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For statutory provisions setting penalties for violation of the California Vehicle Code, see Vehicle Code §40000 et seq.
This chapter is adopted to implement the provisions of Vehicle Code Sections 40200 et seq., which decriminalizes parking citations and removes parking citation processing from the courts thereby making standing or parking citations a civil offense. This chapter establishes the parking citation administrative adjudication policy and procedure guidelines to be used by the City of Vacaville in implementing these changes.
(Ord. 2003, Amended, 03/11/2025)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"Administrative review hearing"
shall mean a hearing held before the Hearing Examiner for the appeal of Traffic Supervisor's determination after the initial review.
"Hearing Examiner"
means that person appointed by the City Manager to hear an appeal of the Traffic Supervisor's determination. The Hearing Examiner shall be an individual employed outside of the City Police Department, separate and independent from the citation collection or processing function and shall demonstrate those qualifications, training and objectivity as are necessary for the duties and responsibilities for the position.
The Hearing Examiner shall have a minimum of 20 hours of training provided through: (1) an accredited college or university, (2) a program conducted by the Commission on Peace Officer Standards and Training, (3) American Arbitration Association or a similar established organization, or (4) through any program approved by City Council, including a program developed and provided by the City. Training programs may include topics relevant to the administrative review hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Twelve hours of relevant experience may be substituted for up to 12 hours of training.
"Initial review"
means the initial parking review and investigation of a contested standing or parking citation held by the Traffic Supervisor.
"Parking penalty"
means any fine authorized by law, including authorized assessments, late payment penalty, assessment, and cost of collection as provided by law.
"Police Department"
means the City of Vacaville Police Department.
"Processing Agency"
means that processing agency selected by the City of Vacaville which is responsible for the processing of the parking violation citations.
"Traffic Supervisor"
means the Police Department's traffic supervisor or designee authorized to hear the initial parking review and investigation of a contested standing or parking citation.
"Vehicle Code"
means the California Vehicle Code.
(Ord. 2003, Amended, 03/11/2025)
The City Council shall set by resolution a schedule of parking penalties for parking violations, late payment penalties, and other related charges for parking violations.
(Ord. 2003, Amended, 03/11/2025)
The citations issued for a notice of parking violation shall contain the following information:
A. 
The violation, including the reference to the section of the Vehicle Code or of the local ordinance or federal statute or regulation so violated;
B. 
The date and the approximate time of the issuance;
C. 
The location where the violation occurred;
D. 
The vehicle license number and registration expiration date if visible;
E. 
The last four digits of the vehicle identification number, if that number is visible through the windshield;
F. 
The color of the vehicle;
G. 
The make and model of the vehicle, if known;
H. 
A statement that the required payment is to be made not later than 21 calendar days from the date of the violation;
I. 
The procedure for the registered owner or the lessee or rentee to deposit the parking penalty; and
J. 
Instructions on obtaining information on the procedures to contest the notice of parking violation pursuant to Vehicle Code Section 40215.
In addition, the notice of parking violation sent by the Processing Agency shall list the amount of the parking penalty due for the violation, the address of the person authorized to receive a deposit of the parking penalty and, in bold print, a statement that payments of the parking penalty may be sent through the mail.
The citation shall be considered a record kept in the ordinary course of business of the City and shall be prima facie evidence of the facts contained therein. The issuing officer shall file the notice with the Police Department. Any person who alters, conceals, modifies, nullifies, destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face of the remaining original or any copy of a citation before it is filed with the Police Department is guilty of a misdemeanor.
(Ord. 2003, Amended, 03/11/2025)
In the event that a parking citation is not paid within 21 calendar days from the date of issuance, the Processing Agency will send a notice of delinquent parking violation, by first class regular mail, to the registered owner as shown on the record of the Department of Motor Vehicles.
The notice of delinquent parking violation shall contain the same information on the notice of parking violation citation listed in Section 10.56.040.
The notice of delinquent parking violation shall also contain a statement that payment made to the City within 21 calendar days of the mailing of the notice shall be the amount of the original parking penalty without any additional fees or charges.
The notice of delinquent parking violation shall be accompanied by a written notice of the penalty due for the parking violation and the address of the person authorized to receive the payment and/or deposit and a statement in bold print that payment of the parking penalty for the violation may be sent through the mail and instructions on obtaining information on the procedures to contest the parking violation citation.
The notice of delinquent parking violation shall further state that failure to pay the parking penalty or contest the citation within 21 calendar days after the mailing of the notice of delinquent parking violation, or failure to complete and file an affidavit of nonliability, may result in the renewal of the vehicle registration being contingent upon payment of the parking penalties.
An affidavit of nonliability shall be included with the notice of delinquent parking violation along with information that explains what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the Processing Agency.
Any person who is issued a notice of delinquent parking violation may request a copy of the parking citation from the Processing Agency. The Processing Agency shall provide this copy within 15 calendar days of the request. Continued collection efforts for the citation pursuant to Vehicle Code Sections 22651(i), 22651.7, and 40220, as amended from time to time, shall temporarily be suspended until the copy of the parking citation is mailed or otherwise provided. The Processing Agency may charge a fee sufficient to cover the actual cost of providing the copy of the parking citation.
(Ord. 2003, Amended, 03/11/2025)
Within 21 calendar days of the issuance of a parking citation, or 14 calendar days from the mailing of a notice of delinquent parking violation, the registered owner of the vehicle may request an initial review of the circumstances of the parking violation by contacting the Traffic Supervisor in person, by phone, or in writing. The parking citation must list the address and phone number of the Traffic Supervisor. The person requesting the initial review must deposit the amount of the parking penalty with the Processing Agency before an initial review can occur. There shall be no charge for the initial review.
The Traffic Supervisor shall investigate the circumstances of the citation with respect to the contestant's explanation of reasons for contesting the parking violation.
If, based upon the results of the investigation, the Traffic Supervisor is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the Traffic Supervisor shall cancel the notice of parking violation, make an adequate record of the reasons for cancelling the notice, and direct the Processing Agency to refund the parking penalty deposit in its entirety to the registered owner. Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.
After the parking violation review, the determination of the Traffic Supervisor shall be mailed by first class regular mail to the registered owner. The determination may be mailed by the Processing Agency on behalf of the City.
(Ord. 2003, Amended, 03/11/2025)
Within 21 calendar days of the date the determination of the Traffic Supervisor is mailed, the registered owner may request an administrative review hearing.
The administrative review hearing process shall consist of the following:
A. 
Administrative Review Hearing Fee. The City shall collect and require an administrative appeal fee to be paid at the time the written request for administrative review hearing is filed unless such administrative appeal fee is waived by the Hearing Examiner. The administrative appeal fee shall be set by resolution of the City Council. The administrative appeal fee shall be calculated to recover the total City costs incurred in the administrative review hearing including, but not limited to, staff time to process and handle the administrative review hearing, preparation and service of notices, and staff appearance in the administrative review hearing; however, the appeal fee shall not include the Hearing Examiner's compensation, which shall be the City's responsibility. No administrative review hearing shall proceed without payment of the administrative appeal fee at the time the request for administrative review hearing is filed; provided, that the Hearing Examiner may waive, reduce, or defer the administrative appeal fee upon written request for good cause shown. Good cause may include, but is not limited to, severe economic hardship, significant cooperation with the City to prevent any future violations, and other factors indicating good faith attempts to comply with this chapter. The Hearing Examiner may also require a reduction or reimbursement of the administrative appeal fee if the contestant prevails in the administrative review hearing.
B. 
The request for administrative review hearing may be made in person, by telephone, or in writing, addressed to the Processing Agency.
C. 
The registered owner requesting an administrative review hearing shall indicate that person's election for either (1) a review by mail, or (2) a review by personal conference. If a personal conference is elected, the Hearing Examiner will schedule the date, time, and location for the hearing. The Hearing Examiner will provide notice of hearing date, time, and location at least 10 calendar days prior to the hearing.
D. 
The request for the administrative review hearing must be accompanied by payment of the parking penalty for the citation or proof of inability to pay the parking penalty due. The Hearing Examiner may waive the posting of the penalty prior to the administrative review hearing, if the person requesting the administrative review hearing can provide verifiable and substantial proof of an inability to deposit the full amount of the parking penalty.
E. 
The administrative review hearing shall be conducted before the Hearing Examiner. The Hearing Examiner must be a neutral, objective fact finder who conducts hearings and renders decisions in accordance with the rules, regulations, policies and procedures established by applicable laws. Within five calendar days before the hearing date, the registered owner requesting the administrative review hearing may request one continuance, not to exceed 21 calendar days.
F. 
The administrative review hearing shall consist of testimony and other evidence produced by the registered owner. The officer or person authorized to issue a notice of parking violation shall not be required to participate in an administrative review hearing. The City or the Police Department shall not be required to produce any evidence other than the notice of 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 considered prima facie evidence of the violation.
G. 
The administrative review hearing shall be conducted in accordance with the written procedures established by the City which shall ensure fair and impartial review of contested parking violations. The final decision may be delivered to the registered owner contesting the violation in person or by first class regular mail.
H. 
The administrative review hearing process permits a minor to request a hearing and to appear at the administrative review hearing or to admit responsibility for a parking violation without the appointment of a guardian. The City may proceed against the minor in the same manner as if the minor were an adult.
I. 
Following the determination by the Hearing Examiner, payment of the parking penalty may be made in installments if the registered owner provides evidence satisfactory to the Hearing Examiner of an inability to pay the parking penalty in full.
(Ord. 2003, Amended, 03/11/2025)
Within 30 calendar days of the mailing or personal delivery of the Hearing Examiner's decision, the registered owner may file an appeal with the Solano County Superior Court in accordance with Vehicle Code Section 40230. If a notice of appeal is not filed within the 30 calendar days required, the Hearing Examiner's decision is deemed final. A copy of the notice of appeal shall be served in person or by first class regular mail upon the processing agency and the Traffic Supervisor by the contestant.
(Ord. 2003, Amended, 03/11/2025)
A. 
Issuing Officer. The issuing officer may determine that in the interest of justice the notice of parking violation should be canceled. The reason for the cancellation shall be set forth in writing. The issuing officer or the Traffic Supervisor must cancel the citation and mail the results to the registered owner. Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.
B. 
Written Request of Person. When the description of the vehicle cited does not substantially match the registration information, and the Processing Agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the citation shall be canceled upon written request of the registered owner cited without the necessity of an appearance by that person.
C. 
If, after the citation has been issued and attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice into the City's data system. A copy of the correction shall be mailed to the person receiving the notice of parking violation.
(Ord. 2003, Amended, 03/11/2025)
A parking citation may be summarily dismissed by the Hearing Examiner or the Traffic Supervisor if the parking citation does not include sufficient information to permit identification of the vehicle and to prove that a violation has been committed.
(Ord. 2003, Amended, 03/11/2025)
A notice of parking violation must be affixed to the vehicle by the issuing officer. In the event the vehicle is driven away before the citation can be affixed, the issuing officer shall file the citation with the Processing Agency. The Processing Agency shall mail a copy of the citation to the registered owner within 15 calendar days of the issuance of the citation. If the registered owner claims that the notice of parking violation was never affixed or seen on the vehicle, and presents credible evidence, there may be grounds for dismissing any late fee(s) which accrued because the notice of parking violation was not paid or appealed in a timely fashion. If credible evidence is presented, the Hearing Examiner or the Traffic Supervisor must ascertain whether other forms of notice of the alleged violation(s) were issued to the owner before deciding whether to dismiss any late fee(s).
(Ord. 2003, Amended, 03/11/2025)
A. 
The Processing Agency shall take the following steps when payment for a citation is received:
1. 
Deliver a copy of the notice of delinquent parking violation, or an electronically reproduced copy of the citation information, the registered owner, the agent, the lessee, or the rentee or other person presenting the notice of parking violation or notice of delinquent parking violation and record the name, address and driver's license number of the person actually given the copy;
2. 
Determine whether the notice of delinquent parking violation has been filed with the Department of Motor Vehicles or if a civil judgment has been entered. If full payment is received, proceedings under this code and Vehicle Code Division 17, Chapter 1, Article 3 shall terminate. If full payment is received, no further collection effort is permitted. The Processing Agency is required to recall any Department of Motor Vehicles hold or halt any civil judgment collection for any citation that is paid in full.
B. 
If the notice of delinquent parking violation has been filed with the Department of Motor Vehicles and the fees have not been paid to the Department of Motor Vehicles through the registration process, the Processing Agency shall proceed as follows after receiving these fees:
1. 
Deliver a certificate of payment to the registered owner, the agent, the lessee, or the rentee or other person making the payment;
2. 
Immediately transmit the payment information to the Department of Motor Vehicles in the manner prescribed by the Department of Motor Vehicles;
3. 
Terminate proceedings on the notice of delinquent parking violation; and
4. 
Transmit for deposit all parking penalties and assessments in accordance with law.
(Ord. 2003, Amended, 03/11/2025)
The registered owner and the driver, rentee or lessee of a vehicle cited for any parking violation are jointly liable for the parking penalty unless the registered owner can show that the vehicle was used without the consent of that person or an affidavit of nonliability has been received by the Processing Agency within 30 calendar days of the mailing of the notice of delinquent parking violation, along with the proof of a written lease or rental agreement which identifies the driver, rentee, or lessee.
If an affidavit of nonliability has been returned, a notice of delinquent parking violation shall be mailed to the driver, rentee, or lessee. If payment is not received within 21 calendar days of the mailing date of the delinquent notice, the City may proceed against the driver, rentee, or lessee.
The driver of a vehicle who is not the owner but has the owner's express or implied permission to operate the vehicle shall be considered the agent of the owner to receive parking violation notices and may also contest these notices.
(Ord. 2003, Amended, 03/11/2025)
Any monies collected from the parking penalties received that are due to the County of Solano will be forwarded to the County Treasurer for the County of Solano not later than 45 calendar days after the last day of the month in which the parking penalty was received.
(Ord. 2003, Amended, 03/11/2025)