Ordinance 2771CITY OF ALAMEDA ORDINANCE NO.
2771
New Series
AMNDING TH ALAMDA MUCIPAL CODE BY ADDING
A NEW SECTION 8-12 (RULES OF PROCEDUR GOVERNG
THE CONTEST OF PARKG CITATIONS AND EQUIPMENT
VIOLATIONS) TO CHATER XIII (TRAFIC AND MOTOR
VEHICLES)
WHREAS , Division 18 , Aricle 3 , sections 40200 et seq. of the Californa Vehicle
Code provide tht violations of regulations for the parking and stading of vehicles are not subject
to criminal penalties and shall be enforced by civil penalties , and
WHREAS , Vehicle Code section 40215 provides the method for contesting a
citation for unawfl parking and stading of vehicles , and
WHREAS , Vehicle Code section 40225 provides tht equipment violations may be
processed in the same maner as parking and stading violations , and
WHEREAS , it is the intention of the City Council of the City of Alameda to
promulgate reguations for the contest of parkig, stading and equipment violations in accordance
with California Vehicle Code section 40215; and
WHEREAS , while the City of Alameda may elect to contract the processing of
citations or to conduct its own processing of these citations , the City Council of the City of Alamed
elects to process parkig, stading and equipment violations with its own personnel.
NOW, THREFORE, theCity Council of the City of Alameda does ordain as
follows:
Section 1 The Alameda Muncipal Code is hereby amended by adding a new
section 8-12 (Rules of Procedure Governng the Contest .0fParkig Citations and Equipment
Violations) to Chapter XIII (Traffc and Motor Vehicles) thereofto read:
Rules of Procedure Governing the Contest of Parkig Citations and Equipment
Violations
12.Purpose.
The purpose of these procedures is to provide a method of contesting parking
violations and equipment violations consistent with the provisions of Californa Vehicle Code
section 40215.
g:\ORDINANC\ AR.VIO
12.Definitions.
Finance Department shall mean the Finance Director or his or her representatives.
Traffc Sergeant shall mean the Traffc Sergeant of the Alameda Police Deparment
or his or her designated representatives.
Examiner shall mean the person who conducts the administrative hearing pursuant
to section 8-12.5(g) and wh? shall have a mium of twenty hours of training in compliance with
Vehicle Code 40215(c)(4)(B).
12.Request for Initial Review.
a. Time to Make Request.Any person receiving a parking citation or an
equipment violation entered on a Notice of Parkig violation may request an initial review of the
citation by makng a request not later than twenty-one (21) calendar days from the issuace of the
notice of parkig violation or not later. than foureen (14) days from the mailing of a notice of
delinquent parkig violation.
b. Maner of Makng Request.Any person makg a request for an Initial
Review may do so either by telephone , wrtten.request orin person. The.requestmust be made
the City of Alameda Finance Deparent , .2263 Santa Clara Avenue , Room 220 , telephone (510)
748-4620.
c. Intial Review: Cancellation of Citation. Anlnitial Review shall be conducted
upon a request properly made. The Notice of Parkig Violation or Notice of Delinquent Parkig
Violation may be canceled if the Initial Review determes that:
The violation did not occur.
The registered owner was not responsible for the violation.
There-are--eXteiiiltingcITcumstaces\vhich-make-aismissal of the
citation appropriate in the interests of justice.
d. Notification of Determination of Initial Review.Withn five days of the
detennation of the intial review, the Finance Deparent shall notify the person in wrting of the
results of the Initial Review. The initial review shall be conducted by the Traffc Sergeant .of the
Alameda Police Deparent.
g:\ORDINANC\ AR.VIO
12.4 Request for Administrative Hearing.
a. Time to Request Hearng . If the person requesting the Initial Review is
dissatisfied with the result, such person may request an administrative hearng of the violation no
later than twenty-one (21) calendar days followig the mailing of the Notification of Determination
ofInitial Review pursuat to subsection 8-12.3(d).
b. Manner of Requesting Administrative Hearng . An administrative hearng
maybe requested in the maner set forth in subsection 8-12.3(b). At the time the request is made
the person requesting the hearg shall choose whether the hearng wil be by mail or in person. In
the event the person fails to make a choice , the hearng will be in person.
c. DepositofPenal1y . The person requesting the administrative hearng shaH
deposit the full amount of the penalty at the same time the request for administrative hearg is
made, uness such person is excused therefrom by obtainig an advance hardship waiver pursuat
to section 8-12.4(d) of these Rules of Procedure. Failure to deposit the full amount ofthe penalty
withn the time proscribed herein shall result in the forfeitue of the right to an admnistrative
heang. The amount. of the penalty. shall be deposited with the Finance Deparent.
d. Advance Hardship Waiver: Application: Contents . Any person who intends
to request a hearng to contest that there Was a parkig violation or an equipment violation or that
. they are not the responsible par, and who is fiancialy unable to make the advance deposit of the
penalty as provided in section 8-12.4(c) may request a waiver at the time the request for the
admsttive heag isfiedby completig and filing with the Fince Deparent an application
for an Advance Hardship Waiver. The application shall conta the following information:
1. A sworn afdavit or declaration by the person stating that he or she
is unable to pay the penalty prior to the adminstrative heangandstting the reasons therefor.
2. Such supporting documents or materials demonstrating to the
satisfaction of the Finance Deparent the person s actu fmancial inabilty to deposit the full
amount of the penalty in advance of the hearg.
e. Advance Hardship Waiver: Stay of Deposit: Determination of Waiver. The
requiement of depositig the ful amount of the penalty shall be stayed uness or until the Finance
Deparent makes a determation not to issue the advance hardship waiver. Upon a finding that
the affidavit, declaration and supporting materials demonstrate the actual financial inabilty of the
person to deposit the ful amount of the penalty in advance of the hearng, the Finance Deparent
may waive the requirement of the advance deposit of the full amount of the penalty as provided for
in subsection 8-12.4 (c).
f. Advance Hardship Waiver: Determination to be in Writing.The Finance
Deparent shall issue its detennation in wrting with ten (10) days of the request for an advance
hardship waiver. If the Finance Deparment determines not to grant the advance hardship waiver
the reasons therefor shall be stated in the wrtten notice of determnation. The notice shall be mailed
to the person requesting the advance hardship waiver by United States Mail , first class , postage
prepaid. The determination of the Finance Deparment is final. If the request for an Advance
Hardship Waiver is denied , the par requesting the waiver must deposit the full amount of the
penalty with the Finance Deparent within five (5) days of notification of the denial.
12.Hearing Procedure.
a. No Hearing Without Deposit.No hearing to contest a Notice of Parking
Violation, Notice of Delinquent Parkig Violation or Notice of Equipment Violation shall be held
uness the fie has been deposited in advance in accordace with subsection 8-12.4(c )or an advance
hardship waiver has been issued in accordance with subsection 8-12.4(d).
b. Hearing Date: Notice of Hearng . The hearing date shall not be more than
niety (90) days from the date that the request for hearng is filed in accordance with the provision
of the Rules.ofProcedure. The Examiner shall serve wrttennotice of the time , date and place of
hearg in person or by fist class mail. The hearg date shall not be less than fifteen(15) days from
the date of mailing.
Minors.Miors may represent themselves without the necssity of appointing
a gudian.
d. Alternate Hearng Procedurs . The hearg may be conducted by mail or in
person. If the person desires a hearg by mail , he shall deposit his declaration with the Finance
Deparent at leat two (2) business days before the administrative hearg.
e. Citation Prima Facie Evidence . The Notice of Parkig Violation or a copy
thereof shall constitute pria facie evidence of the facts .contaned therein , and the offcer need not
preserifa.fthenearg-;aidiioothel"evidenceis reqUiied. .
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f. Continuances . The person requestg the heag or.the Examer may request
one continuance not to exceed twenty-one (21) calendar days.
Conduct of a Administrative Hearng
(1) The Examiner shall receive the citation into evidence and shall
ascertin that the defendant has tre copy.
(2) The Examner shall permt the defendant to call any witnesses on his
or her behalf and may examine them at the conclusion of their testimony.
(3) The Examiner may examine the physical site where the violation
occured if the Examiner determines that to do so would be in the interest of justice. The defendant
may be present durng the examination. The Examiner may continue the case to make such
examination.
(4) The offcer or person issuing the Notice of Parking Violation or
Equipment Violation is not required to be present at the hearg. The City of Alameda does not have
to produce evidence other than thc Notice of Parking Citation or Equipment Violation or a copy
thereof and inormation received form the Deparment of Motor Vehicles identifying the owner of
the vehicle. The documentation in proper form shall be pria facie evidence of the violation.
(5) The hearng shall bean independent, objective , fair and imparial
review of the contested parkig violation.
h. Conduct of Heang by Mail.The Examer shall consider all relevant wrtten
evIdence and make his or her determtion with ten (10) calendar days ITom receipt of the request
for hearng by mail.
i. Notice of Decision . The Examer s decision followig the adminstrative
hearg or heag by mail shall be delivered to the person by the Examner or sent first class mail.
Followig a determtion by the Examer, the Examer may allow for deferred payment, or allow
payment in inlments if the person provides evidence satisfactory to the Finance Deparent of
an inabilty to pay the amount in ful.
12.Appeal to Municipal Court. Withn th (30) days of personal delivery or afer
mailing the Examer s decision pursuat to subsection 8-12.5 (f), any person found to be in
violation may seek review of the Muncipal Cour by filing an appeal. If an appea is fied , a copy
of the notice of parkig violation or an abstact contag the inormation set fort in the notice of
parkig violation shall constitute pria facie evidence of the facts stted therein. Any appeal to the
Muncipal Cour shall be governed by Vehicle Code section 40230 as that section now exist or may
be amended.
Section 2.If any section, subsection, sentence , clause , or phrase of ths ordinance
, for any reason, held to be invalid or unconstitutional , such decision shall not affect the validity
or constitutionality of the remaig portions of ths ordinance. The City Council of the City of
Alameda hereby declares that it wOllld have passed ths ordinance, and each section , subsection
clause or phre hereof, irespective of the fact that anyone or more sections , subsections , sentences
clauses and phrases are declared to be invalid or unconstitutional.
Section 3 This ordinance shall be in full force and effect from and after the
expiration of thirt (30) days from the date of its final passage.
City Clerk
, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day
of July , 1998 , by the fol1owing vote to wit:
AYES:Counci1members Daysog, DeWitt , Lucas and
President Appezzato - 4.
NOES:None.
ABSENT:Councilmember Kerr - 1.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City
this 22nd day of July , 1998.
jfth Jll
Diane Fe1sch , City Clerk
City of Alameda