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)