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HomeMy WebLinkAboutOrd 2009-3138ORDINANCE NO. 3138 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE l0, CHAPTERS 10.08, 10.52, 10.56 AND 10.62, OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO PARKING WHEREAS, the Downtown Parking District was established in 1963 pursuant to the Pazking District Law of 1951; and WHEREAS, the Downtown Parking District provides more than 1700 public parking spaces through metered and free parking; and WHEREAS, modifications have been made within the Pazking District including installing new individual and multi-space meters, expanding the District Boundaries and contracting management and enforcement; and WHEREAS, modifications are required in Chula Vista Municipal Code Chapter 10 to accurately describe and address these changes and to provide accurate and consistent information. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 10 Section 10.08 Definitions is amended by adding Sections 10.08.147 and 10.08.155 and amending the text of Section 10.08.150 as follows: 10.08.147 Pazking enforcement, Contract. 10.08.150 Pazking meter, Individual. 10.08.155 Parking meter, Multi-Space. 10.08.147 Parking Enforcement, Contract. "Contract Enforcement" shall mean any duly qualified company that the City has entered into a contract with and approved by the Chief of Police to provide enforcement of CVMC Chapters 10.52, 10.56 and 10.60 relating to CVMC infractions only in the parking zones. 10.08.150 Parking meter, Individual. "Individual parking meter" means a mechanical device installed within or upon the curb or sidewalk area immediately adjacent to a parking space for the purpose of controlling the period of time for the occupancy of such pazking space by any vehicle. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.1.3(N)). Ordinance No. 3138 Page 2 10.08.155 Parkiug meter, Multi-space. "Multi-space parking meter" means a mechanical device installed within the pazking zone for the purpose of controlling the period of time for the occupancy of multiple pazking spaces. SECTION II. Chapter 10 Section 10.52 Stopping, Standing and Parking Sections 10.52.110, 10.52.120, 10.52.130, and 10.52.480 are amended to read as follows: 10.52.110 Parking for advertising or demonstration purposes prohibited when. No vehicle displaying advertising matter for the primary purpose of commercial advertising, as prohibited by CVMC 5.08.030 through 5.08.060, shall pazk upon any residential street or public parking area in this city. This prohibition shall not apply to a vehicle being offered "for sale." (Ord. 2946 § 1, 2004; Ord. 2670 § 1, 1996; Ord. 2255 § 1, 1988; Ord. 973 § 1, 1966; prior code § 19.10.7). 10.52.120 Repairing or greasing of vehicles prohibited where. No person shall build or cause to be built, rebuild or cause to be rebuilt, grease or cause to be greased, or perform any maintenance including changing of oil or flushing radiators on any vehicle or any part thereof upon any public street or public pazking area in the city. Except for temporary emergency repairs, no person shall repair or cause to be repaired any vehicle upon a public street. (Ord. 2670, 1996; Ord. 1744 § 1, 1977; Ord. 973 § 1, 1966; prior code § 19.10.8). 10.52.130 Washing or polishing of vehicles prohibited when. No person shall wash or cause to be washed, or polish or cause to be polished, any vehicle or any par[ thereof upon any public street or public pazking area in the city when a charge is made for such service. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.9). 10.52.480 Municipal parking lots -Designated -Manner of parking required -Schedule XV. Pursuant to Vehicle Code Section 22519, the following azeas aze designated as ofF street public parking lots owned or operated by the city. It is unlawful for any vehicle to pazk in a municipal pazking lot except in accordance with the angle to the curb indicated by signs or pavement mazkings allotting space to pazked vehicles and entirely within the limits of said allotted space, with the front wheel neazest the curb and within six inches of said curb or other stop, and in accordance with the time limits indicated on signs erected in the azea by the city engineer pursuant to regulation adopted under CVMC 10.04.030. The city engineer shall maintain within a register a Schedule XV listing the restrictions applicable to these locations. (Ord. 2983 § 1, 2004; Ord. 2670, 1996; Ord. 2488 § 1, 1991; Ord. 2436 § 1, 1991). Designated Lot Parking Location No. 1 Near southwest corner of Landis and E streets No. 2 Northeast corner of Landis and Davidson streets No. 3 200 block of Landis (North of F Street) No. 4 340 F Street (Near southwest corner of E Street) No. 5 Near southeast corner of Third and Madrona Ordinance No. 3138 Page 3 No.6 Northwest corner of Church and Madrona streets No.7 Southwest comer of Church and Center streets No. 8 281-287 Church Avenue (Between Church and Del Mar streets) No. 9 Southwest comer of Church and Davidson streets No. ] 0 Northwest corner of Church and Davidson streets No. 11 222 Church Avenue (Between E and Davidson streets) NPSC Norman Park Senior Center (Between F and Center streets) City Hall Em loyee Lot North side of F Street, West of intersection with Fourth Avenue Chula Vista Community Park Lot South of Chula Vista Community Pazk and West of Eastlake Parkway City Employee Lot West of Maxwell Road and North of Main Street at the John Lippit Public Works Center Ken Lee Lot West of Fourth Avenue and South of F Street Police Department Parking Stmcture East of Fourth Avenue and South of F Street SECTION III. Chapter 10 Section 10.56 Pazking Meters, Parking Meter Zones and Permit Parking is amended by adding Section 10.56.095 and amending the text of Sections 10.56.020, 10.56.030, 10.56.040, 10.56.080, 10.56.090, 10.56.100, 10.56.110, 10.56.120, 10.56.130, 10.56.140, 10.56.150, 10.56.180, 10.56.190, 10.56.270, 10.56.280, 10.56.300, 10.56.300, and 10.56.310 as follows: 10.56.040 Meter zones -Designated -Time limits authorized in zone -Schedule XI. 10.56.090 Meters, Individual -Display of time limit. 10.56.095 Meters, Multi-space-Display of time limit. 10.56.190 Payment by unauthorized person prohibited. 10.56.280 Permit pazking -Form of permit -Permit parking authorized when. 10.56.310 Permits or tags -Sale procedure -Display of permit. 10.56.020 Meters -Installation and maintenance -Rates for use. The City Council shall provide for the installation of parking meters including curb or street marking lines, regulation and operation thereof, cause said meters to be maintained in good workable condition, and set the rates for pazking in a space regulated by said meters by ordinance. The rates for pazking in a space regulated by a meter aze as follows: A. Thirty (30) Minute Meters. A $0.25 deposit up to the maximum time limit established for the zone in which the meter is located; or B. Two (2), Three (3) and Four (4) Hour Meters. A $0.25 deposit for each 30-minute interval or a $0.50 deposit for each one-hour interval up to the maximum legal time limit established for the zone in which the meter is located; or Ordinance No. 3138 Page 4 C. Ten (10) Hour Meters. A $0.25 deposit for each one-hour period up to the maximum legal time limit established for the zone in which the meter is located. (Ord. 3094 § 2, 2007; Ord. 2670, 1996; Ord. 2436 § 2, 1991; Ord. 2367 § 1, 1990; Ord. 2143 § 1, 1986; Ord. 955 § 3, 1965). 10.56.030 Meter zones -Established -Regulations generally. Pursuant to the authority of Vehicle Code Section 22508, pazking meter zones and the rate of fees for pazking in such zones shall be established in this CVMC Chapter 10 and applicable to those public parking lots and streets or parts of streets as identified and as described in CVMC 10.56.040, Schedule XI, in which zones the pazking of vehicles shall be regulated by pazking meters for the duration of time specified in said Schedule XI and for the hours of operation identified in CVMC 10.56.150. (Ord. 2670, 1996; Ord. 2436 § 3, 1991; Ord. 973 § 1, 1966; prior code § 19.17.1(A)). 10.56.040 Meter zones -Designated -Time limits authorized in zone -Schedule XI. In accordance with CVMC 10.56.030, pazking meter zones aze hereby established upon those public parking lots and streets or portions of streets described herein in which parking of vehicles shall be regulated by parking meters between the hours and on days specified in CVMC 10.56.150 and upon the signs erected thereon, and for the duration specified below and upon the signs erected thereonas follows: Schedule XI Name of Street Beginning At Ending At Side Duration Center Street Third Avenue Del Mar Avenue N/S 1 hour Church Avenue F Street E Street E/W 2 hours Church Avenue Center Street Madrona Street E/W 2 hours Del Maz Avenue F Street Center Street East 2 hours E Street Garrett Avenue 100 ft. E/E curbline of Landi s N/S 2 hours Avenue F Street Garrett Avenue Del Maz Avenue North 2 hours G Street 100 ft. W/W curbline of Third 100 ft. E/E curbline of Churc h N/S 2 hours Avenue Avenue Garrett Avenue 125 ft. S/S curbline of E Street 150 ft. N/N curbline of E Street East 2 hours Landis Avenue F Street 300 ft. N/N curbline of E Street East 2 hours Landis Avenue F Street 170 ft. N/N curbline of E Street West 2 hours Madrona Street Third Avenue 125 ft. E/E curbline of Third N/S 2 hour Avenue Park Way 125 ft. w/w curbline of Third Third Avenue N/S 2hour Avenue Ordinance No. 3138 Page 5 Third Avenue Third Avenue Third Avenue Third Avenue Designated Parking Lot No. 1 No. 2 No. 3 No. 4 No. 5 No.6 No.7 No. 8 No. 9 No. 10 No. 11 NPSC E Street Center Street Madrona Avenue E Street Location Neaz southwest comer of Landis and E streets Northeast corner of Landis and Davidson streets 200 block of Landis (North of F Street) 340 F Street (Neaz southwest corner of E Street) Near southeast corner of Third and Madrona Northwest corner of Church and Madrona streets Southwest comer of Church and Center streets 281-287 Church Avenue (Between Church and Del Maz streets) Southwest corner of Church and Davidson streets Northwest corner of Church and Davidson streets 222 Church Avenue (Between E and Davidson streets) Norman Park Senior Center (Between F and Center streets) Center Street Madrona Avenue Alvazado Street Roosevelt Street East 2 hours East 30 minutes or 2 hours East 2 hours West 2 hours Duration 10 hours 4 hours 10 hours 3 hours Unlimited 4 hours 10 hours 10 hours 10 hours 4 hours 10 hours 10 hours 2 hours The City Engineer shall maintain within a register a Schedule XI listing the restrictions applicable to these locations where pazking meter zones have been established. (Ord. 2983 § 2, 2004; Ord. 2712 § 1, 1997; Ord. 2670, 1996; Ord. 2623 § 1, 1995; Ord. 2488 § 2, 1991; Ord. 2436 § 4, 1991; Ord. 973 § 1, 1966; prior code § 19.22.1). 10.56.080 Meters -Installation -Location. Individual parking meters shall be installed upon the curb or sidewalk or azea immediately adjacent to each parking space in a parking meter zone. Each meter shall be placed in such manner as to show or display by sign or signal that the parking space adjacent thereto is or is not legally in use. Multi-space parking meters shall be located within the zone regulated and indicated by appropriate parking control devices. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.2(A)). 10.56.090 Meters, Individual -Display of time limit. Each parking meter shall be designed to display, after the operational procedure has been completed, a sign or signal indicating legal pazking for that period of time conforming to the limit of parking time or portion thereof for which payment has been made for the zone in which said pazking meter is installed, and shall continue to operate from the time of the completion of the operational procedure until the expiration of the time fixed as the pazking limit or a portion thereof for the parking space for which said meter is placed. Each parking meter shall also be arranged so that upon the expiration of said legal parking time it will indicate by a mechanical operation and by proper signal that the lawful parking period has expired. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.2(B)). Ordinance No. 3138 Page 6 10.56.095 Meters, Multi-space -Display of time limit A multi-space meter shall, after deposit of payment required, dispense a ticket on which the amount of payment deposited, the applicable meter zone/lot that the ticket for which the ticket is valid, and expiration date and time of valid parking period will be displayed. 10.56.100 Meter zone -Manner of parking required. When any vehicle is to be pazked within a pazking space regulated by a parking meter, the operator of said vehicle shall park within the assigned azea designated by mazking lines indicating pazallel, diagonal, perpendiculaz, or other such manner of parking. A. When a parking space regulated by a parking meter is parallel to an adjacent curb or sidewalk, any vehicle parked in such parking space shall be pazked so that the foremost part of such vehicle shall be alongside of the nearest pazking meter. B. When a pazking space regulated by a individual parking meter is diagonal to a curb or sidewalk, any vehicle parked in such parking space shall be pazked with the foremost part of such vehicle directly at and neazest to such meter. C. When a pazking space is regulated by a multi-space meter, any vehicle parked within such pazking space shall pazk in a manner such that the foremost part of the vehicle enters the space prior to the remainder of the vehicle. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.3). 10.56.110 Meter -Driver operations required. Upon pazking a vehicle in a pazking space regulated by a parking meter, the owner or operator of such vehicle shall immediately make payment in the amount required by CVMC Section 10.56.020 for the time limit or any fractional portion as may be authorized for the zone in which said pazking meter is installed. A. For an individual parking meter, after the deposit of payment as required by this section, the owner or operator of such vehicle shall turn any crank, knob, handle or other device or perform such other actions as may be required in accordance with the instructions posted on the face of said pazking meter. B. For amulti-space meter, the owner or operator of such vehicle shall select the time period that the vehicle will remain pazked in the pazking space, make payment in the manner required in accordance with the instructions on said parking meter, remove the ticket dispensed from the parking meter, and place such ticket on the dashboazd of said vehicle such that it is cleazly visible from the exterior of the vehicle. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.4(A)). 10.56.120 Meter zone -Parking unlawful when. Said parking space may then be used by such vehicle during the legal pazking limit or fractional part thereof as may be authorized for the zone in which said parking meter is installed. Said vehicle shall be unlawfully parked if it remains in said space: Ordinance No. 3138 Page 7 A. When the owner or operator has not complied with the operational procedure described in CVMC 10.56.] 10; or B. Beyond the legal pazking limit or fractional part thereof as indicated by a sign or signal displayed by the individual pazking meter. C. Beyond the legal pazking limit or fractional part thereof as indicated on the ticket dispensed from the multi-space parking meter. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.a(B». 10.56.130 Parking meter -Overtime. No person shall permit a vehicle to remain pazked in any pazking meter zone when the meter shows the parking time has expired or the ticket dispensed by the multi-space meter shows the parking time has expired. (Ord. 2670 § 1, 1996; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966; prior code § 19.17.4(C)). 10.56.140 Parking meter -Extra time prohibited. A. No person shall permit a vehicle to remain parked beyond the time limit established for any parking meter zone in which the vehicle is parked. B. No person shall deposit or cause to be deposited in a pazking meter any payment for the purpose of increasing or extending the time during which a vehicle is parked beyond the time limit established for the pazking meter zone in which the vehicle is parked. (Ord. 2670 § 1, 1996; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966; prior code § 19.17.4(D)). 10.56.150 Parking meter -Time of operation. Pazking meters shall be operated in parking meter zones every day between the hours of 9:00 a.m. and 6:00 p.m., except Sundays and holidays defined in CVMC 10.08.110. (Ord. 2670, 1996; Ord. 2436 § 5, 1991; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966; prior code § 19.17.4 (E)). 10.56.180 Meters -Improper use prohibited. No person shall deposit or cause to be deposited in any parking meter any defaced, bent or counterfeit coin, slug, coin other than those of the United States, device, or other material or instrument as substitute for a coin of the United States, except parking meter tokens authorized by the city. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.7). 10.56.190 Deposit of coins by unauthorized person prohibited. No person, other than the owner or operator of a vehicle, or a member of the police depaztment, as authorized in CVMC 10.56.110 through 10.56.150, shall deposit any payment in any parking meter without the knowledge or consent of said owner or operator of the vehicle using the parking space regulated by such meter. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.8). 10.56.270 Permit parking -Established -Administration authority. Notwithstanding any other provisions of this chapter, there is hereby established a system of permit parking which the finance office, or his designee, shall administer subject to the standards and provisions set forth in CVMC 10.56.280 through 10.56.320. (Ord. 2670 § I, 1996; Ord. 973 § 1, 1966; prior code § ] 9.17.14). Ordinance No. 3138 Page 8 10.56.280 Permit parking -Authorized when -Sticker or tag required. In those pazking meter zones and municipal parking lots approved by ordinance of the City Council, described in CVMC 10.56.290 and listed in Schedule XII of the register maintained by the City Engineer, a person may park any vehicle upon any public parking lots, designated by a 10-hour time limit, owned or operated by the city upon proper display of a valid and current pazking permit, in lieu of deposit of payment in the parking meter. (Ord. 2670, 1996; Ord. 2436 § 6, 1991; Ord. 2131 § 1, 1985; Ord. 973 § 1, 1966; prior code § 19.17.14(A)). 10.56.290 Permit parking -Areas designated -Schedule XII. Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC 10.56.270 and 10.56.280, the following azeas are also designated as permit parking areas wherein vehicles displaying appropriate pazking permits or tags shall be allowed to park in spaces so marked for up to 10 hours (all day). Schedule XII Parking Zone Location Public Pazking Lots 1 to 11 (Pazking Meter Zones) See CVMC 10.56.040 for locations (Ord. 2983 § 3, 2004; Ord. 2670, 1996; Ord. 2488 § 3, 1991; Ord. 2436 § 7, 1991; Ord. 2131 § 1, 1985; Ord. 973 § 1, 1966; prior code § 19.22.1). 10.56.300 Permits or tags -Cost -Period of validity -Prorating permitted when. For the required fee (s) said pazking permits shall be sold to cover a calendar quarter of three months' duration. Said permits may be obtained at the city finance office or other designated location. Applicants must be merchants or employees of merchants owning or operating businesses within the downtown business azea or city officers on behalf of city employees assigned to Norman Pazk Center. Applicants may request a proration of the quarterly fee if they aze purchasing a permit for the balance of the calendar quarter, and such proration shall be made at the sole discretion of the finance officer, or his designee. (Ord. 2670 § 1, 1996; Ord. 2506 § 1, 1992; Ord. 2488 § 4, 1991; Ord. 2436 § 8, 1991; Ord. 2131 § 1, 1985; Ord. 973 § 1, 1966; prior code § 19.17.14(B)). 10.56.310 Permits or tags -Sale procedure -Display of permit. The finance officer, or his designee, shall establish the necessary procedure for the sale of such permits, and shall obtain the necessazy permits which when displayed from the interior of a vehicle shall be cleazly visible from the exterior of the vehicle. (Ord. 2670 § 1, 1996; Ord. 2436 § 9, 1991; Ord. 973 § 1, 1966; prior code § 19.17.14(C)). SECTION IV. Chapter 10 Section 10.62 Parking Violations and Enforcement is amended by adding Sections 10.62.020 and 10.62.030 and amending the text of 10.62.010 as follows: 10.62.010 Pazking Enforcement -Authorized agents. 10.62.020 Enforcement -Written notice of violation -Contents -Placement. 10.62.030 Civil and late payment penalties and fees. Ordinance No. 3138 Page 9 10.62.010 Parking Enforcement -Authorized agents. A. Every Police officer and every City employee, and every volunteer (designated by the Chief of Police) chazged with enforcement of the provisions of Chapters 10_52, 10_56 and 10.60 CVMC relating to illegal parking and time limitations in pazking meter zones, the provisions of the California Vehicle Code, and the other laws of the state applicable to pazking violations within the City, shall have the duty, when any vehicle is illegally pazked, to issue written notice of violation thereof stating the state vehicle license number, make of such vehicle, the time and date of such illegal parking, meter number, street location, and a reference to the appropriate section of the code and the amount of the penalty for the violation. B. Contract Enforcement. The City may enter into a contract with a duly qualified company, approved by the Chief of Police, to provide enforcement of the Chula Vista Municipal Code Chapters 10.52, 10.56 and 10.60 relating to CVMC infractions only. 10.62.020 Enforcement -Written notice of violation -Contents -Placement. When any vehicle is illegally parked an authorized agent may issue written notice of violation, in conformance with Vehicle Code § 40202. The peace office or person authorized to enforce pazking laws and regulations shall securely attach to the vehicle a notice of pazking violation setting forth the violation including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than twenty-one (21) calendar days from the date of citation issuance; and the procedure for the registered owner, lessee or rentee to deposit the pazking penalty or pursuant to Section 40215, contest the citation. The notice of pazking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein. The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person. 10.62.030 Civil and late payment penalties and fees. 1. Base penalty amounts for the following Chula Vista Municipal Code violations shall be $12.00 if paid within thirty (30) days of the notice of violation: CVMC 10.56.100; 10.56.110; 10.56.120; 10.56.140. 2. Base penalty amounts for the following Chula Vista Municipal Code violations shall be $50.00 if paid within thirty (30) days of the notice of violation: CVMC 10.52.485. 3. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle Code violations shall be $25.00 if paid within 30 days of the notice of violation: CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210; 10.52.240; 10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.130; ] 0.56.310. California Vehicle Code Sections 2113(a); 22515; 22520. Ordinance No. 3138 Page 10 4. Base penalty amounts for the following Chula Vista Municipal Code violations and California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of violation: CVMC 10.52.040; 10.52.060; 10.52.070(A)(1) - (14); 10.52.090; 10.52.150; 10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450; 10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100. California Vehicle Code Sections 21211; 22500(a) - (h); 22500(j), (k); 22500.1; 22514; 22516; 22517. 5. Base penalty amounts for the following California Vehicle Code violations shall be $25.00. The base penalty will be reduced to $10.00 upon submission of proof of correction within the time frames specified in the Vehicle Code of the state of California: California Vehicle Code Sections 5200; 5201; 5204(a). 6. The base penalties for the following California Vehicle Code violations shall be as set forth below: California Vehicle Code Sections 4462(b) - $100.00; 22500(1) - $250.00; 22500(1) - $275.00; 22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00. 7. The base penalties for Chula Vista Municipal Code and California Vehicle Code violations not listed above shall be $35.00 if paid within thirty (30) days of the notice of violation, unless the penalty amount is set by the Vehicle Code of the state of California. 8. The owner or operator may mail such payments to the City's Director of Finance within the time established herein, but shall be responsible for delivery thereof to the office of the Director of Finance. 9. Late Payment Penalties. All base penalties under $250.00 listed in subsections (B)(2) through (6) of this section shall double if not paid within thirty (30) days of the notice of violation, unless specifically restricted by the Vehicle Code of the state of California. The penalty for violations listed in subsection (B)(1) of this section shall be $35.00 if the penalty is not paid within 30 days of the notice of violation. C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest the violation pursuant to Sections 40200.7 and 40215 of the Vehicle Code of the state of California will result in either notification of the Department of Motor Vehicles, which agency shall collect the maximum penalties and fee(s) established hereby at such time as the owner or operator seeks to register his vehicle in accordance with the provisions of Section 4760 of the Vehicle Code of the state of California, or if applicable, in legal proceedings being instituted in court against the person responsible for the unpaid penalties and fees in accordance with the provisions of Section 40220 of the Vehicle Code of the state of California. For those citations that remain unpaid beyond thirty (30) days and for which a hold is placed on the registration by the Department of Motor Vehicles, an additional $10.00 fee shall be assessed. (Ord. 3094 § 1, 2007; Ord. 2923 § 2, 2003; Ord. 2670 § 1, 1996; Ord. 2638 § 1, 1995; Ord. 2490 § 1, 1991; Ord. 2136 § 1, 1985; Ord. 2097 § 1, 1985; Ord. 1960 § 1, 1981; Ord. 1867 § 3, 1979). SECTION V. Effective Date This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Ordinance No. 3138 Page 1 I Presented by Approved as to form by i ,,99 ~~ ~ / ti's ~ ~~ % ,~/ ~' ~~'~~ Gary H lbert P. ., AICP Bart C. Meisfelfd' Deputy City anager/Development Services City Attorney Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of October 2009, by the following vote: AYES: Councilmembers: Bensoussan, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Castaneda 11.4.. Cheryl Cox, Mayer ATT/E~ ST: Donna R. Norns, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3138 had its first reading at a regulaz meeting held on the 15th day of September 2009 and its second reading and adoption at a regulaz meeting of said City Council held on the 6th day of October 2009; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 6th day of October 2009. /~0'ltaGt. ~, L~.a Donna R. Norris, CMC, City Clerk