Res 10-071RESOLUTION NO. 10 -071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, APPROVING INCREASED PENALTIES FOR VIOLATIONS
OF SPECIFIED SECTIONS OF THE CITY OF POWAY MUNICIPAL
CODE AND CALIFORNIA VEHICLE CODE
WHEREAS, the City of Poway ( "City ") bears costs associated with the issuance,
processing, and adjudication of parking citations; and
WHEREAS, the City has adopted parking ordinances to regulate the stopping,
standing, and parking of motor vehicles in the City; and
WHEREAS, in order to enforce the City's parking ordinances, the City Council has
established a fee schedule of fines and penalties for violations of parking laws; and
WHEREAS, state law requires that the City remit to the County of San Diego a portion
of all penalties and fines collected as a result of violations of parking laws, for the purpose of
funding various public funds and facilities; and
WHEREAS, on October 8, 2010, the State Legislature approved, and Governor
Schwarzenegger signed into law, as part of The Budget Act of 2010, Senate Bill ( "SB ") 857,
adding section 76000.3 to the California Government Code to increase the amount that the
City shall pay to the County Treasurer, for deposit in the Trial Court Trust Fund, for each
parking violation by three dollars ($3.00); and
WHEREAS, SB 857 went into effect on December 7, 2010, and by its own terms, shall
become inoperative on July 1, 2013, and is repealed as of January 1, 2014, unless a later
enacted statute that becomes operative on or before January 1, 2014 that deletes or extends
the dates on which it becomes inoperative and is repealed; and
WHEREAS, any fine, penalty, or other monetary charge imposed by a local
government as a result of a violation of law is explicitly exempted from the definition of "tax"
under Article XIII C section 1(e)(5) of the California Constitution; and
WHEREAS, the City of Poway desires to increase its penalties to reflect the newly
imposed remittance amount of three dollars ($3.00), said increase to be in effect for the period
of time that the terms of California Government Code section 76000.3 remain operative.
NOW, THEREFORE, the City Council of the City of Poway, California, does resolve as
follows:
1. Civil penalties for violation of specified sections of the City of Poway Municipal
Code and the California Vehicle Code are hereby amended by increasing the
amount of a citation issued and paid by three dollars ($3.00) per citation.
Resolution No. 10 -071
Page 2
2. That the new penalty amount column of the following fee schedule, a copy of
which shall be maintained on file in the Office of the City Clerk, is hereby
adopted for the purpose of imposing standardized penalties for parking
violations.
California Vehicle
Current
New Penalty
Code Sections
Description
Penalty
Amount + $3 Court
Amount
Surcharge
4000 (a)
Registration
$50.00
$53.00
4464 (b)
Registration /wrong vehicle
$100.00
$103.00
5200
Plates (front/back required)
$30.00
$33.00
5201
Positioning of plates
$30.00
$33.00
5204 (a)
Tabs
$30.00
$33.00
9400
Commercial veh. /weight fees
$130.00
$133.00
due
21113 (a)
Vehicle or animal on public
$25.00
$28.00
grounds
21211
Bike Lane
$35.00
$38.00
22500(a)
Intersection
$25.00
$28.00
(b)
Crosswalk
$25.00
$28.00
(c)
Red Curb
$25.00
$28.00
(d)
Fire station driveway
$25.00
$28.00
(e)
Driveway
$25.00
$28.00
(f)
Sidewalk
$25.00
$28.00
(g)
Obstructing traffic
$25.00
$28.00
(h)
Double parking
$25.00
$28.00
(1)
Bus zone
$250.00
$253.00
0)
Tube or tunnel
$25.00
$28.00
(k)
Bridge
$25.00
$28.00
(1)
Blocking disabled zone /curb cut
$275.00
$278.00
22500.1
Fire lane
$35.00
$38.00
22502
18" from curb /wrong way parking
$25.00
$28.00
222507.8
Disabled person space /blocking
$330.00
$336.00
access/ on lines
22509
Parking on hills
$3500
$38.00
22514
Fire hydrant
$25.00
$28.00
Resolution No. 10 -071
Page 3
Poway Municipal
Current
New Penalty Amount
Code
Description
Penalty
+ $3 Court Surcharge
Amount
22515
Unattended vehicle
$25.00
$28.00
22516
Locked vehicle /passenger inside
$35.00
$38.00
22517
Open /close doors in traffic
$35.00
$38.00
22520
Stopping on freeway
$25.00
$28.00
22520.5
Vending from freeway
$35.00
$38.00
22521
Less than 7.5 ft. from RR tracks
$25.00
$28.00
22522
3 ft. from handicapped ramp
$275.00
$278.00
22523
Abandoned vehicle
$100.00
$103.00
22526
Blocking intersection
$50.00
$53.00
23226
Store open container /passenger
$35.00
$38.00
comp.
23333
Stop /park in vehicle crossing
$25.00
$28.00
24003
Vehicle with unlawful lighting
$30.00
$33.00
device
24401
Dimmed lights on parked
$30.00
$33.00
vehicles
24604
Lamp or flag on projections
$30.00
$33.00
24607
Reflectors on rear
$30.00
$33.00
24608
Reflectors on front and sides
$30.00
$33.00
25250
Unlawful flashing lights
$30.00
$33.00
25251
Flashing lights required
$30.00
$33.00
25300
Warning device /disabled, parked
$30.00
$33.00
veh.
26451
Set parking brake
$30.00
$33.00
27155
Fuel tank caps
$30.00
$33.00
10.28.040
Parking /narrow streets
$25.00
$28.00
10.28.090
Obstructing use of street
$40.00
$43.00
10.28.030
One - way /18" from curb
$25.00
$28.00
10.28.230
Only bus to use bus zone
$40.00
$43.00
10.48.020
Posted private property
$50.00
$53.00
10.28.130
Storage on street/over 72 hours
$50.00
$53.00
10.28 140
Wash /wax vehicle
$25.00
$28.00
Resolution No. 10 -071
Page 4
Municipal Code violations not listed:
Administrative towing charge
$35.00 $38.00
$70.00 $73.00
PENALTY INCREASE: Double after 30 days except penalties of $250 or more — plus $10 when DMV
hold placed.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Poway, California, held on the 21st day of December, 2010.
Don Higginson, Mayor
ATTEST:
Linda ' A oyan, MMC, City Clerk
Resolution No. 10 -071
Page 5
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 10 -071 was duly adopted by the City
Council at a meeting of said City Council held on the 21 day of December, 2010, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM (teleconference), HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Troyan, MMC, City Clerk
L/ Cit of Poway