Resolution 2009-10
RESOLUTION NO. 2009-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
RESCINDING RESOLUTION 95-77 AND ESTABLISHING NEW
PROCEDURES AND PEANALTIES FOR PARKING VIOLATIONS AND
LATE PENALTY PENALTIES
WHEREAS, State law authorizes the City to recover parking penalties for parking
violations, late payment penalties, administrative fees, and other related charges for parking
violations; and
WHEREAS, section 40203.5 of the California Vehicle Code authorizes a city to establish a
schedule of parking violation penalties and late payment penalties for parking citations issued under
its jurisdiction and requires "to the extent possible" that jurisdictions within a county standardize
parking penalty rates; and
WHEREAS, on or about October 30, 1995, the City Council adopted Resolution 95-77,
entitled "A Resolution of the City Council of the City of Gilroy Establishing Penalties for
Parking Violations;" and
WHEREAS, Senate Bill No. 1407 amended subdivision (b) of Government Code section
70372 to increase the "State Court Construction Penalty" surcharge on parking fines by $3.00 from
$1.50 to $4.50; and
WHEREAS, as a result of the review by the City of Gilroy Police Department, it was
determined that an increase in the penalty amounts for certain violations in the City was required in
order to achieve standardization with other public entities within the County of Santa Clara and to
recover the State Court Construction Penalty Surcharge; and
NOW, THEREFORE, BE IT RESOLVED that:
Section 1.
Section 2.
Resolution 95-77 is hereby rescinded and shall be null and void.
Schedule of Parking Penalties
The following penalties are hereby established for violations of City of Gilroy Municipal
Code and California Vehicle Code regulations:
-1-
Resolution No. 2009-10
City of Gilroy Nature
Municipal Code of
Section Violation Type *Penalty
15.52 GMC Park in Parkways Standard $40
15.53(b) GMC Roadway Repair Prohibited Standard $40
15.55(a) GMC Non-Operational Vehicle on StreeUAlley Standard $40
15.55(b) GMC Detached Trailer on StreeUAlley Prohibited Standard $40
15.56 GMC Angle Parking Prohibited Standard $40
15.57 GMC Angled Parking Outside Lines Standard $40
15.59 GMC Narrow Street "No Parking" Sign Posted Standard $40
15.60(1) GMC Wlln 5' Feet of Intersection Standard $40
15.60(2) GMC "No Parking" by Sign or Marking Standard $40
15.60(3) GMC "No Parking" W/out Residential Permit Standard $54
15.60-1 GMC Park Across/Outside White Painted Space Standard $40
15.61 GMC Vendor - Park Longer Than 10 Minutes Standard $40
15.62 GMC Oversized Vehicles, >48 Hours in 14 Days Standard $40
15.63 GMC Vehicle For Hire, Park W/Out Permit Standard $40
15.66 GMC Violate Emergency Temp Parking Signs Standard $40
15.67 GMC Parking Over 72 Hours Standard $40
15.68 GMC Parking Commercial Vehicle in Residential Standard $40
15.69 GMC Street Parking - Posted Time Limit Standard $40
15.75 GMC Public Parking Lot - Time Limit Standard $40
15.76 GMC Public Parking Lot - Outside Lines Standard $40
15.81 GMC Parking Lot - HouselTruck Trailer Prohibited Standard $259
15.91 GMC Painted Curb Standard $40
15.94 GMC Alley Parking Standard $40
15.99 GMC Commercial Bus Zone Only Standard $278
15.99-1 GMC School Bus Zone Only Standard $278
15.99-2 GMC Private/City Property - Posted Signs Standard $40
15.101 GMC Off Truck Route Standard $78
15.113 GMC Parking of Inoperable Vehicles(Private Prop) Standard $40
-2-
Resolution No. 2009-10
California
Vehicle Code
Section
Nature
of
Violation
Type
*Penalty
4462(b) CVC
21113(a) CVC
22500(a) CVC
22500(b) CVC
22500(c) CVC
22500( d) CVC
22500(e) CVC
22500(f) CVC
22500(g) CVC
22500(h) CVC
22500(i) CVC
22500(j) CVC
22500(k) CVC
22500(1) CVC
22500.1 CVC
22502(a) CVC
22504(a) CVC
22505(b) CVC
22507.8(a) CVC
22507.8(b) CVC
22507.8(c) CVC
22514 CVC
22515(a) CVC
22515(b) CVC
22521 CVC
22522 CVC
22523(a) CVC
22523(b) CVC
22526(a) CVC
Proof Of Registration - Improper Use
ParklTrespass: Public Grounds/School
Parked Within Intersection
Parked on Crosswalk
Parked Between Safety Zone -Red
Wlln 15' of Fire Station Driveway
Block Driveway: Public or Private
Park on Sidewalk
Park Obstructing Traffic
Double Parking
Parked in Load/Unload Zone
Parked in TunnellTube
Parked on Bridge
Parked in Front of Wheelchair Ramp
Parked in Fire Lane
Rt. Wheels W/ln 18" of Curb
Parked - Unincorporated Area
State Hwy: Park Violate Posted Sign
Handicapped Parking
Block/Obstruct Handicapped Stall
Handicapped Crosshatched Loading Area
W/ln 15' of Fire Hydrant
Unattended Vehicle - Stop Motor
Unattended Vehicle - Set Breaks
Wlln 7.5' Feet of Railroad Track
Sidewalk Handicapped Ramp
Abandoned Vehicle: Highway
Abandoned Vehicle: Public/Private Prop
Anti-Gridlock - Block Intersection
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Handicapped
Handicapped
Handicapped
Standard
Standard
Standard
Standard
Handicapped
Standard
Standard
Standard
DMV Hold Fee
Handicapped parking dismissal fee for lack of display of placard
Late Fee Penalty
(If the payment of a penalty is not made in person or by mail or by other means
designated by the City of Gilroy at a place designated by the City of Gilroy within
twenty-one (21) calendar days of the date of issuance of the citation or within
fourteen (14) calendar days from the mailing of the notice of delinquent parking
violation)
Returned Check Fee (First)
Returned Check Fee (Subsequent checks)
Returned Check Fee (If under CVC 1719. (a)(2) "mailed by certified mail.")
$40
$40
$40
$40
$40
$40
$44
$40
$40
$40
$278
$40
$40
$303
$53
$40
$40
$40
$303
$303
$303
$53
$40
$40
$40
$303
$105
$105
$108
$3
$10
$25
$25
$35
triple
amount of check
* Future updates to the amount of violation will be reflected in the annual Comprehensive Fee Schedule.
-3-
Resolution No. 2009-10
Section 3. Future Revisions to the Schedule of Parking Penalties
Future Revisions to the Schedule of Parking Penalties will be incorporated into the annual
comprehensive fee schedule revision.
PASSED AND ADOPTED this 6th day of April, 2009, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~
.- Albert Pinheiro, Mayor
ATTEST:
-4-
Resolution No. 2009-10
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2009-10 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 6th day of April, 2009, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this ih day of April, 2009.
^,..
Sha~na Freels, CMC
Ci~y Clerk of the City of Gilroy
(Seal)