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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SB 857 went into effect on December 7, 2010, and by its own terms, shall become inoperative on July 1, 2013, and is repealed as of January 1, 2014, unless a later enacted statute that becomes operative on or before January 1, 2014 that deletes or extends the dates on which it becomes inoperative and is repealed; and WHEREAS, any fine, penalty, or other monetary charge imposed by a local government as a result of a violation of law is explicitly exempted from the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