Chapter 10.35
PRIVATE PARKING LOTS
Sections:
10.35.030 Compliance with article.
10.35.040 Restrictions on charging mail-in parking fees.
10.35.050 Maximum amount of mail-in parking fees.
10.35.060 Posting of signs specifying parking restrictions and charges.
10.35.070 Form and contents of parking charge notices.
10.35.080 Dispute resolution procedure for contested parking charges.
10.35.100 Prohibited business practices.
10.35.110 Areas of applicability.
10.35.120 Violations; penalty.
10.35.010 Purpose and intent.
(a) The City Council finds and declares that there is a limited amount of parking on private property within the Downtown Business District. Much of this parking is reserved for customers or for owners, employees, or tenants who work in the Downtown Business District. The parking of unauthorized vehicles in spaces designated for customers and other reserved spaces has interfered with the intended use of business and commercial properties in the Downtown Business District.
(b) The City Council further finds and declares that owners of privately owned off-street parking lots have adopted the business practice of charging a mail-in parking fee to owners of unauthorized vehicles parking in such facilities. Vehicle owners often mistake the notices charging this fee for the official traffic citation form issued by the city Police Department. The use of such notices has confused vehicle owners into believing that the city has issued them a citation. It is therefore necessary to regulate the content of such notices to disclose the private, nongovernmental nature of such notices.
(c) These parking charge notices do not include the name or telephone number of the businesses for whose benefit the parking lots are operated, and who may make adjustments to improperly issued notices. On some notices, the telephone number listed has been that of a private company that contracts to issue the notices and this telephone has often been unattended during normal business hours.
(d) The parking charge notices have also been issued during hours that the adjacent business is closed, and therefore there is no person on-site who can adjust improperly issued charges.
(e) The unregulated issuance of charges for unauthorized parking is detrimental to the business climate of the city, and may lead to breaches of the peace between property owners and vehicle owners.
(Code 1965, § 4220; Code 2002, § 90-371. Ord. No. 01-3)
10.35.020 Definitions.
Business hours means the period from one hour before a business is open for customers until the business’s closing time for customers. For parking spaces designated for users of automated teller machines, or for employee, tenant, or other non-customer reserved parking, “business hours” shall mean 24 hours a day.
Chief of Police means the Chief of Police of the City of Concord or his designee.
Mail-in parking fee or mail-in parking charge means a charge for parking in an off-street parking lot affixed to a vehicle whose driver is not authorized by signs to park in the off-street parking lot for no fee.
Notice of a parking charge means a written document affixed to a vehicle which notifies the vehicle driver of a mail-in parking fee that is due as a result of an unauthorized parking in an off-street parking lot.
Off-street parking lot means privately owned property that is generally held open to the public, or a discernible portion thereof, for the parking of vehicles at no fee.
Person shall mean any natural person, firm, company, corporation, partnership, or association.
Private parking operator means any person who owns or controls, or person who acts on behalf of or at the behest of a person who owns or controls, an off-street parking lot.
(Code 1965, § 4221; Code 2002, § 90-372. Ord. No. 01-3)
Cross references: Definitions generally, § 1.05.100.
10.35.030 Compliance with article.
It shall be unlawful and an unfair business practice within the meaning of Business and Professions Code § 17200 for any person to charge a mail-in parking fee, or to issue or cause to be issued a notice of parking charge, that is not in compliance with this article. Any notice of parking charge that is not in compliance with this article shall be invalid.
(Code 1965, § 4221; Code 2002, § 90-373. Ord. No. 01-3)
10.35.040 Restrictions on charging mail-in parking fees.
(a) During normal business hours, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization.
(b) Where an off-street parking lot of a closed business is in actual use for valet parking by an off-site business which is open for business and while valet parking is occurring additional signs are posted prohibiting all public parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization.
(c) Where an off-street parking lot of a closed business utilizes a lock-box or other device requiring payment before parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization.
(d) Except as provided in subsections (b) and (c), no mail-in parking fee shall be charged by a private parking operator outside of normal business hours for parking spaces designated for customer parking only during business hours.
(Code 1965, § 4222; Code 2002, § 90-374. Ord. No. 01-3)
10.35.050 Maximum amount of mail-in parking fees.
No mail-in parking fee charged pursuant to this article shall exceed the amount of bail for violation of section 10.30.250(a)(2) of this Code (parking in yellow zones). No late charge or other fee shall be imposed unless expressly authorized by a resolution of the City Council.
(Code 1965, § 4223; Code 2002, § 90-375. Ord. No. 01-3)
10.35.060 Posting of signs specifying parking restrictions and charges.
In addition to meeting the requirements of section 10.35.040, signs shall be posted as required by this section.
(1) No mail-in parking fee shall be charged and no notice of parking charge shall be issued unless there are in place signs substantially in the form required by this article.
(2) Signs shall contain a statement that the parking is restricted. For example:
a. “Parking for XXX Customers Only”
b. “Free Parking for XXX Customers Only”
c. “This Space Reserved for XXX”
d. “Parking for Tenants Only”
e. “Pay at Lock-Box when Store Closed”
f. “Parking Lot Closed--Valet Parking Only”
(3) Signs shall contain a statement with the fee for unauthorized parking. For example:
a. “All Unauthorized Parking Twenty Dollars ($20)”
b. “Immediate Twenty Dollar ($20) Fee for Unauthorized Parking”
(4) Signs shall contain a statement, consistent with this section 10.35.060, with the hours the parking restrictions are in force during which a mail-in parking fee may be charged. For example:
a. “Twenty Dollar ($20) Fee Enforced During All Business Hours”
b. “Reserved Parking Restrictions Enforced Twenty-Four (24) Hours a Day”
c. “Pay at Lock-Box when Store Closed”
(5) Signs must be posted at each entrance and exit to the lot, and must be visible from each restricted parking space. Where different restrictions apply to parking spaces with common entrances and exits, the restrictions applicable to each space shall be clearly delineated.
(6) The Transportation Manager is hereby authorized to establish uniform sign sizes, colors, sizes of lettering, and other information that may be required on all signs in order to be in compliance with this section. If the Transportation Manager establishes such criteria, all signs required by this article shall be brought into compliance within 60 days.
(7) Signs which indicate that a customer may park for no fee shall indicate whether the authorized parking is only for the time the customer is on the premises or whether it is for a limited duration of time. In the absence of such designation, a customer shall not be charged a mail-in parking fee.
(8) Nothing in this article shall be construed as to modify the authority of the city to issue citations.
(Code 1965, § 4224; Code 2002, § 90-376. Ord. No. 01-3)
10.35.070 Form and contents of parking charge notices.
(a) No person shall place on any vehicle a notice of a parking charge which does not contain at the top of the notice in at least 12-point print the words “INVOICE” followed by “PARKING FEE IMPOSED BY XXX,” inserting the name and street address of the business whose customers are designated to use the customer-only parking.
(b) No person shall place on any vehicle a notice of a parking charge which does not contain in at least ten-point print the listed Concord telephone number of the business whose customers are designated to use the customer-only parking.
(c) Where the reserved parking space is for someone other than a customer, the information required by subsections (a) and (b) shall be replaced with the corresponding information of the person who owns or controls the reserved parking space.
(d) Every notice of parking charge shall end with the legend “This parking charge notice is not issued by the City of Concord.” This provision shall be in at [least] 12-point print.
(e) No notice of parking charge shall display any feature that resembles a city parking citation. The notice of parking charge shall be a color distinctive from a city parking citation. The Chief of Police shall approve the color or colors of the notice of parking charge.
(f) Every notice of parking charge shall state that the business identified in subsection (a) may cancel the mail-in parking charge at any time for any reason.
(Code 1965, § 4225; Code 2002, § 90-377. Ord. No. 01-3)
10.35.080 Dispute resolution procedure for contested parking charges.
Every private parking operator issuing notices of parking charges shall establish a written dispute resolution policy for contested parking charges. A copy of the current policy shall be filed with and approved by the Chief of Police. Every such policy shall contain the provision that allows the retailer, business or property owner who has issued the notice of parking charge, or authorized notices to be issued, to cancel the notice and parking charge at any time for any reason. The availability of this cancellation remedy shall be printed on every notice. The notice of parking charge must contain the phone numbers of both the private parking operator and the business or property owner of the private parking lot. If the property owner or business owner does not list its phone number for this purpose then the parking lot will be ineligible to be used by the private parking operator to issue private parking charges.
(Code 1965, § 4226; Code 2002, § 90-378. Ord. No. 01-3)
10.35.090 Registration.
(a) Every private parking operator who issues notices of parking charges shall register with the Chief of Police before doing business in the city. In addition to the information required by this section, the Chief of Police may require such other information as may enable the Chief to determine compliance with this article.
(b) The registration shall include the name, address, and telephone number of the private parking operator, the names, home and business addresses and telephone numbers of each person owning ten percent or more of the business, and the Concord business license number of the business.
(c) The registration shall also include a list of all off-street parking lots where mail-in parking fees are charged, which shall be updated within one month of any change, along with the name, address, and telephone number of each contact person or person authorized to resolve disputes for each off-street parking lot. If the business owner or property owner revokes permission of the private parking operator to issue parking charges at its private parking lot, the private parking operator shall notify the Police Department within seven days of revocation of the permission.
(d) The registration shall include a list of all employees currently employed by the private parking operator at the time of registration. The private parking operator shall update any changes in the employee list within 30 days.
(e) The registration shall include a dispute resolution process policy as required by section 10.35.080.
(f) The registration shall include a description of the procedures the private parking operator shall utilize when issuing a notice of parking charge. The procedure shall describe the methods of operation that the private parking operator uses to issue private parking charges. Before any private parking operator can issue a notice of parking charge within the city, the procedure for issuing these charges shall be approved by the Chief of Police.
(g) The private enforcement operator shall provide every business that hires or retains their services with a brochure or its equivalent that lists additional public parking places within the city.
(Code 1965, § 4227; Code 2002, § 90-379. Ord. No. 01-3)
10.35.100 Prohibited business practices.
(a) No private parking operator shall utilize the Denver Boot or other similar device that is attached to the vehicle and which immobilizes the vehicle.
(b) No person shall report, or threaten to report, an unpaid notice of a parking charge to a credit bureau or a collection agency unless a small claims court or other judicial proceeding has established the debt. No person shall take any action or threaten to take any action to collect or contact with another person who takes or threatens to take any action to collect an unpaid notice of parking charge other than to seek establishment of the debt in a small claims court or other judicial proceeding.
(c) No private parking operator shall pay any employee or independent contractor a salary or fee that is in any way based on the number of notices of private parking charges being issued.
(Code 1965, § 4228; Code 2002, § 90-380. Ord. No. 01-3)
10.35.110 Areas of applicability.
(a) This article shall only apply within the Downtown Business District of the city as that portion of the city is designated on the Downtown Business District Land Use Map, exhibit A, map A, of Chapter 18.45 CDC.
(b) The City Council may by resolution designate other areas of the city where the provisions of this article shall be applicable.
(Code 1965, § 4229; Code 2002, § 90-381. Ord. No. 01-3)
10.35.120 Violations; penalty.
A violation of this article constitutes a misdemeanor punishable by section 1.05.230 of this Code.
(Code 1965, § 4229; Code 2002, § 90-382. Ord. No. 01-3)