City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (1) adding a civil penalty
for the misuse of a disabled placard parking citation under California Vehicle Code
Section 22511.56 to the City’s Civil Penalty Bail Schedule for Parking Violations; and
(2) rescinding Resolution 2010-R083.
BACKGROUND:
The California Vehicle Code authorizes local legislative bodies to establish civil
penalties for parking violations within the City’s jurisdiction. The parking penalties
were last increased in December 2010 to cover the State’s increase of surcharge on
parking violations. A civil penalty for California Vehicle Code (CVC) Section
22511.56, Misuse of a Disabled Placard, was not included at that time.
Currently, when non-sworn enforcement officers observe a placard being used
illegally, they must call a police officer to confiscate it and issue a misdemeanor
citation. Often, if a police officer is not available, the placard is confiscated and no
citation is issued. Violations include using an expired, lost or stolen placard, one
belonging to someone who is deceased, or using a placard without the required
placard identification. Those criminal penalties include fines of $1,000 or a
maximum jail sentence of six months. Under CVC 22511.56, a non-sworn
enforcement officer may issue a parking citation with a civil fine. By adding CVC
22511.56 to the City’s civil bail schedule, non-sworn parking enforcement officers
may issue a parking citation with a civil penalty to violators for misuse of a disabled
placard without calling a sworn police officer.
Meeting Date: 09/24/2012 Item Number: A-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Adding a Civil Penalty
for the Misuse of Disabled Placard Parking Citation under California Vehicle Code
Section 22511.56 to the City’s Civil Penalty Bail Schedule for Parking Violations;
and Rescinding Resolution 2010-R083.
Contact Person/Dept.: Dianne Gifford/PD Phone Number: 310-253-6252
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Meetings and Agendas – City Council (09/20/12); Advertisement in
the Culver City News and Observer (09/20/12)
Department Approval:
Don Pedersen, Chief of Police (09/12/12)
City Attorney Approval:
Carol Schwab (by L. Vidra) (09/19/12)
Chief Financial Officer Approval:
Jeff Muir by M. Noller) (09/19/12)
City Manager Approval:
John M. Nachbar (09/19/12) City of Culver City, California
Agenda Item Report
CVC Section 40203.5 recommends, “To the extent possible, issuing agencies within
the same county shall standardize parking penalties.” This language stops short of
requiring such standardization, allowing agencies to establish fine amounts to
address local circumstances. Staff recommends adjusting fines to match the
violation in neighboring jurisdictions for the purpose of regional standardization.
The following table compares the proposed civil penalty of the violation with the
surrounding areas;
Proposed
CC Fine
Beverly
Hills
West
Hollywood L.A.
CVC
22511.56
Misuse of Disabled
Placard $515 $500 $515 $353
No other changes to the Civil Penalty Bail Schedule are proposed at this time.
FISCAL ANALYSIS:
Payment of the associated state fees are established as a contra-revenue, so no
additional budget allocation is required. A late charge of $515 is applied 21 days (or
more) after the issuance of the citation. The fee for a delinquent account for special
collections processing is a DMV fee of $3.00 and a flat fee of $25 for the violation.
As this violation has not been previously enforced through the use of civil penalties,
there is no data to determine what additional income will be generated to the
General Fund.
ATTACHMENTS:
Proposed Resolution No. 2012-R ___.
MOTION:
That the City Council:
Adopt a Resolution adding a civil penalty for the misuse of a disabled placard
parking citation under California Vehicle Code section 22511.56 to the City’s
Civil Penalty Bail Schedule for Parking Violations, and rescinding Resolution
2010-R083.
MEETING DATE: September 24, 2012
AGENDA ITEM : Adoption of a Resolution Adding a Civil Penalty for the
Misuse of Disabled Placard Parking Citation under California Vehicle Code
Section 22511.56 to the City’s Civil Penalty Bail Schedule for Parking
Violations; and Rescinding Resolution 2010-R083.
ATTACHMENTS
Pages
1. Proposed Resolution
1-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, ADOPTING A BAIL
SCHEDULE FOR PARKING VIOLATIONS UNDER THE
CULVER CITY MUNICIPAL CODE AND THE CALIFORNIA
VEHICLE CODE AND RESCINDING RESOLUTION NO.
2010-R083.
1 RESOLUTION NO. 2012-R
2
3
4
5
6
WHEREAS, California Vehicle Code § 40203.5 (see also, Tyler v. County
7
of Alameda (1995) 34 Cal.App.4 th 777) authorizes a local legislative body to establish
8
civil penalties and surcharges for parking violations within a City's jurisdiction; and
9
WHEREAS, the City's Civil Penalty Bail Schedule was previously updated
10
on December 13, 2010 when City Council adopted Resolution 2010-R083; and
11
WHEREAS, a civil penalty for California Vehicle Code (CVC) section
12
22511.56, Misuse of a Disabled Placard, was not included in the Civil Penalty Bail
13
Schedule attached to Resolution 2010-R083; and
14
WHEREAS, the City Council desires to amend the City's Civil Penalty Bail
15
Schedule to provide for a Civil Penalty for misuse of a disabled placard so that
16
violations of CVC section 22511.56 violation may be more readily enforced by the City's
17
non-sworn parking enforcement officers.
18
NOW, THEREFORE, the City Council of the City of Culver City, California,
19
DOES HEREBY RESOLVE as follows:
20
21
1. The Civil Penalty Bail Schedule attached hereto as Exhibit A is
22 hereby adopted; and
23
2. Bail forfeiture is hereby established for violations of the City's
24 parking regulations set forth in Exhibit A;
3. Resolution No. 2010-R083 is hereby rescinded.
9S
26
27
///
///
III
28 ROL A. SCHWAB, City Attorney
1
This resolution shall become effective as of the date of execution.
2
3
APPROVED and ADOPTED this day of , 2012.
ANDREW WEISSMAN , MAYOR
City of Culver City, California
4
5
6
7
8
9 ATTEST:
10
11
12 MARTIN R. COLE, City Clerk
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
-2- EXHIBIT "A"
TO RESOLUTION 2012-R
1
2
CIVIL PENALTY BAIL SCHEDULE
Description
Removal of Marks
Yellow/green/white curb
Red Curb
Blue Curb [disabled persons parking]
Parking Outside of Marked Spaces
Parking Over a Specified Time
Private Property or Parkway
No Parking Anytime
Street Sweeping
Parking in Excess of 72 Consecutive Hours
Advertising/Washing/Repairing
Illegal City Property Parking
Alley Parking
Unpaved Surface
Permit Parking
Bus Stop or Taxi Cab Stand
Meter Violation
Parking of Large and Non-motorized Vehicles
Parking of Commercial Vehicles
Parking Within 45 Feet of Intersection
3
4
5
CCMC Section
6 7.01.220
7 7.01.240
8 7.01.240(A)
9 7.01.240(E)
10 7.03.025
11 7.03.040
12 7.03.205
13 7.03.215
14 7.03.215(E)
15 7.03.220(A)
16 7.03.225
17 7.03.235
18 7.03.240
19 7.03.245
20 7.03.305
21 7.03.420
22 7.03.525
23 7.03.610 (A)
24 7.03.610 (C)
25
7.03.610 (D)
Amount
$60.00
$50.00
$80.00
$365.00
$60.00
$60.00
$60.00
$60.00
$60.00
$75.00
$60.00
$60.00
$65.00
$60.00
$60.00
$60.00
$55.00
$60.00
$60.00
$60.00
26
27 ///
28
-3- Fire Code Violations
Obstruction or Impairment of Fire
Hydrants, Standpipes, PIV, Etc.
Obstruction of Interior Fire Exit
Obstructing Emergency Exit, exterior
Blocking Access to Exterior Doors
Obstruction of Access Road
Vehicle Code Sections
Invalid Registration
One Plate Only
Plate Position
No License Plates
License Plate Tabs
Parked within Intersection
Parked within Crosswalk
Parked within 15' of Fire Station
In/Blocking Driveway
On or Across Sidewalk
Double Parking
Parking on a Bridge
Parking /Blocking Wheelchair Access
Parking in Fire Lane
Curb Parking/18"
Wrong Way Parking
Parking in Spaces for Disabled
Misuse of a Disabled Placard
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
508.5.4
1028.3
1028.3
504.1
503.4
California
4000A
5200
5201
5202
5204
22500(a)
22500(b)
22500(d)
22500(e)
22500(f)
22500(h)
22500(k)
22500(l)
22500.1
22502(a)
22502(b)
22507.8
22511.56
$120.00
$120.00
$120.00
$120.00
$120.00
$35.00
$35.00
$35.00
$35.00
$35.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$365.00
$80.00
$60.00
$60.00
$365.00
$515.00
28
-4- 1 22514
2 22515
3 22522
4 21113(a)
5 22526(a)
6 27155
Parked within 15' of Fire Hydrant
Vehicle Running without Driver
Adjacent to Ramp/Less than 3'
Parked on Public Grounds
Anti-Gridlock
Fuel Cap Required
$65,00
$60.00
$350.00
$60.00
$60.00
$50.00
7
8
9
10
11
12
13
14
15
16
17
18
19
Default Penalty
Any other parking violation not listed
$55.00
Delinquent Penalties
If not paid within 21 days of issuance, 100% penalty shall apply. California Vehicle
Code § 40203.5(a) & (b).
Collection Surcharge
A $25.00 surcharge will be added to any unpaid fine that is sent to a collection
agency for collection.
DMV Administrative Fee
A $3.00 administrative fee charged by the California Department of Motor Vehicles to
place a vehicle registration on hold for non-payment of a violation will be the
responsibility of the violator and will increase the violator's fine accordingly.
20
21
22
23
24
26
27
28
-5-