Resolution No. 6320
-
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
28
6"~ ~ oJ
RESOLUTION NO. 6320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A CITY OF VERNON PROCEDURE FOR
HEARINGS ON PARKING AND STANDING CITATIONS
WHEREAS, S 40200 of the Vehicle Code of the State of
California provides that parking and standing violations shall be
subject to civil penalties and not criminal penalties; and
WHEREAS, such violations initially will be handled by
administrative procedure, and not by court hearing, and an appeal
therefrom, pursuant to S 40215 of the Vehicle Code of the State of
California, will be referred to a hearing examiner for
administrative review; and
WHEREAS, said S40215 authorizes the City of Vernon to
establish written procedures for such hearings on parking and
standing citations; and
WHEREAS, Louis Rosenkrantz, Chief of Police, has
submitted such written procedures to the City council with a
recommendation that they be adopted; and
WHEREAS, the Chief of Police, in conjunction with other
nearby cities, has assembled additional informal guidelines for
the conduct of such hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
adopts the City of Vernon Procedure for Hearings on Parking and
,..,.
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
28
:"
...e_ 1 -J t
standing Citations, a copy of which has been presented to the City
Council concurrently with this resolution, and the City council
hereby orders said Procedures to be received and filed by the City
Clerk.
shall govern the hearings on parking and standing citations
SECTION 3: The City Council directs that said Procedures
conducted by the authorized hearing examiner.
the Chief of Police of informal guidelines for the convenience and
SECTION 4: The City Council approves the development by
use of the hearing examiner in the conduct of such hearings.
certify to the passage of this resolution and thereupon and
SECTION 5: The city Clerk of the City of Vernon shall
thereafter the same shall be in full force and effect.
ATA:
BRUCE V.
APPROVED AND ADOPTED this 21st day of September, 1993.
..
/~
MALKENHORST, City Clerk
-2-
,.
.. \
~: t
1
STATE OF CALIFORNIA
2
ss
COUNTY OF LOS ANGELES
3
4
I, BRUCE V. MALKENHORST, City Clerk of the City of
5
6
Vernon, do hereby certify that the foregoing Resolution, being
7
Resolution No. 6320, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, September 21, 1993, and thereafter was duly signed by
8
9
the Mayor of the City of Vernon.
4- ~
BRUCE V. MALKENHORST, City Clerk
10
11
12
( SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
$eett'-e4emo ~"September 21, 1993
~eQl- Procedures for Hearings on Parking and Standing Citations
Pursuant to cc of fax to Police Department from J. David
Fitzsimons on 9/20/93, Exhibit C to the above-referenced document
will be provided by the Police Department. Please insert Exhibit
C as indicated by tab. Telephone call to the Police Department
confirmed that the required eXhi,bit had been gi)fn to the City Clerk's
office. V
~o~/
~~~ ~ 113 DAVID B. BREARLEY
~ a.I"" CITY ATTORNEY
'0 ' 2440 s. HACIENDA BLVD.. 1223
HACIENDA HEIGHTS. CA 91746
(818) 336-3408
TO
~~S GLORIA OROSCO
CHIEF DEPUTY CITY CLERK
4305 SANTA FE AVENUE
VERNON CA 90058-0805
L
CITY
OF
VERNON
Procedures for Hearings
on
Parking and Standing Citations
TABLE OF CONTENTS
Paqe
1.0
WRITTEN PROCEDURE FOR HEARINGS .
1
2.0
HEARINGS . . . . . . . . . . .
2.1 Scheduling of Hearings. . . . . . .
2.2 Hearing by Personal Appearance or by written
Declaration . . . . . . . . . .. ....
2.3 Deposit of Parking Penalty. . . . . . . .
1
1
1
2
3.0
HEARING PROCESS
........
2
3
3
3.1 Pre-Hearing Procedures. . . . . . . . . .
3.2 Commencement of the Hearing . . . . . . . . .
3.2.1 Summary of Hearing Examiner's Major
Tasks . . . . . . . . . . . . . . . ..
3.3 Review the Prima Facie Case . . . .
3.3.6 Illegibility..........
3.4 Procedure for Testimony and Evidence
3.5 The Decision. . . . . . . . . . .
3.6 closing the Hearing . . . .
3
5
6
6
7
7
4.0
CONTINUANCES . . . . . . . . .. ......
4.1 Pre-Hearing continuances. . . . . . . . .
4.2 continuances for Further Proof after Hearing
Commences . . . . . . . . . . . .. ....
Other continuances . . . . . . . . .
Procedure for Recording continuances . . . . .
Instructions to Respondent . . . .
continued Hearing . . . . . .
8
8
4.3
4.4
4.5
4.6
8
8
8
9
9
5.0 ADMINISTRATIVE APPEAL
.......
9
6.0 PARKING PENALTIES . . . .
6. 1 Schedule.. . . . .
6.2 Mitigating Circumstances.
6.3 Change of violation
.......
10
10
10
10
.. . . . . .
10
10
11
7.0 SEIZING OR BOOTING A VEHICLE
7.1 Time Periods. . . . . . .
7.2 Hearings on Seized Vehicles
.. .. .. .. .. .
8.0 RENTAL/LEASED VEHICLES
........
11
9.0 APPEALS
........
12
EXHIBIT A
EXHIBIT B
EXHIBIT C
Extract from Ordinance No. 1014 of the City of Vernon
Resolution No. 6302
Forms
-i-
CITY OF VERNON
PROCEDURE FOR HEARINGS
ON PARKING AND STANDING CITATIONS
1.0 WRITTEN PROCEDURE FOR HEARINGS
section 40215 of the Vehicle of the State of California (CVC)
establishes the right to an administrative hearing on a
citation for a parking or standing violation and subsection
(b) (4) thereof authorizes this written procedure. The
violations are determined either in accordance with the CVC
or the Vernon City Code. The Hearing Examiner must have a
current copy of the CVC and be familiar with the parking and
standing rules. Copies of the Vernon City Code Sections are
attached hereto as Exhibit A for information. A copy of the
Vernon City Council Resolution which sets the amount of
parking penalties is attached hereto as Exhibit B for
information. Copies of the forms to be used in administering
this procedure are attached hereto as Exhibit C. Exhibits A,
Band C will be upgraded with each change thereto.
2.0 HEARINGS
2.1 Schedulinq of Hearings
The City of Vernon parking citation procedure provides for
hearings on a scheduled basis. A hearing will only be
scheduled if a review was first requested and conducted
pursuant to CVC 40200.7. A hearing is scheduled only when
specifically requested in writing with a written explanation
of the reason for contesting the citation (CVC 40200.7) and
deposit of the parking penalty. A respondent must request a
hearing within the statutory time limits. Once the request
for a hearing has been received, the affected citation is
placed in a temporary suspend (hold) status, which not only
prevents the accrual of late payment penalties, but also
excludes the contested citation from a California Department
of Motor Vehicles (DMV) registration hold or vehicle seizure
eligibility.
2.2 Hearinq by Personal Appearance or by written Declaration
A respondent may appear in person at the hearing or, in lieu
thereof, a citation appeal may also be made by written
declaration. Hearing by written Declaration forms may be
requested by telephone or mail from the Office of Parking
Violations or the Vernon Police Department, or may be picked
up in person from the latter. The Hearing Examiner will
1
review the written declaration and render a decision based on
the information submitted. If the respondent is found "not
liable", the fine deposited for the citation will be
refunded.
2.3 Deposit of Parkinq Penalty
Vehicle Code section 40200.7 requires that a request for
administrative hearing be preceded by deposit of the full
amount of the parking penalty. An indigent respondent may
request a waiver of this required payment by filing a
"Request for Waiver of Parking Fine" and submitting a written
declaration of financial condition.
If the request for waiver is denied, the respondent will be
notified, and the case will not be set for a hearing until
the parking penalty has been deposited.
If the waiver is granted, the case will be set for hearing
and the respondent notified. If the respondent is found not
liable, no payment will be necessary. If, however, the
respondent is found liable, payment arrangements must be made
with the Office of Parking Violations within five (5) days
from the date of the hearing or from notification of the
decision.
3.0 HEARING PROCESS
The hearing process is generally informal. Nevertheless,
there are certain rules which must be followed to insure that
a proper record of the hearing is made and maintained and to
avoid any problems or irregularities.
The hearing process is akin to a small claims proceeding;
consequently, except as permitted by this section, no
attorney may take part in the conduct of a hearing:
(a) This rule does not apply if the attorney is appearing
to maintain or defend a citation (1) issued to
himself or herself, (2) issued to a partnership in
which he or she is a general partner and in which all
the partners are attorneys, or (3) issued to a
professional corporation of which he or she is an
officer or director.
(b) Nothing in this section shall prevent an attorney
from (1) providing advice to a respondent, either
before or after the hearing, (2) testifying to facts
of which he or she has personal knowledge and about
which he or she is competent to testify, or (3)
representing a respondent in a court appeal.
2
3.1 Pre-Hearing Procedures
3.1.1 A hearing clerk appointed by the City of Vernon will
prepare a file for each case to be heard. The file
must contain a copy of the citation(s) being
contested and sent with the scheduled hearing docket,
a hearing disposition form, and documentation for a
completed administrative review.
3.1.2 The hearing clerk will prepare the hearing room and
ascertain that all necessary furniture and equipment,
including a tape recorder, are ready for the Hearing
Examiner and the respondent.
'3.1.3 Upon the respondent's arrival, the hearing clerk will
verify the respondent's name and the citation number
with information provided on the scheduled hearing
log and note the time of arrival.
3.1.4 The hearing clerk will direct the respondent and
witnesses to a waiting area.
3.1.5 On request of the Hearing Examiner, the hearing clerk
will escort the respondent and witnesses into the
hearing area and give the case file to the Hearing
Examiner.
3.2 Commencement of the Hearinq
3.2.1
Summary of Hearinq Examiner's Maior Tasks
(a) Make the pre-hearing statement.
(b) Read the citation into the record.
(c) Administer the oath.
(d) Record respondent's name and address.
(e) Record the registered owner's name and address
and the respondent's relationship to the
registered owner if applicable.
(f) Hear and examine the respondent, any witnesses
and all the evidence.
(g) Render and announce a decision including the
rationale.
(h) Record the disposition on the hearing
disposition form.
3
3.2.2
3.2.3
3.2.4
3.2.5
The Hearing Examiner will present an opening
statement, including:
(a) A short explanation of the hearing process.
(b) Notification that the hearing is being tape
recorded.
(c) Informing the respondent that the options for
contesting a citation are to admit liability
with an explanation or to deny liability.
(d) Notifying the respondent that a written notice
of the decision in the hearing will be mailed to
the respondent's home address.
The tape recorder will be started and the Hearing
Examiner will:
(a) Note the beginning tape setting on the hearing
form.
(b) state the date, time and location of the
hearing.
(c) Instruct the respondent to give his or her name
and address for the record.
(d) Ask the respondent if he or she is the
registered owner of the vehicle involved.
(e) If not, ask the respondent to state his or her
relationship to the registered owner or interest
in the proceeding.
(f) If witnesses are present, the Hearing Examiner
will ask each to give a name and address for the
record.
(g) The Hearing Examiner will swear in the
respondent and witnesses by instructing each to
put up the right hand and repeat the following
oath. If someone objects to taking an oath, a
formal declaration of intention to testify
truthfully will suffice.
"Do you swear or affirm that the testimony you
give will be the truth? If yes, please say I
do."
All witnesses will be excused and informed that they
will be recalled when it is their turn to testify.
The Hearing Examiner will read into the record the
citation information, including number, license plate
4
3.2.6
number, state of registration, date, time, location
and type of violation.
The Hearing Examiner will request that the respondent
"admit liability with explanation" or "deny
liability" for the record.
3.3 Review the Prima Facie Case
3.3.1
3.3.2
3.3.3
3.3.4
The citation constitutes the prima facie case of the
violation. The citing officer shall not be required
to attend the hearing. The Hearing Examiner will
examine the citation to determine if all statutorily
required and pertinent information has been entered
by the issuing officer.
The following items should be indicated on a citation
in the special boxes provided:
(a) The Vehicle Code or Municipal Code section
violated.
(b) The date of the violation.
(c) The approximate time of the violation.
(d) The location where the violation occurred.
(e) The license plate number of the vehicle that
committed the violation (if no license plate,
this is not cause for dismissal).
(f) The expiration date of the vehicle registration
tabs.
(g) The last four digits of the vehicle
identification number (only if visible to the
issuing officer).
(h) The color of the vehicle.
(i) The make of the vehicle.
citations lacking the information in section 3.3.2
(a), (b), (d) and (e) may be dismissed outright by
the Hearing Examiner because the city has failed to
adequately establish its prima facie case.
When a citation which has the tab expiration date
and/or vehicle identification number filled in and a
claim is raised by a respondent that the citation was
not issued to the respondent's vehicle, the
conflicting tab expiration date and/or vehicle
5
3.3.5
3.3.6
3.3.7
identification number indicated on the citation and
on the respondent's vehicle registration may have
some probative value as to whether the vehicle cited
was actually the respondent's vehicle. This does not
affect the prima facie case, however, only a
particular defense.
A claim that some of the information on a citation is
factually incorrect is not a challenge to the prima
facie case, but to the correct identity of the
vehicle that was cited. If the respondent
successfully proves that his or her vehicle was not
identified on the citation, this may transfer
responsibility to another vehicle.
Illeqibilitv
Where the handwriting on a citation is so illegible
as to be indecipherable, it should be summarily
dismissed. This rule does not apply to messy,
smeared or otherwise unreadable carbons, as this
would encourage tampering with or defacing the
windshield copy of the citation. Such claims must be
verified with a photocopy of the original citation
and in almost all cases will have already been
considered in the administrative review.
However, the respondent must be given a legible copy
and an opportunity to respond.
If the Hearing Examiner determines that an original
citation is unreadable or illegible, it should be
dismissed.
If no required information is missing, the steps
outlined in Section 3.4 will be followed.
3.4 Procedure for Testimony and Evidence
3.4.1
3.4.2
3.4.3
3.4.4
The respondent shall be allowed to submit a
mitigating explanation or the reasons for denial.
If the testimony does not clearly set forth the
mitigating circumstance or the reason for denial, the
Hearing Examiner may ask the respondent questions
relating to the testimony.
The respondent may have witnesses called in, one by
one, to present their testimony for the record.
Each document and other supporting evidence shall be
assigned an exhibit number and described or read
aloud for the record. All documents and other
supporting evidence shall be placed in the case file.
6
3.4.5
On request, the Hearing Examiner may have a photocopy
made and return the original to the respondent.
The respondent will be allowed to present additional
testimony or argument prior to closing the hearing.
3.5 The Decision
3.5.1
3.5.2
3.5.3
3.5.4
The Hearing Examiner may make a decision on liability
based on the testimony and evidence or may take the
matter under submission in order to review the
testimony and evidence presented.
The Hearing Examiner shall enter the disposition on
the hearing record and the total amount of fine to be
forfeited including a brief written statement
including the rationale for the decision on the
hearing record.
If a decision is entered, the Hearing Examiner shall
make a brief statement to the respondent regarding
the rationale for the decision.
The respondent shall be informed of the right to
appeal the decision in municipal court and the time
limit of twenty (20) days for filing an appeal (eVC
40230) .
3.6 Closinq the Hearinq
3.6.1
3.6.2
3.6.3
3.6.4
The tape recorder and the ending tape setting shall
be noted on the hearing disposition form.
If a decision has been entered, the Hearing Examiner
will present the respondent with copy of the hearing
record.
If the matter has been taken under submission, the
Hearing Examiner will enter a written decision within
seven calendar days and file a copy thereof with the
hearing clerk for transmittal to the respondent.
In the event that a continuance has been granted, the
Hearing Examiner must complete and file the
continuance form in the continuance folder. When the
continued hearing is completed, the Hearing Examiner
shall make the relevant entries in the continuance
log. When a person to whom a continuance has been
granted fails to re-appear at the appointed time, the
Hearing Examiner must render a decision on the
hearing record. The Hearing Examiner must also
7
complete the continuance no-show form to be mailed to
the respondent.
4.0 CONTINUANCES
4.1 Pre-Hearinq Continuances
Under appropriate circumstances, a continuance may be granted
to a respondent on request for the first time. The Hearing
Examiner should not engage in a "pre-hearing" to decide this,
but should ask the respondent if time is being requested
merely to pay the parking penalty. If there is doubt, grant
the continuance. Relevant considerations are:
(a) An emergency such as hospitalization;
(b) The respondent cannot produce evidence or otherwise
adequately state a case at the time of the hearing;
(c) A continuance will result in the production of
significant relevant evidence; or
(d) The sincerity and credibility of the respondent.
4.2 continuances for Further Proof after Hearinq Commences
If the respondent convinces the Hearing Examiner that (a)
evidence exists which would be non-cumulative and exculpatory
and; (b) that the respondent was genuinely taken by surprise,
a continuance may be granted. For example, if a respondent
genuinely misunderstood the nature of the hearing, or was not
aware of the existence or availability of the evidence until
the hearing, that should be given consideration.
4.3 Other continuances
If the respondent, a witness, the hearing clerk, or the
Hearing Examiner becomes ill prior to or during a hearing or
if another emergency delays the hearing, a continuance may be
granted.
4.4 Procedure for Recordinq Continuances
continuances of hearings should be granted for no more than
10 calendar days unless the respondent will be out of town,
hospitalized or otherwise unable to appear. In this case, a
longer period of time may be granted. The matter should be
logged and the continuance notation written on the hearing
disposition form. Both appearance date and continuance date
8
should be written in full. When granting a continuance, the
Hearing Examiner must complete the continuance form and give
one copy to the respondent. If the hearing has been opened,
the information required must also be recorded on the tape of
the hearing.
4.5 Instructions to Respondent
A respondent should be warned that failure to appear on the
continued date will result in an adverse decision and the
forfeiture of the deposit. A respondent should also be
instructed to bring to the next hearing any late notices
received during the continuance.
4.6 continued Hearinq
When a hearing is re-opened, the proceedings must be recorded
on tape, whether the respondent has returned or not. The
information must also be added to the Hearing Examiner
disposition form.
If the respondent does not return as scheduled, copies of the
completed disposition form will be mailed to the respondent's
address along with a continuance default form. A copy of
this form should be retained with the record of the hearing.
Whenever a continuance is closed out, the Hearing Examiner
must make appropriate entries in the continuance log.
5.0 ADMINISTRATIVE APPEAL
No appeal from a parking citation is permitted after the
appeal period set forth in eve 40215 (a) (2). However, a
hearing may be granted and a decision entered for reasons of
due process which do not extend to the validity of the
underlying citation. One purpose of such an appeal may be to
avoid potential litigation. An administrative appeal may be
granted for any reason, but shall be granted for the
following reasons:
(a) A claim that timely payment was made, but not timely
credited resulting in imposition of late penalties or
a filing with the DMV.
(b) Mitigating circumstances as set forth in section 6.2
prevented the respondent from filing a timely appeal.
The Hearing Examiner may provide whatever relief is warranted
including correction of the record, suspension of a late
penalty, or suspension of the original penalty.
9
6.0 PARKING PENALTIES
6.1 Schedule
The schedule of penalties adopted by the City Council of the
city of Vernon is attached hereto as Exhibit B. The amounts
of the parking penalties cannot be changed by the Hearing
Examiner, since they have been set by the City Council.
However, the parking penalty may be suspended because of
mitigating circumstances or a different violation may be
substituted resulting in a lesser penalty.
6.2 Mitiqatinq Circumstances
In case of valid mitigating circumstances supported by
written proof, the parking penalty may be suspended. Valid
mitigating circumstances may include one or more of the
following or other circumstances:
(a) Medical emergency (written proof of ambulance service
and/or hospital emergency room admission should be
provided) .
(b) Disabled vehicle (written proof of towing service
and/or vehicular repairs should be provided) .
(c) Natural calamity (earthquake, flooding, etc.).
(d) Blocked street, traffic jam, gridlock (police report
should be provided if possible) .
(e) Riot or other threat of danger (police report should
be provided) .
6.3 Chanqe of violation
If the Hearing Examiner discovers that a parking or standing
violation has occurred, but that the respondent was cited for
the wrong code section, the correct code section may be
substituted and the correct penalty imposed. No such change
shall be made which results in the imposition of a higher
penalty.
7.0 SEIZING OR BOOTING A VEHICLE
7.1 Time Periods
Vehicle Code sections 22651(i) and 22651.7 allow the city to
seize or immobilize (boot) any vehicle that has been issued
10
five or more parking citations over a period of five or more
days which have not been resolved by the responsible party.
Partially paid citations are also included in determining
whether a vehicle is eligible for seizure. citations issued
to vehicles with an out-of-state registration count toward
eligibility for seizure 30 days after the issue date.
Citations issued to vehicles with a California registration
count toward eligibility 50 days after issuance.
7.2 Hearinqs on Seized Vehicles
Two options are available to a respondent whose vehicle has
been seized and who wants to contest the validity of parking
citations:
(a) A respondent may decide to redeem the vehicle and
schedule a hearing in the future for those citations
to be contested. The vehicle will be released after
the parking penalty has been deposited and after
towing and storage fees are paid. The respondent
will be given the opportunity to challenge the
validity of citations at the scheduled hearing. The
respondent will be entitled to a refund of the fine
paid for any citation that is dismissed as a result
of the hearing. However, since the towing and
storage fees are not subject for review in a hearing,
the fees will not be refunded even if the citations
are dismissed.
(b) The Respondent also has the option of contesting the
citations without depositing the parking penalties
before obtaining a release of the vehicle. It is the
policy of the City to expedite the scheduled hearing
date for anyone whose vehicle has been seized. If
possible, the responsible party will be scheduled for
a hearing the next day.
8.0 RENTAL/LEASED VEHICLES
CVC sections 40200 and 40209 provide that an individual who
leases or rents rather than owns a vehicle is jointly liable
with the owner for citations issued to that vehicle. The
following is a brief summary of the special procedures for
rented or leased vehicles.
8.1 When the parking penalty for a citation has not been paid,
the Office of Parking Violations will mail a notice of
delinquent parking violation to the registered owner of the
vehicle as identified by the Department of Motor Vehicles.
The lease or rental company that owns the vehicle has thirty
(30) days (as mandated by the California Vehicle Code) to
11
supply to the processing agency the name, address and
driver's license number of the person that leased or rented
the vehicle. If this information is supplied within the
thirty (30) day time limit, liability is transferred to the
lessee or renter and a notice of delinquent parking violation
is mailed. If the thirty (30) day time limit is not met,
there is no statutory requirement to transfer liability.
Therefore, responsibility remains with the lease or rental
company.
8.2 When the respondent claims that he or she was identified by a
lease or rental company in error and was not, in fact,
operating the vehicle when it was cited, the respondent
should be directed to contact the lease or rental company to
resolve the dispute. The Hearing Examiner should continue
the case and not make a judgment on liability in this case.
The respondent must provide evidence of the error at the
continued hearing. A notation of what transpired is made on
the disposition form and filed.
8.3 The actual hearing process will operate in the same manner as
for vehicles that have not been leased or rented, except as
noted above when the respondent denies leasing or renting the
vehicle at the time it was cited. A person leasing a
vehicle, like a registered owner, is responsible for the
vehicle and all citations issued to it, no matter who was
actually driving.
9.0 APPEALS
The decision of the Hearing Examiner is final for the
administrative adjudication process. The respondent does,
however, have the right to jUdicial review. To exercise this
right, an appeal must be filed in the Huntington Park
Municipal Court within twenty (20) days from the date of
mailing the Hearing Examiner's decision. The court charges a
$25 filing fee to process an appeal. If the court rules in
favor of the contestant, the City must refund the $25 filing
fee as well as any parking fines that the court may dismiss.
The importance of recording every hearing is to preserve
exactly what happened in case of appeal. If an appeal is
filed, a transcript will be made of the tape.
The Hearing Examiner shall not try to dissuade a respondent
from exercising the right to appeal.
12
EXHIBIT
A
Exhibit A
EXTRACT FROM ORDINANCE NO. 1014
OF THE CITY OF VERNON
SECTION 3: Chapter 16 and sections 16.14 through 16.18 of the
Code of the City of Vernon, California, 1959, are hereby amended as
follows:
(a) Article II is hereby established in Chapter 16
entitled "Motor Vehicles and Traffic: Parking Regulations".
(b) The following existing code sections are hereby
renumbered and added to Article II:
Existing section 16.14 shall become section 16.20.
Existing section 16.15 shall become section 16.22.
Existing section 16.16 shall become section 16.23.
Existing section 16.17 shall become section 16.24.
Existing section 16.18 shall become section 16.25.
(c) Section 16.14-1 is hereby renumbered to section
16.21 under Article II and is amended to read as follows:
Sec. 16.21. Prohibiting the parking or standing of any semi-
trailer upon or along any public street in the
City of Vernon; exception.
(a) It shall be unlawful for any person to park or
leave standing any semi-trailer upon or along any public street in
the City of Vernon, unless the same is at such time being used in
conjunction with a motor vehicle and so constructed that some part
of its weight and that of its load rests upon or is carried by
another vehicle equipped with inflated pneumatic tires.
(b) A semi-trailer is defined as a vehicle designed
-1-
EXHIBIT A
for carrying persons or property and having one or more axles, and
one or more wheels, used in conjunction with a motor vehicle, and
so constructed that some part of its weight, and that of its load,
rests upon, or is carried by, another vehicle.
(c) A peace officer or any regularly employed and
salaried employee who is engaged in directing traffic or enforcing
parking laws and regulations shall remove said semi-trailers from
the public streets if said semi-trailers violate this section
16.21.
(d) The chief of police and director of community
services are hereby instructed to cooperate in the securing and
placing of signs to comply with ~ 22651(n) of the Vehicle Code of
the state of California.
(e) Section 17.15 of the Vernon City Code is
renumbered to Section 16.26 under Article II and is amended to read
as follows:
Sec. 16.26. Angled Parking on 30th Street.
The City Council does hereby establish angle
parking along the north side of 30th Street easterly of
Santa Fe Avenue between Santa Fe Avenue to the Public
Alley as more specifically indicated on the map attached
to Ordinance No. 888, which map is incorporated herein by
this reference as though fully set forth at length.
(f) sections 16.27 and 16.28 are hereby adopted and
added to Article II to read as follows:
Sec. 16.27. Procedure.
-2-
The procedure for enforcing parking regulations
set forth in Article III, Procedure in Parking Violations,
of Chapter 1 of Division 17 of the Vehicle Code of the
state of California is hereby adopted as the procedure for
enforcing the parking regulations of this Article.
Sec. 16.28. civil Penalties for Parking violations.
In accordance with ~ 40203.5 of the Vehicle Code
of the state of California, the City Council shall by
resolution adopt a schedule of parking penal ties for
parking violations, late payment penalties , administrative
fees, and other related charges for parking violations.
The Chief of Police is directed to recommend such a
schedule and, to the extent possible, shall standardize
such parking penalties with other issuing agencies in the
County of Los Angeles. Such parking penalties shall be
collected as civil penalties pursuant to the procedure
adopted by this Article.
-3-
S 16.14
MOTOR VEHICLES AND TRAFFIC
S 16.14-1
Ill) A Lrief sumnwry in nontechnical language of the
points or contentions made by the party protesting the ac-
tions of the trati1c engineer which \vill be sufficient to inform
;111\' interested person of the grounds for which the objection
is m:lc1e. The cit.\' council shall. :n the next regular council
meeting, take uncler s~lbmi"sioll the objection or objections
and shall be the final determining bod~' as to whether the ac-
tion;-; of the traffic engineer shall be approved, denied, modified
or j]westigated further. At the time and place of the regular
cit\, cO~1J1cil meeting', any interested person or persons may be
he,~rc1, either supporting or objecting to the actions of the
traftk engineer. (Ord. No. 807, ~ 12,)
Sec. 16.14. Stoppingt standing and parking-Prohibited at
all times in certain locations.
~o person shail stop, park 01' le<l\'e standing any vehicle,
whether attended or unattended, except when necessary to
avoid conflict with other ti'affic or in compliance with the
cl i rection of a police otlicer or offici a 1 traffic control device, in
an,\' of the following places:
(a) At any curb along any street in the city where the
:'ame has been painted red.
(b) \\'here signs have been erected glvmg notice of no
parking or no standing. (Ord. No, 807, ~ 16,)
Sec. 16.14.1. Prohibiting the operation, parking or standing of
any semi.trailer upon or along any public street
in the City of Veroon; exception.
(a) It shall be unlawful for any person to operate, park or leave
standing any semi-trailer upon or along any public street in the
City of Vernon, unless the same is at such time being used in
conjunction with a motor vehicle and so constructed that some
part of its weight and that of its load rests upon or is carried by
another vehicle equipped with inflated pneumatic tires.
(b) A semi-trailer is defined as a vehicle designed for carrying
persons or property and having one or more axles, and one or
154.1
Supp. #28, 2-82
S 16.15
MOTOR VEHICLES AND TRAFFIC
S 16.15
more wheels, used in conjuction with a motor vehicle, and so
constructed that some part of its weight, and that of its load, rests
upon, or is carried by, another vehicle.
(c) Any person, association of persons or corporation who
violates any of the provisions set forth in section 16.14-1 shall be
deemed guilty of a traffic infraction, and upon conviction thereof
shall be punished upon a first conviction by a fine not exceeding
fifty dollars, and for a second conviction within a period of one
year by a fine not exceeding one hundred dollars, and for a third
or any subsequent conviction within a period of one year by a fine
not exceeding two hundred fifty dollars.
(d) In addition, a peace officer or any regularly employed and
salaried employee who is engaged in directing traffic or enforcing
parking laws and regulations shall remove said semi-trailers from
the public streets if said semi-trailers violate section 16.14-1.
(e) That the chief of police and director of community services
are hereby instructed to cooperate in the securing and placing of
signs to comply with ~ 22651 (n) of the Vehicle Code of the State of
California. (Ord. No. 921, ~ 1; Ord. No. 923, ~~ 2,3.)
Sec. 16.1 S. Same-Time limited in certain locatians.
No person shall stop, park or leave standing any vehicle,
,\'hethel' attended 01' unattended, except when necessary to
avoid conflict with other traffic or in compliance with the di-
rection of a police officer or official traffic control device, for
a period of time longer than specified, in any of the following
places:
(a) At any curb painted yellow for not longer than thirty
minutes for the purpose bf loading or unloading materials.
(b) At any curb painted white for not more than five min-
utes while in the process of loading or unloading passengers.
(c) At any curb painted green for a period of time not
longer than that specified by the time limitation stenciled on
the cmb.
155
Supp. #28, 2-82
S 16.16
VERNON CITY CODE
S 16.16
(d) At any location \vhere official signs have been erected
giving notice of loading and unloading only, the maximum
time permitted for such loading and unloading shall be thirty
minutes.
(e) At any location where official signs have been erected
giving notice of allY specified time limitations. (Ord. No. 807,
S 17.)
Sec. 16.16. Same-City owned porking areas and facilities.
~o person, except as provided for below, shall park a \'e-
hicle on city owned parking areas and facilities within the
city and described as follows:
(a) City Hall grounds and parking areas at ,1300 SaJ1la
Fe Avenue.
(b) The parking facilities on grounds bounded by 50th
Street, Downey Road, Fruitland Avenue and the West Road-
way.
(c) The city owned parking area at 2265 East 38th
Street.
(d) The parking areas of city owned housing and pump
house at 3550 East Vernon Avenue.
(e) Parking areas at Fire Station No.3, at 2800 South
Soto Street.
(f) Parking areas at Fire Station No.4, at 4530 Ban-
dini Boulevard.
The following persons are excepted from the provisions of
this section:
(a) Officers and employees of the city.
(b) Vendors while engaging in business for the benefit
of employees or officers of the city.
(c) Persons having specific businei'is with the city while
engaged in such business.
(d) Residents of city housing and their guests,
Members of the police department are hereby authorized
to remove a vehicle from the above described public property,
which is in violation of this section. to the nearest garage or
156
Supp. 1/28,2-82
g16.17
MOTOR VEHICLES AND TRAFFIC
g16.17
other place of safety, or to a garage designated or maintained
by the police department. The police officer removing and
storing such vehicle shall comply with the procedure set forth
in division 11, chapter 10, article 3, of the California Vehicle
Code.
Every violation of this section is hereby declared to be a
public nuisance. (Ord. No. 800, SS 3 to 8.)
Sec. 16.17. Police authorized to remove vehicles in specified
situations.
By authority of section 22652 of the Vehicle Code of the
state, any police officer, as defined in section 22651 of such
code, may remove or cause to be removed a vehicle parked on
any public street, highway or alley in the city when:
(a) The vehicle is parked or left standing thereon for sev-
enty-two or more consecutive hours.
(b) When a vehicle is illegally parked in violation of an
ordinance of this city forbidding standing or parking and
the use of the street, highway or alley or a portion thereof is
necessary for the cleaning, repair or construction of the
street, highway or alley or for the installation of underground
utilities, and signs giving notice that such vehicle may be re-
moved are erected or placed at least twenty-four hours prior
to the removal.
(c) Where the use of the street, highway or alley or any
portion thereof is authorized for a purpose other than the
normal flow of traffic; or for the movement of equipment, ar-
ticles or structures of unusual size; and the parking of such
vehicle would prohibit or interfere with such use or move-
ment and signs giving notice that such vehicle may be re-
moved, are erected or placed at least twenty-four hours prior
to the removal.
(d) Where any vehicle is parked or left standing in viola-
tion of any resolution or ordinance passed by the city pro-
hibiting such parking and have authorized the removal by
ordinance and signs have been erected or posted at least
twenty-four hours prior to the removal. (Ord. No, 807, S 18.)
156.1
Supp, #44, 3.92
216.18
VERNON CITY CODE
216.18-2
Sec. 16.18. Notice of removal to owner.
Whenever an officer removes a vehicle pursuant to the
authority granted in section 16.17 and who knows or is able to
ascertain from the vehicle registration or the records of the
department of motor vehicles, the name and address of the
registered owner of the vehicle, such officer shall
immediately give or cause to be given notice to the owner of the
fact of such removal, the reasons therefor and the place to
which such vehicle has been removed. In the event that any
such vehicle is stored in a public garage, a copy of such notice
shall be given to the proprietor of such garage. (Ord. No. 807,
219.)
Sec. 16.18-1. Speed limits on certain streets-Forty-tive
miles per hour.
Pursuant to Vehicle Code Section 22357, the city council
hereby determines and declares that the prima facie speed
limit on the following streets shall be forty-five miles per
hour:
BANDINI BOULEVARD From Soto Street to Atlantic
Boulevard
37TH STREET From Jewel Avenue to Soto
Street
Every violation of this section by propelling a vehicle in
excess of the speed limit provided for herein is hereby declared
to be a public nuisance. (Ord. No. 823,221,3,6; Ord. No. 999, 21;
Ord. No. 1002, 21.)
Sec. 16.18-2. Same-Forty miles per hour.
Pursuant to Vehicle Code Section 22357, the city council
hereby determines and declares that the prima facie speed
limit on the following streets shall be forty miles per hour:
156.2
Supp. #44,3-92
EXHIBIT
B
1
EXHIBIT B
RESOLUTION NO. 6302
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A SCHEDULE OF PARKING PENALTIES
4
5
WHEREAS, ~ 40200 of the Vehicle Code of the State of
6
California provides that parking penalties for violation of
7
ordinances and state laws governing standing or parking of a
8
vehicle are to be collected as civil penalties; and
9
WHEREAS, the Chief of Police has recommended a proposed
10
schedule of parking penalties for parking and standing violations
II
which standardizes parking penalties with other issuing agencies
12
in the County of Los Angeles; and
13
WHEREAS, section 16.28 of Ordinance No. 1014 adopted by
14
the City Council on August 17, 1993, provides that a schedule of
l5
parking penalties for parking violations, late payment penalties,
16
administrative fees, and other related charges for parking
17
violations be adopted by resolution of the City council.
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
19
CITY OF VERNON AS FOLLOWS:
20
SECTION 1: The City Council of the city of Vernon hereby
2l
finds and determines that the recitals contained hereinabove are
22
true and correct.
23
SECTION 2: The city Council of the City of Vernon hereby
24 adopts the Schedule of Parking Penalties, which is attached hereto
25 and made a part hereof as Exhibit II A" . Said Schedule shall be
26 effective on the effective date of Ordinance No. 1014.
27 III
28 III
EXHIBIT B
1
2
3
4
5
6
7
8
9
lO
II
12
l3
l4
l5
l6
l7
l8
19
20
21
22
23
24
25
26
27
28
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 17th day of August, 1993.
THOMAS A. YBARRA, Mayor Pro Tem
ATTEST:
BRUCE V. MALKENHORST, City Clerk
-2-
1
2
3
4
5
6
7
8
9
10
1l
12
l3
l4
l5
l6
l7
l8
19
20
2l
22
23
24
25
26
27
28
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ss
I, BRUCE V. MALKENHORST, city Clerk of the city of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6302, was duly adopted by the City council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, Auqust 17, 1993, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
-]-
~ eode section
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)
28)
29)
30)
31 )
32)
33)
34)
35 )
36)
37)
38)
39)
40 )
CVC
eve
eve
eve
eve
cvc
eve
eve
eve
eve
eve
eve
eve
cvc
eve
cvc
eve
cvc
eve
eve
cve
eve
cvc
eve
cvc
eve
cvc
cvc
cvc
cve
eve
eve
eve
eve
CVC
VMC
VMC
VMe
VMC
VMC
4000(a)
5200
5204
21113 (a)
21210
22500(a)
22500 (b)
22500 (c)
22500(d)
22500(e)
22500 (f)
22500(g)
22500(h)
22500(i)
22500(j)
22500(k)
22500(l)
22500.1
22502(a)
22502 (e)
22505(b)
22507.8(a-b)
22514
22515
22516
22520
22521
22522
22523(a-b)
22526 (a-b)
22651N
22951
23333
24000et seq.
(Div. 12)
27155
16.20(a)
16.20(b)
16.21
16.22(a)
16.22(b)
EXHIBIT A
SCHEDULE OF PARKING PENALTIES
Description
civil Pen. Delinq.
Expired Registrationl $
with Proof of Correction
Display License Platel
with Proof of Correction
Tabsl
with Proof of Correction
Unlawful Parking on
Public Grounds
Bike Parking
Parking within
Intersection
Parking on a Crosswalk
Safety Zone and Curb
Fire station Entrance
PubliclPrivate Driveway
Parked on Sidewalk
Opposite Obstruction
Double Parking
Bus Loading Zone
Tube or Tunnel
Bridge Parking
Blocked Disabled Access
Parked in Fire Lane
Curb Parking
Curb Parking (one-way)
State Highway Parking
Handicapped Zone
Fire Hydrant
Unattended Vehicle
Locked Veh./Person
inside
stoplStandlPark on
Freeway
Parked 7 1/2' from R/R
Parking 3 1/2' from
Sidewalk Access Ramp
Vehicle Abandonment
Anti Grid Lock Act
Prohibited Parking
Parking Lot/Street-Alley
Parking
StoppinglParking on
Vehicular crossing
Equipment violationl
with Proof of Correction
Fuel Tank Caps
No Park/Red Zone
No Parking/standing
Unattended Trailer
Yellow Zone
white Zone
1
60.00
10.00
30.00
10.00
60.00
10.00
30.00
15.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
260.00
60.00
30.00
30.00
20.00
260.00
35.00
30.00
45.00
40.00
30.00
260.00
100.00
50.00
30.00
30.00
30.00
30.00
10.00
30.00
25.00
25.00
60.00
25.00
25.00
$ 110.00
60.00
50.00
30.00
110.00
60.00
50.00
20.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
510.00
110.00
50.00
50.00
30.00
510.00
60.00
50.00
80.00
70.00
50.00
510.00
190.00
90.00
50.00
50.00
50.00
50.00
30.00
50.00
45.00
45.00
110.00
45.00
45.00
EXHIBIT A
~ Code Section Description civil Pen. Delinq.
41 ) VMC 16.22(c) Green Zone 25.00 45.00
42) VMC 16.22(d) Loading Zone 25.00 45.00
43) VMC 16.22(e) Specified Time 25.00 45.00
DELINQUENCY PARKING PENALTY
The original parking penalty ("Civil Pen. ") contains a base
penalty plus ten dollars ($10.00) for the following fees:
(a)
(b)
Processing fee:
State-mandated fees:
Court fund fee:
Jail fund fee:
$5.00
$2.50
$2.50
The delinquency parking penalty ("Delinq.") will be imposed in lieu of
the original parking penalty if the original parking penalty is not
paid within the time shown on the notice of delinquent parking
violation which will be sent to the registered owner of the vehicle
pursuant to section 40206 of the California Vehicle Code.
The delinquency parking penalty is calculated by doubling the base
penalty and adding ten dollars ($10.00) for the fees set forth in (a)
and (b) above.
ADDITIONAL FEES
An administrative fee of twenty dollars ($20.00) will be added if
a payment check is returned for insufficient funds in the account on
which it is drawn.
A vehicle registration "hold" penalty will be imposed by the
California Department of Motor Vehicles if the City files an
itemization of unpaid parking penalties, administrative, and service
fees for collection with the vehicle registration pursuant to section
40220 of the California Vehicle Code.
2
"
EXHIBIT
C
CITY OF VERNON
PROCEDURE FOR HEARINGS
ON PARKING AND STANDING CITA TIONS
FORMS
1, NOTICE OF DELINQUENT PARKING VIOLATION
2, DECLARATION OF NON-OWNERSHIP ( OR LEASE/RENTAL)
3, ADMINISTRATIVE REVIEW /INVESTIGATION FORM
4, DISPOSITION OF ADMINISTRATIVE REVIEW-NONDISMISSAL
5, HEARING REQUEST FORM
6, REQUEST FOR WAIVER OF PARKING PENALTY
7, HEARING ADVISEMENT FORM
8, NOTIFICATION OF DECISION
~';""
",' ..' .....,
.j , .. ~. "',~
NOTICE OF DEUNQUE~
PARKING VIOLAnON
NOTICE DATE:
lHlS NOTICE DOES NOT REflECT my PAYMENT OR APPEARANCE MADE AFTER:
If previously pald. pkw!s$ ~ th1s notice.
lU 81'& dlaIgod wtth ~G) dcGClbod bclow tJOde( s.eaioo .41102 of ~ CallSoml3 Voh1c:.J,e Code. You 8t'(l ftlso Jl(cs.umed to M'w'O bocr.
, to{lt:;fOlod owner at the time of the c:&nse. ff you f.ai 1? rospood 10 tt-..a nodoc. Q comptaim may be fOOd~ ,a 1:1<&. ,4.,\ ~ Wyeillr ~-<!
)lOUt vetlSde may bo Impounded. 0( y6lx vaNde ~Ion renewal may be ~.
x.,
~er/J*r~ Q.d/1~r-
A-A?lZ-G5-S
I -=~[ ""O'l<["'""''L=J
:TAIH nns POATION FOR YOUR RECOFIDS
ffWLlY IF PAlO flEFORE [X.J€ DATE:
fa(ALlY IF PAlO ~ DUE DATE:
( DUE PA tt:!
R pf'Of'm CBEIXT PL.OSE: ~ 'nitS PORTION \IttTH 'fO(J'\ J>A~
CITA.TION NO. DA.TE . TILE . . l.OCAT'IOH
Of~SE
PENALlY
.K
PA.Ynas~NTwnaN 100A.YS-
J A YOlO AOOmO~A.L PEHALllES. 0+( OR 13ER)RE; r
:JjUUST IX> ONE OF THE ~
IoVJl ^ CHECK OR t.IOtEY ORtIE}t PAYJJJ.:E. 1'0:
OA-
~ It'd I:Q'\..... ~ d Nal r'r' ~CII'l'... ~ ot t-Os potb\.
00- v/tU ~~>.f
.~ Vt"G04.;t:It;lN~~TESTWE: CtT,,~
.~ W\J5T 0Id.L ',;-1"I'HI'C . 0 0.-. II! ~ ~ ba.'T2...
(3'1 5'u 6/t1IT'f/Wc;.-rHe. !2J:ICLO.sEJ) ~
/i CC~ PAIJ(~P BY, A CfleGI<.. ct<., /l1 bIJet
()f{Dr:A- PRIer<.. -rc '('He J>~e I)A~.
DO NOT MAIL CASH
RBMf1O:
Le-ftV'/f Mfl-LSS
...~
,-- -",,:,.,1
'_ .. - C,' ". ~"" ..
.:(_. ..
~.
~ ":- ~...:; ;.::: . .: -:
~.. :
',:,,1 'I.', ".'
-.t' ..,:-t-
. -. .....
j. \ '.-.
'r
" ..yo. .
-, ..
'~'.....:'. , 6 0
';
. .-. -'.
. f)B:UR~TIOt( OF f'fOW-owNERSH.lP (OR LEAS€!RtNTAlJ
::;T~S: Yo:., "'l<c:M~ "','~.,,~ ~:'-~~')daCCl~Oo" r~el6e.lJrocl,e< ~I V.h:e.(;O(>>.$<<7WI41 to:?,l;s P<'C$ANOd lk11 h) ~>e,e(I~.,.ot!h<l""'l.:.~
:s:5l.... "'N. ~r~'1O it ii:eCJlllj', ...,.... ~...):'t',: '.S'e<S:-., DMV llil ,"" '41~is'Hed CMn':( 0."1 ':hiI ClaI'Il cf Ii.. ~s). t' ~ ~ nalC>o'llll'Wl...Nr:Ie~' mal elite. ~~ ft~
.:r. t:..kY,~ It.";~ ....u... ,:llllj-." w:"'~:i,"1": ~"~:cc:e.
llS:~eD eE<;.erU. ria; :r~ '..ene:.. :.<:.c""'9'flC rOl~ I'VTII:.. De&)W ~ roOt 0WTIC<l ~ me Ol'\ lh. viQlatiot>03l1. ThO \'CS1\idG_:
"""'1 tr..:;
I. 'The "M'.c:l<! -v.(l been $CI(Ilc:l S.;'-('CM elS6.
Z. TIlE ",:!'LCle net net ~ c;..z:c:.e$~ ~ me..
,..
tIS~o:~P;w-ty~
::; 3.. The nh:c.~ \r.':1$ :C~ or rented to SOo":leont el$.t ~ . ~ 89/eemcot.
o "i.1hevcnde Ol!:SCtitlod is~. YOl.l!:l8l enclose. ClO4l1 or ltlIl tEQs:.er;or.
l:> pro.oe r.;& ~
~s Uoeoloe
.le / "ip C..C;~
3. pu'W~. ~ ~8.....1 rCn!lt! W8S ~leo
~~cf~yt'stlr~~i!;~l/t^d~
'.~I~J ~)
p,'Ol'll 01 wrilto<\ ~ 0( re~ ~n-oera ~ A:(U(Je$ ll'>e l'\3fT>e. aodt9U. end ~ll ~ ~ ci Y>G per'5Otl t) M>om l."le ~ Js ~ ocll:<Ud
lu/)(1\il\.tld "'~lhic' :10 COJ'f"l 01 the -nota dale-
~:jon lor ll>e decla.n(:01ol "OfHI"'~.>e~iel'lOl ~,,~ed ~e ~ ci ~ is Mt~t,-1hr~ d~V~.1t-.e 1X-d6l1;1'~
~~;.'Clbo a--::l V~ v.>lI be re-...por-6oot6e tQf dceMQ -.e ,,~ ..
, .
VERNON POLICE DEPARTMENT ~~j
ADMINISTRA TIVE REVIEW / INVESTIGA TION FORM
Parking Citation#
o Phone In
o Mail
o In Person
lme:
1dress:
Number/Street
;
City/StatelZip i
I
lone: Home( ) Business( )
.
~celved by: Date:
33son for Contesting:
~covered Stolen Vehicle
;rklng Permit
!
ther-Explain
I
i
vestigated By: Date:
"
ndings:
Ictlon Taken: o Dismissal DNon-Dismissal
.- ........-...
~.Il'. brand lax transmittal memo 7671 I * of pages · / Approval
'r1j; t.f!.t; ~ A From 'b. f l rz SI#o(\lS
Co. I
!
. P.D. Phone 1/ X 3~ C.
'" .;L( o/S-$f-)." 9 c. Fax'
I
POLICE DEPARTMENT
Jl~ r-~'
LEONIS C, MALBURG, CHAIRMAN
THOMAS A. YBARRA
WILLIAM M, McCORMICK
L So ROSENKRANTZ
POLICE CHIEF
BOARD OF POLICE
COMMISSIONERS
(~)
~
POLICE HEADQUARTERS
4305 SANTA FE AVENUE
PHONE
(213) 587-5171
CITY HALL
4305 SANTA FE AVE" VERNON, CALIF. 90058
DISPOSITION OF ADMINISTRATIVE REVIEW-NONDISMISSAL
NAME:
ADDRESS:
PARKING CITATION #
HOME PHONE:
WORK PHONE:
Dear Mr. IMs.
The investigation and review of the circumstances surrounding the issuance of
Parking Citation # has been completed. Based on the facts of the
investigation it is decided that the Parking Citation is valid and you are liable
for payment of the penalty.
If you wish to appeal this decision you must within 15 days of the date of this
letter, request an Administrative Hearing by submission of the enclosed form.
Your request for a hearing must be accompanied by payment of the penalty or you
may request a payment waiver. The hearing will not be scheduled until payment
is received. If the hearing examiner decides in your favor, payment will be
refunded.
You may request one of the two following procedures for your Administrative
Hearing:
(2) A hearing by "Written Declaration".
(1 )An in person hearing before a hearing examiner. in which you may present
testimony and other pertinent facts, including witnesses on your behalf.
Respond to address: City of Vernon
Administrative Hearing Clerk
4305 Sant~ Fe Avenue
Vernon, CA 90058
FOR OFFICE USE ONLY:
Deposit of Penalty:
Waiver Completed:
Amount:
Date:
Hearing Set: Date:
Respondent notified date:
Time:
in person:
phone:
mail:
by:
by:
by:
POLICE DEPARTMENT
1fIlIa"~
Jiit:<i:,lll
LEONIS C, MALBURG, CHAIRMAN
THOMAS A, YBARRA
WILLIAM M. MCCORMICK
L. S. ROSENKRANTZ
POLlCE CHIEF
BOARD OF POLlCE
COMMISSIONERS
(~)
~
POLICE HEADQUARTERS
4305 SANTA FE AVENUE
PHONE
(213) 587-5171
CITY HALL
4305 SANTA FE AVE.. VERNON, CALIF. 90058
HEARING REQUEST FORM
CITY OF VERNON
HEARING CLERK
4305 SANTA FE AVE
VERNON CA 90058
RE: NAME:
ADDRESS:
PARKING CITATION #
HOME PHONE:
WORK PHONE:
PLEASE CHECK ONE:
I choose an in person hearing before a hearing examiner.
I choose an Administrative Hearing by Written Declaration to contest
Vernon Parking Citation # By choosing this method of
adjudication, I waive my right to an in person hearing before a hearing examiner.
(For an administrative Hearing by Written Declaration please complete the
following declaration in full and submit it and all copies that support your
case. You will be notified by mail, of the hearing examiner's decision. If the
hearing examiner decides in your favor, the penalty money you have deposited
will be returned to you at the above address.)
I
, declare the following to be true and correct:
Signature:
Date:
Mail to:
City of Vernon
Hearing Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
~' "
,,'" . -.-,..,,,:.
--, .,' ...........,
CITY OF VERNON,
ADMINISTRATIVE HEARINGS
REQUEST FOR WAIVER OF PARKING PENALTY
DEFENDANT NAME:
CIT A TION#:
I HEREBY REQUEST A WAIVER OF REQUIRED PARKING PENALTY AND THAT THE HEARING EXAMINER
PROCEED ON MY PARKING MATTER. HEARING REQUEST FORM ATTACHED.
PLEASE COMPLETE THE FOLLOWING:
1. EMPLOYMENT:
DEMPLOYED
o FULL-TIME
DPART-TIME
D UNEMPLOYED
D DISABLED
DSTUDENT'
DHOMEMAKER
DMILlTARY
DOTHER
2. SUPPORTED BY:
D SELF
D SPOUSE
DPARENTS
DWELFARE
DS.S.I
DA.D.C
o UNEMPLOYED
DOTHER
3. PERSONS:
SUPPORTED:
o SELF
DSPOUSE
DCHILDREN(# OFI_
DOTHER
o TOTAL
4. YOUR NET INCOME (TAKE HOME PAY, WELFARE, ETC.I:$
EVERY DAYS
5. IF UNEMPLOYED; MONTHS OF UNEMPLOYMENT
OCCUPATION
6. ASSETS (V ALUEI
7 . MONTHLY EXPENSES
MOTOR VEHICLE(SI $
HOME $
PROPERTY $
SA VINGS ACCOUNT(SI $
CHECKING ACCOUNTS $
CASH ON HAND $
ALL OTHERS $
RENT MORTGAGE
UTILITIES
LOANS/CREDIT CARDS
FOOD / CLOTHING
TRANSPORTATION
MEDICAL / DENTAL
ALL OTHER
$
$
$
$
$
$
$
TOTY AL ASSETS $
TOTAL EXPENSES
$
8. IF A FINE IS IMPOSED, HOW MUCH COULD YOU AFFORD TO PAY EACH MONTH?
RESPONDENT'S SIGNATURE: DATE:
FOR STAFF USE ONt y
WAIVER OF PENALTY
DGRANTED
o DENIED
SIGNATURE OF AUTHORIZED STAFF
DATE
LEON IS C, MALBURG, CHAIRMAN
THOMAS A. YBARRA
WILLIAM M. McCORMICK
BOARD OF POLICE
COMMISSIONERS
L. S_ ROSENKRANTZ
POLICE CHIEF
(~)
~
POLICE HEADQUARTERS
4305 SANTA FE AVENUE
PHONE
(213) 587-5171
CITY HALL
4305 SANTA FE AVE" VERNON, CALIF. 90058
YOU HAVE BEEN GRANTED AN ADMINISTRATIVE HEARING FOR THE ADJUDICATION OF A CITY OF VERNON
PARKING VIOLATION. THE HEARING, HEW BEFORE A PARKING EXAMINER, WIIL BE INFORMAL AND
RULES REGARDING THE ADMISSIBILITY OF EVIDENCE WUL NOT BE STRlClLY APPLIED. THE HEARING
EXAMINER WIll MAKE A DECISION BASED ON AlL THE EVIDENCE PRESENTED. THE HEARING WIIL BE:
_BY PERSONAL APPEARANCE
_BY WRITTEN DECLARATION PREVIOUSLY SUBMITTED.
THE HEARING IS SCHEDULED FOR: DATE:
PLACE:
TIME:
BE ADVISED THAT:
1. ALL HEARINGS WILL BE RECORDED.
2. IF YOU APPEAR AND ARE NOT THE REGISTERED OWNER OF THE VEHICLE IN ISSUE, YOU
MUST STATE YOUR REASON FOR APPEARING.
3. ONLY CITATIONS THAT HAVE BEEN SCHEDULED WILL BE CONSIDERED FOR DISPOSITION BY
THE PARKING EXAMINER.
4. IF YOU APPEAR YOU WILL BE ASKED TO MAKE ONE OF THE FOLLOWING PLEAS:
A. ADMIT
B. DENY WITH MITIGATING CIRCUMSTANCES
5. THE ORIGINAL OR ANY TRUE COPY OF THE TICKET CONTAINING ALL MATERIAL
INFORMATION IS PRIMA FACIE EVIDENCE THAT THE VIOLATION OCCURRED. THE ISSUING
OFFICER WILL NOT BE REQUIRED TO BE PRESENT AT THE HEARING.
6. IF YOU APPEAR YOU HAVE THE OBLIGATION TO SHOW BY A PREPONDERANCE OF THE
EVIDENCE (THAT IS, EVIDENCE THAT AS A WHOLE SHOWS THAT THE FACT SOUGHT TO BE
PROVEN IS MORE PROBABLE THAN NOT) THAT THE TICKET IN QUESTION WAS NOT VALIDLY
ISSUED. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED TO: RECORDS, DOCUMENTS,
OR TESTIMONY OF WITNESSES.
7. IF YOU APPEAR YOU ARE TO REMAIN IN THE HEARING ROOM UNTIL YOUR HEARING IS
COMPLETED. IF YOU SHOULD LEAVE PRIOR TO THE COMPLETION OF YOUR HEARING, YOUR
CITATION WILL BE DETERMINED ON THE BASIS OF THE EVIDENCE SUBMITTED.
8. YOU HAVE THE RIGHT TO APPEAL THE FINAL DECISION OF THE HEARING EXAMINER WITHIN
20 DAYS FROM THE MAILING OF THE DECISION. APPEALS ARE HELD IN CIVIL COURT AND
A $25.00 PER CITATION FEE MUST BE PAID BEFORE A HEARING IS SCHEDULED.
I HAVE READ THE ABOVE AND UNDERSTAND MY RIGHTS AND RESPONSIDILITIES. I ACKNOWLEDGE
RECEIPT OF THIS NOTICE WITH THE STATEMENT OF RIGHTS AND RESPONSIDILITIES.
ACKNOWLEDGED BY
DATE
CITY OF VERNON liJ[j;"'PI!""
DISPOSITION OF ADMINISTRA TIVE HEARING
NOTIFICA TION OF DECISION
Re: Parking Citation#
o Dismissed (See 1)
DValid (See 2)
.
Name:
Address:
Number/Street
City /State/Zip
Phone: Home ( ) Business ( )
Dear Mr,/Ms.
_After careful and deliberate consideration of all available information presented during the
administrative hearing held on , I have decided Parking Citation#
should be dismissed. A full refund of monies submitted will be mailed tou you by the
City of Vernon City Clerk's Office.
This is to notify you that after reviewing the information presented at the Administrative
Hearing, I find that the citation is valid for the following reasons:
_The imposition of a late penalty has not been suspended for the above stated reason.
_The imposition of a late penalty has been suspended and a refund will be mailed to you
by the City of Vernon City Clerk's office.
You are held responsible for the following:
Parking penalty Late Penalty Total Amount $
If you wish to appeal, you must respond to the Huntington Park Civil Court Clerk within
twenty (20) days.
Hearing Examiner: . Date:
t
.' ~ .....
'.
"
CITY
OF
VERNON
Guidelines for Parking Adjudication
on
Parking and Standing Citations
~ .,......_:r.,
;I>
TABLE OF CONTENTS
INTRODUCTION
MISSION STATEMENT .
PHILOSOPHY OF PARKING ENFORCEMENT . .
COMMENTS ON GOVERNING STATUTES . . .
Authority . . . . . .
Affixing the Notice of Parking Violation
Prima Facie Case . . . . . . . .
Seizure of the Vehicle
Notice Requirements
Leased and Rented Vehicles . . .
GUIDELINES TO THE HEARING . . . . . . . .
General Approach to Hearings . . . . . . .
Quantity of Evidence Required to sustain Case . . .
Examining the Citation to Establish the Prima Facie Case
The Respondent's Case . . . . . . .
The Cross Examination . . .
The Administrative Review . . . . . . .
The Decision . . . . . .
Late Payment Penalties . . . . .
Parking Penalty Amounts
Prior Dismissals/Precedence
History of Violations
Duplicate citations . . .
SPECIAL SITUATIONS . . . .
The Unruly Respondent . . . .
The Represented Respondent .
Ethical Guidelines . . .
DEFENSES . . . . . . . . .. ... ....
Unacceptable Defenses for Incurring a Late Penalty .
Denials . . . . . . . . . . . . .
Explanations . . . . . . . . . . . . .
Unacceptable Defenses or Explanations
Appeals for Leniency .. ...
SPECIAL CLASSES OF VEHICLES .
Commercial Vehicles
Government Vehicles
City Vehicles . . . .
i
Page
1
1
2
2
2
3
3
4
4
4
5
5
7
9
10
13
17
18
20
22
22
22
23
23
23
24
24
25
25
25
29
30
37
38
38
39
39
>>J ~ "-,_~
Page
DISABLED PARKING . . . . . . . . . . . . . . . . . . . .. 40
Requirement To Obtain California Disabled Plate AndlOr
Placard . . . . . . . . . . . . 40
Description . . . . . . . .. ......... 40
Issuance . .. ................ 41
Parking Privileges . . . . . . . .. 41
TYPE OF VIOLATION . . .
Public Safety
Non-Public Safety
...............
.......
.........
SEIZING OR BOOTING A VEHICLE . .. ...
Towing and Storage Fees . . . . . . .
Hearings on Seized Vehicles . . .
Release of Seized Vehicles . ...
ii
42
42
42
43
43
43
44
'" ._~--},
INTRODUCTION
The purpose of this material is to provide the hearing examiner
with a fairly comprehensive overview of the major topics affecting
disposition of citations shceduled for hearings. It should be
emphasized at the outset that these guidelines are not intended to
contain every detail or present every issue that will come up.
Rather, these guidelines are intended to be a primary resource for
general information. The importance of studying these guidelines
cannot be overemphasized; for the purposes of the city of Vernon
parking adjudication program, it is an authoritative guideline to
the rules, regulations and policies.
There are certain aspects of being a hearing examiner, particularly
with respect to the manner in which hearings are to be conducted or
testimony is to be elicited, which are not readily reduced to a
written formula. Although there are general format requirements
designed ,to respond to basic due process concerns, each hearing
examiner tends to develop his or her own personal "style" within
the established parameters. Much of what needs to be learned can
be learned only (or best) by experience.
It is important for the hearing examiner to feel free to rely on
the knowledge and experience of the staff of the City of Vernon;
when in doubt, the hearing examiner should consult the appropriate
staff member(s).
Longer guidelines might not anticipate or resolve the full range of
issues, intricacies, variations or problems with which the hearing
examiner may eventually be confronted. It is hoped, however, that
these guidelines will provide the hearing examiner with a general
overview of the issues most likely to arise.
MISSION STATEMENT
The mission of the parking adjudication program is to provide for
the hearing and disposition of all contested cases involving
violations of the California Vehicle Code (CVC), the Vernon
Municipal Code (VMC), and regulations relating to the parking and
impoundment of vehicles within the area of jurisdiction of the city
of Vernon.
The intent of legislation authorizing administrative adjudication
is to free limited criminal justice resources for more serious
criminal matters and to provide a more timely, convenient,
simplified and less intimidating forum for the hearing and
disposition of contested parking violations. The city acknowledges
that it is important that the adjudicatory process thus established
be fair and convenient from the viewpoint of those contesting
alleged parking violations, while at the same time being efficient,
1
.'
-}-.
centralized and uniform.
The policies and procedures that have been, or will be established,
for the operation of the parking adjudication program are designed
to be efficient and fair. It is the primary goal of the parking
adjudication program to provide all individuals charged with a
parking violation a forum in which the facts of their case may be
reviewed fairly and a disposition rendered in a timely manner.
PHILOSOPHY OF PARKING ENFORCEMENT
An effective parking enforcement program must protect and fairly
apportion scarce parking space for all legitimate users by insuring
that those who violate parking regulations are penalized for doing
so. Penalties for non-payment of citations must be strong enough
to discourage violators from being scofflaws. For repeat offenders
who fail to observe parking regulations and fail to pay outstanding
parking fines, booting, towing and impounding should be expected
consequences.
For those who contest a citation, the adjudication process should
be just and timely; it must contribute to the overall goal of
discouraging illegal parking by enforcing parking regulations, but
in a way that provides a fair and impartial hearing for all.
COMMENTS ON GOVERNING STATUTES
The following is a brief summary of those statutes which are basic
to the hearing process. Although the hearing examiner may not be
directly affected by all of the provisions within a statute, he
should nonetheless become familiar with them by reading the
statutes in their entirety.
Authority: California Vehicle Code, Article 3
The establishment of the parking adjudication program is
authorized by California Vehicle Code sections 40200.7 and
40215, which became effective on July 1 1993, as enacted by
California Assembly Bill 408. The adjudication procedure
mandated by AB 408 is detailed as follows:
The issuing or processing agency must perform an
administrative review of a citation if the review is
requested within 21 days of issuance of the citation
or within 10 days of the mailing of the notice of
delinquent parking violation.
Within 15 days of the mailing of the results of the
administrative review, the person may request a mail-
in or in-person review of the citation by a hearing
2
.-.; 'f
examiner employed by
for the hearing must
full amount due for
the agency's policy,
pay the amount due.
parking enforcement
hearing.
the issuing agency. The request
be accompanied by payment of the
the citation or, as provided by
appropriate proof of inability to
It is important to note that the
officer does not appear for the
within 20 days of the mailing of the hearing
examiner's decision, an appeal may be filed with a
civil court. The court currently requires person
filing the appeal to pay a $25 filing fee plus any
other applicable court charges and fees. The appeal
is heard de novo in a justice or municipal court with
the parking agency's file in the case submitted as
evidence. A copy of the notice of parking violation
is admitted into evidence as prima facie evidence of
the violation. If the court overrules the hearing
examiner, the parking agency must refund the $25
filing fee and any part of the parking penalty that
the court may order to be refunded.
NOTE: There are no provisions in the Vehicle Code, nor is the
issuing agency required, to conduct an administrative review
or schedule an appearance before a hearing examiner if the
mandated time limits are not followed by a violator.
Affixinq the Notice of Parkinq violation:
40202(b) and (d)
CVC section
The statute requires that a citation be affixed to the motor
vehicle or in the case that a vehicle was driven away before
the parking enforcement officer could affix the citation,
mailed to the registered owner of the vehicle. If the
respondent claims that the citation was never affixed to the
vehicle or seen on the vehicle, and presents credible evidence
to substantiate the claim, this may be grounds for dismissing
late fee(s) which accrued because the citation was not paid or
appealed in a timely fashion. The hearing examiner must,
however, ascertain whether the respondent was mailed other
forms of notice of the alleged violation(s) before a late fee
can be dismissed.
Prima Facie Case: CVC section 40200
A parking citation containing the requisite information which
is affixed to a motor vehicle is considered to establish a
prima facie case that the registered owner of the vehicle
identified on the citation committed the violation. That is,
a properly completed citation satisfies the City's burden to
establish that the violation occurred. However, the prima
facie case may be successfully rebutted by a respondent by
3
J) . r
presenting credible and sufficient evidence that the citation
is not valid. What constitutes sufficient evidence to rebut
the citation, and warrant dismissal, is determined in a
hearing by a hearing examiner.
Seizure of the Vehicle: CVC Section 22651(i) and 22651.7
The eity is authorized to seize, by immobilization (Denver
boot) or impound (tow), at the registered owner's expense, any
vehicle that has been issued five or more notices of parking
violation over a period of five or more days to which the
registered owner has not responded.
Notice Requirements: eve sections 40206, 40207
The California Vehicle Code (CVC) requires that a processing
agency notify the registered owner of a vehicle when a
citation for parking violation issued to that vehicle is
delinquent. This notice requirement is satisfied when the
processing agency mails a notice of delinquent parking
violation to the last known address of the registered owner,
that address being the one which is on file at the Department
of Motor Vehicles (DMV). Therefore, a claim that notice was
not received is not normally a valid rebuttal to a citation.
The processing agency has satisf ied the statutory requirements
of notice by mailing the delinquent notice to the address of
record at the DMV. Notice mail dates may be verified by
information contained in Office of Parking violations records.
Leased and Rented Vehicles: CVC sections 40209 and 41102
When the vehicle identified on a citation is a leased or
rented vehicle, the Vehicle Code mandates certain processing
requirements which are listed below:
If the parking penalty lS not paid, a notice of
delinquent parking violation (which includes the
vehicle license number and date of the violation) must
be sent to the registered owner.
The registered owner of the vehicle may transfer
responsibility for the violation to the lessee or
renter of the vehicle at the time of the violation,
but only if the name, address, and driver's license
number of the lesseelrenter is provided to the
processing agency (City) within 30 days of the mail
date of the delinquent notice. If the registered
owner does not provide this information within the 30
days allotted, there is no requirement to transfer
responsibility for the citation.
4
. )
If a lessee or renter is notified of a delinquent
parking violation, the lesseelrenter has the option of
paying the fine which closes the citation or contest
its validity through the administrative hearing
process.
1.0 GUIDELINES TO THE HEARING
1.1 General Approach to Hearinqs
1.1.1
1.1.2
Informalitv of the Hearinq
The hearing is an informal proceeding in the sense
that the rules of evidence required in a court trial
do not apply. This benefits the respondent who is
most often a lay person unfamiliar with the
intricacies of the legal process. The hearing
examiner should make this clear to the respondent if
the respondent appears confused that hearing is not
being conducted under strict "rules of evidence".
Despite this relative informality, each hearing is
recorded on tape so that a record is preserved of the
proceedings in case an appeal is filed. The final
decision in a hearing, however, must be rendered in
writing to the respondent. The hearing is akin to a
small claims action, and thus the respondent may not
be represented by an attorney.
The Role of the hearinq examiner
The hearing examiner may be described as wearing three
hats at once: prosecutor, defense advocate, and
judge. As the prosecutor, the hearing examiner cross-
examines the respondent, and any witnesses, to
determine the credibility of the defense and the
authentici ty of any documents presented. As the
defense advocate, the hearing examiner examines the
citation for defects in the prima facie case and, in
some cases, helps the respondent articulate the facts
of their defense. As the judge, the hearing examiner
listens to the respondent's story, weighs the
evidence, including any discrepancies elicited during
the cross-examination, and renders a decision based on
the facts of the case and applicable laws.
It is essential that a hearing examiner remain
independent and impartial. The hearing examiner does
not "represent" the city in a hearing but rather
"conducts" the hearings and renders decisions in
accordance with the rules, regulations, and.p~licies
5
~. I . .
1.1.3
and procedures established by applicable laws. It
should go without saying that any interest the City
may have in collecting parking fines is simply not a
permissible consideration during the hearing process.
In other words, the hearing examiner must be a neutral
and objective fact finder. Vehicle Code Section 40215
(b) in fact requires that the amount of fines upheld
by an examiner must not be linked to the examiner's
continued employment, performance evaluations,
compensation or benefits.
The Conduct of a hearinq examiner
To adequately discharge the responsibilities of a
hearing examiner demands that the examiner become
somewhat involved in each hearing. Respondents,
especially those in good faith, want most of all to
believe that they have had a full and fair hearing
before someone who has listened to them objectively,
even if the ultimate result of the hearing is a
finding of liability. It is of paramount importance
that the hearing examiner listen attentively and show
interest. It may be, of course, diff icul t to look
excited about hearing, "I was making change" for the
twenty-third time. But remember, it is presumably the
only time that day that the respondent has explained
the problem. So be patient. Let the respondent tell
a complete story and present all pertinent evidence,
but at the same time do not permit irrelevancies to
intrude on the hearing process.
Never get angry. This may be diff icul t sometimes,
since hearing examiners are human and some respondents
can become quite abusive. But if the hearing examiner
is able to remain calm and professional, this will,
often cool down an agitated respondent and will
certainly enhance the judicial aura of the
proceedings.
It should be obvious, but must be emphasized
nevertheless, that a hearing examiner should not be
influenced, one way or another, by any personal bias
or animus. The hearing examiner, just as obviously,
must not solicit or accept anything of value in the
course of his or her duties. Any suspected
impropriety must be reported to a supervisor
immediately.
It cannot be overly stressed that even an appearance
of impropriety must be avoided. The hearing examiner
must not conduct a hearing for any relative, friend or
close personal acquaintance. If the hearing examiner
knows a respondent, the hearing examiner must inform
6
.., . t
a supervisor so that another examiner can be assigned
to the case. The hearing examiner must abide by this
rule even if the hearing examiner truly believes that
a relationship with the respondent will not affect his
or her judgment.
The hearing examiner must always maintain control of
the hearing. This means, among other things, being
careful to observe the necessary procedural guidelines
(see the City of Vernon Procedure for Hearings on
Parking and Standing Citations, herein "Procedures").
Although the hearing examiner should respond to
reasonable requests for information or clarification,
the hearing examiner should not be subjected to a
"cross-examination" by the respondent. The hearing
examiner must not allow the hearing to degenerate into
a discussion of matters not germane to the citation(s)
being adjudicated. In particular, it is not the
hearing examiner's function to "defend" the City's
procedures or regulations. The hearing examiner
renders a decision within the framework of the
procedures, but the hearing examiner position is in no
way that of a pOlicy-maker.
1.1.4
Firmness
While it is of great importance to be fair, it is also
important to be firm. The hearing examiner may be
tempted to find a respondent not liable, or reduce a
fine, feeling that part of justice is leniency or that
leniency is good public relations. For several
reasons, this is wrong. In the first place, the City
is attempting to alleviate the problem of illegal
parking. The suspension of a fine, merely because the
respondent took the time to come to a hearing, or
because the respondent had a personal reason (other
than a bona fide emergency) for parking illegally,
defeats this purpose. Secondly, it is unfair to the
public as a whole, in whose interest we function, to
make a special exception for someone just because they
appear at a hearing. Finally, it is simply not good
public relations to provide a loophole for those who
wrongly seek to read an exception for themselves into
the law. Ultimately, the best public relations is to
treat everyone equally and fairly, rather than "give
a break" to the special few who attempt to escape
responsibility through a hearing examiner's sympathy.
1.2 Quantity of Evidence Required to sustain Case
The Vehicle Code states that a properly completed citation is
prima facie evidence of the validity of statements contained
7
. .
therein. What this means is that, once a citation is
determined to be properly completed and a prima facie case is
therefore established that the violation occurred, the burden
of producing evidence to rebut the charge shifts to the
respondent.
If the respondent wishes to deny the parking allegations
(e.g., "the meter flag hadn't gone up yet."), the respondent
must persuade by presenting a preponderance of credible
evidence as weighed against the prima facie case presented by
the completed citation. A preponderance of evidence is
evidence of greater weight when weighed against the evidence
opposing it, and has more convincing force and a greater
probability of truth. If the respondent wants to present an
affirmative defense (e.g., trapped at a meter by a double
parked truck) or an explanation (e. g., medical emergency), the
respondent must prove the presentation by a preponderance of
the credible evidence as measured against the incredible
evidence, facts judicially noticed, various presumptions, etc.
1.2.1
Substantial Proof
There is no such thing as a halfway-proved defense or
explanation. If the respondent's story amounts to a
defense, the hearing examiner must decide whether the
evidence is credible and sufficient. If not, the
respondent is "liable" and should forfeit the fine.
On the other hand, if the hearing examiner believes
the respondent, and the evidence presented refutes the
prima facie case, the respondent should be found "not
liable". If the respondent has an explanation, the
hearing examiner must decide in each case whether the
respondent has presented sufficient proof to support
the explanation. If not, the defense fails.
NOTE: That a respondent must provide credible and
suff icient evidence to rebut a citation is, to be
sure, . a rather flexible standard. What will
constitute credible and sufficient evidence will vary
according to the circumstances of each case.
1.2.2
The Rules of Evidence
The usual rules of evidence applicable in a court of
law are not required in these hearings. As a
practical matter, there is normally no limitations on
the type of evidence that may be accepted, except
possible harmful or offensive material, with the
provision that time should not be wasted on the
immaterial. This in no way is suggesting that the
hearing examiner should believe everything submitted
or stated. But it is permissible to consider, or
8
· 1 . i
accept for what it is worth, anything offered, and to
subject it to examination in order to assign it a
relative weight.
Evidence tending to support a respondent's credible
testimony should be received favorably. At other
times, evidentiary requirements are more specific and
inflexible; for example, if a defense is that there
were no signs at the parking spot, this can be
verified by either the results of a sign investigation
or comprehensive and accurate photographs. The
hearing examiner should take care to determine that
any photographic evidence reflects a complete record
of conditions at the time a citation was issued and
not subsequent modifications. It should be recognized
that carefully framed photographs can easily be made
to exclude important signs or parking regulation
devices.
1.2.3
Official Notice of Common Facts
The hearing examiner is permitted to take official
notice of facts commonly known in the same manner as
is normally done by a judge in a court. The kind of
facts which may be noticed are the time the sun rises
or sets, the date on which a holiday is observed, etc.
This does not mean that the hearing examiner may
assume the existence of a parking sign because the
hearing examiner has been to the location and has seen
it.
1.2.4
General Denial
Generally speaking, a mere general denial of a
violation, unsupported by evidence, will not be
sufficient to warrant a dismissal. There are
situations in which corroboration may not be possible
(e.g. a solitary driver contends that his vehicle was
"boxed-in" by another vehicle and was thereby rendered
unable to vacate a meter prior to the expiration of
the allotted time). In such cases the hearing
examiner must make a decision based on a careful
appraisal of the respondent's credibility. It should
be emphasized that these are unusual situations and
normally some sort of documentation or substantiation
is available.
1.3 Examininq the citation to Establish the Prima Facie Case
The City's case is almost invariably limited to the production
of a copy (or computer printout) of the citation. When a
9
.. . . I
hearing commences, the hearing examiner should first examine
the citation for defects in the prima facie case. The defects
which are fatal to the prima facie case are set out in the
Procedures. If a defect is determined to be fatal, the
citation number must be read onto the taped record and the
case dismissed without further testimony.
1.5 The Respondent's Case
Once the citation has been read into the record, and examined
for obvious defects, the respondent may present his or her
case.
1.4.1
The Respondent's story
Generally, the hearing examiner should simply let the
respondent tell the story. The hearing examiner must
afford the respondent a fair opportunity to establish
the defense. The hearing examiner must always avoid
prejudgment, remaining open-minded and attentive even
when the defense seems to be of a routine and obvious
nature. It is important to hear and endeavor to
understand what the respondent is saying. At times
this may not be easy to do, since some respondents may
be disorganized or nervous. The hearing examiner
should try to make the respondent feel at ease and
assist the respondent, as necessary, to adequately
articulate the defense. But this must be done without
putting words in the respondent's mouth or
constructing a defense for the respondent.
NOTE: When a respondent has difficulty communicating
in the English language, the hearing examiner should
attempt to secure the services of a translator.
Special arrangements may be required when a
respondent's hearing or vision is severely impaired.
In such cases, the hearing examiner should contact a
supervisor. This may require that the hearing be
continued until another time.
1.4.2
Respondent's witnesses
The respondent may call as many witnesses as needed.
The hearing examiner should hear the story of each
witness and cross-examine as necessary. While a
witness is testifying, other witnesses must wait
outside the hearing room until called.
A respondent may also submit a declaration, signed
under penalty of perjury, from a person who cannot
attend the hearing but has pertinent knowledge of the
10
) ,
1.4.3
facts relating to the respondent's defense. Such a
declaration should be presented in the form of a
statement that sets forth only those facts that are
within the personal knowledge of the witness. It
should begin "I, [name of witness], declare:" and then
state the facts to that person's knowledge in numbered
paragraphs. The declaration should end with these
sentences: "I declare, under penalty of perjury under
the laws of the State of California, that the
foregoing is true and correct. Executed by [name] on
[date] at [city and state where signed]. " The
declaration must be signed with the name of the
witness.
If the unavailable witness does not reside in
California, the respondent must provide a notarized
affidavit instead of a declaration under penalty of
perjury. The hearing examiner may accept, but should
accord less weight, to a statement that is made
neither under penalty of perjury nor notarized.
In evaluating such declarations, the hearing examiner
should bear in mind that a declaration cannot, of
course, be cross-examined and is, therefore, less
useful than a witness appearing in person.
Declarations must be carefully scrutinized and should
be sufficiently detailed in order to be a meaningful
addition to respondent's defense. The hearing
examiner should, as always, be particularly alert to
inconsistencies between the supporting testimony and
the respondent's version of events.
Dismissal is not automatic even when corroboration by
a witness is presented. The hearing examiner must
always weigh the reliability (credibility and
accuracy) of both the respondent and his or her
witnesses. Among other things, the hearing examiner
should consider the existence of a special interest or
bias on the part of the witness, whether such a period
of time has passed from the incident to the making of
the written statement as to detract from the ability
of the witness to recollect and testify accurately,
and other improbabilities.
Respondent's Documents
The respondent may submit any relevant documents.
Each document or a copy thereof must be assigned an
exhibit number and be retained as part of the hearing
record. Commonly presented documents include such
items as pictures, repair bills, doctor bills or
statements by doctors, letters from witnesses, bills
of lading or delivery receipts, and various official
11
. )
documents.
While a respondent may present any documentary
evidence, the hearing examiner must attempt to
determine the authentici ty and the amount of
credibility to assign to the documents. Many
documents that may be submitted, such as alleged
towing receipts or repair bills, could be fabricated
and many others may really prove not to be germane to
the hearing.
a. Authenticitv of Documents
Documents purporting to represent an existing
fact or legal situation must be authenticated in
some way. While formalities in these hearings
are relaxed, the hearing examiner should strongly
suspect such submissions as unsworn legal
documents, doctor's notes on plain stationery,
repair bills without headings, etc. If the
hearing examiner doubts a document's
authenticity, and respondent is not able to
thoroughly dispel this doubt, the hearing
examiner should accept it into evidence but
consider its legal weight to have been severely
diminished or non-existent.
b. Materialitv of Documents
Sometimes respondents may attempt to authenticate
a defense with a document which really has
nothing at all to do with the case. For example,
in a case involving a "No Parking" violation, a
repair bill that showed replacement of a
windshield wiper would be valueless as mitigating
evidence. The hearing examiner always make sure
the document being presented is actually germane
to the case.
c. Probative Value of Documents
To be assigned any weight when judging a case, a
document must prove something or explain
something which is germane to the defense.
Pictures, for example, in order to be useful must
orient the viewer and tell a complete story. A
close-up of a sign on a pole, for instance, is by
itself of little use since signs might be stacked
one on top of the other or different signs may be
posted on another pole nearby.
d. Absence of Documents
Sometimes the absence of documentary evidence can
12
J)
in itself be instructive. A respondent, for
example, who claims to have had an emergency
appendectomy and who responds that she doesn't
have or "didn't bring" any hospital records, is
either sorely lacking in common sense or possibly
not telling the truth. The same applies to a
number of situations where it is reasonable to
expect the respondent to produce some documentary
evidence.
If the hearing examiner believes that a
reasonably prudent person would have produced
documentary evidence to support a defense, this
may be considered as a basis for sustaining a
citation on the grounds of incredibility of the
evidence or inadequate proof of the defense.
NOTE: Anything that is submitted must be retained in the file
as it constitutes a part of the record for purposes of a
possible appeal. For the documents that the respondent must
retain, a complete copy should be made for the official file
of the hearing. If the respondent wishes to withdraw an item
from evidence, the hearing examiner should explain the
possible consequence to the defense and that the document may
not be subsequently accepted by on appeal to civil court. If
the respondent persists, be certain that the respondent
stipulates on the record the exact items that are being
withdrawn and that the respondent is withdrawing the items
voluntarily. As a matter of routine practice, the hearing
examiner should read into the record any evidence submitted,
or describe any items or objects (such as pictures, charts,
photos, invoices, etc.). No case should be continued solely
because the respondent failed to bring all of the available
documents that the respondent may consider to be pertinent to
the hearing.
1.5 The Cross Examination
Once the respondent or witness has stated the defense, the
hearing examiner should begin the cross-examination. This is
the point where skill in examination is critical.
1.5.1
Obiects of Cross-Examination
a. There are a number of things to determine on
cross-examination. In the first place, the
hearing examiner should understand the perception
of the witness. Did the witness actually see
what the witness thinks he saw? Did the witness
look, hear, examine, etc.?
b. The hearing examiner must always be conscious of
13
I)
semantics. A witness may say, for example, that
the respondent was "far enough" from the hydrant.
What exactly is "far enough?" How many feet?
Did the witness measure it? If so, how did the
witness measure it? If the witness says there
was no sign, what exactly does the witness mean
by "no sign"? No sign within a few yards of the
car? No sign next to the car? The witness may
testify that the respondent's car was properly
behind the sign. How much of the car was behind
the sign--half, one-third, three inches? All
vehicles must be fully parked in a legal space.
c. The hearing examiner must question the
completeness of a statement. Is the witness
telling the whole story? For example, to
challenge a double parking charge a respondent
may claim a mechanical "breakdown" and produce a
bill for starting the car. The hearing examiner
reviews the circumstances and finds that the
respondent actually parked at 10:00 p.m. and when
the respondent returned to the car at midnight
found that it wouldn't start. What the
respondent may have not told the hearing examiner
was that the car was illegally parked before the
mechanical trouble.
d. Or, as another example, the respondent may claim
to have been pushed in front of a fire hydrant.
The citation indicates that the car was "0" feet
from the hydrant. Under questioning, the hearing
examiner probably could determine that if the
vehicle was actually pushed, it was pushed from
about five feet away to "0" feet, and was,
therefore, illegally parked in the first place.
e. The hearing examiner must test a witness' memory
as well. How well does a witness really
remember? Is the desire to beat the case
affecting a witness' memory? For example, does
the witness really remember checking her watch or
hearing the time on the radio when the witness
left her apartment three months ago and before
seeing a citation which may have made the event
significant?
f. And, of course, the hearing examiner must closely
question credibi 1 i ty. Many of the stories
presented may merely stretch the truth or twist
it a bit. A half-hour becomes a "few minutes",
three feet becomes fifteen feet, "I usually put
in a dime when I park" becomes "I absolutely
remember putting in a dime" , etc. But
occasionally, a respondent may tell an outright
14
. ,
1.5.2
lie. Many of the best sounding stories may be
complete fabrications. The hearing examiner must
try to determine if the person testifying is, in
fact, lying. This may be a difficult decision to
make. But, if after cross-examination is
completed, the hearing examiner believes the
witness is not telling the truth, the hearing
examiner should ignore that testimony in making
a final ruling. The hearing examiner should make
clear in explaining the rationale for the
decision, that the decision was based on the
credible evidence, so that an appellate reviewer
who did not hear the testimony will understand
how someone with a defense that may sound
legitimate was found liable.
Some Suqqested Techniques for Cross-Examininq
Every lawyer develops a technique for cross-examining
a witness. It is incumbent upon each hearing examiner
to develop an effective technique since it is the
hearing examiner who must ultimately rule on the case.
Nevertheless, because of the similarity of many of the
presentations a hearing examiner will encounter, there
are a few suggestions which may prove helpful.
a. Drawinq the witness out
Probably the best method of cross-examination is
making the witness tell the whole story. Because
of the informality of the proceedings, many of
the defenses and explanations may be based upon
what might be called partial truths. "There was
no sign, II 11 I was pushed, 11 11 I was unloading, 11
"It was an emergency, II 11 I broke down, II etc. All
of these arguments, if proved, might mitigate the
violation, but they should never just be accepted
on their face.
The hearing examiner should encourage a witness
to go into detail. pin the witness down as much
as possible on actual observations, actual times,
distances, etc. Sometimes a different picture
will emerge. Thorough questioning may sometimes
reveal that a respondent and his witness are
diametrically opposed in their stories.
If a witness says that there was no sign, make
the witness reconstruct the IIsearch" for a sign.
How far did he look? Did he walk to each end of
the block? Do his photographs show the whole
block or only part of it? Sometimes the hearing
examiner may discover that the witness didn't
15
. I
happen to see a sign that was posted near the car
and assumed parking was legal.
In the case of a mechanical breakdown, make the
respondent describe the whole story with a
sequence of events and times. Where was the car
repaired? When was it repaired? How did the
respondent find the repair garage? Be suspicious
of bills from garages far from the alleged
breakdown. Find out if the car was already
illegally parked before the alleged breakdown
occurred. If the respondent was knowingly
operating a defective vehicle, the respondent may
be liable if the defect caused the breakdown.
If the issue is late fees, the "complete" story
may paint a different picture. "I never received
the ticket" may mean that a person with the
respondent removed the citation. Or it may mean
that the respondent's daughter, who was actually
driving the car, threw the citation away. Find
out if someone else was driving the car. Even
so, the respondent, as registered owner, is still
liable for the fine and any late penalty.
Examine such stories as "I was out-of-town" and
therefore, could not respond to the citation or
late notice. Quite often, it may turn out that
the respondent was actually away for a much
shorter period of time than may first appear.
This kind of questioning--filling out the story--
can often uncover the real story. Sometimes, the
hearing examiner will find that an excuse, even
if true, is inadequate for dismissal. Often,
too, the responses elicited help to determine the
credibility of a witness. Sometimes this type of
examination will focus on a detail (e.g., actual
measurement, actually walking the entire block
looking for a sign) which the hearing examiner
can rephrase so directly that the witness must
perjure himself to answer it in his favor. Here
many witnesses will falter, allowing the examiner
to pierce the story. And, alternatively,
thoroughly checking the whole story may sometimes
enable the hearing examiner to see the merit in
a defense that in its shortened form sounded
inadequate or not believable.
b. Rapid Questioninq
If the hearing examiner suspects the credibility
of a wi tness, the examiner may uncover
inconsistencies by a series of detailed questions
16
. !
in rapid succession. It helps to have a plan,
but sometimes the hearing examiner can just
proceed instinctively by getting the witness to
detail the story with such fast questioning that
the witness doesn't have time to fabricate an
answer. Get the witness to concentrate on
recalling the event. Suddenly the witness may
remember exactly where helshe parked, what helshe
did and what helshe saw.
c. Look for Contradictions
The hearing examiner may detect clear
contradictions by careful questioning. A truck
driver, "never left the truck." Later, after
pursuing a different line of questioning, the
hearing examiner asks: "What did the officer
say?" "I didn't see the officer, the citation
was there when I returned, " would be a
contradictory answer.
Or perhaps a driver may tell the hearing examiner
how the officer apologized for writing the
citation. Under further examination, the hearing
examiner may get the respondent to recall how "he
told me this or that", and then point out to the
respondent the fact that it was a female officer
that actually wrote the citation.
d. Questioninq for its Own Sake
Sometimes, where no obvious line of questioning
is evident, the hearing examiner can just get the
respondent talking about anything that comes to
mind. During such questioning, the manner in
which the respondent answers may help the hearing
examiner determine the respondent's veracity.
NOTE: The above are simply examples of examination
techniques that may be useful in eliciting the truth. hearing
examiners are encouraged to refer to the numerous textbooks
that have been written on the art of examination to develop
the best method for them to use in the particular situations
with which they are faced.
1.6 The Administrative Review
All persons contesting a citation must first receive an
administrative review of the citation prior to being scheduled
for a hearing with a hearing examiner. In all cases, there
should be a record of an investigation into the claim of a
broken meter, missing sign, etc. In fact, a hearing will not
even be necessary in some cases if the respondent's claim is
17
. <<
found to be accurate during the administrative review. The
citation will be dismissed. Results of an administrative
review will be included in the file forwarded to the hearing
examiner.
Even if the administrative review confirms the existence of
signs governing the violation or that a meter was functioning
properly at the time the citation was written, it is possible
that the respondent may still be able to establish with
independent evidence that circumstances mitigate the charge.
It should be extremely rare that a citation for which an
administrati ve review has determined that the respondent's
claim is without merit, is later dismissed in a hearing
because of an unsupported general denial by the respondent.
The hearing examiner should always be careful to verify that
the administrative review was completed for the location
listed on the oriqinal (not "respondent's" copy) of the
citation.
eve Sections 40200.7 and 40215 mandate that a "violator"
request an administrative review within 21 days of receiving
a citation or within 10 days of the mailing date of a notice
of delinquent parking violation. If the request for a hearing
.was not made within these time limits, the respondent has lost
the statutorily prescribed ability to contest the citation.
Assuming that a hearing was properly requested, within 15 days
after the mail date of the result of the administrative
review, the respondent must pay the parking fine before being
scheduled for a hearing. If the person that received the
citation does not comply with these requirements, no further
review of the citation is mandated by the vehicle code.
The hearing examiner must consider the results of the required
administrative review when rendering a final decision. Since
the results of the administrative review must be forwarded to
the examiner as part of the respondent's file, a hearing
cannot be scheduled until the administrative review process is
complete. The hearing examiner should routinely examine a
case file to determine whether the required administrative
review has been completed.
An administrative review which concludes that a citation was
"validly issued" does not dispose of the case entirely. The
respondent is entitled by state law the option of a hearing to
demonstrate that both the citation and the result of the
administrative review are in error. The respondent will be
apprised of statutory entitlement to a hearing as part of the
written result of the administrative review.
1.7 The Decision
1.7.1
Determination
18
. (
After the hearing examiner has digested and weighed
all the evidence, a ruling must be made. The
available facts must be applied to the law. The
hearing examiner must determine whether the City's
prima facie case has been rebutted by a preponderance
of the evidence, or, whether the respondent has
convinced the hearing examiner of a legally sufficient
defense or mitigating explanation?
If the respondent has proven the defense to the
hearing examiner's satisfaction, the respondent should
be found "not liable" and the citation dismissed or
the parking penalty suspended. If the respondent has
not presented a credible defense, the respondent must
be found liable and the full penalty forfeited.
Either the respondent has adequately proven a defense
or the defense has failed.
Absent other mitigating circumstances, a respondent
found liable has forfeited the full penalty. An
occasional exception to this may involve late payment
penalties. Only in those cases in which the hearing
examiner is convinced that sufficient mitigating
circumstance prevented the respondent from depositing
the parking penalties and requesting a hearing in a
timely manner, may the late payment penalty be waived.
Late payment penalties are discussed in detail in a
following section of this manual.
Normally, the hearing examiner will not leave the
hearing room while deliberating. Once the hearing
examiner has reached a decision, it should be
announced to the respondent on the record. The
hearing examiner may announce the decision either
before or after it has been written. The hearing
examiner must never change a decision after it is
announced merely because of the respondent objects to
it. The hearing examiner must not vacillate. Only if
prior to the conclusion of the hearing the hearing
examiner realizes that an error has been made should
the hearing examiner reconsider a ruling. In other
words, simple, even strenuous, disagreement over the
result cannot cause the hearing examiner to change the
decision. If the respondent disagrees with the
analysis and the outcome, the recourse is to file an
appeal in civil court. The hearing examiner's
decision should be final for the hearing.
In certain instances, in order to examine the evidence
or the locale, or even to avoid a confrontation with
a belligerent respondent, the hearing examiner may
take a matter under submission and issue a written
decision.
19
ill ,
In either case, written notification of the hearing
examiner's decision will be mailed to the respondent.
The mail date of the written decision starts the clock
ticking on the respondent's twenty (20) day time limit
for filing an appeal with the civil court.
1.7.2
Rationale for the Findinq
Each decision should be accompanied by a brief
statement of the hearing examiners rationale. Of
course, every decision need not be accompanied by a
detailed history of the traff ic woes and parking
problems of the city. But, where appropriate,
especially where the hearing examiner has rendered a
finding of liability in a difficult case, the
respondent should know the reasons.
Sometimes a simple mention of the fact that all
drivers benefit from turnover at parking spaces will
'suffice. Sometimes the hearing examiner can mention
the difficulties experienced by emergency services,
commuters, or other persons when they cannot move
freely through an area or find a place to park.
To be successful in a hearing, the respondent must, at
a minimum, prove that the circumstances which support
a ruling of"not liable" did, in fact, exist at the
relevant time of the violation. The hearing examiner
must weigh the reasonableness of the respondent' s
behavior, the extent and nature of the predicament and
the gravity of the potential harm from the violation.
Where an ini tial violation may be excusable,
repetitions may be inexcusable.
The hearing examiner must consider the steps the
respondent took to avoid the violation. For example,
a radiator malfunction might excuse a violation that
resulted from removing the vehicle from a stream of
traffic to a place of safety. But a string of such
violations ove~ a period of days or even hours might
well not be excusable. In such a situation, the
operator of the vehicle must demonstrate that a
reasonable effort was made to repair the malfunction.
The reasonableness of a respondents efforts is
partially dependent on the gravity of the violation.
One would be expected to go to greater lengths to
avoid public-safety type violations, such as blocking
a fire hydrant, a handicapped zone, or parking in a
red zone, etc.
1.8 Late Payment Penalties
20
.)
For most hearings, the parking penalty will have been placed
on deposit and the hearing requested prior to the expiration
of the statutory time limit, consequently, no late parking
penal ty will be involved. However, in an administrative
appeal, if the respondent has conclusively demonstrated that
he did not have sufficient notice of the violation and that
this lack of notice precluded a timely response, the hearing
examiner has the power to dismiss late payment penalties which
have accrued. If the respondent credibly testifies that he
did not see the original citation (perhaps because it was
blown away or removed without the respondent's knowledge),
dismissal of the late payment penalty may be warranted. But
if the respondent does not take appropriate action to payor
appeal the citation within 15 days of receipt of the mailed
notice of delinquent parking violation, dismissal of the late
payment penalty would not be appropriate. If the citation
reflected an incorrect fine, and money was paid but not enough
to close the citation, the possibility of confusion may be
considered as possible justification for waiving a late
payment penalty.
The situation is much more complicated when the respondent
claims that notices went to the wrong address after the
Department of Motor Vehicles had been notified of a change of
address. Where the respondent adequately demonstrates that
a lack of notice under these circumstances precluded timely
payment, late penalties may be dismissed, but only when the
respondent also credibly maintains that the oriqinal
windshield copy of the citation was not received. It is
incumbent upon the respondent to provide sufficient evidence
to establish that the DMV was notified of a change of address
prior to the date that address information was requested by
the Office of Parking Violations Bureau.
The essential point is that late penalties must not be
automatically or routinely dismissed without suff icient cause.
It should also be remembered that a lack of notice sufficient
to support a dismissal of the late payment penalty, does not
invalidate the citation itself.
The hearing examiner should be wary of the respondent who
claims not to have seen or received a number of original
citations. When such a claim is advanced, the hearing
examiner must be scrupulous in assessing the respondent' s
credibility and powers of recollection. In most cases,
subsequent mailed notices will render the issue moot if timely
action was not taken by respondent.
A respondent's attempt to file a change of address with a
processing agency will not be effective in directing future
overdue notices to the correct address and will not fulfill
the statutorily mandated responsibility to maintain a current
address with the DMV. In any case, it should always be
recognized that the postal service, if notif ied, routinely
21
. .
forwards mail to a new address for up to one year.
1.9 Parkinq Penalty Amounts
The hearing examiner may suspend a fine because of mitigating
circumstances or find that a different code section was
violated resulting in a lesser (never a larger) fine.
The hearing examiner does not have the power to adjust the
amount of a penalty for a violation. Parking penalties are
set only by the City Council pursuant to Vehicle Code section
40203.5. The fact that the same type of violation may "cost"
a different amount depending on the month and year that a
citation was issued, does not give a hearing examiner the
authority to adjust fine amounts to achieve "uniformity".
Likewise, parking enforcement personnel do not have the power
to assess a different fine by writing in an amount on the
citation. In such cases the violator must be charged the fine
amount authorized by the City at the time the citation was
issued.
1.10 Prior Dismissals/Precedence
It is possible that a hearing examiner may discover that a
hearing is being held for a citation that has been previously
dismissed. Obviously, such a case should be dismissed. The
computer record maintained by the Office of Parking Violations
is a good source of previous dispositions and should indicate
any prior dismissal. otherwise, the respondent would have to
present convincing proof that the citation was previously
dismissed.
1.11 Prior History of Violations
A related but more complicated issue is the question of
whether, or to what extent, a history of prior violations
should be relevant to the adjudication of a subsequent case.
First, it must be emphasized that the fact that an individual
has received other (or similar) citations in the past, or has
conceded the validity of prior citations by making payment, or
appealed prior citations, cannot be used as a basis to
conclude that the respondent is "liable" in subsequent
hearings, or that because the respondent is of a "litigious"
disposi tion that there is no merit to a defense. The
existence of other citations may be relevant to the issue of
notice (i.e., an earlier citation at the same location for the
same type of violation weakens a respondent's contention that
there were no posted signs). It should be emphasized that
22
. ,
awareness that one is committing a violation is not an element
that is required to be established in deciding the validity of
a citation. Similarly, citations at the same location issued
to the same vehicle will impeach a respondent who asserts that
helshe has never been on a particular street or does not even
know where it is.
A history of prior violations may also be considered when the
respondent makes it an issue. If, for example, the respondent
contends that helshe has never committed a violation before,
evidence of prior citations issued to the respondent's vehicle
may be useful in judging the respondent's credibility.
1.12 Duplicate citations
It is the current policy of the city of Vernon to dismiss a
citation if another citation was issued at the same location,
for the same violation, at approximately the same time. In
this one very narrow sense, a prior citation can determine
non-liability for subsequent violations.
2.0 SPECIAL SITUATIONS
2.1 The Unruly Respondent
Occasionally, a respondent will become unruly during or after
a hearing. This can be often be precluded by fair and
courteous treatment and by a rational explanation of the
decision. Respondents should have been apprised of the right
to an appeal in civil court prior to the commencement of the
hearing. Should a respondent become abusive, the hearing
examiner can call a police officer to escort the respondent
from the room.
A hearing examiner is not required to tolerate personal abuse
as part of the position. If a respondent becomes abusive, the
hearing examiner should warn him or her to desist, and that if
such behavior continues, it will result in a termination of
the hearing. If a hearing must be terminated because of a
respondent's objectionable behavior or refusal to comply with
the procedural requirements (after proper warning), the
hearing examiner should enter a decision based on the evidence
to that point. It is vital that the hearing examiner record
the entire proceeding (including warnings about objectionable
behavior) and include an explanation of the resulting action
on the decision form.
Again, it should be emphasized that evervthinq, from the
moment the respondent enters the hearing room until the
announcement of the decision and the conclusion of the
23
. I
hearing, must be recorded on tape. If the hearing examiner
suspects that a problem will develop, the proceedings should
continue to be recorded until the respondent has left the
hearing room. It should be noted that premature termination
of a hearing is a radical step and should be avoided, if
possible, in all but the most flagrant cases of misconduct.
2.2 The Represented Respondent
An appearance may be made for the registered owner of the
vehicle that was cited by a representative or agent. The
agent might be the actual operator of the car at the time it
was cited, the lessee of a rented car, or an officer of a
corporation. In rare cases where the respondent cannot
appear, a third party may appear to explain the respondent's
absence and the case may be continued if requested or heard as
if submitted by written explanation. Such an agent may appear
for the registered owner, so long as there is a clear
statement on record of the registered owner's name and address
and the relationship to the registered owner of the person
appearing.
If appropriate, the oath should be administered to the
representati ve or agent in the same manner as it would be
ministered to the registered owner.
2.3 Ethical Guidelines
If at any time a hearing examiner is confronted with a
respondent, either registered owner or representative, known
to the hearing examiner or to whom the hearing examiner has a
bias, for or against, the hearing examiner should disqualify
himself or herself. If for any reason it could be implied
that the hearing examiner would benefit from a decision
favoring or not favoring the respondent, the hearing examiner
should disqualify himself or herself.
If, at any time, an approach is made by any person, including
someone connected with the City, that, either directly or by
implication, attempts to influence the hearing examiner's
decisions, the situation must immediately be brought to the
attention of the City Administrator.
At no time is any hearing examiner or any other employee of
the City to suggest, arrange, or agree that any particular
respondent appear before any particular hearing examiner. Any
such request or suggestion shall be immediately reported to
the City Administrator. Failure to report such a suggestion
or arrangement may constitute grounds for disciplinary action
against all parties withholding such knowledge.
24
3.0 DEFENSES
3.1 Unacceptable Defenses for Incurrinq a Late Penalty
3.1.1
Inconvenience or "Inability"
A respondent may claim that it was inconvenient or
that he was unable to pay the parking penalty on time.
Such a claim even due to minor sickness, absence from
the area, etc., is not acceptable mitigation if the
citation was placed on the car or mailed. Since a
respondent may answer by mail, there is little excuse
for failure to respond on time. The respondent is
liable for the late penalty regardless of the excuse.
This also applies to the respondent that claims a lack
,of funds, since a lack of funds does not preclude
responding in a timely manner.
3.1.2. Lost Notices of Parkinq violation
A lost citation is not sufficient to mitigate a late
penalty since it indicates negligence by the
respondent.
3.1.3
Unseen Notices of parkinq Violation
..
The failure of the operator--a person, garage, etc.--
to give the citation to the registered owner is not
sufficient mitigation for liability for a late payment
penalty since a notice will have been mailed to the
registered owner.
3.1.4
Unaware of Additional Fees
A statement that the Respondent didn't realize
liability would increase because of a response after
the due date may not be accepted for any reduction of
the amount due. The notice of del inquent parking
violation gives adequate notice that the fine may
increase due to a late response.
3.2 Denials
3.2.1
General Denial
25
3.2.2
3.2.3
Denial that the offense was committed as charged may
take various forms. Ini tially, a respondent may
simply claim that he or she did not commit the
violation charged. More often, the allegation on the
citation may be challenged by a specific claim such as
"time was still showing on a meter", "the car was not
in the restricted area when it was cited", "the
regulation was not in effect at the time stated on the
citation", etc. A thorough review of the description
of the violation on the citation, and reference to the
general standards of proof required for a valid
defense, will provide a sufficient base from which a
determination of liability can be made.
Material Error in the Vehicle Identification
If a defense is raised that the vehicle identified on
the citation is not the respondent's vehicle, the
following guidelines should be applied:
(a) When the Claim May be Raised
This claim must be raised after receipt of a
Notice of Delinquent Parking Violation, not on
the windshield copy of the citation. Possession
by the respondent of the original citation is a
negation of this claim.
(b) Proof Required
The only acceptable and conclusive evidence of
ownership and the date thereof is a copy of the
vehicle registration card issued by the Motor
Vehicle Registry of the state which issued the
license plate cited. The registration must be
carefully reviewed to verify that it was in force
on the date the citation was issued. For the
case in which a respondent claims that the
vehicle identif ied on the citation was sold,
'proof must be provided that the vehicle was
properly transferred prior to the date of the
violation occurred.
Material Error in the Alleqation
The respondent may contend that the issuing officer
made an error in alleging the offense. Because a
citation is the prima facie case, the case stands or
falls as charged--at least as to the material elements
of date, time and place. If the respondent
conclusively proves that the vehicle was not at the
place charged at the time or on the date charged, or
26
~
.
3.2.4
3.2.5
did not do what is charged, the citation should be
dismissed. Please note that it is not conclusive to
prove where the respondent was on the date of the
violation since the citation was issued to a vehicle,
not the respondent.
Some flexibility should be maintained in reviewing the
address on a citation (e.g., location is given as 200
N. Main, and respondent claims he was in front of 226)
or obvious inversions of the date and time (e. g. ,
"21/10/92" as the date or the insertion of "2 P.M." in
the date space and "11/3192" as the time). This kind
of error must not, without other proof, negate the
charge. Minor and subjective differences in vehicle
description (such as color) and variations on make
(such as Ford or Mustang) should be overlooked as
immaterial.
Finally, reference to an incorrect section of the
vehicle code may be overlooked as long as the citation
properly states the infraction in words or
understandable abbreviations.
Time of Observation Versus Time of Writinq
The relevant time for any allegation of parking
violation is the time the infraction is observed, not
the time the Notice is actually written. Therefore,
where a respondent proves that a citation was written
before the prohibition came into effect, such as a
time of 3:55 PM written on a citation for "No
stoppinglStanding 4: 00 PM - 6: 00 PM", the citation
should be summarily dismissed.
On the other hand, if an officer observed a violation
before a prohibition expired (e.g., a citation for "No
Parking 7:00 AM - 9:30 AM" written at 9:25 AM) and
notes this time on the citation, but actually
completes and affixes the citation to the vehicle
after the prohibition has expired, the citation is
technically sound. It is not a valid defense to
assert that the citation was actually completed and
placed on a vehicle after a parking restriction had
elapsed.
Challenqe to Issuinq Officer's Judqment
A respondent may claim that the officer was mistaken
in judging that the car was parked in a crosswalk,
etc. Again, reference should be made to the elements
of the offense charged, to be followed by an
examination of the respondent's proof. If, after such
27
3.2.6
3.2.7
reference and examination, it appears that the
respondent has proven by sufficient credible evidence
that the officer's judgment was incorrect, the
citation should be dismissed.
Missinq Siqns
The California Vehicle Code does specify the number of
signs that must be posted to announce parking
restrictions or the minimum distance allowable between
signs.
To assert this defense successfully, a respondent
must, by proof, eliminate the possibility of a sign
anywhere in the parking area or block. Proof that a
bare pole existed or that there was no sign in part of
the block, is not adequate proof to substantiate this
defense. On the other hand, the requirement must be
interpreted reasonably if intersections are long
distances apart.
All evidence, photos, statements, etc. should
indicate clearly the location referred to. The
citation, of course, will indicate where the car was
parked. To give perspective, photos may be "linked"
to give a complete picture of the location.
Photographs which show the parking area should, of
course, be examined closely to determine whether signs
might have been hidden behind trees, canopies, etc.
The hearing examiner should also take special notice
of the findings in the required administrative
investigation and review of a sign complaint. The
investigation is performed by a staff member of the
Vernon Police Department and in virtually all cases
includes a field inspection of the location in
question.
When the evidence presented by the respondent fails to
prove that there was no sign anywhere in the parking
area, the citation should be sustained. Respondents
should be reminded that they have a duty to search a
whole block for signs and that an assumption based on
the absence of signs in part of a block does not
fulfill this duty.
Obscured Siqns
An obscure sign is not a defense unless the respondent
can prove; (1) that the sign was so obscured that no
one could read it from any angle and; (2) that there
28
-
.
was no other sign on the block which indicated the
restriction. The fact that a sign is partially
covered by a barrier or hidden from certain angles by
a tree or canopy is irrelevant. All motorists have a
duty to see and obey all signs posted.
3.2.8
Defaced Siqns
To successfully maintain a defense of a defaced sign,
the respondent must prove two things: (1) that the
sign was so defaced that it could not be read; and (2)
that there was no other sign in the area indicating
the same restriction. If both are not proven, the
defense should not be sustained. The respondent
should be questioned carefully about his familiarity
with the area, how often he has been there, as well as
about his knowledge of the removal or defacement of
the sign.
3.3 Explanations
There are certain explanations which, if proven, and under
certain circumstances, may be the basis for a dismissal.
3.3.1
Vehicle Breakdowns
If a vehicle suffers a mechanical breakdown and if
reasonable efforts are made to have the vehicle
removed from the street, a citation for illegal
parking issued while the car was incapacitated may be
dismissed.
To maintain the claim of "mechanical breakdown," four
elements must be proven:
(a) The respondent must prove that the breakdown
actually occurred.
(b) The respondent must prove that the vehicle was
not illegally parked before the breakdown
occurred.
(c) The violation must have resulted from the
breakdown.
(d) Reasonable steps must have been taken to remove
the vehicle from the situation that caused the
violation.
NOTE: If the hearing examiner is fully convinced that
all four elements of the claim have been sustained by
29
~
· I
a preponderance of the credible evidence, the hearing
find the respondent not liable. If
proof on any of the first three elements
hearing examiner should sustain the
find the respondent liable.
examiner may
respondent's
fails, the
citation and
3.3.2
Poverty
In a very few cases, a respondent may claim and may
even prove that forfeiture of the fine on a citation
would be a great financial hardship. In fairness to
the public at large, this must not be used as the
basis for a finding of not liable or a suspension of
the late payment penalty. To rule otherwise would be
to encourage such individuals to flout the regulations
and to encourage others to claim poverty. Under law,
all motorists, regardless of income or station in
life, have the same responsibilities. Arrangements
may be made at the Office of Parking violations to
make partial payments on a citation.
3.3.3
"Runninq Out of Gas"
Usually, this excuse is to be rejected outright. It
is the responsibility of all vehicle operators to
insure that vehicles can be operated in a safe manner.
3.4 Unacceptable Defenses or Explanations
The parking laws were promulgated and fine schedules were set
to discourage illegal parking, not only by those people who
have no reason to violate the laws, but also by those who do
have a reason. The problem of illegal parking in the city of
Vernon is fundamentally the result of an accumulation of
normal, human reasons or simple misunderstandings. A large
number of illegal parkers firmly believe, at least in their
own minds, that they had a valid reason for ignoring the law
or that their special extenuating circumstances should be
reason enough to dismiss a parking citation.
This, however, does not address the parking problem. It is
precisely because so many people believe that they should not
be subject to parking laws or that the laws are of so little
consequence that they can be ignored, that the parking problem
continues and grows.
A social decision was made by government that, for the welfare
of the community as a whole, the practice of allowing
individuals to park where they wish, when they wish, and for
whatever reason they may have, should be abridged. It
devolves to the hearing examiner to see to it that this social
30
policy is carried out.
The hearing examiner must maintain a proper perspective in the
hearings. The hearing examiner is facing, in a large number
of cases, those who ask to be excepted from the law. The
hearing examiner must also be mindful of the majority of
citizens who do not violate the law or who acknowledge their
responsibility and pay parking penal ties. They too, had
personal reasons to do as they did but they accepted the
consequences of their actions in choosing to pay the scheduled
penalty. They must not be discriminated against in favor of
those who believe that, by articulating their plight in
person, they will be granted automatic exception.
The excuses outlined in this section should never form the
primary basis for a dismissal. Acceptable excuses and
defenses should be limited to those outlined above and others
which the hearing examiner determines are bona-fide and
legally sufficient. The following list of unacceptable
excuses or defenses should not be viewed as comprehensive but
are set forth only as examples.
NOTE: It should be clear that just as defenses and
explanations that are unbelievable and without merit are to be
rejected, credible and meritorious defenses and explanations
should be accepted and given appropriate weight when rendering
a decision.
3.4.1
"Makinq Chanqe"
The law requires activation of a parking meter within
the time required to park, deposit the necessary
coins, and activate the meter. The driver must
consider this before he or she decides to park. While
searching for someone to make change, the respondent
is, in effect, on a short errand, and a citation may
be properly issued.
3.4.2
"Goinq to the Bathroom"
This is never an adequate excuse for illegal parking.
3.4.3
"Short Errands"
No errand, no matter how short, no
important to the respondent, short of
medical emerqency (not headache, cramps,
acceptable excuse for illegal parking.
matter how
a bona-fide
etc.), is an
The "short errand" is a very common excuse. Running
in to pick up someone or something is a common excuse
31
A
. I
3.4.4
3.4.5
3.4.6
3.4.7
3.4.8
for parking illegally.
however, and should not
finding of liability.
It is
result
legally
anything
valid,
but a
not
in
"Doctor/Dentist Appointment"/Late for Class"
Like other citizens, the owner of a motor vehicle must
plan a way to arrive on time for a dentist or doctor
appointment or to a class without parking illegally,
and if this is not done he or she must accept
responsibility.
"Business or Personal Appointment"
The same applies here. The driver of a motor vehicle
must accept responsibility for planning to arrive on
time for appointments. Being late does not bestow
upon the driver the privilege of parking illegally.
"Car Used for City Business"
Some employees are authorized to use their personal
vehicles for City business. If the respondent claims
an actual business use of the vehicle and, therefore,
requests consideration under the regulations
concerning City vehicles, the respondent must present
a letter signed by the Director of the Department so
stating.
"I have a valid placard"
Many people believe that because a special placard has
been issued to them, they should automatically be
granted th~ special privileges. Special parking
privileges for certain groups of individuals, such as
disabled persons, are always contingent upon the
prominent display of the qualifying placard or plate.
A citation is valid if there is no proof that a
qualifying placard was actually displayed at the time
of the violation, even if the person actually
qualifies for the special privileges.
"The permit was in the car.
seen it."
The officer should have
special permits must be placed in the lower left
corner of the driver side windshield or hung from the
rear view mirror. Any other place is not acceptable.
32
"
. ~
3.4.9
"No Place Else to Park"/"The Lot.Was Full"
Rather than being a valid excuse, this in fact
confirms the respondent's liability. This excuse also
implies that if a person can't conveniently comply
with the parking laws, he or she has the right to
violate it. This, of course, is not the case. It is
every driver's responsibility to locate legal parking.
3.4.10 "I Didn't See the Siqn"
A driver is required to look for signs when parking.
This may mean checking an entire block from corner to
corner. Drivers are also required to notice signs as
they drive. That a person did not see a sign
forbidding parking is not an acceptable excuse.
3 . 4.11 "I Didn't Understand the Siqn"
Absent genuine confusion caused by conflicting signs,
this is no excuse. One is required to read and
understand signs to qualify for a license to drive.
3 . 4 . 12 "The Sign was Obscured"
Unless the sign was so obscured that no one could read
it from any angle, this defense has no merit.
3.4.13 "I am doinq a service for the citv"
Many vendors believe that they should not have to pay
to park. They may being doing a service for the City,
but they are also being compensated for the service.
3.4.14 "I had Permission"
Nobodv, including a police officer, parking
enforcement officer or any other employee of the City,
has the authority to grant permission to park
illegally. A pol ice off icer may, however, order a
person to pullover to the curb, pass through a red
light, etc., in the performance of his duties. An
area of roadway may also be legally blocked off for
maintenance or construction, in which case the
respondent must show proof of such authorization.
33
.
.
3.4.15 "Only Part of my Car was Illeqally Parked"
A violation is not based on a certain percentage of a
vehicle being illegally parked. If part of the
vehicle extends into a restricted area, the violation
is the same as if the entire vehicle did.
3.4.16 "I Left Someone in the Car"
"I Left my Parkinq Liqhts On or Blinkinq"
"I Left a Note in the Car as to my Whereabouts"
"The Motor was Runninq"
Many respondents seem to think that evidence of a
short stay mitigates the offense. It does not. The
purpose of parking regulations is to restrict from
certain areas motor vehicles which are not in motion.
The presence of a passenger, a sign or blinking lights
does not satisfy this purpose and, therefore, does not
constitute a valid reason to dismiss a violation.
Blinking hazard lights certainly do not transform an
ordinary vehicle into a bona-fide emergency vehicle.
3.4.17 "It was Only a Few Minutes"
This explanation is one of the most common claims. "A
few minutes" is a subjective term and, in fact, can
mean anything up to a few hours within a person's own
rationalization. Even if true, parking for any length
of time, where it is prohibited, is illegal, and for
this reason alone, this excuse is unacceptable. The
parking laws would have no effect if people were
allowed to park illegally for their individual
definition of a "few minutes."
3.4.18 "Nobody Else Got a Ticket"
Sbmetimes this defense is phrased as "discriminatory
enforcement". Occasionally it is true that an officer
didn't cite an entire area. Other vehicles mayor may
not have been parked illegally. The officer also may
have had to leave the area before checking all
vehicles.
However, it doesn't even matter. A citation stands on
its own. Whether the respondent was properly cited
for the particular violation is the only issue in a
hearing. Therefore, even if the respondent was the
only person in the area cited, the issue is, was the
law violated? If so, the claim is without merit both
as a defense and as an explanation in mitigation.
~
34
...
,
3.4.19 "Rushinq Out with Second coin in Hand II
It is, of course, illegal to "feed meters" in excess
of the maximum time limit posted. The time
restrictions applicable in an area mean that a vehicle
may park for that amount of time only, and then it
must be moved. Even without such time restrictions,
the respondent must keep the meter current.
This defense is to be rejected.
3.4.20 "The Whole Block was Parked"
In parking situations, this excuse is usually more a
case of individual carelessness than custom or
misunderstanding. Had the respondent looked, he would
have seen the sign and realized that the "other cars"
were parked illegally too. custom, or the fact that
others are committing the same violation, should be
rejected as a valid defense.
3.4.21 "Someone Else Had My Car"
In the absence of outright theft, the Vehicle Code is
clear that the registered owner of a vehicle is
responsible for the safe and legal operation of the
vehicle. Whether a vehicle was borrowed and parked
illegally by a relative or friend, or by a garage
attendant, etc., it remains legally in the owner's
care.
The owner is responsible for all citations gathered by
an operator and for all penalties incurred due to the
operator's lateness or failure to respond.
3.4.22 "The Officer Saw Me Park and Didn't Say Anythinq --or-
- Said it was O.K. for a Few Minutes, etc."
There are some misunderstandings which seem to be
based on the proposition that officer inaction somehow
implies granting an exemption. Where this excuse is
offered in good faith, it is very important to explain
that an officer who saw a violation or engaged in
conversation may not have been the same officer who
wrote the citation. In no way does such action imply
an exemption from the parking regulation, or preclude
another officer from writing a citation for illegal
parking. This excuse is to be rejected.
35
..
3.4.23 "The Officer Told Me"
Many people think that an officer is being polite or
may grant illegal parking, if he or she wishes to do
so. This is not true. (See 8.3.4.22)
3.4.24 "The Officer Apoloqized But Wrote the citation"
Such a statement only indicates that the officer is
being polite or may not have wanted to fight about the
violation. It is easier for the officer to let the
respondent vent his or her anger on the hearing
examiner. This excuse should be rejected as
meaningless and irrelevant.
It should be noted that if the officer really believed
that an error was made, the officer had the option of
recommending to a supervisor that the citation be
dismissed during the investigative review.
3.4.25 "This Violation has not been Enforced in the Past"
Officers in some areas may not fully enforce all
parking laws for a variety of reasons. simple
neglect, inadequate staffing, other higher priorities,
etc., may give rise to long-term, widespread
violations in some parts of the city. But, nowhere
may apparent failure to enforce any parking law
constitute a valid defense for a citation.
3.4.26 "I've Done It for Years"
"Everybody Does It"
These are never a valid defense or adequate mitigation
for any violation of the parking laws. Nobody is to
be rewarded for "getting away" with prior violations.
3.4.27 Diplomatic Immunity
According to the United States Department of State,
Consul Generals are exempt from the laws of a local
jurisdiction only with respect to criminal acts
performed in the exercise of consular functions.
Since parking citations are now civil offenses, this
defense is no longer applicable.
36
..
.
3.5 Appeals for Leniency
occasionally, when all else fails, a respondent may present an
excuse which is, in effect, really an appeal for leniency.
The following are some common examples. None of these,
however, have sufficient legal weight to dismiss a violation.
3.5.1
"Out-of-Town Driver"j"Do Not Read Enqlish"
Parking signs are printed in simple language. An out-
of -town dr i ver who makes incorrect assumptions is
causing the same danger and inconvenience as any local
driver who ignores the same regulation. A driver from
out-of-town is required to obey all of city parking
laws as a condition of being granted the privilege of
operating a vehicle on City streets.
This same reasoning applies to a respondent who claims
to not understand or read English. The ability to
understand and abide by signs regulating the operation
of motor vehicles is a condition for being granted a
license to drive.
3.5.2
"New to the city"
New residents have the same responsibilities as
everyone else. They are required to familiarize
themselves with and abide by all parking regulations
before they park.
3.5.3
"The Fine is Too Hiqh"
Fines are set by the City Council and apply to all
motorists equally. The fines are not variable and
may not be reduced in the absence of a legally proper
reason to do so.
3.5.4
"Towed Vehicles"
When a vehicle has been towed, the amount of the
towing and any storage fees the respondent must pay is
not under the hearing examiner's jurisdiction. When
a citation is reviewed in a hearing, only the penalty
for the parking itself is subject to consideration.
The hearing examiner's standards for judging the
validity of a case where a vehicle was towed should
never vary from other cases.
NOTE: The above are simply some examples of the cases that
may be anticipated in hearings and are meant only as
37
..... I J t:
suggestions.
its merits.
The hearing examiner must decide each case on
4.0 SPECIAL CLASSES OF VEHICLES
4.1 Commercial Vehicles
A commercial vehicle is defined by the state of California as
any "vehicle of a type required to be registered as commercial
or maintained for the transportation of persons for hire,
compensation, or profit or designed, used, or maintained
primarily for the transportation of property". The state of
California issues a distinctive type of license plate to
commercial vehicles. The plate is identif ied by a number
followed by a letter followed by five numbers, for instance
2B12345. Some commercial vehicles are issued personalized
plates as indicated on the vehicle registration.
It should be emphasized that commercial vehicles are subject
to all rules and regulations whether or not they are loading
or unloading. For example, they must pay for metered spaces,
they cannot park in "No stopping/standing" zones or within 30
feet of intersections. They are not allowed to double park,
although some drivers will maintain that individual
enforcement officers tend to give them some leeway. Such
allowances are not in accord with the rules and regulations of
the City and do not constitute a defense when a double parking
citation (or any citation for a valid violation) is issued.
When a commercial vehicle is cited for exceeding the allowable
time in a zone, the officer that writes the citation must
indicate in the remarks section the time the vehicle was first
observed and another time when the vehicle became in
violation. The two times must be apart more than the
allowable time limit.
Several problems tend to characterize hearings involving
commercial vehicles. The issue of identification as a valid
commercial vehicle is sometimes raised. If the license plates
are personalized or issued by another jurisdiction and the
respondent provides a valid DMV commercial registration card,
the vehicle should be considered a commercial vehicle for the
purpose of the hearing.
A respondent may try to appeal to a hearing examiner's
sympathy by arguing that certain parking practices are
essential to the conduct of business, or necessary for
livelihood. However, if a practice (such as overtime parking)
is illegal, a hearing examiner must not create a special
exemption to the parking laws because of a desire to alleviate
the respondent's hardship. It would be improper for a hearing
38
')
.
examiner to dismiss a validly issued citation for such a
reason. A hearing examiner does not have the authority to
effect such a policy change.
A problem sometimes arises when the respondent claims that,
although two times are listed on the citation which are over
30 minutes apart for a Loading Zone violation, he had, within
that time, moved the vehicle and returned, and, therefore, had
not exceeded the allowable time limit for the particular zone.
The burden is on the respondent to establish that the vehicle
was not at the location in question for the period stated on
the citation. To the extent that helshe is able to do this
(through the presentation of invoices, delivery logs and the
like), the hearing examiner may exercise some discretion,
bearing in mind that the purpose of these time restrictions is
to encourage turnover and discourage vehicles from occupying
spaces for long periods to the exclusion of other vehicles.
It should be noted that no one "owns" a loading zone.
Although a loading zone may be established at the request of
a certain business and may be located immediately adjacent to
the business, no one is entitled to exclusive or unique
parking privileges. Loading zones are established for the use
of all qualified commercial vehicles.
4.2 Government Vehicles
Government vehicles are defined as those owned or leased by
the united states Government, the state of California, or any
city, county or other political subdivision within the state.
These vehicles are generally identified by a distinctive
Government or "E" plate. The vehicles also usually display
government seals or other special markings. Leased or rented
vehicles must display an off icial government vehicle placard.
In general, all emergency vehicles are exempt from all parking
regulations, but only whi le actively engaged in emergency
work. This includes police and fire vehicles, and public and
private ambulances.
Government employees driving private vehicles with official
placards and on official business are not required to pay to
park, but must park legally.
4.3 City Vehicles
Vehicles registered to the city of Vernon are exempt from many
parking regulations. They may park in permit and metered
areas but are not exempt from no stopping, fire access, or
disabled zones. City vehicles are identified by an "E"
license plate.
39
~ ',,
5.0 DISABLED PARKING: CVC section 22507.8, etc.
Following is a summary of rights and responsibilities of
disabled drivers along with potential problems associated with
disabled parking.
5.1 Requirement To Obtain California Disabled Plate And/Or Placard
The Department of Motor Vehicles requires an applicant for a
disabled plate or placard to submit a certificate signed by
a physician, chiropractor, ophthalmologist, optometrist or
surgeon stating the disability. Loss of limbs or any other
limiting disability that can easily be seen if the disabled
person applies in person at the Department of Motor Vehicles
does not require a doctor's certificate.
5.2 Description
The placard I s size and color are determined by the DMV.
Permanent placards are renewed bi-annually, with an expiration
date of June 30th, during odd numbered years. Temporary
placards have an exact expiration date (month-day-year).
Placards have no grace period.
The dimensions of the present permanent disabled placard is 5"
x 8". The placard is red with white printing and border, and
is made of plastic. The dimensions of the present temporary
disabled placard is 6" x 12". The placard is blue with black
printing and border, and made of thick construction paper.
The temporary placard states "Temporary Parking Placard."
Xerox copies of either placard are not valid; therefore, they
are not acceptable.
A disabled license plate is identified by the letters DP or DV
appearing before the numbers on the plate (DP= Disabled
Person, DV= Disabled Veteran) .
Environmentallpersonalized license plates will have a "DP"
sticker affixed on the license plate, to the right of the
month indicating disabled person. This sticker indicates that
the vehicle owner is entitled to disabled parking privileges.
All disabled person placards have an identification number,
and each recipient of a placard issued by California is given
an identification card with the corresponding number. Each
person issued a placard must carry his or her identification
card and, if requested by a peace officer, he or she must
present it.
Most disabled persons choose the disabled placard as their
means of identif ication. wi th the placard there is more
flexibility, since the placard can be placed in any vehicle
40
..
.
that the disabled person will be riding in or driving. The
Department of Motor Vehicle~ does not have a preference on
placard versus license plate. DMV informs the applicant of
the correct location to place the placard, so that it can be
clearly visible to all law enforcement officers. The placard
shall be placed on the dashboard on the driver's side of the
vehicle.
5.3 Issuance
The Department of Motor Vehicles tries to assure the issuance
of one placard per person. The exception is: organizations
and agencies responsible for transportation of disabled
persons may have a placard for each vehicle for the purpose of
transporting the disabled persons.
NOTE: There is no difference in the disabled person vehicle
license plates that are issued to passenger vehicles and the
disabled person vehicle license plates that are issued to
commercial vehicles. Further, when a commercial vehicle
displays either a disabled plate or the disabled person
placard, the vehicle is entitled to all parking privileges
permitted under California state law.
5.4 Parkinq Privileqes
Disabled personslveterans whose vehicle displays a qualifying
disabled person plate or placard shall be allowed to park in:
(a) any metered space without being required to pay any
meter fees
(b) specially reserved disabled person parking spaces
(c) green zones for an unlimited time
(d) time limit zones for unlimited times, but not during
times when no parking is allowed.
NOTES:: Only the person to whom the disabled person placard
was issued or someone transporting the disabled person may
legally use the placard. Proof that a person was engaged in
transporting a disabled individual while properly displaying
the disabled plate or placard would constitute a valid defense
for the above mentioned exempted violations. without such
proof the citation may not be dismissed.
Vehicles displaying distinguishing disabled license plates or
placards issued by jurisdictions outside of the state of
California are allowed the same parking privileges as disabled
persons or veterans of the state of California. These
individuals are also subject to the same requirements of proof
to dismiss a citation.
Disabled persons cannot park in zones ln which the stopping,
41
~
standing, or parking of all vehicles is prohibited.
with the exceptions just noted, vehicles with the disabled
designation may receive an citation for failing to adhere to
parking regulations. In such a case, the hearing examiner
must use discretion in determining whether the particular
handicap of the respondent, in conjunction with the
surrounding circumstances, warrants dismissal of the citation.
These vehicles are not exempt from disabled person ramp
violations. The ramp is designed for access to all persons
requiring its use. Any vehicle parked
in front of a disabled person ramp denies access of the ramp
to others and should be cited.
6.0 TYPE OF VIOLATION
Parking citations may be classified as either a public safety
or a non-public safety violation. The hear ing examiners'
decisions may consider this distinction.
6.1 Public Safety
Public Grounds
Red Curb
outside of Marked Stall
Parked on a Crosswalk
Parked on Sidewalk
Double Parking
Parked in Front of Wheelchair Access Ramp
Parked on Wrong Side of Street
Disabled permitlLicense Plate Not Displayed
Parked in Alley
No Parking or Stopping
6.2 Non-Public Safety
White Curb
Yellow Curb
Expired Meter
Parked without Valid Permit Displayed
License Plate Missing
Current License Tab Not Displayed
NOTE: Public safety violations are classified as such because
they may pose a significant hazard to the general public.
Accordingly, a public safety violation should not be dismissed
unless it was precipitated by a bona-fide emerqency situation.
The circumstances surrounding the emergency should be such
that it would not be reasonable to expect the driver to search
42
,
.
for a legal parking space.
7.0 SEIZING OR BOOTING A VEHICLE
Vehicle Code Sections 22651(i) and 22651.7 allow the city to
seize or immobilize (boot) any vehicle that has been issued
five or more parking citations over a period of five or more
days which have not been resolved by the responsible party.
Partially paid citations are also included in determining
whether a vehicle is eligible for seizure. citations issued
to vehicles with an out-of-state registration count toward
eligibility for seizure 30 days after the issue date.
citations issued to vehicles with a California registration
count toward eligibility 50 days after issuance.
7.1 Towinq and Storaqe Fees
The owner of a vehicle that has been impounded for unpaid
parking citations will incur a towing charge and may also
incur storage fees. These fees are set by the City council
and are collected by the individual Official Police Garage
(OPG) that towed the vehicle.
7.2 Hearinqs on Seized Vehicles
Two options are available to a respondent whose vehicle has
been seized and who wants to contest the validity of parking
citations:
a. A respondent may decide to pay all of the citations
owed on the vehicle and schedule a hearing in the
future for those citations to be contested. The
vehicle will be released after the fines are paid and
the respondent will be given the opportunity to
challenge the validity of citations at the scheduled
hearing. The respondent will be entitled to a refund
of the fine paid for any citation that is dismissed as
a result of the hearing. However, since the towing
and storage fees are not subj ect for review in a
hearing, the fees will not be refunded even if the
citations are dismissed.
b. The respondent also has the option of contesting the
citations before obtaining a release of the vehicle.
It is the policy of the City to expedite the scheduled
hearing date for anyone whose vehicle has been seized.
If possible, the respondent will be scheduled for a
hearing the next day.
43
. '
~
~
7.3 Release of Seized Vehicles
A seized vehicle will only be released when the outstanding
citations charged to the seized vehicle, and any other vehicle
registered to the registered owner of the seized vehicle, have
been resolved by payment or administrative adjudication. If
the vehicle is towed to an Official Police Garage, it will
only be released when the responsible party presents a release
form obtained from the Police Department or Office of Parking
Violations which indicates that all outstanding citations have
been resolved, and upon settlement of the fees charged by the
garage.
44