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Resolution 2011-07 RESOLUTION NO. 2011-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESCINDING RESOLUTION 2009-10 AND ESTABLISHING NEW PROCEDURES AND PENALTIES FOR PARKING VIOLATIONS AND LATE PAYMENT 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 April 6, 2009, the City Council adopted Resolution 2009-10, entitled "A Resolution of the City Council of the City of Gilroy Rescinding Resolution 95-77 and Establishing New Procedures and Penalties for Parking Violations and Late Penalty Penalties;" and WHEREAS, Senate Bill No. 857 amended subdivision (.3) of Government Code section 76000 to increase the surcharge on parking fines by $3.00 through June 30, 2013; 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 recover the State parking penalty surcharge; and NOW, THEREFORE, BE IT RESOLVED that: Section 1. Resolution 2009-10 is hereby rescinded and shall be null and void. Section 2. 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. 2011-07 City of Gilroy Nature Municipal Code of Section Violation Type Penalty 15.52 GMC Park in Parkways Standard $43 15.53(b) GMC Roadway Repair Prohibited Standard $43 15.55(a) GMC Non-Operational Vehicle on Street/Alley Standard $43 15.55(b) GMC Detached Trailer on Street/Alley Prohibited Standard $43 15.56 GMC Angle Parking Prohibited Standard $43 15.57 GMC Angled Parking Outside Lines Standard $43 15.59 GMC Narrow Street "No Parking" Sign Posted Standard $43 15.60(1) GMC W/ln 5' Feet of Intersection Standard $43 15.60(2) GMC "No Parking" by Sign or Marking Standard $43 15.60(3) GMC "No Parking" W/out Residential Permit Standard $57 15.60-1 GMC Park Across/Outside White Painted Space Standard $43 15.61 GMC Vendor - Park Longer Than 10 Minutes Standard $43 15.62 GMC Oversized Vehicles, >48 Hours in 14 Days Standard $43 15.63 GMC Vehicle For Hire, Park W/Out Permit Standard $43 15.66 GMC Violate Emergency Temp Parking Signs Standard $43 15.67 GMC Parking Over 72 Hours Standard $43 15.68 GMC Parking Commercial Vehicle in Residential Standard $43 15.69 GMC Street Parking - Posted Time Limit Standard $43 15.75 GMC Public Parking Lot - Time Limit Standard $43 15.76 GMC Public Parking Lot - Outside Lines Standard $43 15.81 GMC Parking Lot - HouselTruck Trailer Prohibited Standard $262 15.91 GMC Painted Curb Standard $43 15.94 GMC Alley Parking Standard $43 15.99 GMC Commercial Bus Zone Only Standard $281 15.99-1 GMC School Bus Zone Only Standard $281 15.99-2 GMC Private/City Property - Posted Signs Standard $43 15.101 GMC Off Truck Route Standard $81 15.113 GMC Parking of Inoperable Vehicles(Private Prop) Standard $43 -2- Resolution No. 2011-07 California Nature Vehicle Code of Section Violation Type Penalty 4462(b) CVC Proof Of Registration - Improper Use Standard $43 21113(a) CVC ParklTrespass: Public Grounds/School Standard $43 22500(a) CVC Parked Within Intersection Standard $43 22500(b) CVC Parked on Crosswalk Standard $43 22500(c) CVC Parked Between Safety Zone -Red Standard $43 22500( d) CVC W/ln 15' of Fire Station Driveway Standard $43 22500( e) CVC Block Driveway: Public or Private Standard $47 22500(f) CVC Park on Sidewalk Standard $43 22500(g) CVC Park Obstructing Traffic Standard $43 22500(h) CVC Double Parking Standard $43 22500(i) CVC Parked in Load/Unload Zone Standard $281 225000) CVC Parked in TunnellTube Standard $43 22500(k) CVC Parked on Bridge Standard $43 22500(1) CVC Parked in Front of Wheelchair Ramp Handicapped $306 22500.1 CVC Parked in Fire Lane Standard $56 22502(a) CVC Rt. Wheels W/ln 18" of Curb Standard $43 22504(a) CVC Parked - Unincorporated Area Standard $43 22505(b) CVC State Hwy: Park Violate Posted Sign Standard $43 22507.8(a) CVC Handicapped Parking Handicapped $306 22507.8(b) CVC Block/Obstruct Handicapped Stall Handicapped $306 22507.8(c) CVC Handicapped Crosshatched Loading Area Handicapped $306 22514 CVC Wlln 15' of Fire Hydrant Standard $56 22515(a) CVC Unattended Vehicle - Stop Motor Standard $43 22515(b) CVC Unattended Vehicle - Set Breaks Standard $43 22521 CVC W/ln 7.5' Feet of Railroad Track Standard $43 22522 CVC Sidewalk Handicapped Ramp Handicapped $306 22523(a) CVC Abandoned Vehicle: Highway Standard $108 22523(b) CVC Abandoned Vehicle: Public/Private Prop Standard $108 22526(a) CVC Anti-Gridlock - Block Intersection Standard $111 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.") $3 $10 $25 $25 $35 triple amount of check -3- Resolution No. 2011-07 PASSED AND ADOPTED by the City Council of the City of Gilroy this 7th day of February, 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: /; ~ - ---::::> b Pinheiro, Mayor -4- Resolution No. 2011-07 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-07 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 7th day of February, 2011, 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 8th day of February, 2011. Jt~~~ Shawna Freels, CM~ City Clerk of the City of Gilroy (Seal)