HomeMy WebLinkAboutReso 117-93 Park Citation PolicyRESOLUTION NO. 117 - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE PARKING CITATION ADMINISTRATIVE
ADJUDICATION POLICY AND PROCEDURE GUIDELINES
WHEREAS, the State of California passed into law, AB 408 which decriminalizes parking
violations and places the responsibility for administration of parking citations with local government;
and
WHEREAS, in order to enforce parking regulations, the city must adopt administrative
guidelines which detail the processes necessary for successful implementation; and
WHEREAS, these guidelines include a process for the administrative review and an appeal
process for those individuals who want to contest a citation; and
WHEREAS, the procedures establish the framework by which the parking citation process will
operate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
adopts the parking citation administrative and adjudication policy and procedures.
PASSED, APPROVED AND ADOPTED this 1 lth day of October, 1993.
AYES:
NOES:' None
ABSENT: None
ABSTAIN: None
Councilmembers Burton, Houston, Howard, Moffatt & Mayor Snyder
PARKING CITATION ADMINISTRATIVE
ADJUDICATION POLICY AND
PROCEDURE GUIDELINES
DRAFT
October 11, 1993
1.0 Administrative Procedure ............................................................................................2
1.1.1 Administrative Review Procedures .............................................................2
1.1 Appeal of Administrative Review ...............................................................................3
2.0 How to Hold a Hearing ................................................................................................3
2.1 General Approach to Hearing ......................................................................................3
2.1.1 Informality of Hearing ..................................................................................3
2.1.2 The Role of the Heating Officer ....................................................................3
2.2 Quantity of Evidence Required to Sustain Case .........................................................4
2.3 The Decision ..................................................................................................................4
2.4 Late Payment of Penalties ............................................................................................5
2.5 Fine Amounts ................................................................................................................6
3.0 Hearing Procedures .......................................................................................................6
3.1 Pre-Hearing Procedures ................................................................................................6
3.2 Begin the Hearing ..........................................................................................................7
3.3 Review the Prima Facie Case .......................................................................................7
3.4 "Admit Liability with Explanation". ............................................................................8
3.5 "Deny Liability". ............................................................................................................8
3.6 Render a Decision ..........................................................................................................8
3.7 Closing the Heating ......................................................................................................9
4.0 The Prima Facia Case ....................................................................................................9
4.1 Requirements .................................................................................................................9
5.0 Continuances .................................................................................................................10
5.11 Pre-Hearing Continuances ............................................................................10
6.0 Defenses .........................................................................................................................10
6.1 Denials ............................................................................................................................10
6.1.3 Material Error in the Allegation ...................................................................10
6.1.4 Time of Observation Versus Time of Writing .............................................11
6.1.5 Challenge to Issuing Officer's Judgment .....................................................11
6.1.6 Missing Signs .................................................................................................11
6.1.7 Obscured Signs ..............................................................................................12
6.1.8 Defaced Signs .................................................................................................12
6.2 Explanations ..................................................................................................................12
6.2.1 Vehicle Breakdown ........................................................................................12
6.3 Unacceptable Defenses or Explanations ......................................................................13
"The Fine is Too High". ...........................................................................................13
"Out-of-Town Driver/Do Not Read English". ......................................................13
"New to the Issuing Authority". ............................................................................13
7.0 Appeal of Administrative Hearing ..............................................................................14
Definitions ............................................................................................................................15
Appendix - Forms ................................................................................................................16
Parking Citation Manual
October 6, 1993
1.0 Administrative Procedure
Pursuant to Chapter 1244, Statutes of 1992 (AB 408), Vehicle Code Section 40200, et seq., the City
of Dublin is adopting these administrative procedures to provide a process for review, both at the
administrative level, and in the form of a hearing when requested, of citations issued for parking
and standing violations.
There are two sequential review stages available to persons or entities desiring to contest citation
for parking and standing violations: 1. administrative review; and Z administrative hearing.
1.1 Administrative Review
A contestant shall do the following:
timely written, telephonic, or in person request for review of the circumstances
surrounding citation issuance; and
complete a review request form providing reasons for contest
City staff shall do the following;
staff will review and investigate the citation and the circumstances surrounding its
citation; and
results of the investigation shall be mailed to the contestant.
1.1.1 Administrative Review Procedures
a. Application of time limitations - Within this procedure there are various time
limitations established for presentation of certain requests, including but not limited to requests
for administrative review, requests for administrative hearing, and request for copies of
documents. For purposes of this Procedure, the specified time limitation s are jurisdictional..
Untimely requests will be rejected. Waivers will not be issued. No person has authority to
waive, or otherwise grant exception to a specified time limitation.
b. Initiation administrative review - Timeliness. A request for administrative review
must be made within 21 days from the issuance of the notice of parking violation, or within 10
days from the mailing of the notice of delinquent parking violation.
c. Written statement of reasons. - A contestant shall provide to the City Police Services
a written statement of the reasons for contesting the parking violation, within 10 days of a timely
request for administrative review. The statement of reasons shall be made on a form provided by
the City. Police Services staff will not commence the investigation until the statement of reasons
is provided. If the statement of reasons is not timely provide by the contestant, the request for
administrative review will be rejected, and the contestant shall have no further rights to
administrative review, or to an administrative heating.
d. Investigation - Upon receipt of a timely request for administrative review and the
required statement of reason, Police Services Staff will commence an investigation of the citation
2
Parking Citation Manual
October.6, 1993
and the circumstances surrounding its issuance. The review shall consist of a determination of
whether the citation contains all of the items required by California Vehicle Code Section 40202,
and shall focus on the reasons for the request as specified by the contestant.
e. Cancellation of citation. - If, based on the results of the investigation, the Police
Services staff is satisfied that the citation was not in accordance with California Vehicle Code
Section 40202, 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 police department shall cancel
the citation and shall specify in writing the reason for canceling the citation.
f. Determination of validity. If, based on the results of the investigation, Police
Services is satisfied that the citation was in accordance with California Vehicle Code Section
40202, and that the reasons specified by the contestant do not exist, or do not affect the validity of
the citation, the police department shall specify those findings in writing together with the
supporting reasons for making the findings.
g. Notification to contestant - Police Services shall mail the results of the investigation
to the cc~ntestant, by first class mail. Service of the results shall be completed upon placement of
the results in the United States mail, postage paid.
1.1 Appeal of Administrative Review
The Issuing Authority's Administrative Review can be appealed within 15 days from the date the
decision of the written review to the Hearing Officer is mailed. The Respondent must in writing
state why the IAdministrative Review should be appealed and the Respondent must pay the
penalty in full as instructed by the City of Dublin.
The City of Dublin will provide copies of all information it has obtained in determining the case
to the Hearing Officer. The Issuing Authority will accept appeal request with full payment of
fine and help schedule a hearing date and time with the Hearing Officer. In accordance with
State law, the appeal may be conducted by mail or in person at the selection of the respondent.
2.0 How to Hold a Hearing
2.1 General Approach to Hearing
2.1.1 Informality of Hearing
The hearing is an informal proceeding in the sense that the rules of evidence required in a court
trial do not apply. This benefits the Respondent who is most often a lay person unfamiliar with
the intricacies of the legal process. The Hearing Officer should make this clear to the Respondent
if the Respondent appears confused that the hearing is not being conducted under the strict
"rules of evidence." Despite the relative informality, each hearing can be recorded on tape to
preserve the proceedings in case an appeal is filed. The final decision in a hearing, however,
must be rendered in writing to the Respondent.
2.1.2 The Role of the Hearing Officer
Parking Citation Manual
October 6, 1993
The Hearing Officer wears three hats at once: prosecutor, defense attorney, and judge. As the
prosecutor, the Administrative or Hearing Officer cross-examining the Respondent, and any
witness(es), to determine the credibility of the defense and the authenticity of any documents
presented. As defense advocate, the Administrative or Hearing Officer examines the Parking
Violation Notice for defects in the prima facie case and, in some cases, helps Respondent
articulate the facts of their defenses. As the judge, the Hearing Officer listens to the Respondent's
story, weights the evidence, including any discrepancies elicited during cross-examination, and
renders a decision based on the facts of the case and applicable laws.
It is essential that the Hearing Officer remain independent and impartial. The Hearing Officer
does not "represent" the City of Dublin in a hearing, but rather "conducts" hearings and renders
decisions in accordance with the rules, regulations, policies and procedures established by
applicable laws. It should go without saying that any interest the City of Dublin may have in
collecting parking fines is simply not a permissible consideration during the hearing process. In
other words, the Hearing Officer must be a neutral, objective fact finder. Vehicle Code Section
40215 (b) in fact requires that the amount of fines upheld by the Hearing Officer must not be
linked to the Hearing Officer's continued employment, performance evaluations, compensation
or benefits.
2.2 Quantity of Evidence Required to Sustain Case
The Vehicle Code states that a properly completed Parking Violation Notice is prima facie
evidence of the validity of statements contained therein. What this means is that once a Parking
Violation Notice is determined to be prope~y completed, and a prima facie case is therefore
established that the violation occurred, the burden of producing evidence to rebut the charge
shifts to the Respondent.
If the Respondent wishes to deny the parking allegations (e.g., "The car was only parked for 48
hours and not 72 hours"), the Respondent must persuade by a preponderance of the credible
evidence as weighed against the prima facie case presented by the completed Parking Violation
Notice. A preponderance of evidence is evidence of a greater weight against the evidence
opposing it, and has more convincing force and a greater probability of truth. If the Respondent
wants to present an affirmative defense (e. g., trapped in a 20 minute zone by a double parked
truck) or an explanation (e. g., medical emergency), the Respondent must prove the presentation
by a preponderance of the credible evidence as measured against the incredible evidence, facts
judicially noticed, various presumptions, etc.
2.3 The Decision
After the Hearing Officer has heard and weighed all the testimony, the Hearing Officer must
make a decision. The available facts must be applied to the law. The Hearing Officer must
determine whether the City of Dublin's prima facie case has been sustained by a preponderance
of the evidence or, alternatively, has the Respondent convinced the Hearing Officer of a legally
sufficient defense or mitigating explanation.
4
Parking Citation Manual
October 6, 1993
If the Respondent has proven the defense to the Hearing Officer's satisfaction, the Respondent
should be found "not liable and the Parking Violation Notice permanently suspended. If
Respondent has not presented a credible defense, the Respondent must be found liable and the
full fine forfeited. Either the Respondent has adequately proven a defense, or defense has failed.
In the absent of other mitigating circumstances, a Respondent found liable forfeits the full fine.
The only exception to this would involve circumstances pertaining to the application of late
payn~ent penalties. Only in those cases in which the Hearing Officer is convinced that sufficient
mitigating circumstances prevented the Respondent from being able to make payment in a timely
manner, may the late payment penalty be waived. Late payment penalties are discussed in detail
in Section 2.5.
Normally, the Heating Officer will not leave the hearing room while deliberating. Once the
Hearing Officer has reached a decision, it should be announced to the Respondent on the record.
The Hearing Officer may announce the decision either before or after it has been written up. The
Heating Officer must never change a decision after having announced it merely because of
Respondent's objections to it. Only if, prior to the conclusion of the hearing, the Hearing Officer
realizes that an error has been made, should the Hearing Officer reconsider the decision. In other
words, simple, even strenuous disagreement over the result cannot cause the Hearing Officer to
change the decision. If the Respondent disagrees with the analysis and the outcome, the recourse
is to appeal to the next level of adjudication. The decision should be final for the hearing.
A written notification of the Hearing Officer's decision will be mailed to the respondent. The mail
date of the written decision starts the clock ticking on the Respondent's time limit for filing an
appeal (20 days for the civil court).
2.4 Late Payment of Penalties
The Hearing Officer has the power to dismiss late payment penalties which have accrued, but
on. ly in the case that the Respondent has conclusively demonstrated that he did not have
sufficient notice of the violation and that this lack of notice precluded a timely response. If the
Respondent credibly testifies that he did not see the original citation (perhaps because it was
blown away or removed without the Respondent's knowledge), dismissal of the late payment
penalty may be warranted. But if the Respondent does not 'take appropriate action to pay or
appeal the citation within 15 days of receipt of the mailed notice of delinquent parking violation,
dismissal of the late payment penalty would not be appropriate. If the Parking Violation Notice
reflects an incorrect fine, and money was paid, but not enough to close the citation, the possibility
of confusion may be considered as possible justification for waiving a late payment penalty.
The situation is much more complicated when the respondent claims that notices went to the
wrong address after the Department of Motor Vehicles had been notified of a change of address.
Where the respondent adequately demonstrates that a lack of notice under these circumstances
precluded timely payment, late penalties may be dismissed, but only when the Respondent also
credibly maintains that the original copy (attached to vehicle) of the citation was not received. It
is incumbent upon the Respondent to provide sufficient evidence to establish that the DMV was
notified of a change of address prior to the date that address information was requested by the
City of Dublin or its processing agency.
5
Parking .Citation Manual
October 6, 1993
The essential point is that late penalties must not be automatically or routinely dismissed without
sufficient cause. It should also be remembered that a lack of notice that may be sufficient to
support a dismissal of the late payment penalty does not automatically invalidate the Parking
Violation Notice itself.
The Hearing Officer should be wary of the Respondent who claims not to have seen or received a
number of original Parking Violation Notices. When such a claim is advanced, the Hearing
Officer must be scrupulous in assessing the Respondent's credibility and powers of recollection.
In most cases, subsequent mailed notices will render the issue moot if timely action was taken by
Respondent. Again, even if a delinquent notice was mailed to a "wrong" address, the
Respondent must prove that he fulfilled his/her responsibility by filing a timely change of
address with the DMV.
A Respondent's attempt to file a change of address with a processing agency will not be effective
in directing future overdue notices to the correct address and will not fulfill the statutorily
mandated responsibility to maintain a current address with the DMV.
2.5 Fine Amounts
The Hearing Officer does not have the power to adjust the amount of a fine for a violation. Fine
amounts are set only by City Council Resolution, adopted pursuant to Vehicle Code Section
40203.5. The fact that the same type of violation may "cost" a different amount depending on the
month and year that a citation .was issued, does not give a hearing examiner the authority to
adjust fine amounts to achieve "uniformity."
Likewise, parking enforcement personnel do not have the power to assess a different fine by
writing in an amount on the citation. In such cases, the violator must be charged the fine amount
authorized by the Issuing Authority's governing body at the time the Parking Violation Notice
was issued. However, if the Parking Violation Notice reflects an incorrect parking penalty
amount, the possibility that the Respondent was confused should be given considerable weight
when reviewing the appropriateness of suspending a late penalty.
3.0 Hearing Procedures
The hearing process is generally informal. Nevertheless, there are certain rules which must be
followed to ensure that proper records of the hearing are made and maintained and to avoid any
problems or irregularities.
3.1 Pre-Hearing Procedures
3.1.1
Upon the Respondent's arrival, the Hearing Clerk will verify the Respondent's name and
Parking Violation Notice number with information provided on the scheduled hearing log
and note the time of arrival.
6
Parking Citation Manual
October 6, 1993
3.1.2
3.2
3.2.1
3.3
A file should be prepared before the hearing begins. The file must contain a copy of the
ticket that was sent with the scheduled hearing log, hearing disposition form, and license
plate history printout.
Begin the Hearing
All interested parties will be ushered into the hearing room. This may include several
Respondents who are scheduled to have their matters heard on the same date.
3.2.2 The Hearing Officer will present an opening statement, which includes:
Explaining the hearing process.
Informing the Respondent that the hearing can be recorded.
Informing the Respondent that the options for answering a ticket are "admit with
explanation" or "deny."
Relaying to the Respondent that he or she will receive a written copy indicating
the Hearing Officer's decision within __ days following the hearing.
The Respondent will be informed of the right to an appeal and a brief explanation
of the appeal procedures.
3.2.3 State the date and time and instruct the Respondent to give his or her name and
address for the record.
3.2.4 Ask Respondent if they are the registered owner of the vehicle involved. If not>
ask Respondent to state their relationship to the registered owner or interest in the
proceeding.
3.2.5 If witnesses are present, instruct them to give their name and address for the record.
3.2.6 Swear in the Respondent and witnesses by instructing them to put up their right
hand and repeat the oath. If a party objects to taking an oath, any formal assertion of
intention to testify truthfully will suffice.
3.2.7 Recite the following oath: "Will you swear or affirm that the testimony you give
will be the truth? If yes, please say "I do."
3.2.8 Excuse all witnesses and inform them that they will be recalled when it is their
turn to testify.
3.2.9 Read the Parking Violation Notice number, license plate number, state of
registration, date, time, location and type of violation into the record.
Review the Prima Facie Case
3.3.1 Examine the ticket to determine if all statutorily required and pertinent
information has been provided by the issuing officer.
7
Parking Citation Manual
October 6, 1993
3.4
3.5
3.6
3.3.2 If any vital information is missing, dismiss the ticket.
3.3.3 If no required information is missing, follow the steps outlined in 3.4 for a plea of
"admit liability with explanation" or follow steps outlined in 3.5 for a plea of "deny
liability."
"Admit Liability with Explanation"
3.4.1 If the Respondent admits liability but desires to submit a mitigating explanation,"
ask the Respondent to testify to the mitigating circumstance.
3.4.2 Following the Respondent's testimony, ask the Respondent for the record if there
is any additional testimony or evidence they wish to present for the record.
3.4.3 If the testimony does not clearly set forth the mitigating circumstance, ask the
Respondent questions relating to the testimony.
3.4.4 Call in witness(es), if needed, one by one. Request that the witnesses present their
testimony for the record.
3.4.5 Review all documents and other supporting evidence. For the record, read aloud
or describe any documents presented. Place copies of all documents or other supporting
evidence in the case file.
3.4.6 Ask the Respondent if there is any further testimony prior to closing the hearing.
"Deny Liability"
3.5.1 Ask the Respondent to present his or her testimony, explaining the circumstances
of the Parking Violation Notice.
3.5.2 Listen carefully to the Respondent's testimony. If necessary, cross-examine the
Respondent to clarify points relating to the issuance of the Parking Violation Notice~
3.5.3 Call in witness(es)., if needed, one by one. Ask the witnesses to present their
testimony.
3.5.4 Review all documents and other supporting evidence. For the record, read aloud
or explain any documents presented. Place copies of documents or other supporting
evidence in the case file.
3.5.5 Ask the Respondent if there is any further testimony prior to closing the hearing.
Render a Decision
3.6.1 Make a decision on liability based on the testimony and evidence.
Parking Citation Manual
October6, 1993
3.6.2 Enter the disposition on the hearing record. Enter the total amount of fine to be
forfeited.
3.6.3 Enter a brief written statement including the rational for the decision on the
hearing record.
3.6.4 Make a brief statement to the Respondent regarding the decision and briefly
explain the rationale for the decision.
3.7 Closing the Hearing
Retain a copy of the hearing record and present the Respondent with a copy. Direct the
Respondent out of the hearing room.
In the event that the Hearing Officer has granted a continuance, the Hearing Officer must
complete and file a continuance form. This continuance form should be logged and recorded (see
guidelines for continuance). When a person to whom a continuance has been granted fails to re-
appear by the appointed time, the Hearing Officer must go on record and render the decision(s).
The Hearing Officer must also fill out and record the continuance form as a no-show.
4.0 The Prima Facia Case
4.1 Requirements
The following items must always be indicated on the Notice in the special boxes provided and, if
not, the Notice must be dismissed:
The Vehicle Code or Municipal Code Section
violated or ordinance.
The Vehicle Code or Municipal Code Section
violated or ordinance.
The Vehicle Code or Municipal Code Section
violated or ordinance.
The approximate time of the violation.
The location where the violation occurred.
The license plate number of the vehicle that
committed the violation.
The expiration date of the vehicle registration
tabs (if Visible to issuing officer).
The last four digits of the vehicle identification
number (only if visible to the issuing officer).
The color of the vehicle (optional and not
cause for dismissal).
The make of the vehicle (sometimes subjective
and not cause for summary dismissal).
Note: When a Notice which has the tab expiration date and/or vehicle identification number
filled in and a claim is raised by the Respondent that the Notice was issued to the Respondent's
vehicle, the conflicting tab expiration dates and/or vehicle identification (VIN) indicated on the
Notice and on the Respondent's vehicle may provide evidentiary value as to whether the vehicle
Parking Citation Manual
October 6, 1993
cited was actually the Respondent's vehicle. This does not affect the prima facie case, however,
only a particular (substantive) defense.
It should be noted that a claim that some of the above information on the Notice is factually
incorrect is not a challenge to the prima facie case, but only a challenge to the correct identity of
the vehicle that was cited. If Respondent successfully proves that his or her vehicle was not
identified on the Notice, this does not permanently dismiss the Notice, but rather transfers
responsibility to another vehicle.
5.0 Continuances
5.11 Pre-Hearing Continuances
After the required speech reminding Respondents of their right to present evidence and under
appropriate circumstances, a continuance may be granted to those requesting them for the first
time. The Hearing Officer should not engage in a "re-hearing" to decide this. If there is doubt,
grant the continuance. Relevant considerations are:
The reason(s) the Respondent cannot produce evidence or otherwise adequately
state a case at the time of the hearing;
The likelihood that a continuance will result in the production of significant
relevant evidence; and
c~ The sincerity and credibility of the Respondent.
6.0 Defenses
6.1 Denials
6.1.3 Material Error in the Allegation
The Respondent may contend that the issuing officer made an error in alleging the offense.
Because the Parking Violation Notice is the prima facie case, that case stands or falls as charged--
at least as to the material elements of date, time and place. If the Respondent conclusively proves
that the vehicle was not at the place charged at the time or on the date charged or did not do
what is charged, the Parking Violation Notice should be dismissed. Please note that it is not
conclusive to prove where the Respondent was on the date of the violation, the Parking Violation
Notice was issued to a vehicle, not the Respondent.
Some flexibility should be applied in address (e.g., Parking Violation Notice cites location as 220
N. Main, and Respondent claims he or she was in front of 226) or obvious inversions of the date
and time (e.g. "21/10/93 as the date or the insertion of "2 P.M." in the date space and 11/4/93 as
the time). This kind of error will not, without other proof, negate the charge. Minor and
subjective difference in vehicle description (such as color) and variations on make (such as Ford
or Mustang) should be overlooked as immaterial.
10
Parking Citation Manual
October 6, 1993
Finally, reference to an incorrect section of vehicle code may be overlooked so long as the Parking
Violation Notice properly states the infraction in words or understandable abbreviations.
6.1.4 Time of Observation Versus Time of Writing
The relevant time of any allegation is the time of observation of the infraction, not the time of
writing the Parking Violation Notice. Therefore, where a Resp0ndent proves that the Parking
Violation Notice was written before the prohibition came into effect, as a Parking Violation Notice
time of 3:55 on "No Parking 4:00-6:30," it should be dismissed and the Respondent found not
liable.
On the other hand, if an officer has observed a violation before a prohibition expired (e.g., no
parking 7:00-9:30 A.M. and a Parking Violation Notice time of 9:25 A.M.) and notes this time on
the Parking Violation Notice, but actually completes and affixes the Parking Violation Notice to
the vehicle after the prohibition has expired, the Parking Violation Notice is technically sound. It
is not a valid defense to assert that the ticket was actually completed and placed on the vehicle
after a parking restriction had elapsed.
6.1.5 Challenge to Issuing Officer's ludgment
A Respondent may claim that the officer was mistaken in this or her judgment that the car was
parked in a crosswalk, etc. Again, reference should be made to the elements of the offense
charged, to be followed by examination of Respondent's proof. If, after such reference and
examination, it appears that the Respondent has proven by sufficient credible evidence that the
officer's judgment was incorrect, the Parking Violation Notice may be dismissed.
6.1.6 Missing Signs
The California Vehicle Code does specify the number of signs that must be posted to announce
parking restrictions or the minimal distance allowable between signs. The Issuing Authority may
wish to post a sign at the beginning and end of each block and every 100 to 200 feet within a
block if it is deemed necessary because of surrounding conditions. An Issuing Authority may
decide to post signs at the entrance of a parking lot. If it is proved that there was no sign
anywhere in the block in question, a Parking Violation Notice may be dismissed. Except that in
certain circumstances, posting at the entry point may be sufficient, i.e. commercial truck parking
restrictions.
To assert this defense successfully, a Respondent must, by proof, eliminate the possibility of a
sign anywhere in the parking area or block. Proof that a bare pole existed or that there was no
sign in part of the block, is not adequate proof of this defense.
All evidence, photos, statements, etc.--should indicate clearly the location referred to. The
Parking Violation Notice, of course, will indicate where the car was parked. To give perspective,
photos may be linked to give a complete picture of the location. Photographs which show the
parking area should, of course, be examined closely to determined whether sigris might have
been hidden behind trees, canopies, etc. The Hearing Officer should also take special notice of
the findings in the "Administrative Review" included in the file.
11
Parking Citation Manual
October 6, 1993
When the evidence presented by the Respondent fails to prove that there was no sign anywhere
in the parking area, the Parking Violation Notice should be sustained. Respondents should be
reminded that they have a duty to search a whole block for signs and that an assumption based
on the absence of signs in part of a block does not fulfill this duty.
6.1.7 Obscured Signs
An obscure sign is not a defense unless the Respondent can prove 1) that the sign was so
obscured that no one could read it from any angle and 2) that there was no other sign on the
block indicating the restriction. The fact that a sign is partially covered by a barrier or hidden
from certain angles by a tree or canopy is irrelevant. All motorists have a duty to see and obey all
signs posted.
6.1.8 Defaced Signs
To successfully maintain a defense of defaced signs, the Respondent must prove two things: 1)
that the Sign was so defaced that no one could read it; and 2) that there was no other sign in the
area indicating the same restriction. If both are not proven, the defense should not be sustained.
The Respondent should be questioned carefully about his or her familiarity with the area, how
often he or she has been there, etc., and as well as about his or her knowledge of the removal of
defacement of the sign.
6.2 Explanations
There are certain explanations which, if proven, under certain circumstances, may be a basis for
dismissal.
6.2.1 Vehicle Breakdown
If a vehicle suffers a mechanical breakdown, and if reasonable efforts are made to have the
vehicle removed from the street, a Parking Violation Notice for illegal parking issued while the
vehicle was incapacitated may be dismissed.
To maintain the claim of "mechanical breakdown," four elements must be proven:
The Respondent must prove that the breakdown actually occurred.
The Respondent must prove that the vehicle was not illegally parked before the
breakdown occurred.
The Parking Violation Notice must have resulted from the breakdown.
Reasonable steps must have been taken to remove the vehicle from the situation that
caused the violation.
12
Parking Citation Manual
October 6, 1993
NOTE: If the Hearing Officer is fully convinced that all four elements of the claim have been
sustained by a preponderance of the credible evidence, the Hearing Officer may find the
Respondent not liable. If Respondent's proof on any of the first three fails, the Hearing Officer
should sustain the Parking Violation Notice and find the respondent liable.
6.3 Unacceptable Defenses or Explanations
The parking laws were promulgated and penalty schedule set to discourage illegal parking by,
not only the people who had no reason to violate the law, but also, those who d._.qo have a reason.
The illegal parking problem is fundamentally the result of an accumulation of normal, human
reasons or simple misunderstandings. A large number of illegal parkers firmly believe, at least in
their own minds, that they had a valid reason for ignoring the law or that their special
extenuating circumstances should be reason enough to dismiss a Parking Violation Notice.
This, however, does not address the parking problem. It is precisely because so many people
believe that they should not be subject to parking laws or that the laws are of so little
consequences that they can be ignored, that the parking problem continues. And grows.
The excuses outlined in this section should never form the primary basis for a dismissal.
Acceptable excuses and defenses should be limited to those outlined above and others which the
Hearing Officer determines are bona-fide and legally sufficient. This list of unacceptable excuses
or defenses should not be viewed as comprehensive but are set forth only as examples.
NOTE: It should be clear, however, that just as defenses and explanations that are unbelievable
and without merit are to be rejected, credible and meritorious defense and explanation should be
accepted and given appropriate weight when rendering a decision.
"Going to the Bathroom"
"Short Errands"
"Doctor/Dentist Appointment/Late for Class"
"Business or Personal Appointment"
"I Have a Valid Placard"
"No Place Else to Park/The Lot Was Full"
"I Didn't See the Sign"
"I Didn't Understand the Sign"
"The Sign was Obscured"
"I am doing a Service for the City of Dublin"
"I Had Permission"
"Only Part of My Car Was Illegally Parked"
"I Left Someone in the Car"
"Left my Parking Lights on or Blinking"
"I Left a Note in the Car as to My
Whereabouts"
"The Fine is Too High"
"The Motor was Running"
"It Was Only a Few Minutes"
"Nobody Else Got a Ticket"
"The Whole Block Was Parked"
"Someone Else Had My Car"
"The Officer Saw Me Park, Didn't Say
Anything, or Said It Was OK for a Few
Minutes..."
"The Officer Told Me"
"The Officer Apologized But Wrote in His
Book"
"This Violation Has Not Been Enforced in the
Past"
"I've Done It for Years/Everybody Does It"
"Diplomatic Immunity"
"Out-of-Town Driver/Do Not Read English"
"New to the Issuing Authority"
13
Parking Citation Manual
October 6, 1993
NOTE: The above are simply examples of cases that were anticipated during hearings and are
meant only as suggestions. The Heating Officer must decide each case heard on its own merit.
7.0 Appeal of Administrative Hearing
The Hearing Officer will schedule date and time for appeal. The respondent has the right to
appeal the Hearing Officer's Review within 20 days of his/her decision. The Respondent can pay
the court $25 filing fee and schedule a hearing as directed by the Livermore, Pleasanton, Dublin
Municipal Court. The Court will request and receive copies of all information from the Hearing
Officer's case file, including Administrative Review, computer print outs, copy of ticket and other
supporting documentation.
14
Parking .Citation Manual
October 6, 1993
Definitions
Parking Penalty: includes, but is not limited to the applicable civil penalty for the
violation specified in the citation, together with any late payment penalty,
administrative fee, assessment, process service fees, or other costs of collection related to
civil debt collection.
Citation: includes, but is not limited to notices of parking or standing violation, and
notices of delinquent violation.
Administrative Review: the initial citation review process, initiated by a contestant's
timely request, and conducted by the City Police Services Department.
Administrative Hearing: a hearing process with respect to a citation, conducted in
accordance with the procedures specified herein, initiated by a timely written request of
a contestant dissatisfied with the results of the administrative review.
· Appeal: the action taken by a contestant to request an administrative hearing.
Parking Violation: any violation of any regulation governing the standing or parking of a
vehicle under the California Vehicle Code, under any federal or state statute or
regulation, or under any City of Dublin Ordinance.
Contestant: (same as respondent) any person or entity who is the registered owner,
driver, rentee or lessee who is liable for parking penalties in accordance with the
provisions of California Vehicle Code Section 42000, et. seq. and who contests or
disputes liability for the parking penalties.
Respondent: (same as contestant) any person or entity who is the registered owner,
driver, rentee or lessee who is liable for parking penalties in accordance with the
provisions of California Vehicle Code Section 42000, et. seq. and who contests or
disputes liability for the parking penalties.
Hearing Officer: Individual designated by the City to perform the duties and
responsibilities associated with conducting the Administrative Hearing according to the
guidelines set forth in this manual.
15
Parking Citation Manual
October 6, 1993
Appendix - Forms
Copies of the forms are attached to this manual while short descriptions of each is presented
below.
Administrative Review Request: Utilized by the respondent to request the administrative review.
Administrative Review Worksheet: Utilized by Police Services in evaluating the claim.
Request for Waiver of Parking Penalty Deposit: Under certain circumstances, the claimant may
request waiver of the parking penalty deposit which is due prior to an administrative hearing.
Administrative Review - Notice of Decision: Sent to the claimant following the Administrative
Review.
Administrative Review - Notice of Decision - Cancellation: Sent to the respondent following the
Administrative Review.
Hearing Record Form: Form utilized by the Administrative Hearing Officer during the hearing for
determining liability of the respondent.
Hearing by Written Declaration: The respondent may appeal his/her case through the mail using
this form.
Continuance Form: When an individual requests a continuance of their appeal hearing they must
complete a Continuance Form requesting said action.
Statement of Rights and Responsibilities
16
Dublin Police Services
Parking Violation
Administrative Review Request
As allowed under Section 40200.7 of the Califomia Vehicle Code, upon request an Administrative Review of the
issuance of a Parking Violation will be conducted.
Parking Violation Number:
Name:
City:
Daytime Phone Number:
Address:
Citation Date:
State: Zip Code:
Briefly explain why you have requested this review:
Please note any specific items you believe the reviewer should consider: (Attach any supporting evidence)
Individual Completing Form: If this form is completed by the individual contesting the Violation, complete (A)
below:
__ (A) Completed in person
The statements made above are tree and correct and are submitted under the penalty of perjury.
Signature
__ (B) Written Request (Letter Attached)
__ (C) Telephone Request
Information Taken by:
Date:
Time:
Date
Date Forwarded to Reviewer:.
Date Forwarded to Phoenix Group:
Office Use Only
By:
By:
6/93 - Blue
Dublin Police Services
Parking Violation
Administrative Review Worksheet
Citation Number:
Issuing Officer:
Review Date:
Citation Date:
Badge Number:
Review Time:
Field Review:
Officer Review:
Reviewed by:
Comments and Observations:
Diagram:
ATTACHMENTS:
Reviewer's Findings:
PHOTO:
WORK ORDER:
"] OTHER:
Signature:
Date:
Final Disposition
Notice of Decision - ( Violater Liable)
Date Notice of Decision mailed to Violater:
Notice of Cancellation
By:
6/93 - Whit~
City of Dublin
Request for Waiver of Parking Penalty Deposit
Name: Citation Number: Citation Date:
California Vehicle Code Section 40200.7 requires persons contesting the administrative review of parking
violations to deposit the full amount of the penalty. The processing agency may only exempt those persons who
can provide verOeiable and substantiaI proof of their inability to deposit the full amount of the parking penalty.
I hereby request a waiver of required parking penalty deposit and that the City proceed with the administrative
hearing on my citation matter for the following reasons:
Please complete the following information:
1. Employment 2. Supported by: 3. Persons Supported:
[ ]Employed [ ] Self [ I Se~f
[ ] Full-Time [ ] Spouse [ ] Spouse
[ ] Part-Time [ ] Parents [ ] Children (# of__
[ ]Unemployed [ ] Welfare [ ] Other
[ ] Disabled [ ] S.S.I. TotalPersons
[ ] Student [ ] A.D.C Supported
[ ]Homemaker [ ] Unemployment
[ ]Military [ ] Other
[ ] Other
4. Your NET income (take home pay): $ every days.
Occupati on: Employer:
5. If unemployed, how long? years months
This Request for Waiver of Parking Penalty Deposit is executed under penalty of perjury.
Signature: Date:
For Police Services Use Only
Date Administrative Review Determination was mailed
Waiver of Deposit: Granted [ ] Denied [ ]
Authorized Signature
Date
Comments:
6/93 - Green
DUBLIN POLICE SERVICES
100 Civic Plaza
Dublin, CA 94568
PARKING VIOLATION ADMINISTRATIVE REVIEW
NOTICE OF DECISION-
NAME
ADDRESS
DATE MAILED
Amount of Fee Due $
DATE OF VIOLATION
DATE ADMINISTRATIVE REVIEW WAS REQUESTED
VIOLATION #
Dear :
You have requested an Administrative Review of the Parking Violation noted above. This Notice
explains the results of the review, as well as certain legal rights you have to respond to the Parking
Violation. Please read this information carefully.
The administrative investigation has found no rounds which would warrant cancellation of the
Parking Violation as authorized in Section 40215 o~e California Vehicle Code.
Reasons:
Therefore, as the owner, lessee, or renter of the vehicle, you remain responsible for the pa merit of the
fees noted above. To avoid any late penalities, you must submit your payment to: City o~Y~)ublin, c/o
Parking Violation Services, P.O. Box 958, Torrance, CA 90508-0958, or you may request an
Administrative Hearing, by following the instructions on the reverse side of this notice, within 15 days
from the date this notice was mailed.
Your prompt attention to this matter will avoid further legal action which may include late penalties
and/or attachment of fees to your DMV registration.
Sincerely,
cc: Joyce Douglas, Parking Violation Services (Phoenix Group)
a:parknote.forms
WARNING
If you wish to contest the Administrative Review decision, you must comply with all of the following
conditions:
Within 15 days of the mailing of this Notice, you must de osit the fee owed for the parking
violation. Payments must be mailed as follows: City of DubFin, c/o Parking Violation Services,
P.O. Box 958, Torrance, CA 90508-0958..
You must request an Administrative Hearing in writing at the time that you deposit the fees.
This must be done within 15 days of the mailing of the Notice.
You shall indicate whether you are requesting an Administrative Hearing by mail or personal
conference.
The Administrative Hearing process will be conducted by a Hearing Examiner designated by the City
of Dublin. If ou have requested a Hearing b personal conference, :you will be notified by mail of the
date, timean~Y~ocation of your hearing. In L~e event that the Heanng Examiner determines that you
are not liable, the fees deposited will be refunded.
DUBLIN POLICE SERVICES
100 Civic Plaza
Dublin, California 94568
PARKING VIOLATION ADMINISTRATIVE REVIEW
NOTICE OF DECISION - CANCELLATION
DATE MAILED
NAME
ADDRESS
DATE OF VIOLATION
VIOLATION #
DATE ADMINISTRATIVE REVIEW WAS REQUESTED
Dear :
You have requested an Administrative Review of the Parking Violation noted above. The purpose of
this notice is to explain the results of the Review.
The administrative investigation has found the following:
Pursuant to California Vehicle Code Section 40215, the Notice of Parking Violation referenced above has
been cancelled.
REASONS:
We will also notify the agenc responsible for collecting and rocessing our violations.
and cooperation throughout ~is review have been appreciatecF. '
Sincerely,
Your patience
cc: Joyce Douglas, Parking Violation Services (Phoenix Group)
a:cancpark.forms
Dublin Police Services
Parking Violation
Administrative Hearing Written Declaration
The undersigned is hereby requesting that the Administrative Hearing be conducted through this written declaration.
Parking Violation Number:
Name:
City:
Daytime Phone Number:
Address:
hCitation Date:
State: I Zip Code:
Explaination:
(Use additional sheets as necessary)
Please note any specific items you believe the reviewer shotrid consider: (Attach any supporting evidence)
The statements made above are true and correct and are submitted under the penalty of perjury.
Signature Date
City of Dublin
Heating Record Form
Hearing Officer:
Violation #:
Date:
Statements by Person Cited:
Witness Statements:
Administrative Review Findings:
Determination:
Liable
Not Liable
Continued to:
Reason for Continuance:
For Office Use Only
Determination Sent on: cc: Phoenix Group
STATEMENT OF RIGHTS AND RESPONSIBILITY
You have been granted an Administrative Review Hearing for the adjudication of a parking violation
(citation). The Administrative Review Hearing, held before the Issuing Authority, will be informal
and rules regarding the admissibility of evidence will not be strictly applied. The Issuing Authority
will make a decision based on all the evidence presented.
BE ADVISED THAT:
1. All hearings can be recorded.
If you are not the registered owner of the vehicle in issue, you must state your reason for
appearing.
The City of Dublin Hearing Officer will consider for disposition only those citations that have
been prepared for hearing at this time.
You will be asked to make one of the following pleas:
a. Admit with explanation
b. Deny
The original or any true copy of the ticket containing all material information is prima facie
evidence that the violation occurred, and the issuing officer will not be required to be present at
the hearing.
You have the obligation to show by a preponderance of the evidence (that this evidence that as
a whole shows that the fact sought to be proved is more probable than not) that the ticket in
question was not validly issued. Such evidence may include, but not limited to, records,
documents or testimony of witnesses.
You are to remain in the hearing room until your hearing is completed. If you shotrid leave
prior to the completion of your hearing, you will be considered in default.
Payment will be made within 15 days from date of Administrative Review Notice or from the
date of the Administrative Review Hearing, which ever is later. If payment is not made
promptly, penalties will be assessed.
You have the right to appeal the final determination of the Administrative Review Hearing
within 15 days of the review. To appeal, you must pay the full penalty to the Issuing
Authority, the Issuing Authority will schedule a Hearing Officer meeting.
I have read the above and understand my rights and responsibilities. I acknowledge receipt of a
duplicated copy of this Statement of Rights and Responsibilities.
DATE SIGNATURE