
§ 3244 Bicycle Regulations.
§ 3244.1 Bikeways.
§ 3244.2 Riding on Sidewalks.
§ 3244.3 Riding Prohibited in Specific Locations.
§ 3245 Cruising Regulations. «New section»
§ 3245.1 Cruising Prohibited. «New section»
§ 3245.2 Definitions. «New section»
§ 3245.3 Establishment of Traffic Control Points. «New section»
§ 3245.4 Exceptions. «New section»
§ 3245.5 Penalty for Cruising and Successive Violations. «New section»
Part 6. Parking Regulations
§ 3251 Parking Restrictions.
§ 3251.1 Authority of Public Works Director.
§ 3251.2 Temporary Parking Restrictions Not Requiring City Council Direction.
§ 3251.3 Permanent Parking Prohibitions Not Requiring City Council Direction.
§ 3251.4 Parking on Grades.
§ 3251.5 Parking for Certain Purposes Prohibited.
§ 3251.6 Time Limit Parking.
§ 3251.7 Parking for Street Sweeping.
§ 3251.8 Parking in Parkway.
§ 3251.9 Parking on Private Property.
§ 3251.10 Parking Space Markings.
§ 3252 Loading Regulations.
§ 3252.1 Commercial and Passenger Loading Zones.
§ 3252.2 Stopping in Alleys.
§ 3252.3 Bus and Taxi Zones.
§ 3253 Handicapped Parking.
§ 3253.1 On-Street Handicapped Parking.
§ 3253.2 Handicapped Parking in Publicly Owned Off-Street Facilities.
§ 3253.3 Identification of Handicapped Parking Spaces.
§ 3254 Commercial Vehicle Parking.
§ 3254.1 Parking of Detached Trailers.
§ 3254.2 Truck Parking.
Part 7. Truck Regulations
§ 3260 Truck Routes.
§ 3260.1 Prohibition of Commercial Vehicles or Vehicles Exceeding 6000 Pounds Gross Weight Except on Designated Routes.
§ 3260.2 Designated Routes.
§ 3260.3 Exceptions.
§ 3260.4 Designated Route Signs.
§ 3261 Oversize Vehicles.
§ 3261.1 Definitions.
§ 3261.2 Length Prohibition.
§ 3261.3 Exceptions.
§ 3261.4 Width Prohibition.
§ 3261.5 Application For Establishment of Designated Oversized Truck Routes to Terminal Facilities.
§ 3261.6 Fees and Costs.
§ 3261.7 Revocation of Designation.
§ 3261.8 Appeal.
§ 3261.9 Service Facilities.
§ 3261.10 Prohibited Routes for Vehicles with a Kingpin Setting of from Thirty-Eight (38) Feet Through and Including Forty (40) Feet.
Part 8. Hazardous Materials
§ 3270 Vehicles Transporting Hazardous Materials.
Part 9. Trespass by Motor Vehicle
§ 3281 Private Street Defined.
§ 3282 Private Property- Operating Vehicle Without Permission Prohibited.
§ 3283 Public Property – Operating Vehicle Without Permission Prohibited.
§ 3284 Possession of Written Permission Required by Vehicle Operator.
§ 3285 Exceptions – Emergency, Commercial and Other Vehicles.
§ 3286 No Conflict with State Law.
Part 10. Parking Citation Processing
§ 32101 Title.
§ 32102 Definitions.
§ 32103 Authority to Contract with Outside Agencies.
§ 32104 Authority to Conduct Administrative Review Process – Hearing Officer – Procedures.
§ 32105 Process by Which Parking Citations Must Be Issued.
§ 32106 Parking Penalties.
§ 32107 Parking Penalties Received by Date Fixed – No Contest – Request to Contest.
§ 32108 Parking Penalties Not Received by Date Fixed.
§ 32109 Notice of Delinquent Parking Violation – Contents.
§ 321010 Copy of Citation upon Request by Registered Owner.
§ 321011 Affidavit of Nonliability – Leased or Rented Vehicle.
§ 321012 Affidavit of Nonliability – Sale.
§ 321013 Contesting Parking Citation – Procedure.
§ 321014 Collection of Unpaid Parking Penalties.
§ 321015 Obligation of Processing Agency Once Parking Penalty Paid.
§ 321016 Deposit of Parking Penalties with the City.
§ 321017 Filing of Annual Reports.
*Editor’s Note: Prior ordinances codified herein include portions of Ordinance Nos. 2, 29, 45, 69-67, 69-81, 69-97, 69-103, 72-219, 72-231, 73-253, 74-296, 75-351, 75-352, 80-508, 82-619, 83-660, 84-676, 84-693, 87-804, 87-817.
Part 1. General Provisions and Violations
§ 3200 Short Title.
This Chapter shall be known as, and may be cited as the “Traffic Code.” (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3201 Continuation.
All traffic control devices existing in the City at the time of adoption of this Chapter, which were placed by officers and officials of the County of Los Angeles prior to incorporation of the City or by the City subsequent to incorporation and all matters pertaining thereto are hereby ratified and confirmed. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3202 Traffic Enforcement Agency.
The Sheriff’s Department of the County of Los Angeles shall be the traffic enforcement agency of the City. It shall be the duty of the traffic enforcement agency to enforce the traffic regulations of the City and all provisions of the California Vehicle Code applicable in the City, to make arrests for traffic violations, to investigate traffic accidents, to cooperate with the City Traffic Engineer and other officers of the City in administration of the traffic laws and improvement of traffic conditions, and to carry out the duties and responsibilities imposed by this Chapter. The City Council may also designate City employees or contractors to have concurrent authority with the Sheriff’s Department of Los Angeles County to enforce specified provisions of the Traffic Code or the Vehicle Code and such employees or contractors shall also be considered as the traffic enforcement agency for such purposes. Code Enforcement Officers and Public Safety Department Security Officers shall have concurrent authority with the Sheriff’s Department to enforce the provisions of the Traffic Code and all parking provisions of the Vehicle Code. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3203 City Traffic Engineer.
The position of City Traffic Engineer is hereby established. It shall be the duty of the City Traffic Engineer to advise the Public Works Director on the installation, operation and maintenance of traffic control devices, to prepare engineering analyses of traffic accidents, to recommend traffic remedial measures and to investigate traffic conditions. The Engineer shall also review development proposals for traffic-related impacts, cooperate with the traffic enforcement agency and other officers of the City in improvement of traffic conditions, advise the City of locations where traffic control signals are appropriate in accordance with standards and instructions set forth in the California Department of Transportation Traffic Manual and/or the U.S. Department of Transportation Manual on Uniform Traffic Control Devices, and carry out those duties and responsibilities imposed by ordinances and resolutions of the City and directions of the City Council and the Public Works Director. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3204 Violations.
Any person violating or failing to comply with any of the provisions of this Traffic Code or any sign posted pursuant to the authority of the Traffic Code shall be deemed guilty of an infraction and shall be punished as provided in CMC 1200(b). (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 2. Definitions
§ 3210 Generally.
Words and phrases not specifically defined herein shall have the meanings provided by the California Vehicle Code or, if not so defined, common usage. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3211 Definitions.
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
(a) “Block” shall mean, unless the context clearly indicates otherwise, the portion of a public street or alley between two (2) intersecting streets or between an intersecting street and the terminus of the public street or alley. Where a “block” would otherwise exceed one thousand (1,000) feet in length, a length of one thousand (1,000) feet shall constitute a “block” for purposes of this Chapter.
(b) “Public Works Director” shall mean the City of Carson’s Director of Public Works or the Public Works Director’s designee.
(c) “Safe place” shall mean, unless the context clearly indicates otherwise, any garage, parking lot, or open space, owned by, maintained by, or under the jurisdiction of the City, and shall include every privately owned garage, the owner or proprietor of which will accept vehicles removed by the traffic enforcement agency.
(d) “Vehicle Code” shall mean the Vehicle Code of the State of California. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 3. Miscellaneous
§ 3220 Removal of Vehicles.
The traffic enforcement agency shall remove to a safe place every vehicle which has been parked or left standing upon a public street or alley for seventy-two (72) or more consecutive hours without being moved under its own power more than one (1) block. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3221 Removal of Illegally Parked Vehicles.
Any 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 who is engaged in the directing of traffic or enforcing parking laws and regulations of the City of Carson, may remove any vehicle parked or left standing in violation of this Chapter 2. Removal of a vehicle may be requested by the Traffic Enforcement Agency and shall be conducted in compliance with the provisions of this Section and Division 11, Chapter 10, of the California Vehicle Code. (Ord. 04-1312U, § 3; Ord. 04-1312, § 2; Ord. 04-1324, § 2)
Part 4. Traffic Control Devices
§ 3230 Authority to Install Official Traffic Control Devices.
The Public Works Director shall cause to be placed and maintained official traffic control devices upon streets and highways required to enforce the provisions of the Vehicle Code and Traffic Code. The Director shall also cause to be placed and maintained such appropriate official traffic control devices as deemed necessary to properly indicate and carry out the provisions of the Codes, or to warn or guide traffic. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3231 Official Traffic Control Devices Required for Enforcement Purposes.
No provision of the Vehicle Code or of the Traffic Code requiring official traffic control devices shall be enforced against an alleged violator unless appropriate official traffic control devices are in place giving notice of such provision or requirement. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3232 Installation of Traffic Control Signals.
The Public Works Director, as authorized by the City Council, shall install and maintain official traffic control signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3233 Authority to Remove Relocate and Discontinue Traffic Control Devices.
The Public Works Director is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or the Traffic Code whenever the conditions which warranted or required the installation no longer exist. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3234 Traffic Control Devices – Hours of Operation.
The Public Works Director shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours are specified in the Vehicle or Traffic Codes or by the City Council. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3235 Unauthorized Markings of Curbs and Roadways.
No person or agency, unless authorized by the Public Works Director, shall mark any street or curb surface; provided, however, that this Section shall not apply to the marking of house numbers on a curb surface. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 5. Traffic Regulations
§ 3240 Speed Zones.
On the basis of an Engineering and Traffic Survey an intermediate speed zone may be established by action of City Council on any street pursuant to provisions of the California Vehicle Code. The speed limit in the zone shall be effective when signs giving due notice are erected on the street. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3241 Regulation of Turns.
The Public Works Director is authorized to place or cause to be placed official traffic control devices where necessary to regulate or prohibit turning movements during certain hours of any day or at all times. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3242 Authority for STOP or YIELD.
The Public Works Director shall place and maintain STOP or YIELD signs and markings at the locations designated by City Council at which vehicular traffic shall stop or yield, respectively, before proceeding. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3243 Pedestrians.
The Public Works Director may establish, designate and maintain crosswalks marked by devices, marks or lines upon the surface of the roadway where there is particular need to guide pedestrians in crossing the roadway or, install signs at or near an intersection directing that pedestrians shall not cross in any crosswalk so signed. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3244 Bicycle Regulations.
(Ord. 05-1334, § 1)
§ 3244.1 Bikeways.
When established by action of the City Council, bikeways shall be installed and maintained by the Public Works Director in conformity with the provisions of Chapter 8 of Division 3 of the California Streets and Highways Code. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3244.2 Riding on Sidewalks.
No person shall ride a bicycle on any sidewalk in a business district. Any person riding a bicycle on a sidewalk in any area where riding is permitted shall yield the right-of-way to any pedestrian. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3244.3 Riding Prohibited in Specific Locations.
The Public Works Director, pursuant to City Council action, shall erect and maintain signs on a public sidewalk or roadway regulating or prohibiting the riding of bicycles thereon, except no signs need be posted in order to enforce CMC 3244.2. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 6. Parking Regulations
§ 3251 Parking Restrictions.
(Ord. 05-1334, § 1)
§ 3251.1 Authority of Public Works Director.
The Public Works Director shall place and maintain signs or markings restricting or limiting the stopping or parking of vehicles in those locations where directed by the City Council, or as otherwise authorized by this Chapter. When appropriate signs and markings are placed, no person shall stop or park any vehicle except in conformity with the signs or markings. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.2 Temporary Parking Restrictions Not Requiring City Council Direction.
The Public Works Director may, without City Council authorization, prohibit stopping, standing, or parking of vehicles on any street or highway or portion thereof where the use of such street or highway or a portion thereof is necessary for:
(a) The cleaning, repair or construction of the street or highway,
(b) The installation of underground utilities,
(c) The movement of equipment, articles, or structures of unusual size,
(d) A special event or for a purpose other than the normal flow of traffic, or
(e) Where an emergency or other event is likely to cause traffic congestion.
This Section shall not be enforced unless signs giving notice of such prohibition are erected or posted. Except in emergency situations described in subsection (e) of this Section, the signs must be erected at least twenty-four (24) hours in advance of the enforcement of the prohibition. It shall be unlawful to stop, park or leave standing any vehicle contrary to any sign erected or posted pursuant to this Section except when necessary to avoid conflict with other traffic or as directed by a peace officer. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.3 Permanent Parking Prohibitions Not Requiring City Council Direction.
The Public Works Director may, without City Council authorization, prohibit the stopping of vehicles by causing appropriate signs or markings to be placed and maintained in the following circumstances:
(a) At any place within thirty (30) feet of a marked crosswalk,
(b) Within thirty (30) feet on the approach to any traffic control signal, stop or yield sign, or flashing beacon, or
(c) At any place for a distance not to exceed one hundred (100) feet (or one-half (1/2) block, whichever is less) where stopped vehicles would unduly hamper free flow of traffic, impair visibility, or endanger public safety or welfare. (Ord. 92-969, § 1; Ord. 04-1312U, §§ 1, 2; Ord. 04-1312, §§ 1, 2; Ord. 04-1324, §§ 1, 2; Ord. 05-1334, § 1)
§ 3251.4 Parking on Grades.
No person driving, in control of, or in charge of, a motor vehicle shall permit the vehicle to stand on any highway unattended when upon any grade exceeding three (3) percent without blocking the wheels of the vehicle by turning them against the curb or by other means. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.5 Parking for Certain Purposes Prohibited.
No person shall park a vehicle upon any roadway for the purpose of washing, polishing, greasing, or repairing such vehicle except for repairs necessitated by an emergency. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.6 Time Limit Parking.
When appropriate signs or markings are placed, no person shall park any vehicle for a period of time in excess of that permitted as indicated on the signs or markings. For time limits of less than one (1) hour, green paint on the curb in the zones, with the time limit stenciled in white, may be used in lieu of signs. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.7 Parking for Street Sweeping.
When appropriate signs prohibiting parking for purposes of street sweeping are posted, no person shall park any vehicle on the day or days during the hours designated on the signs. This Section shall not apply to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or other structure, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.8 Parking in Parkway.
No person shall park any vehicle between any highway curb and the adjacent property line without permission of the City Council. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.9 Parking on Private Property.
No person shall park any vehicle, whether attended or not, in any private driveway or on any private property, without the express or implied consent of the owner or person in lawful possession of the driveway or property. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3251.10 Parking Space Markings.
When public streets or off-street parking lots are marked with lines designating parking spaces, all vehicles are required to park entirely within the marked spaces. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3252 Loading Regulations.
(Ord. 05-1334, § 1)
§ 3252.1 Commercial and Passenger Loading Zones.
The Public Works Director, without City Council direction, may determine the location of commercial and passenger loading zones and place and maintain appropriate signs or marking identifying the zones as provided below:
(a) Commercial loading zones may be established to permit loading or unloading of persons or goods for the time necessary to do so, but in no event for more than twenty (20) minutes and only between 6:00 a.m. and 9:00 p.m. each day. Such spaces shall be signed or identified with yellow curb paint.
(b) A passenger loading zone shall permit stopping only for loading or unloading of persons for the time necessary to do so, but in no event for more than three (3) minutes, and shall be signed or marked with white curb paint stenciled “Passenger Loading.”
(c) A mailbox zone shall permit stopping only for the time necessary to deposit mail in the box, but in no event for more than three (3) minutes, and shall be signed or marked with white curb paint stenciled “Mailbox.” (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3252.2 Stopping in Alleys.
No person shall stop a vehicle in an alley other than for loading or unloading of persons or goods for the time necessary to do so, but in no event for more than twenty (20) minutes. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3252.3 Bus and Taxi Zones.
The Public Works Director may, without City Council direction, designate and establish bus and/ or taxi zones. When such zones are established:
(a) No bus operator shall stop to load or unload other than at a bus stop or passenger loading zone except in an emergency.
(b) No taxi operator shall park an in-service cab other than in a designated taxi zone except for loading or unloading of passengers where stopping is not otherwise prohibited.
(c) No person shall stop any vehicle other than a bus in a bus zone or a taxi in a taxi zone when such zone has been appropriately signed or marked. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3253 Handicapped Parking.
(Ord. 05-1334, § 1)
§ 3253.1 On-Street Handicapped Parking.
The Public Works Director may, without City Council direction, designate curb parking spaces for exclusive use of vehicles displaying a distinguishing license plate or placard issued for disabled persons by the Department of Motor Vehicles. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3253.2 Handicapped Parking in Publicly Owned Off-Street Facilities.
The Public Works Director may, without City Council direction, designate parking spaces in City-owned, leased, or controlled off-street parking facilities for the exclusive use of vehicles displaying a distinguishing license plate or placard issued for disabled persons by the Department of Motor Vehicles. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3253.3 Identification of Handicapped Parking Spaces.
Parking spaces designated for exclusive use of vehicles displaying a distinguishing license plate or placard issued for disabled persons by the Department of Motor Vehicles shall be marked as required by the California Vehicle Code. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3254 Commercial Vehicle Parking.
(Ord. 05-1334, § 1)
§ 3254.1 Parking of Detached Trailers.
No person shall park or stop any commercial semi-trailer or commercial trailer, boat trailer, vehicle trailer or any other type of trailer on any highway, street, or alley in the City unless such semi-trailer or trailer is, at all times while so parked or stopped, attached to a vehicle capable of moving the semi-trailer or trailer in a normal manner upon the public streets and highways. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3254.2 Truck Parking.
The parking of any commercial vehicle with a gross weight of over six thousand (6,000) pounds, length of over twenty-five (25) feet, or width of over ninety-six (96) inches (total outside width of vehicle or load or combined) is prohibited at all times on any street in the City of Carson except:
(a) At locations and for the time period authorized by City Council and posted by the Public Works Director;
(b) For such time as is reasonably necessary to deliver to or collect goods from or provide a service to a property in the block in which the vehicle is parked. At locations where parking of commercial vehicles with a gross weight of over six thousand (6,000) pounds is permitted overnight, illuminated clearance lights or safety reflectors must be provided and utilized. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 7. Truck Regulations
§ 3260 Truck Routes.
(Ord. 05-1334, § 1)
§ 3260.1 Prohibition of Commercial Vehicles or Vehicles Exceeding Six Thousand (6,000) Pounds Gross Weight Except on Designated Routes.
Any commercial vehicle exceeding a maximum gross weight of six thousand (6,000) pounds is hereby prohibited from using any street in the City of Carson other than those listed in CMC 3260.2, or as permitted by CMC 3260.3. All streets in the City not designated in CMC 3260.2 shall be restricted streets for the purposes of this Section. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3260.2 Designated Routes.
Commercial vehicles exceeding a maximum gross weight of six thousand (6,000) pounds shall use only the following streets or portions of streets within the City of Carson:
(1) Alameda Street.
(2) Alondra Boulevard.
(3) Artesia Boulevard.
(4) Avalon Boulevard.
(5) Banning Boulevard between 230th Street and Sepulveda Boulevard.
(6) Bonita Street between 223rd Street and Watsoncenter Road.
(7) Broadway.
(8) Carson Street.
(9) Cherie Place.
(10) Del Amo Boulevard.
(11) Figueroa Street.
(12) Janis Street.
(13) Keegan Avenue.
(14) Kingsview Avenue.
(15) Lomita Boulevard.
(16) Lucerne Street between 223rd Street and Watsoncenter Road.
(17) Main Street.
(18) Margay Avenue.
(19) Sandhill Avenue.
(20) San Diego Freeway.
(21) Santa Fe Avenue.
(22) Sepulveda Boulevard.
(23) Torrance Boulevard between Main Street and westerly City limits.
(24) Utility Way between Watsoncenter Road and 230th Street.
(25) Victoria Street.
(26) Walnut Avenue between Broadway and Main Street.
(27) Watsoncenter Road between Avalon Boulevard and Wilmington Avenue.
(28) Westward Avenue between 220th Street and southerly terminus south of 220th Street.
(29) Wilmington Avenue.
(30) 220th Street between Wilmington Avenue and Westward Avenue.
(31) 223rd Street.
(32) 230th Street between Wilmington Avenue and Banning Boulevard.
(33) 233rd Street between Wilmington Avenue and Banning Boulevard. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3260.3 Exceptions.
Notwithstanding any other provision of this Part nothing herein shall be deemed to prohibit any vehicle coming from an unrestricted street having ingress or egress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted street or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained, nor shall any provision of this Section apply to any vehicle owned by a public utility or licensed contractor vehicle necessarily in use in the construction, installation or repair of any public utility, or to any vehicle (passenger stage) subject to the provisions of Sections 1031 to 1036, inclusive, of the California Public Utilities Code. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3260.4 Designated Route Signs.
The City Council of the City of Carson hereby determines that the erection of appropriate signs on those streets designated in CMC 3260.2 will best serve to give notice of this Part. This Part shall not be effective until such time as said signs have been erected. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261 Oversize Vehicles.
(Ord. 05-1334, § 1)
§ 3261.1 Definitions.
For the purposes of this Part the following terms, words, phrases and their derivation shall have the meaning given herein:
(a) “Approved ingress or egress point” shall mean an exit or entrance to or from a highway in the National System of Interstate and Defense highways or a federal-aid primary highway which has been designated and signed by the State of California Department of Transportation for use by vehicles or combinations of vehicles exceeding the limitations of Sections 35400, 35401 or 35411, or subdivisions (b) to (e), inclusive, of 35402 of the California Vehicle Code.
(b) “Designated oversized truck route” shall mean a route approved and signed by the City of Carson pursuant to this Part between an approved ingress or egress point and a terminal or service facility.
(c) “Oversized vehicle” shall mean any vehicle or combination of vehicles with a kingpin setting in excess of forty (40) feet or an overall length greater than sixty-five (65) feet.
(d) “Service facility” shall mean an area located within one-half (1/2) mile of an approved ingress or egress point where in addition to repair services for oversized vehicles are available at least two (2) of the following three (3) services – diesel fuel, food, and/or lodging.
(e) “Terminal facility” shall mean a facility at which freight is consolidated to be shipped and where full load consignments may be on-loaded, off-loaded, or at which oversized vehicles are regularly maintained, stored, or manufactured. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.2 Length Prohibition.
(a) No person may operate any oversize vehicle on any street within the City of Carson except when traveling along a designated oversized truck route, or as provided in CMC 3261.3.
(b) No person may operate a vehicle or combination of vehicles with a kingpin setting greater than thirty-eight (38) feet and not more than forty (40) feet on any street in the City of Carson or any street where such operation is prohibited and signs giving notice thereof have been erected.
(c) No person may operate a vehicle or combination of vehicles in excess of sixty (60) feet on any street where such operation is prohibited and signs giving notice thereof have been erected. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.3 Exceptions.
This Part shall not apply to:
(a) Licensed carriers of household goods if travel on streets other than designated oversized truck routes is necessary and incidental to the shipment of the household goods; or
(b) Persons operating vehicles traveling between an approved service facility ingress and egress point and a service facility located not more than one-half (1/2) mile from an approved ingress or egress point if the City has not designated an oversized truck route between the service facility and the approved ingress or egress point, and if such access is consistent with the safe operation of vehicles or combinations of vehicles exceeding sixty (60) feet in total length. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.4 Width Prohibition.
No person may operate any vehicle or combination of vehicles in excess of ninety-six (96) inches in width on any street within the City of Carson, without first obtaining a Moving Permit pursuant to the Highway Permit Ordinance. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.5 Application For Establishment of Designated Oversized Truck Routes to Terminal Facilities.
(a) Any person owning and operating a terminal facility desiring to have a designated oversized truck route to or from said facility established by the City shall submit to the Public Works Department an application on a form provided by the Department. The applicant shall also pay the requisite application fee established by the Director of Public Works and provide such information as may be requested by the Department.
(b) The Director of Public Works will determine if the facility constitutes a terminal and, if so, whether there exists a route over which oversized vehicles may safely travel between the facility and approved ingress and egress points. In determining whether a safe route exists, the Public Works Director shall consider turning radii and lane widths of ramps, intersections, highways and driveways and general traffic conditions such as sight distance, speed and traffic volumes. If a route or routes to and from a terminal is or are found to be safe, the Director of Public Works shall apply to the California Department of Transportation for approval of egress and ingress points and concurrence in the oversized truck route tentatively designated by the City. If the California Department of Transportation approves ingress and egress points and concurs in the oversized truck route tentatively designated by the City, a designated oversized truck route shall be established by the City.
(c) The City may establish a designated oversized truck route conditioned upon the applicant taking certain corrective actions necessary for the designated oversized truck route to be safe. The Director of Public Works may apply for approval of the California Department of Transportation prior to undertaking said corrective action. No designated oversized truck route shall be signed until all corrective work has been completed to the satisfaction of the Director of Public Works. The cost of all corrective work, including time for review and inspection by the City, shall be borne by the applicant.
(d) Should the safest oversized truck route between an approved egress and ingress point involve streets or highways outside the City, no oversized truck route shall be established without a condition that the oversized truck route outside the City be approved by the appropriate jurisdiction for the establishment to be effective and prior to the oversized truck route being signed by the City. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.6 Fees and Costs.
(a) The applicant shall pay a nonrefundable application fee, as established by the Director of Public Works, to pay for the investigation and processing of the application provided for in CMC 3261.5.
(b) Upon establishment of a designated oversized truck route, the applicant shall deposit with the City sufficient funds as determined by the Director of Public Works to pay the cost of purchase and installation of route signing. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.7 Revocation of Designation.
The Director of Public Works may revoke the designation of any oversized truck route if he or she finds that the route is unsafe for use by oversized vehicles. If the designated oversized truck route serves a terminal facility, the owner or operator of the terminal facility shall be notified in writing of the grounds of the revocation ten (10) days prior to the effective date of the revocation. The effective date of the revocation shall be stayed if an appeal of the revocation is filed within said ten (10) day period. Service of the notice of revocation shall be effective on the date the notice is deposited in the United States Postal Service by certified mail or personally delivered to the terminal address. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.8 Appeal.
If an application is not approved or approval of a previously designated oversized truck route is revoked, any interested person may, within ten (10) days following such denial or revocation, file a written appeal with the City Council. The appeal shall specifically state the grounds for the appeal. The City Council shall consider the appeal and its determination shall be final. If an application is not approved or a designated oversized truck route revoked, no person may apply for establishment of an oversized truck route to serve the same terminal for a period of one (1) year from the date of said disapproval or revocation. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.9 Service Facilities.
Whenever the California Department of Transportation establishes approved ingress and egress and points for access to a service facility, the Department of Public Works shall establish a designated oversized truck route between the approved ingress and egress points and the service facility. Said designated oversized truck route shall be consistent with the safe operation of oversized vehicles. The Director of Public Works shall petition the California Department of Transportation to rescind the approved ingress and egress points for access to a service facility if the Director determines that no safe oversized truck route exists between the approved ingress and egress points and the service facility or that the service facility is not located within one-half (1/2) mile of approved ingress and egress points. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3261.10 Prohibited Routes for Vehicles with a Kingpin Setting of from Thirty-Eight (38) Feet Through and Including Forty (40) Feet.
The Director of Public Works shall recommend to the City Council the designation of streets where the operation of trucks with kingpin lengths from thirty-eight (38) feet through and including forty (40) feet shall be prohibited. The City Council shall prohibit travel by such trucks on any street where it finds such travel to be unsafe based upon such factors. No prohibition enacted pursuant to this Section shall be enforced until the Public Works Director or his designee has erected signs giving notice thereof. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 8. Hazardous Materials
§ 3270 Vehicles Transporting Hazardous Materials.
(a) No person operating a vehicle transporting a hazardous material or substance as identified in Title 49 of the Code of Federal Regulations shall park the vehicle on any highway, highway shoulder, street, alley, public way or public place, or within five (5) feet of the traveled portion thereof, within a residential zone or within one thousand (1,000) feet of any school or within three hundred (300) feet of any bridge or tunnel, except for brief periods when mechanical or equipment failure or disablement or malfunction of the vehicle, or the necessities of operation require the vehicle to be parked and make it impractical to park the vehicle in the other place.
(b) Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel delivery vehicles, and vehicles delivering life support and health commodities are exempt from the provisions of subsection (a) of this Section while the drivers are performing duties that are evident and necessary as the operator of the vehicle or the provider of the service.
(c) This Section does not relieve a driver from complying with Federal, State or local laws relating to the transportation of hazardous materials or explosives, or motor carrier safety regulations. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 9. Trespass by Motor Vehicle
§ 3281 Private Street Defined.
As used in this Chapter, “private street” means a street over which private persons have an easement to travel, and does not include driveways, paths or other ways over which no one has a right to travel except by license. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3282 Private Property – Operating Vehicle Without Permission Prohibited.
A person shall not operate any type of motor vehicle upon the private property of another within six hundred (600) feet of any building or structure designed for or used for residential or commercial purposes, except a highway or private street, without first obtaining the written permission of the person in lawful possession of the property or, if the property is unoccupied, of the owner. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3283 Public Property – Operating Vehicle Without Permission Prohibited.
A person shall not operate any type of motor vehicle upon any public property within six hundred (600) feet of any building or structure designed for or used for residential or commercial purposes, except a highway or private street, without first obtaining the written permission of the public entity which is in possession of such property or, if the property is unoccupied, of the public entity which owns such property. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3284 Possession of Written Permission Required by Vehicle Operator.
Every person who operates any type of motor vehicle upon the private property of another or upon any public property and within six hundred (600) feet of any building or structure designed for or used for residential or commercial purposes, except a highway or private street, at all times while so operating shall maintain in his possession the written permission required by this Part, except that if the same document grants such permission to two (2) or more persons, a person named in such document need not have such document in his possession while another person named in the same document, riding in the same group, and not more than three hundred (300) feet from such person, has such document in his possession. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3285 Exceptions – Emergency, Commercial and Other Vehicles.
This Part does not prohibit the use of such property by:
(a) Emergency vehicles;
(b) Vehicles of commerce in the course of the conduct of normal business;
(c) Vehicles being operated on property devoted to commercial or industrial purposes where such operation is in conjunction with commercial or industrial use and where such operation is expressly or implicitly given by the person in possession of the property;
(d) Vehicles operating on property actually used for residential purposes and where such vehicles are there at the express or implied invitation of the owner or occupant;
(e) Vehicles being operated on public or private parking lots where permission to so operate is expressly or implicitly given by the person in possession of the lot. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
§ 3286 No Conflict with State Law.
This Part does not prohibit any act, either expressly authorized or expressly prohibited by either Section 602 of the Penal Code, or Section 21 of the Vehicle Code of the State of California, or by any other State law. (Ord. 92-969, § 1; Ord. 05-1334, § 1)
Part 10. Parking Citation Processing
§ 32101 Title.
This Section shall be known as the Parking Citation Processing and Administrative Adjudication Ordinance of the City of Carson. (Ord. 93-1011, § 2)
§ 32102 Definitions.
Except where the context otherwise requires, the definitions provided in this Section shall govern the construction of this Part.
(a) “Agency” shall mean the “processing agency” as defined below.
(b) “City” shall at all times refer to the City of Carson.
(c) “Contestant” shall mean any “operator” or “registered owner” as defined in this Section who contests a parking citation.
(d) “County” shall mean the County of Los Angeles.
(e) “Department” shall mean the Department of Motor Vehicles.
(f) “Hearing Examiner” shall mean any individual selected by the City, or if the City elects to contract for parking citation processing services, that individual selected by the processing agency authorized to administratively adjudicate parking citation contests.
(g) “Issuing Agency” shall mean the City or its authorized agent that issues parking citations.
(h) “Issuing Officer” shall mean a peace officer as defined in Chapter 4.5 (commencing with section 830) of Title 3 of the California Penal Code, or the successor statutes thereto, or other individual authorized to issue a parking citation.
(i) “Operator” shall mean the “registered owner” or any other individual driving and/or in possession of a vehicle at the time a citation is issued.
(j) “Parking Citation” shall mean a notice that is personally given or mailed to the operator, or attached to the operator’s vehicle, informing the operator of a parking, equipment and/or other vehicle violation and the operator’s right to elect to pay the “parking penalty” for the violation or contest the citation.
(k) “Parking Penalty” includes, but is not limited to, the parking penalty for the particular violation, as well as late payment penalties, administrative fees, assessments, costs of collection as provided by law, and other related fees.
(l) “Processing Agency” shall mean the City or its authorized agent that processes parking citations and issues notices of delinquent parking violations on behalf of the City.
(m) “Registered Owner” shall mean the individual or entity whose name is recorded with the Department of Motor Vehicles as having ownership of a particular vehicle.
(n) “Vehicle” shall mean any self-propelled vehicle operated or suitable for operation on a highway.
(o) “Violation” shall mean any parking, equipment or other vehicle violation established pursuant to state law or City ordinance. (Ord. 93-1011, § 2)
§ 32103 Authority to Contract with Outside Agencies.
The City may issue and/or process parking citations and notices of delinquent parking violations, or it may enter into a contract with a private parking citation processing agency, or with another city, county, or other public issuing or processing agency.
Any contract entered into pursuant to this Section shall provide for monthly distribution of amounts collected between the parties, except amounts payable to the County pursuant to Chapter 12 (commencing with section 76000) of Title 8 of the California Government Code, or the successor statutes thereto, and amounts payable to the Department pursuant to California Vehicle Code section 4763 or the successor statute thereto. (Ord. 93-1011, § 2)
§ 32104 Authority to Conduct Administrative Review Process – Hearing Officer – Procedures.
The processing agency may review appeals or other objections to a parking citation pursuant to the procedures set forth in this Section.
(a) For a period of twenty-one (21) days from the issuance of the parking citation, or ten (10) days from the mailing of the notice of delinquent parking citation, an operator may request initial review by the processing agency. The request for initial review may be made in writing, by telephone or in person.
(b) The initial review by the processing agency shall consist of those procedures outlined in CMC 321013(a)(1).
(c) If the operator is dissatisfied with the results of the initial review, the operator may contest the parking citation or notice of delinquent parking violation through an administrative hearing review process as outlined in CMC 321013.
In order to contest the parking citation, the operator must deposit with the processing agency the full amount of the parking penalty on or before the fifteenth day following the mailing to that operator of the results of the processing agency’s initial review. At the same time, the operator must provide a written explanation of the reason or reasons for contesting the parking citation on a form provided by the processing agency. If the operator is unable to deposit the full amount of the parking penalty, the operator must provide verifiable and substantial proof of an inability to deposit the parking penalty. Upon presentation of such proof, the processing agency shall proceed with the contest procedure despite the operator’s failure to deposit the full amount of the parking penalty. If it is ultimately determined that the operator is not liable for the parking violation, then the full amount of the parking penalty deposited shall be refunded.
The contestant may contest the parking citation either by written declaration, on forms provided by the processing agency, or by personal appearance before a hearing examiner.
(d) Notwithstanding the provisions of subsection (c) of this Section, if the vehicle has been immobilized or impounded for unpaid parking citations, the processing agency shall permit the registered owner of the vehicle to contest the parking citations upon which the seizure was based, without requiring a deposit of the parking penalty; provided, that the vehicle remains under the control of the immobilizing or impounding agency.
(e) The processing agency shall provide, through an administrative policy, a procedure for contesting parking citations and notices of delinquent parking violations. (Ord. 93-1011, § 2)
§ 32105 Process by Which Parking Citations Must Be Issued.
Parking citations shall be issued in accordance with the following procedures:
(a) If a vehicle is unattended at the time that the parking citation is issued for a parking violation, the issuing officer shall securely attach to the vehicle the parking citation setting forth the violation, including reference to the section of the California Vehicle Code, the City’s Municipal Code, or other parking regulation violated; the approximate time of the violation; the location of the violation, and the date by which the operator is to deposit the parking penalty or contest the parking citation pursuant to CMC 321013. The citation shall state the amount of the parking penalty and the address of the agency authorized to receive deposit of the parking penalty.
The parking citation shall also set forth the vehicle license number and registration expiration date, if such date is visible; the last four (4) digits of the vehicle identification number, if that number is visible through the windshield; the color of the vehicle; and, if possible, the make of the vehicle.
(b) The parking citation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained therein.
(c) Once the parking citation is prepared and attached to the vehicle pursuant to subsection (a) of this Section, the issuing officer shall file notice of the parking violation with the processing agency.
(d) If during issuance of the parking citation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the parking citation to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within fifteen (15) days of issuance of the parking citation, a copy of the parking citation to the registered owner.
(e) If after a copy of the parking citation is attached to the vehicle, or personally given to the operator, the issuing agency determines that the issuing officer was in error in issuing the parking citation, the issuing agency may, based on a written recommendation by the issuing officer, recommend that the parking citation be canceled. The recommendation shall state the reason or reasons for cancellation and shall be filed with the processing agency.
Under no circumstance shall a personal relationship with any public official, officer, issuing officer, or law enforcement agency be grounds for cancellation.
(f) If a processing agency makes a finding that there are grounds for cancellation as set forth in the City’s administrative policy, or pursuant to any other basis provided by law, then the finding or findings shall be filed with the processing agency, and the parking citation shall be canceled pursuant to CMC 321013(a)(1). (Ord. 93-1011, § 2)
§ 32106 Parking Penalties.
(a) Parking penalties shall be established by resolution of the City Council.
(b) All parking penalties received by the processing agency shall accrue to the benefit of the City. (Ord. 93-1011, § 2)
§ 32107 Parking Penalties Received by Date Fixed – No Contest – Request to Contest.
If the parking penalty is received by the processing agency and there is no contest by the date fixed on the parking citation, all proceedings as to that parking citation shall terminate.
If the operator contests the parking citation, the processing agency shall proceed in accordance with CMC 321013. (Ord. 93-1011, § 2)
§ 32108 Parking Penalties Not Received by Date Fixed.
If payment of the parking penalty is not received by the processing agency by the date fixed on the parking citation, the processing agency shall deliver to the registered owner a notice of delinquent parking violation pursuant to CMC 32109.
Delivery of a notice of delinquent parking violation may be made by personal service or by first class mail addressed to the registered owner of the vehicle as shown on the records of the Department. (Ord. 93-1011, § 2)
§ 32109 Notice of Delinquent Parking Violation – Contents.
The notice of delinquent parking violation shall contain the information required to be included in a parking citation pursuant to CMC 32105. The notice of delinquent parking violation shall also contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within ten (10) days after mailing the notice of delinquent parking violation or completes and files an affidavit of nonliability form that complies with CMC 321011 or 321012, the vehicle registration shall not be renewed until the parking penalties have been paid. In addition, the notice of delinquent parking violation shall contain, or be accompanied by, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing an affidavit, and instructions for returning the affidavit to the issuing agency.
If the parking penalty is paid within ten (10) days after the mailing of the notice of delinquent parking violation, no late penalty or similar fee shall be charged to the operator. (Ord. 93-1011, § 2)
§ 321010 Copy of Citation upon Request by Registered Owner.
(a) Within fifteen (15) days of request, made by mail or in person, the processing agency shall mail or otherwise provide to the registered owner, or the registered owner’s agent, who has received a notice of delinquent parking violation, a copy of the original parking citation. The issuing agency may charge a fee sufficient to cover the actual cost of copying and/or locating the original parking citation, not to exceed $2.00. Until the issuing or processing agency complies with a request to provide a copy of the parking citation, the processing agency may not proceed to immobilize the vehicle in question merely because the registered owner has received five (5) or more outstanding parking violations over a period of five (5) or more days.
(b) If the description of the vehicle on the parking citation does not substantially match the corresponding information on the registration card for that vehicle the processing agency shall, on written request of the operator, cancel the notice of parking violation. (Ord. 93-1011, § 2)
§ 321011 Affidavit of Nonliability – Leased or Rented Vehicle.
A registered owner shall be released from liability for a parking citation if the registered owner files with the processing agency an affidavit of nonliability satisfactory to the processing agency and such affidavit is returned within thirty (30) days after the mailing of the notice of delinquent parking violation together with proof of a written lease or rental agreement between a bona fide rental or leasing company and its customer which identifies the renter or lessee and provides the operator’s driver’s license number, name and address. The processing agency shall serve or mail to the renter or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. The processing agency shall inform the renter or lessee that he or she must pay the full amount of the parking penalty, or provide notice to the processing agency that he or she intends to contest the parking citation pursuant to CMC 321013 within fifteen (15) days of the mailing of the notice of delinquent parking violation. If the processing agency does not receive payment of the parking citation or does not receive notice of intent to contest within fifteen (15) days, the processing agency may proceed against the renter or lessee pursuant to CMC 321014. (Ord. 93-1011, § 2)
§ 321012 Affidavit of Nonliability – Sale.
A registered owner of a vehicle shall be released from liability for a parking citation issued to that vehicle if the registered owner served with a notice of delinquent parking violation files with the processing agency, within thirty (30) days of receipt of the notice of delinquent parking violation, an affidavit of nonliability together with proof that such registered owner had made a bona fide sale or transfer of the vehicle and has delivered possession thereof to the purchaser prior to the date of the alleged violation. The processing agency shall obtain verification from the Department that the former owner has complied with the requirements necessary to release the former owner from liability pursuant to California Vehicle Code section 5602 or the successor statute thereto.
If the registered owner has complied with California Vehicle Code section 5602, or the successor statute thereto, the processing agency shall cancel the notice of delinquent parking violation with respect to the registered owner.
If the registered owner has not complied with the requirements necessary to release the owner from liability pursuant to California Vehicle Code section 5602, or the successor statute thereto, the processing agency shall inform the registered owner that the citation must be paid in full or contested pursuant to CMC 321013. If the registered owner does not comply, the processing agency shall proceed pursuant to CMC 321014. (Ord. 93-1011, § 2)
§ 321013 Contesting Parking Citation – Procedure.
(a) If an operator or registered owner contests a parking citation or a notice of delinquent parking violation, the processing agency shall do all of the following:
(1) First, either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the citation with respect to the contestant’s written explanation of the reason or reasons for contesting the parking citation.
If, based on the results of that investigation, the processing agency is satisfied that the violation did not occur, or the registered owner was not responsible for the violation by virtue of having sold, rented or leased the vehicle, or because legally supportable or mitigating circumstances as set forth in the City’s administrative policy warrant a dismissal, the processing agency shall cancel the parking citation, and make an adequate record of the reason or reasons for canceling the parking citation. The processing agency shall mail the results of the investigation by first class mail to the contestant within ten (10) days of the decision.
(2) If the contestant is not satisfied with the results of the investigation provided for in subsection (a)(1) of this Section, the contestant may, within fifteen (15) days of the mailing of the results of the initial investigation, deposit the amount of the parking penalty and other related fees or provide proof of inability to deposit the parking penalty, and request an administrative review.
(3) If the contestant prevails at the administrative hearing, then the full amount of the parking penalty deposited shall be refunded.
(b) The administrative review procedure shall consist of the following:
(1) The contestant shall make a written request for administrative review on a form and in a manner satisfactory to the processing agency, and may request to contest the parking citation either in person or by written declaration.
(2) If the contestant is a minor, that person shall be permitted to appear at a hearing or admit responsibility for a parking citation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as if the minor were an adult.
(3) The administrative review shall be conducted before an examiner designated to conduct the review by the City Council or by the processing agency.
(c) The issuing officer shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the parking citation or copy thereof, and information received from the Department, identifying the registered owner of the vehicle. Such documentation in proper form shall be considered prima facie evidence of the violation.
(d) The processing agency’s final decision shall be in writing and delivered personally to the contestant or the contestant’s agent, or delivered by first class mail within ten (10) working days following the hearing.
(e) If the contestant is not the registered owner of the vehicle, all notices to the contestant required under this Section shall also be given to the registered owner by first class mail. (Ord. 93-1011, § 2)
§ 321014 Collection of Unpaid Parking Penalties.
Except as otherwise provided below, the processing agency shall proceed under subsection (a) or (b) of this Section, but not both, in order to collect an unpaid parking penalty:
(a) File an itemization of unpaid parking penalties and other related fees with the Department for collection pursuant to the California Vehicle Code section 4760 or the successor statute thereto.
(b) If more than $400.00 in unpaid parking penalties and other related fees have been accrued by any one (1) registered owner or the registered owner’s renter, lessee, or sales transferee, proof thereof may be filed with the municipal court which has the same effect as a civil judgment. Execution may be levied and such other measures may be taken for the collection of the judgment as are authorized for the collection of unpaid civil judgments entered against a defendant in an action against a debtor.
The processing agency shall send notice by first-class mail to the registered owner or renter, lessee, or sales transferee indicating that a civil judgment has been filed and the date that the judgment shall become effective. The notice shall also indicate the time: that execution may be levied against that person’s assets, that liens may be placed against that person’s property, that the person’s wages may be garnished, and that other steps may be taken to satisfy the judgment. The notice shall also state that the processing agency will terminate the civil judgment proceeding if all parking penalties and other related fees are paid prior to the date set for hearing. If judgment is entered, then the City may file a writ of execution or an abstract with the municipal court clerk’s office identifying the means by which the civil judgment is to be satisfied.
If a judgment is rendered for the processing agency, that agency may contract with a collection agency licensed pursuant to Chapter 8 (commencing with section 6850) of Division 3 of the California Business and Professions Code, or the successor statutes thereto, to collect the judgment.
The processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested.
(c) If the registration of the vehicle has not been renewed for sixty (60) days beyond the renewal date, and the citation has not been collected by the Department pursuant to the California Vehicle Code section 4760, or the successor statute thereto, then the processing agency may file proof of unpaid penalties and fees with the municipal court which has the same effect as a civil judgment as provided above in subsection (b) of this Section.
(d) The processing agency shall not file a civil judgment with the municipal court relating to a parking citation filed with the Department unless the processing agency has determined that the registration of the vehicle has not been renewed for sixty (60) days beyond the renewal date and the citation has not been collected by the Department pursuant to the California Vehicle Code section 4760 or the successor statute thereto. (Ord. 93-1011, § 2)
§ 321015 Obligation of Processing Agency Once Parking Penalty Paid.
(a) If the operator or registered owner served with notice of delinquent parking violation, or any other person who presents the parking citation or notice of delinquent parking violation, deposits the penalty with the person authorized to receive it, the processing agency shall do both of the following:
(1) Upon request, provide the operator, registered owner, or the registered owner’s agent with a copy of the citation information presented in the notice of delinquent parking violation. The processing agency shall, in turn, obtain and record on its records the name, address and driver’s license number of the person actually given the copy of the citation information.
(2) Determine whether the notice of delinquent parking violation has been filed with Department or a civil judgment has been entered pursuant to CMC 321014.
(b) If the processing agency receives full payment of all parking penalties and other related fees and the processing agency has neither filed a notice of delinquent parking violation nor entered a civil judgment, then all proceedings for that citation shall cease.
(c) If the notice of delinquent parking violation has been filed with the Department and has been returned by the Department pursuant to the provisions of the California Vehicle Code and payment of the parking penalty has been made, along with any other related fees, then the proceedings for that citation shall cease.
(d) If the notice of delinquent parking violation has been filed with the Department and has not been returned by the Department, and payment of the parking penalty along with any other fees applied by either the Department or the processing agency or both have been made, the processing agency shall do all of the following:
(1) Deliver a certificate of payment to the operator, or other person making payment,
(2) Within five (5) working days transmit information payment to the Department in the manner prescribed by the Department,
(3) Terminate proceedings on the notice of delinquent parking violation,
(4) Deposit all parking penalties and other fees as required by contract. (Ord. 93-1011, § 2)
§ 321016 Deposit of Parking Penalties with the City.
All parking penalties collected, including process service fees and costs related to civil debt collection, shall be deposited to the account of the processing agency, and then remitted to the City, if the City is not also the processing agency.
If the City is not the processing agency, then the City shall enter into an agreement with the processing agency for periodic transfer of parking citation receipts, along with a report setting forth the number of cases processed and the sums received. (Ord. 93-1011, § 2)
§ 321017 Filing of Annual Reports.
The processing agency shall prepare an audited report at the end of each fiscal year setting forth the number of cases processed, and all sums received and distributed, together with any other information that may be specified by the City or its authorized issuing agency or the State Controller. The report is a public record and shall be delivered to the City and its authorized issuing agency. (Ord. 93-1011, § 2)
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