[Ord. 1561, 6-17-2009]
[Ord. 1561, 6-17-2009]
The following definitions pertain to terms utilized in this chapter, in order to provide clarity and consistency.
Any vehicle which reasonably appears to have been left derelict by its driver or owner on either public or private property.
Any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property.
Any concrete, cement, asphalt, brick or surface specifically designed for vehicular travel or parking, or otherwise approved by the City Community Development Department. An approved parking surface must be contiguous from the street or driveway to the end of the approved parking surface.
Any vehicle, as defined in Section 233 of the California Vehicle.
The Code of Indio.
Any auxiliary dolly, pole or pipe dolly, semitrailer, tow dolly, trailer coach or trailer bus.
Any vehicle as defined in Section 260 of the California Vehicle Code, including, but not limited to, a motor truck, truck tractor, bus, water tender vehicle or any other commercial types of vehicles. "Commercial vehicles" do not include passenger vehicles, house cars, pickup trucks, or vanpool vehicles.
The Indio Branch of the Riverside Superior Court.
Concrete, asphalt, or other approved parking surface used for the parking of vehicles located between a street and the end of the approved parking surface.
Any employee or agent duly authorized by the Chief of Police to enforce traffic or parking laws included in the California Vehicle Code and Code of Indio.
A motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons including the driver.
A way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street. "Public property" does not include "highway."
Homeowners Association is a common interest development or holding for the purpose of maintaining commonly owned real estate and improvements.
A motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car for purposes of this chapter. A "house car" shall not be deemed to be a motor truck.
Any vehicle, which (1) has one or more flat tires, (2) will not start or cannot be driven due to mechanical problems, (3) cannot be operated safely or legally on the street, or (4) is prohibited from being operated on a public street or highway pursuant to Sections 4000, 5202, 24002 or 40001 of the California Vehicle Code, concerning license plates, registration, equipment, safety or related matters.
A motor vehicle designed, used, or maintained primarily for the transportation of property.
Any motor vehicle, as defined in Section 400 of the California Vehicle Code.
The standing of a vehicle, whether occupied or not, with the sole exception of a temporary stop with the purpose loading or unloading merchandise or passengers.
Any dedicated paved surface primarily used for the parking of vehicles and trailers usually associated with commercial, industrial or multi-family residential establishments.
Any motor vehicle, other than a motor truck, truck tractor, or a bus, as defined in this chapter, and used or maintained for the transportation of persons. The term "passenger vehicle" shall include a house car.
A motor truck with a manufactures gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding nine feet in length. "Pickup truck" does not include a motor vehicle otherwise meeting the above definition that is equipped with a bed mounted storage compartment unit commonly called a "utility body."
A portion of road in private ownership, including driveways and HOA roads, used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public.
That portion of a highway improved, designed, or ordinarily used for vehicular travel.
A continuous pathway, constructed of concrete, cement, asphalt or brick and situated where a vehicle's tires travel, between a street and an approved parking surface.
A vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that if its load rests upon, or is carried by, another vehicle.
Any cessation of vehicular movement, whether the vehicle in question is occupied or not.
The keeping, leaving, displaying, or maintaining of goods including but not limited to motor vehicles or motor vehicle parts and equipment.
A way or place of whatever nature publicly maintained and open to the use of the public for the purposes of vehicular travel. "Street" includes highway.
A vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet.
Any parcel of land, developed or otherwise, which does not contain a building, approved parking lot or approved parking surface.
A device by which any person or property may be propelled, moved, or drawn upon a highway, except for a device moved exclusively by human power or used exclusively upon stationary rails or tracks. For the purpose of this chapter, "vehicle" includes, but is not limited to, any bus, camper, golf cart, house car, motorcycle, motor truck, passenger vehicle, pickup truck, trailers and truck tractors.
The motor number, serial number, or other distinguishing number, letter, mark, character, or datum, or any combination thereof, required or employed by the manufacturer or the department for the purpose of uniquely identifying a motor vehicle or motor vehicle part or for the purpose of registration.
[Ord. 1561, 6-17-2009]
(A)
The provisions of this chapter prohibiting the stopping, standing, parking and storage of vehicles shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of an enforcement official or official traffic control device.
(B)
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code, this Code or other ordinances of the city prohibiting or limiting the stopping, standing, parking and storage of vehicles in specific places or at specified times.
(C)
The provisions of this chapter also apply to private roads within HOAs whereby the city and the HOA have entered into an agreement ratified by City Council, as provided by Sections 21107.7, 21107.8 and 21107.9 of the California Vehicle Code, whereby the city is authorized to patrol and enforce this chapter on such private roads for the benefit of motor traffic, and at the request of the HOA residents.
[Ord. 1561, 6-17-2009]
(A)
The City Council or the City Public Works Director or his or her designee is hereby authorized to identify and maintain appropriate signs or paint upon the curb surface on public property, highways, streets and roadways in order to designate all stopping, standing and parking areas as described in this chapter.
(B)
The City Council or the City Public Works Director, or his or her designee, shall sign or mark any place where, based on traffic engineering principals and investigations, he or she deems necessary to facilitate the safe movement of traffic.
(C)
No person shall stop, stand or park a vehicle in such areas where city signs or markings provide notice of parking restrictions and or limitations in accord with this section, including but not limited to restrictions regulating stopping, standing or parking within a certain time or date.
[Ord. 1561, 6-17-2009]
Any enforcement official may remove or immobilize or cause to be removed or immobilized, pursuant to Section 22651 of the California Vehicle Code and Code of Indio Chapter 90:
(A)
Any vehicle that has been parked or left standing on a street for 72 or more consecutive hours.
(B)
Any vehicle which is parked or left standing upon a street when such parking or standing is prohibited by resolution of the city and signs are posted giving notice of such removal.
(C)
Any vehicle which is parked or left standing upon any street where the use of such street or portion thereof is necessary for the cleaning, repair or construction of the street or for the installation or underground utilities or where the use of the street or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or any portion thereof is necessary for the movement of equipment, articles, or structures of unusual size and parking of such vehicles would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicles may be removed are erected or placed at least 24 hours prior to their removal.
(E)
Any vehicle abated under the provisions of Chapter 90 of this Code.
[Ord. 1561, 6-17-2009]
(A)
No person who owns, or has possession or control of any vehicle shall park or leave standing, any vehicle or house car on any street or alley for more than 72 consecutive hours.
(B)
For the purpose of this section, a vehicle shall be considered parked or left standing for more than 72 hours if it has not been moved to a location more than 1,000 feet away from the location at which it was originally parked.
[Ord. 1561, 6-17-2009]
(A)
The owner, operator or person in control of any vehicle exercising the privilege of parking said vehicle on any street, alley or portion thereof where regulations are in effect restricting the length of time vehicles may be parked does so on the condition that an enforcement official may place chalk or other removable marks on said vehicle for the purpose of enforcing such parking restrictions.
(B)
It is unlawful for any person to erase, rub out, or otherwise remove any chalk or other removable marks, so placed on a vehicle, unless the vehicle has complied with said time restrictions.
[Ord. 1561, 6-17-2009]
Except as otherwise provided in this chapter, or necessitated by an emergency determined to exist by an enforcement official, no operator, registered or legal owner, may stop, stand or leave any vehicle in any of the following places or conditions:
(A)
Upon any street or roadway for the principal purpose of maintaining, lubricating or repairing said vehicle, except as necessitated by an emergency.
(B)
In or upon any area which is not a driveway, parking lot or approved parking surface.
(C)
Upon any vacant lot.
(D)
Unattended, in front of a mail receptacle.
(E)
Inoperative vehicle, or any portion thereof, visible to a party other than the operator, registered or legal owner of the inoperative vehicle in question, from a street, public property, or private property.
(G)
On any street, driveway, parking lot, approved parking surface, visible to a party other than the operator, registered or legal owner of the vehicle, with its VIN plate covered or in a condition where said vehicle's ownership and registration status cannot be confirmed.
(H)
No person shall park a pickup truck or trailer on any street, driveway, parking lot, or approved parking surface, visible to a party other than the operator, registered or legal owner of the vehicle whose bed contains trash, debris, rubbish, yard waste or other waste matter, overnight or for a period of more than 12 consecutive hours.
[Ord. 1561, 6-17-2009]
(A)
No person shall stop, stand, park or otherwise leave unattended at any time, any vehicle in any alley for purposes other than loading or unloading of persons and or materials.
(B)
At no time shall a vehicle stop, stand or park in any alley, in a manner or position, as to leave less than 15 feet of clear roadway free for the movement of vehicular traffic.
(C)
At no time shall any person stop, stand or park within an alley in such a manner or position that blocks the ingress and egress to any abutting property.
[Ord. 1561, 6-17-2009]
(A)
Except as otherwise provided by this chapter, no operator, registered or legal owner of any commercial vehicle or commercial trailer shall stop, stand or park in any of the following places:
(1)
On any street, alley or portion thereof, in or adjacent to an area that is zoned residential to include uses per the Unified Development Code.
(2)
On any private property, driveway, parking lot, or approved parking surface in or adjacent to an area that is zoned residential to include uses per the Unified Development Code.
(3)
On any street, alley, parking lot or portion thereof, in any area not zoned residential to include uses per the Unified Development Code, where signs are posted giving notice that such activity is prohibited or restricted.
(4)
On any vacant lot.
(B)
This section shall not apply to any commercial vehicle or commercial trailer used under the following circumstances:
(1)
Completely enclosed within a building, not visible to any person or party other than the operator, or the registered or legal owner.
(2)
Making pickup or deliveries of goods and merchandise.
(3)
Involved in the construction, repair or maintenance of any building, structure or grading project, for which a valid permit has been obtained pursuant to Section 22507.5 of the California Vehicle Code, including but not limited to the permit requirements per Chapter 162.
(4)
Involved in the installation, repair or maintenance of landscaping.
(5)
Involved in the installation, repair or maintenance of utilities.
[Ord. 1561, 6-17-2009]
When city signs provide notice of parking restrictions and/or limitations, no person shall stop, stand or park any vehicle on any parking lot or street next to any public park or facility during the days and hours indicated on such signs or for a period longer than specified on such signs.
[Ord. 1561, 6-17-2009]
The City Public Works Director or his or her designee shall sign or mark as deemed necessary in regard to time or location the following places, when so signed or marked, no person shall stop, stand or park a vehicle in any of the following locations:
(A)
Upon any street when the width of the roadway does not exceed 20 feet, or upon one side of the street as indicated by such signs or markings, when the width of the roadway does not exceed 30 feet.
(B)
Upon that side of any street adjacent to any school property when such parking would, in the City Public Works Director's opinion, interfere with traffic or create a hazardous condition.
(C)
At any place where it is necessary for the city to use the public street for construction, maintenance, repair, cleaning, tree spraying or any other city public service or safety use.
(D)
At any place where the City Public Works Director, based upon traffic engineering principles and investigations, determines that signs and marking are necessary to facilitate the movement of traffic or eliminate a traffic hazard.
[Ord. 1561, 6-17-2009]
No person shall stop, stand or park on the days indicated on such signs, between the hours specified on such signs or upon any of the streets described in resolutions duly adopted by the City Council, when authorized signs are in place providing notice of such.
[Ord. 1561, 6-17-2009]
(A)
The City Public Works Director, Chief of Police, or his or her designee, is authorized to erect or place temporary "No Parking" signs on streets or portions thereof:
(1)
Where the use of such street is undergoing repairs, or subject to the construction or the installation of underground utilities of public improvements.
(2)
Where such street is being used for the movement of equipment, articles or structures of unusual size.
(3)
Where such street is used for or in conjunction with an approved special activity or event.
(B)
When temporary "No Parking" signs have been erected and 24 hours have elapsed, no person shall stop, stand or park in the no parking zone, except as otherwise provided by this chapter or necessitated by an emergency determined to exist by an enforcement official.
[Ord. 1561, 6-17-2009]
(A)
No person shall stop, stand or park a vehicle upon the left-hand side of a highway where traffic is restricted to one-way on that portion of the roadway, unless signs are in place permitting such stopping, standing or parking, except as otherwise provided by this chapter or necessitated by an emergency determined to exist by an enforcement official.
(B)
The City Public Works Director may determine when stopping, standing or parking shall be permitted upon the left-hand side of any one-way roadway of a highway and shall erect signs giving notice thereof.
[Ord. 1561, 6-17-2009]
The City Public Works Director may place, and when required by this chapter shall place, on public property and streets, the following colored curb markings to indicate parking or standing regulations. Such curb markings shall have the following meanings:
(A)
Red. No stopping, standing or parking at any time, except as permitted by the Vehicle Code; and except that a bus may stop in a red zone marked or signed as a bus zone.
(B)
Yellow. No stopping, standing or parking during the days and hours indicated on city signs or markings of any purpose other than the loading and unloading of passengers or materials; provided that the loading or unloading of passengers or materials shall not extend beyond the time necessary and in no event exceed the time limits as follows:
(1)
Commercial vehicles stopping, standing or parking in any yellow zone for the purpose of loading and unloading of materials shall be limited to 30 minutes and during such time no person shall leave any such commercial vehicle unattended for more than ten minutes unless there is visual evidence of loading or unloading occurring;
(2)
Noncommercial vehicles stopping, standing or parking in any yellow zone shall be limited to five minutes and during such time no person shall leave any such vehicle unattended.
(C)
White. No stopping, standing or parking for any purpose other than loading or unloading of passengers which shall not exceed five minutes and such restrictions shall apply:
(1)
At all times when such a zone is in front of a theatre or building, other than a hotel, except when such theatre or building is closed;
(2)
At those times indicated by city signs.
(3)
Except that, in a zone located in front of a hotel, the five minute limitation does not apply as each hotel may determine the time limitation for loading and unloading at their respective curbside.
(D)
Green. No standing or parking for longer than 15 minutes or such shorter period as may be designated during the days and hours specified on city signs or markings.
(E)
Blue. Area designated for the parking of vehicles with special license plates or other official designation issued to physically handicapped persons.
[Ord. 1561, 6-17-2009]
The City Public Works Director is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location and size thereof. When signs are posted indicating the space adjacent to the curb is for the parking of buses only, no other types of vehicles may park, stop or stand in that zone.
[Ord. 1561, 6-17-2009]
The City Public Works Director is authorized to establish police vehicle zones adjacent to police facilities. When signs are posted indicating the space adjacent to the curb is for the parking of police vehicles only, no other types of vehicles may stop, stand or park in that zone.
[Ord. 1561, 6-17-2009]
It is unlawful for any person other than the City Public Works Director or his or her designee to place or maintain any paint or other material upon any curb in the city in a manner which is or purports to be, an imitation of or resembling official indication of parking regulations. This section shall not apply to HOA's, private roads, or private driveways.
[Ord. 1561, 6-17-2009]
Each parking lot or parking structure where parking is provided for the public as clients, guests and employees shall contain disabled accessible parking which shall be clearly marked at all times as described and mandated by Chapter 71 of the State Uniform Building Code.
[Ord. 1561, 6-17-2009]
(A)
It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans pursuant to Sections 22511.7 and 22511.8 of the California Vehicle Code, unless the vehicle displays either a special identification license plate issued pursuant to Section 5007 of the California Vehicle Code or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59 of the California Vehicle Code.
(B)
It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces designated for disabled persons or disabled veterans except as provided in division (A) of this section.
[Ord. 1561, 6-17-2009]
(A)
It is unlawful for any person to park or leave standing any vehicle, including a vehicle displaying a special identification license plate issued pursuant to Section 5007 of the California Vehicle Code or distinguishing placard issued pursuant to Sections 22511.55 or 22511.59 of the California Vehicle Code, in any of the following places:
(1)
On the lines marking the boundaries of a parking stall or space designated for disabled persons or disabled veterans.
(2)
In any area of the pavement adjacent to a parking stall or space designated for disabled persons or disabled veterans that is marked by crosshatched lines and is designated, pursuant to any local ordinance, for the loading and unloading of vehicles parked in the stall or space.
(3)
Division (A) of this section applies to all off-street parking facilities owned or operated by the city and to any privately owned and maintained off-street parking facilities.
[Ord. 1561, 6-17-2009]
(A)
Intent. It is the intention of the Indio City Council to exercise its full authority specified in Section 40203.5(a) of the California Vehicle Code, by providing a schedule of parking penalties for parking violations and late payment penalties.
(B)
Procedure for establishment. Subject to any limitations imposed by state law, the City Council shall, from time to time, by resolution, establish, and modify as necessary, penalties, fines, fees and related charges for parking, traffic and related violations, and any other charge relating to civil procedures for citation resolution, and booting and impounding of vehicles, as required by the Vehicle Code.
[Ord. 1561, 6-17-2009]
(A)
Purpose. The Indio City Council has duly adopted the procedures of this subchapter on parking violation enforcement proceedings under the authority of, and for the purpose of implementing the requirements of Chapter 1244, Statutes of 1992 ("AB 408"), and Chapter 734, Statues of 1995 ("AB 1228"). The purpose of the procedures specified herein is to provide a fair and thorough process for review of citations issued for parking or standing violations within the city.
(B)
Application of time limitations. Within this chapter there are various time limitations established for certain requests, including but not limited to:
(1)
Requests for administrative review;
(2)
Requests for administrative hearings; and
(3)
Requests for copies of documents.
For purposes of this subchapter on parking violation enforcement procedures, the specified time limitations are jurisdictional. Untimely requests will be rejected. Waivers will not be issued.
(D)
Definitions. The following definitions pertain to terms utilized in this subchapter, regarding Parking Violation Enforcement Procedures, i.e., sections 71.50, et seq., in order to provide clarity and consistency:
(1) ADMINISTRATIVE HEARING
A hearing process with respect to a citation, conducted in accord with the procedures of this subchapter on parking violation enforcement procedures, initiated by a timely written request of a contestant dissatisfied with the results of the administrative review.
(2) ADMINISTRATIVE REVIEW
The initial citation review process, initiated by a contestant's timely request, and conducted by the Reviewing Official.
(4) CITATION
Includes, but is not limited to notice of a stopping, standing, or parking violation, and notice of a delinquent violation.
(5) CONTESTANT
Any person or entity who is the registered owner, driver, rentee, bailee or lessee who is liable for parking penalties in accordance with the provisions of Sections 40200, et seq. of the California Vehicle Code, and who contests or disputes liability for the parking penalties.
(7) HEARING OFFICIAL
An independent and impartial hearing officer meeting the qualifications specified in Section 40215(c)(4) of the California Vehicle Code, appointed by or contracted with the city or its agent to conduct administrative hearings.
(8) ISSUING AGENCY
The city department, or its agent, including but not limited to the California Highway Patrol, which issues the parking citation.
(9) PARKING PENALTY
Includes the applicable civil penalty for the violation specified on the citation, the late payment penalty, and the Department of Motor Vehicle (DMV) lien fee, if applicable.
(10) PARKING VIOLATION
Any violation of any regulation governing the stopping, standing or parking of a vehicle under the Vehicle Code, under any federal or state statute or regulation, or under the Code of Indio.
(11) REVIEWING OFFICIAL
An enforcement official authorized by the Chief of Police to conduct administrative reviews.
[Ord. 1561, 6-17-2009]
(A)
Initiating administrative review.
(1)
Timeliness. A request for administrative review must be made within 21 days from the issuance of the notice of parking violation, or within 21 days from the mailing of the notice of delinquent parking violation.
(2)
Manner of making request. The request for administrative review may be made by written request, and must include the following:
(B)
Written statement of reason. A contestant shall provide to the Indio Police Department a written statement of the reasons for contesting the parking violation. If the statement of reasons is not timely provided by the contestant, within the time period specified in division (A)(1) of this section, the request for administrative review will be rejected, and the contestant shall have no further rights to administrative review, or to an administrative hearing.
(C)
Administrative review. Upon the Reviewing Official's receipt of a timely request for administrative review and the required statement of reasons, the Reviewing Official will commence a review of the citation and the circumstances surrounding its issuance. The review shall consist of a determination of whether the citation contains all of the items required by Section 40202(a) of the California Vehicle Code and shall focus on the reasons for the request as specified by the contestant.
(1)
Cancellation of citation. If, based on the results of the review, the Reviewing Official is satisfied that the citation was not issued in accordance with Section 40202(a) of the California Vehicle Code, or, based on the contestant's statement of reasons, that the violation did not occur or the registered owner was not responsible for the violation, the Reviewing Official shall cancel the citation and shall specify in writing the reasons for canceling the citation.
(2)
Determination of validity. If, based on the results of the investigation, the Reviewing Official is satisfied that the citation was issued in accordance with Section 40202(a) of the California Vehicle Code, and that the reasons specified by the contestant do not exist, or do not affect the validity of the citation, the Reviewing Official shall specify those findings in writing, and include the grounds for the findings.
(D)
Notification to contestant. The results of the administrative review by the Reviewing Official will be mailed to the contestant, by first class mail. Service of the notice of result shall be complete upon placement of the notice of result in the United States mail, postage paid.
[Ord. 1561, 6-17-2009]
(A)
Initiating appeal.
(1)
Timeliness. A contestant dissatisfied with the results of the administrative review may appeal. Any such appeal must be made within 21 days of mailing the results of the review.
(2)
Requirements for appeals. The contestant's appeal shall be initiated by means of a written request, filed by the contestant with the Indio Police Department within the time specified in division (A)(1) of this section. Any appeal shall comply with the following requirements:
(a)
The contestant shall deposit with the City of Indio, to the address shown on the notice issued by the Reviewing Official per § 71.52(D), the full amount of the parking penalty.
(b)
The contestant's appeal request shall indicate the contestant's preference for a hearing by mail or in person.
(c)
The contestant shall specify in writing the reasons for contesting the citation.
(d)
The contestant shall provide a copy of the citation or the notice issued by the Reviewing Official per § 71.52(D).
(e)
If different than the record address contained in the parking citation or Indio Police Department's records, the contestant shall provide the address of the contestant for purposes of mailing notices of hearing and other documents in connection with the appeal.
(f)
In the event that the contestant fails to satisfy any one or more of the above requirements within the time specified in division (A)(1) of the section, the appeal shall be rejected as untimely filed.
(3)
Exceptions to parking penalty deposit requirement.
(a)
Indigence. Pursuant to Section 40215(b) of the California Vehicle Code, the Indio Police Department or its agent shall provide a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. Notice of this procedure shall be provided to all persons requesting an administrative hearing.
(B)
Notice of hearing. Within 21 days from the filing with the Indio Police Department of a contestant's timely appeal, the Indio Police Department or its agent shall send a notice of hearing to the contestant via first class mail. The notice shall specify the date and time of the hearing, and the place where the hearing will take occur. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Section 40200 et seq. of the California Vehicle Code or this chapter.
(C)
Continuances.
(1)
Request made prior to date of hearing. A contestant may, in writing, until 24 hours before the scheduled administrative hearing time, request that the Indio Police Department reschedule the administrative hearing. The Indio Police Department shall grant one continuance not to exceed 21 calendar days in accord with Section 40215(b) of the California Vehicle Code.
(D)
Administrative hearing procedures.
(1)
Procedural matters.
(a)
Appearances. The officer issuing the citation shall not be required to appear at the hearing. The contestant shall appear at the hearing, unless a hearing by mail has been designated by the contestant in the appeal request form. If the contestant does not appear at the hearing, the appeal shall be decided by the Hearing Official based on the citation, the record of the administrative review, and any other relevant material in the record, taking into account the reasons specified by the contestant on the appeal request form. Appearances by minors shall be governed by the provisions of Section 40215(c)(2) of the California Vehicle Code.
(b)
Hearing officials. The hearing shall be conducted by an independent and impartial Hearing Official meeting the qualifications specified in Section 40215(c)(4) of the California Vehicle Code, who shall have been appointed by, or contracted with, the city to act in that capacity, pursuant to the procedures specified in Section 40215(c)(4) of the California Vehicle Code.
(c)
Hearing record. The Hearing Official shall write pertinent information into the record during the in-person hearing. The hearing record and any supporting documentation will remain with the case file at the city. If the contestant appeals the Hearing Official's decision to the Court, the entire case file will be forwarded to the Court. The hearing records for those cases not appealed to the Court will be retained by the city for one year.
(d)
Representation. The contestant may, in his or her discretion, be represented by an attorney in the appeal process, at the administrative hearing. Any such representation shall be at the sole and exclusive cost of the contestant. No contestant shall be entitled to representation at the expense of the city, or any other public agency, irrespective of indigence status.
(2)
Conduct of the administrative hearing.
(a)
Hearing Official duties. At the time of the administrative hearing, the Hearing Official shall:
1.
Make a pre-hearing statement, briefly explaining the nature of the civil proceedings, the manner of conducting the hearing and the limits on the introduction of evidence, the process of rendering a decision, the effects of the decision in terms of collection remedies available to the Indio Police Department, the right of the contestant to appeal to the Court for a de novo hearing, and any other matters in the Hearing Official's discretion;
2.
Read the citation into the record;
3.
Administer an oath to the contestant and any prospective witnesses;
4.
Record the name and address of the contestant; and
5.
Write the registered owner's name and address; and the contestant's relationship to the registered owner, if applicable.
(b)
Proof requirements; validity of citation.
1.
Burden of proof. The issuing agency bears the burden of proof, by a preponderance of the evidence, that the citation meets statutory requirements for validity.
2.
Prima facie case. Where the citation, or copy thereof, contains all of the items specified in Section 40202(a) of the California Vehicle Code, the issuing agency shall not be required to produce any evidence other than the notice of the parking violation or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.
3.
Rebuttal. The contestant may introduce relevant evidence relating to the validity of the citation.
(c)
Proof requirements; contestant defenses.
1.
Burden of proof; defenses. The contestant bears the burden of proof, by the preponderance of the evidence, that although the citation is facially valid, a viable defense exists which would preclude the contestant's liability for the parking penalty, or that a viable defense exists which would limit the contestant's liability for late payment penalties.
2.
Defense; late payment penalties. Nonreceipt of the notice of violation itself, if based on sufficient evidence, may constitute a defense to the late payment penalties based on nonpayment of the notice of violation, however, is not a defense to late response to the notice of delinquent parking violation. The defense of nonreceipt of the notice of violation is not available to the registered vehicle owner, where the person operating the vehicle at the time of the citation was not the registered vehicle owner. Clear proof of timely payment of the citation is a defense to late payment penalties.
3.
Defense; merits of citation. Defenses relating to the merits of the citation must be established by the contestant by sufficient evidence. Such defenses may include, but are not limited to:
a.
Signage matters (missing, obscured or defaced signs);
b.
Impossibility of knowledge of the applicable parking restrictions (where the contestant demonstrates that it was impossible for him or her to become aware of the applicable parking restrictions);
c.
Malfunctioning parking meters;
d.
Recent loss of parking permit or placard;
e.
Mechanical breakdown of the vehicle (where the vehicle was not illegally parked prior to the breakdown, the violation in fact results from the breakdown and reasonable steps were taken to remove the vehicle prior to the occurrence of the violation).
4.
Personal reasons, inconveniences, lack of funds, forgetfulness, failure to observe signs, lack of available parking elsewhere, lack of knowledge of the applicable restrictions, and similar or related matters are not under any circumstances a defense to liability for the parking penalties. Failure to list a defense in the statement of reasons contained in the contestant's appeal request precludes the contestant from utilizing that defense at the time of the appeal hearing.
(d)
Evidence.
1.
Rules of evidence. The rules of evidence for Civil Court procedures shall not apply in administrative hearings conducted pursuant to the procedure. Evidence relevant to the issues raised by the contestant's statement of reasons, and to the validity of the citation itself under Section 40202 of the California Vehicle Code, will be received. Weight and reliability of the evidence provided will be determined by of the hearing officer.
2.
Form of evidence. Other than the citation and the DMV information, the Hearing Official shall receive into the record the Reviewing Official's record from the administrative review, together with relevant testimony, documentation and other material which is submitted by either party. Weight and reliability determinations, shall be made by the Hearing Official. The Hearing Official may, but is not required to, admit evidence in the form of declarations of witnesses, submitted by the contestant. Such declarations shall not be admitted unless presented in the form required for declarations under California Section 2015.5 of the California Code of Civil Procedure, and shall contain the statements required by Sections 2015.5(a) and 2015.5(b) of the California Code of Civil Procedure.
(e)
Witnesses.
1.
The contestant may present witness testimony as evidence at the discretion of the Hearing Official. The Hearing Official, after conducting the initial procedures of the hearing, may exclude witnesses until their turn to testify. The Hearing Official may limit the number of witnesses to prevent repetitive testimony in the interest of efficiency.
2.
Cross-examination by Hearing Official. The Hearing Official may conduct such cross-examination of the contestant or any witness presented at his or her discretion.
(3)
Determination of appeal.
(a)
Basis for determination. The Hearing Official shall make a written decision on liability for the parking penalties based on the testimony and other evidence in the record.
(b)
Disposition. The Hearing Official shall enter the disposition and the total amount of parking penalties on the hearing record. The decision, including the rational thereof, shall be placed in written form.
(c)
Delivery of decision to contestant. Although the Hearing Official's decision may be personally delivered to the contestant following the completion of the hearing, the written decision shall be sent to the contestant, to the address listed on the contestant's appeal form, via first class mail.
(d)
Deferred payment. Following a determination by the Hearing Official that a person has committed the violation, the Hearing Official may in his or her discretion, may allow for deferred payment of the parking penalty, if the person provides evidence satisfactory to the Hearing Official, of an inability to pay the parking penalty in full.
(e)
Finality. The Hearing Official's decision shall be the final decision of the Indio Police Department. The decision shall set forth the time limits for the contestant to file for judicial review in the Court, and a notice that if no such review is sought within the applicable time limitations, the decision shall be final for all purposes.
[Ord. 1561, 6-17-2009]
Within 30 days after the mailing or personal delivery of the final decision described in § 71.53(D)(3)(e), the contestant may seek review by filing an appeal with the Court. Such review will be conducted in accordance with the provisions of Section 40230 of the California Vehicle Code.
[Ord. 1561, 6-17-2009]
Upon request by mail or in person, the Indio Police Department will provide a copy of a citation to any person who has received a notice of delinquent parking violation, or to his or her agent. The copy will be provided within 15 days of the request, upon payment of the fee established by the Indio Police Department. The copy can be produced by any reasonable means available to the Indio Police Department, including printed representation of computer information.