HomeMy WebLinkAboutAgenda Report - October 19, 1994 (45)OR
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Policy & Procedures Relating to Administration of Parking
Citations
MEETING DATE: October 19, 1994
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible introduction of
Ordinance No. 1601 adding Lodi Municipal Code Chapter
10.58.
BACKGROUND INFORMATION: Effective July 1, 1993 parking citations were
decriminalized. The net effect of this change in the
law is that City parking citations will now be
processed within an admini3trative adjudication system
operated by the City.
In accordance with this change in the law (codified at Vehicle Code 540200 et.
seq.) the City must implement a program for conducting evidentiary citation
hearings to be presided over by a hearing examiner. This proposed ordinance
will help bring the City into compliance with these requirements.
FUNDING: Unknown.
Respectfully submitted,
-
Bob McNatt
City Attorney
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CCPARK.CIT/TXTA.01V
APPROVED ---- - ---- _.---- — _ �i
THOMAS A PETERSON rcrc ea n.ne:
City Ma -ager
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ORDINANCE NO. 1601
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
ADOPTING POLICY 6 PROCEDURES RELATING TO ADMINISTRATION
OF PARKING CITATION VIOLATIONS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Chapter 10.58 Policy and Procedures Relating to
Administration of Parking Citation Violations, is hereby added to the
Lodi Municipal Code to read as follows:
Chapter 10.58
Policy & Procedures Relating to Administration
of Parking Citation Violations
10.58.010 Purpose:
Effective July 1, 1993 Assembly Bill 408 codified as 340200 et
seq. of the Vehicle Code, decriminalized parking citations,
removed parking citation processing from the courts and
established a system of administrative adjudication for these
offenses.
In accordance with Assembly Bill 408, the City has assumed
responsibility for parking citation processing and hereby
implements a parking citation hearing examiner program as
provided in this chapter.
10.58.020 Traffic Hearing Examiner:
By resolution adopted pursuant to this chapter the City Council
shall designate a Traffic Hearing Examiner, for an indefinite
term, subject to removal by a majority vote of the Council. The
Traffic Hearing Examiner shall be a City employee qualified to
conduct the Administrative Review Hearing objectively and in
accordance with law. The Traffic Hearing Examiner's continued
employment, performance evaluation, compensation and benefits
shall not be directly or indirectly linked to the amount of fines
collected by the Traffic Hearing Examiner or the City;
10.58.030 Administrative Adiudication Mar:u 1:
It order to provide for the hearing and disposition of contested
cases involving parking violations of the California Vehicle Code
and the Lodi Municipal Code the Council by resolution shall adopt
an Administrative Adjudication Manual which will set forth the
policies and procedures for conducting Administrative Review
Hearings in accordance with all applicable law. The manual may
be amended by the Council from time to time by resolution.
10.58.040 Fee Schedule:
By resolution adopted pursuant to this chapter, the Council shall
adopt a schedule of penalties, administrative fees and any other
related charges. The schedule may be amended by the Council from
time to time by resolution.
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SECT199 2.- All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
5E(TION :L This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approvad this day of
JACK A. SIEGLOCK
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that Ordinance No. 1601 was introduced at a regular meeting of
the City Council of the City of Lodi held October 19, 1994 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held , 1994 by the following vote:
Ayes:
Council
Members -
Noes:
Council
Members -
Absent:
Council
Members -
Abstain:
Council
Members -
I further certify that Ordinance No. 1601 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORD1601/TXTA.01V
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JENNIFER M. PERRIN
City Clerk