It is the purpose of this chapter to establish procedures and
fees for controlling parking of vehicles.
(Ord. 93-09)
A. Enforcement. Every peace officer, every City employee, and every designee of the City Council charged with enforcement of the provisions of Chapter
14.40 of this Code relating to illegal parking, the provisions of the California
Vehicle Code, and the other laws of the state applicable to parking violations within the City, shall have the duty, when any vehicle is illegally parked, to issue written parking violation notice thereof stating the vehicle license number and registration expiration date, the last four digits of the vehicle identification number (if visible), the state, the make of such vehicle, the color of the vehicle, the approximate time and date of such illegal parking, street location, and a reference to the appropriate section of the code violated and a procedure to deposit the parking penalty or contest the notice. Such notice shall be attached in a conspicuous place upon the vehicle so as to be easily observed by the person in charge of such vehicle upon return thereto.
B. Penalties.
The penalties for violations of the provisions of this title, as well
as provision of the California
Vehicle Code, regulating or restricting
stopping, standing and parking of vehicles shall be established by
resolution of the City Council. Such penalties shall be established
pursuant to California
Vehicle Code Section 40203.5.
The penalties established by the City Council shall include
all applicable state surcharges for parking violations pursuant to
the California
Government Code.
The owner or operator may mail such payments, payable to the
City of Encinitas within the time established herein, but shall be
responsible for delivery. In addition, payments may be mailed to the
City's parking processing center as noted on the reverse side of the
parking violation notice.
From time to time, city staff shall recommend appropriate penalties
to the City Council for adoption. To the extent feasible, the City
Council will establish penalties in an amount that will standardize
parking penalties with other agencies in San Diego County as recommended
by Section 10203.5 of the California
Vehicle Code. The penalty will
double for payments made after 21 days from the date of issuance of
the parking violation notice.
C. Failure
to Pay. Failure to pay the appropriate penalty as established by the
City Council resolution or failure to request a review of the issuance
of a parking violation notice contesting the violation within the
time limits set forth in Section 40215 of the California
Vehicle Code
will result in either notification of the Department of Motor Vehicles,
which agency shall collect the maximum fee established hereby at such
time as the owner or operator seeks to register his or her vehicle
in accordance with provision of Section 4760 of the California Vehicle
Code, or in legal proceedings or other remedies as provided by law.
(Ord. 2009-10; Ord. 2022-05)