10.44.090 Fees to be paid for parking in municipal lots.
Except as specifically otherwise provided herein, no vehicle shall be parked in any municipal parking lot at any time without payment of the established fees. Except as otherwise provided herein, such fees shall be collected from all persons desiring to park vehicles in such facilities, including the officers and employees of the city, the state,
the United States of America, or any public or private firm or corporation, or any municipal, state or federal agency or any public district. No fee shall be charged to nor collected from any officer or employee of the city for the parking of a city-owned vehicle in an off-street parking facility at such times when such officer or employee is engaged in public business of the city. In addition, the city manager may authorize specified officers and employees of the city to park their private vehicles in designated off-street parking facilities during such times when the officers and employees are engaged in their official public duties.
All fees, rates and charges for the use of the facilities shall be collected in cash from the owner, operator or person in charge of the vehicle desiring to park. It is unlawful for any person to wilfully fail to pay the fees, rate and charges for the use of the municipal off-street parking facilities after having been given notice to pay.
No vehicle may be removed from any municipal parking lot until all fees, rates and charges have been paid and discharged, except as provided in subsections A and B of this section:
A. In the event that the person operating a vehicle parked in any municipal parking lot attempts to remove the vehicle from the lot but is unable to pay all fees, rates and charges due at such time, such person shall, prior to removing such vehicle from the lot, be required to sign an agreement to pay any unpaid fees, rates and charges. A copy of such agreement shall be given to the person signing the agreement. Such agreement shall set forth the location of the lot, the date and approximate time that the vehicle is removed, the name of such person, the vehicle license number, the registration expiration date, if visible, the last four digits of the vehicle identification number, if available, the color of the vehicle, and, if possible, the make of the vehicle. Such agreement shall require payment to the city of all unpaid fees, rates and charges, plus a processing fee in an amount established by resolution of the city council, no later than seven days after the agreement is signed, and shall indicate the address to which payment may be delivered or sent. If full payment is not made within such seven-day period, the parking manager shall mail a notice of late payment to the vehicle's registered owner. Such notice shall require payment to the city of the unpaid fees, rates and charges, and processing fee, plus a late payment fee in an amount established by resolution of the city council, no later than seven days after the date of such notice. In the event that such amount is not fully paid within such seven-day period, a notice of parking violation, requiring payment of a penalty in an amount established by resolution of the city council, shall be mailed to the vehicle's registered owner. The above agreement shall include a reference to this section.
B. When any vehicle remains parked in a municipal parking lot at the close of such lot's hours of operation, the lot attendant shall record the location of the lot, the date and approximate time, the vehicle license number, the registration expiration date and the last four digits of the vehicle identification number, if visible, the color of the vehicle, and, if possible, the make of the vehicle. An envelope shall be attached to the vehicle requesting that all fees, rates and charges due be deposited in an identified deposit slot before the vehicle is removed from the lot. In the event that full payment is not deposited and collected from the deposit slot within the next three days of lot operation, a processing fee in an amount established by resolution of the city council shall be added to the amount due. In the event that full payment of the unpaid fees, rates and charges and processing fee is not deposited and collected from the deposit slot within seven days thereafter, the parking manager shall mail a notice of late payment to the vehicle's registered owner. Such notice shall require payment to the city of the unpaid fees, rates and charges, and processing fee, plus a late payment fee in an amount established by resolution of the city council, no later than seven days after the date of such notice. In the event that such amount is not fully paid within such seven-day period, a notice of parking violation, requiring payment of a penalty in an amount established by resolution of the city council, shall be mailed to the vehicle's registered owner. The envelope attached to the vehicle shall include a reference to this section.
By entering a municipal parking lot and parking a vehicle in such lot, the owner, operator or person in charge of such vehicle shall be deemed to have consented to the provisions of subsections A and B of this section. Any notices required to be mailed under subsections A and B of this section, shall be deemed served on the day that they are deposited in the U.S. mail, first class, postage prepaid. The issuance and review of notices of parking violation and delinquent parking violation, and the liability for and payment and collection of parking violation penalties, shall be governed by Sections 40200 et seq., of the California Vehicle Code and Chapter 10.56 of this title. (Prior code § 25.09.157)
