40200. (a) Any violation of any regulation that is not a
misdemeanor governing the standing or parking of a vehicle under this
code, under any federal statute or regulation, or under any
ordinance enacted by local authorities is subject to a civil penalty.
The enforcement of those civil penalties shall be governed by the
civil administrative procedures set forth in this article.
(b) Except as provided in Section 40209, the registered owner and
driver, rentee, or lessee of a vehicle cited for any violation of any
regulation governing the parking of a vehicle under this code, under
any federal statute or regulation, or under any ordinance enacted by
a local authority shall be jointly liable for parking penalties
imposed under this article, unless the owner can show that the
vehicle was used without consent of that person, express or implied.
An owner who pays any parking penalty, civil judgment, costs, or
administrative fees pursuant to this article shall have the right to
recover the same from the driver, rentee, or lessee.
(c) The driver of a vehicle who is not the owner thereof but who
uses or operates the vehicle with the express or implied permission
of the owner shall be considered the agent of the owner to receive
notices of parking violations served in accordance with this article
and may contest the notice of violation.
40200.3. (a) All parking penalties collected by the processing
agency, which may be the issuing agency, including process service
fees and fees and collection costs related to civil debt collection,
shall be deposited to the account of the issuing agency, except that
those sums attributable to the issuance of a notice of parking
violation by a peace officer of the Department of the California
Highway Patrol shall be deposited in the account in the jurisdiction
where the violation occurred, and except those sums payable to a
county pursuant to Chapter 12 (commencing with Section 76000) of
Title 8 of the Government Code and that portion of any parking
penalty which is attributable to an increase in the parking bail
amount effective between September 16, 1988, and July 1, 1992,
inclusive, pursuant to Section 1463.28 of the Penal Code. Those
funds attributable to this increase in bail shall be transferred to
the county treasurer and deposited in the general fund. Any increase
in parking penalties effective after July 1, 1992, shall accrue to
the benefit of the issuing agency.
(b) The processing agency shall prepare a report at the end of
each fiscal year setting forth the number of cases processed, and all
sums received and distributed, together with any other information
that may be required by the issuing agency or the Controller. This
report is a public record and shall be delivered to each issuing
agency. Copies shall be made available, upon request, to the county
auditor, the Controller, and the grand jury.
40200.4. (a) The processing agency shall deposit with the county
treasurer all sums due the county as the result of processing a
parking violation not later than 45 calendar days after the last day
of the month in which the parking penalty was received.
(b) Except as provided in subdivisions (c) and (d), if a court
within a county has been processing notices of parking violations and
notices of delinquent parking violations for a city, a district, or
any other issuing agency, the issuing agency and the county shall
provide in an agreement for the orderly transfer of the processing
activity as soon as possible but not later than January 1, 1994. The
agreement shall permit the court to phase out, and the issuing
agency to phase in, or transfer, personnel, equipment, and facilities
that may have been acquired or need to be acquired in contemplation
of a long-term commitment to processing of notices of parking
violations and notices of delinquent parking violations for the
issuing agency under this article. The court shall transfer the
processing function for parking citations issued by the Department of
the California Highway Patrol to the processing agency in the city
or county where the violation occurred.
(c) If Contra Costa County or San Mateo County, or a court in
either county, had a contract in effect on January 1, 1992, to
process notices of parking violations and notices of delinquent
parking violations for a city, district, or other issuing agency
within the particular county or counties, the county may continue to
provide those services to the issuing agencies pursuant to the terms
of the contract and any amendments thereto, to and including June 30,
1996, after which Section 40200.5 shall govern any contracts entered
into for these services.
(d) San Francisco Municipal Court employees engaged in processing
notices of parking violations and the positions of those employees
shall be transferred to equivalent civil service positions in the
City and County of San Francisco.
(e) No court employee shall be terminated or otherwise released
from employment as a result of the transfer of processing notices of
parking violations and notices of delinquent parking violations from
the courts to the issuing agencies.
(f) As used in this article, "parking penalty" includes the fine
authorized by law, including assessments authorized by this article,
any late payment penalty, and costs of collection as provided by law.
40200.5. (a) Except as provided in subdivision (c) of Section
40200.4, an issuing agency may elect to contract with the county,
with a private vendor, or with any other city or county processing
agency, other than the Department of the California Highway Patrol or
other state law enforcement agency, within the county, with the
consent of that other entity, for the processing of notices of
parking violations and notices of delinquent parking violations,
prior to filing with the court pursuant to Section 40230.
If an issuing agency contracts with a private vendor for
processing services, it shall give special consideration to minority
business enterprise participation in providing those services. For
purposes of this subdivision, "special consideration" has the same
meaning as specified in subdivision (c) of Section 14838 of the
Government Code, as it relates to small business preference.
(b) Any contract entered pursuant to subdivision (a) shall provide
for monthly distribution of amounts collected between the parties,
except those amounts payable to a county pursuant to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code and
amounts payable to the Department of Motor Vehicles pursuant to
Section 4763 of this code.
40200.6. (a) If a contract is entered into pursuant to Section
40200.5, for the purposes of this article, "processing agency" means
the contracting party responsible for the processing of the notices
of parking violations and notices of delinquent parking violations.
(b) The governing body of the issuing agency shall establish
written policies and procedures pursuant to which the contracting
party shall provide services.
(c) The issuing agency shall be responsible for all actions taken
by contracting parties and shall exercise effective oversight over
the parties. "Effective oversight" includes, at a minimum, an annual
review of the services of the processing agency and a review of
complaints made by motorists using the services of the processing
agency. The issuing agency shall establish procedures to investigate
and resolve complaints by motorists about any processing agency.
(d) Subdivision (c) does not apply to an issuing agency that is a
law enforcement agency if the issuing agency does not also act as the
processing agency.
40200.8. The parking processing agency shall notify the department
and recall any hold on the registration of a vehicle that it filed
with the department in connection with a parking citation if the
processing agency is awarded a civil judgment for the citation
pursuant to subdivision (b) or (c) of Section 40220, or if the
processing agency has granted a review of the issuance of the
citation pursuant to Section 40200.7 or Section 40215.
40202. (a) If a vehicle is unattended during the time of the
violation, the peace officer or person authorized to enforce parking
laws and regulations shall securely attach to the vehicle a notice of
parking 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 21
calendar days from the date of citation issuance; and the procedure
for the registered owner, lessee, or rentee to deposit the parking
penalty or, pursuant to Section 40215, contest the citation. The
notice of parking 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.
(b) 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.
(c) Once the issuing officer has prepared the notice of parking
violation and has attached it to the vehicle as provided in
subdivisions (a) and (b), the officer shall file the notice with the
processing agency. Any person, including the issuing officer and any
member of the officer's department or agency, or any peace officer
who alters, conceals, modifies, nullifies, or destroys, or causes to
be altered, concealed, modified, nullified, or destroyed the face of
the remaining original or any copy of a citation that was retained by
the officer, for any reason, before it is filed with the processing
agency or with a person authorized to receive the deposit of the
parking penalty, is guilty of a misdemeanor.
(d) If, during the issuance of a notice of parking violation,
without regard to whether the vehicle was initially attended or
unattended, the vehicle is driven away prior to attaching the notice
to the vehicle, the issuing officer shall file the notice with the
processing agency. The processing agency shall mail, within 15
calendar days of issuance of the notice of parking violation, a copy
of the notice of parking violation or transmit an electronic
facsimile of the notice to the registered owner.
(e) If, within 21 days after the notice of parking violation is
attached to the vehicle, the issuing officer or the issuing agency
determines that, in the interest of justice, the notice of parking
violation should be canceled, the issuing agency, pursuant to
subdivision (a) of Section 40215, shall cancel the notice of parking
violation or, if the issuing agency has contracted with a processing
agency, shall notify the processing agency to cancel the notice of
parking violation pursuant to subdivision (a) of Section 40215. The
reason for the cancellation shall be set forth in writing.
If, after a copy of the notice of parking violation is attached to
the vehicle, the issuing officer determines that there is incorrect
data on the notice, including, but not limited to, the date or time,
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 on the processing agency's data system. A copy
of the correction shall be mailed to the registered owner of the
vehicle.
(f) Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
cancellation.
40203. The notice of parking violation shall be accompanied by a
written notice of the amount of the parking penalty due for that
violation, the address of the person authorized to receive a deposit
of the parking penalty, a statement in bold print that payments of
the parking penalty for the parking violation may be sent through the
mail, and instructions on obtaining information on the procedures to
contest the notice of parking violation.
40203.5. (a) The schedule of parking penalties for parking
violations and late payment penalties shall be established by the
governing body of the jurisdiction where the notice of violation is
issued. To the extent possible, issuing agencies within the same
county shall standardize parking penalties.
(b) Parking penalties under this article shall be collected as
civil penalties.
40204. If the parking penalty is received by the person authorized
to receive the deposit of the parking penalty and there is no contest
as to that parking violation, the proceedings under this article
shall terminate.
40205. If a person contests the parking violation, the processing
agency shall proceed in accordance with Section 40215.
40206. (a) If the payment of the parking penalty is not received by
the person authorized to receive a deposit of the parking penalty by
the date fixed on the notice of parking violation under Section
40202, the processing agency shall deliver to the registered owner a
notice of delinquent parking violation.
(b) Delivery of a notice of delinquent parking violation under
this section may be made by personal service or by first-class mail
addressed to the registered owner, as shown on records of the
Department of Motor Vehicles.
40206.5. (a) Within 15 days of a request, by mail or in person, the
processing agency shall mail or otherwise provide to any person who
has received a notice of delinquent parking violation, or his or her
agent, a photostatic copy of the original notice of parking violation
or an electronically produced facsimile of the original notice of
parking violation. The issuing agency may charge a fee sufficient to
recover the actual cost of providing the copy, not to exceed two
dollars ($2). Until the issuing agency complies with a request for a
copy of the original notice of parking violation, the processing
agency may not proceed pursuant to subdivision (i) of Section 22651,
Section 22651.7, or Section 40220.
(b) If the description of the vehicle on the notice of parking
violation does not substantially match the corresponding information
on the registration card for that vehicle and the processing agency
is satisfied that the vehicle has not been incorrectly described due
to the intentional switching of license plates, the processing agency
shall, on written request of the person cancel the notice of parking
violation without the necessity of an appearance by that person.
(c) For purposes of this section, a copy of the notice of parking
violation may be a photostatic copy or an electronically produced
facsimile.
40207. The notice of delinquent parking violation shall contain the
information specified in subdivision (a) of Section 40202 and
Section 40203, and, additionally shall contain a notice to the
registered owner that, unless the registered owner pays the parking
penalty or contests the citation within 21 calendar days from the
date of issuance of the citation or 14 calendar days after the
mailing of the notice of delinquent parking violation or completes
and files an affidavit of nonliability which complies with Section
40208 or 40209, the renewal of the vehicle registration shall be
contingent upon compliance with the notice of delinquent parking
violation. If the registered owner, by appearance or by mail, makes
payment to the processing agency within 21 calendar days from the
date of issuance of the citation or 14 calendar days after the
mailing of the notice of delinquent parking violation, the parking
penalty shall consist solely of the amount of the original penalty.
No additional fees, assessments, or other charges shall be added.
40208. The notice of delinquent parking violation shall contain, or
be accompanied with, an affidavit of nonliability and information of
what constitutes nonliability, information as to the effect of
executing the affidavit, and instructions for returning the affidavit
to the issuing agency.
40209. If the affidavit of nonliability is returned to the
processing agency within 30 calendar days of the mailing of the
notice of delinquent parking violation together with the proof of a
written lease or rental agreement between a bona fide rental or
leasing company, and its customer which identifies the rentee or
lessee and provides the driver's license number, name, and address of
the rentee or lessee, the processing agency shall serve or mail to
the rentee or lessee identified in the affidavit of nonliability a
notice of delinquent parking violation. If payment is not received
within 21 calendar days from the date of issuance of the citation or
14 calendar days after the mailing of the notice of delinquent
parking violation, the processing agency may proceed against the
rentee or lessee pursuant to Section 40220.
40210. (a) If the affidavit of nonliability is returned with
evidence that the registered owner served has made a bona fide sale
or transfer of the vehicle and has delivered possession thereof to
the purchaser prior to the date of the alleged violation, the
processing agency shall obtain verification from the department that
the registered owner has complied with Section 5602.
(b) If the registered owner has complied with Section 5602, the
processing agency shall cancel the notice of delinquent parking
violation with respect to the registered owner.
(c) If the registered owner has not complied with Section 5602,
the processing agency shall inform the registered owner that the
citation shall be paid in full or contested pursuant to Section
40215. If the registered owner does not comply, the processing
agency shall proceed pursuant to Section 40220.
40211. (a) If the registered owner, or an agent of the registered
owner, or a rentee or lessee who was served with the notice of
delinquent parking violation pursuant to Section 40206 or Section
40209, or any other person who presents the notice of parking
violation or notice of delinquent parking violation after the notice
of delinquent parking violation has been issued for delivery under
Section 40206, deposits the parking penalty with a person authorized
to receive it, the processing agency shall do both of the following:
(1) Deliver a copy of one of the following: the notice of
delinquent parking violation issued under Section 40206; a true and
correct abstract containing the information set forth in the notice
of parking violation if the citation was issued electronically; or an
electronically reproduced listing of the citation information
presented in a notice of delinquent parking violation to the person
and record the name, address, and driver's license number of the
person actually given the copy in the records of the issuing agency.
For the purposes of this paragraph, a copy of the notice of
delinquent parking violation may be a photostatic copy.
(2) Determine whether the notice of delinquent parking violation
has been filed with the department pursuant to subdivision (b) of
Section 40220 or a civil judgment has been entered pursuant to
Section 40220.
(b) If the notice of delinquent parking violation has not been
filed with the department or judgment entered and payment of the
parking penalty, including any applicable assessments, is received,
the proceedings under this article shall terminate.
(c) If the notice of delinquent parking violation has been filed
with the department, has been returned under subdivision (b) or (c)
of Section 4760 or Section 4764, and payment of the parking penalty
together with the administrative service fee of the processing agency
for costs of service and any applicable assessments is received, the
proceedings under this article shall terminate.
(d) If the notice of delinquent parking violation has been filed
with the department and has not been returned under Section 4760,
4762, and 4764, and payment of the parking penalty for, and any
applicable costs of, service in connection with civil debt
collection, is received by the processing agency, the processing
agency shall do all of the following:
(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
in the manner prescribed by the department.
(3) Terminate proceedings on the notice of delinquent parking
violation.
(4) Transmit for deposit all parking penalties and assessments in
accordance with law.
40215. (a) For a period of 21 calendar days from the issuance of a
notice of parking violation or 14 calendar days from the mailing of a
notice of delinquent parking violation, a person may request an
initial review of the notice by the issuing agency. The request may
be made by telephone, in writing, or in person. There shall be no
charge for this review. If, following the initial review, the
issuing agency 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 issuing agency shall cancel the
notice of parking violation or notice of delinquent parking
violation. The issuing agency shall advise the processing agency, if
any, of the cancellation. The issuing agency or the processing
agency shall mail the results of the initial review to the person
contesting the notice.
(b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting
an administrative hearing shall deposit the amount of the parking
penalty with the processing agency. The issuing agency shall provide
a written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory
proof of an inability to pay the amount due. Notice of this
procedure shall be provided to all persons requesting an
administrative hearing. After January 1, 1996, an administrative
hearing shall be held within 90 calendar days following the receipt
of a request for an administrative hearing, excluding time tolled
pursuant to this article. The person requesting the hearing may
request one continuance, not to exceed 21 calendar days.
(c) The administrative hearing process shall include the
following:
(1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be
conducted within the jurisdiction of the issuing agency. If an
issuing agency contracts with an administrative provider, hearings
shall be held within the jurisdiction of the issuing agency or no
more than 21 miles outside the county.
(2) If the person requesting a hearing is a minor, that person
shall be permitted to appear at a hearing or admit responsibility for
the parking violation without the necessity of the appointment of a
guardian. The processing agency may proceed against the minor in the
same manner as against an adult.
(3) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested parking violations.
(4) (A) The issuing agency's governing body or chief executive
officer shall appoint or contract with qualified examiners or
administrative hearing providers that employ qualified examiners to
conduct the administrative hearings. Examiners shall demonstrate
those qualifications, training, and objectivity necessary to conduct
a fair and impartial review. An examiner shall not be employed,
managed, or controlled by a person whose primary duties are parking
enforcement, parking citation, processing, collection, or issuance.
The examiner shall be separate and independent from the citation
collection or processing function. An examiner's continued
employment, performance evaluation, compensation, and benefits shall
not, directly or indirectly, be linked to the amount of fines
collected by the examiner.
(B) Examiners shall have a minimum of 20 hours of training. The
examiner is responsible for the costs of the training. The issuing
agency may reimburse the examiner for those costs. Training may be
provided through (i) an accredited college or university, (ii) a
program conducted by the Commission on Peace Officer Standards and
Training, (iii) American Arbitration Association or a similar
established organization, or (iv) through any program approved by the
governing board of the issuing agency, including a program developed
and provided by, or for, the agency. Training programs may include
topics relevant to the administrative 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. Upon the approval of
the governing board of the issuing agency, up to 12 hours of relevant
experience may be substituted for up to 12 hours of training. In
addition, up to eight hours of the training requirements described in
this subparagraph may be credited to an individual, at the
discretion of the governing board of the issuing agency, based upon
training programs or courses described in (i) to (iv), inclusive,
that the individual attended within the last five years.
(5) The officer or person who issues a notice of parking violation
shall not be required to participate in an administrative hearing.
The issuing agency 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 prima facie evidence of the violation.
(6) The examiner's decision following the administrative hearing
may be personally delivered to the person by the examiner or sent by
first-class mail.
(7) Following a determination by the examiner that a person has
committed the violation, the examiner may, consistent with the
written guidelines established by the issuing agency, allow payment
of the parking penalty in installments, or an issuing agency may
allow for deferred payment or allow for payments in installments, if
the person provides evidence satisfactory to the examiner or the
issuing agency, as the case may be, of an inability to pay the
parking penalty in full. If authorized by the governing board of the
issuing agency, the examiner may permit the performance of community
service in lieu of payment of a parking penalty.
(d) The provisions of this section relating to the administrative
appeal process do not apply to an issuing agency that is a law
enforcement agency if the issuing agency does not also act as the
processing agency.
40220. Except as otherwise provided in Sections 40221 and 40222,
the processing agency shall proceed under only one of the following
options in order to collect an unpaid parking penalty:
(a) File an itemization of unpaid parking penalties and service
fees with the department for collection with the registration of the
vehicle pursuant to Section 4760.
(b) If more than four hundred dollars ($400) in unpaid penalties
and fees have been accrued by any person or registered owner, proof
thereof may be filed with the court with the same effect as a civil
judgment. Execution may be levied and other measures may be taken
for the collection of the judgment as are authorized for the
collection of an unpaid civil judgment entered against a defendant in
an action on a debtor. The court may assess costs against a
judgment debtor to be paid upon satisfaction of the judgment. The
processing agency shall send a notice by first-class mail to the
person or registered owner indicating that a judgment shall be
entered for the unpaid penalties, fees, and costs and that, after 21
calendar days from the date of the mailing of the notice, the
judgment shall have the same effect as an entry of judgment against a
judgment debtor. The person or registered owner shall also be
notified at that time that execution may be levied against his or her
assets, liens may be placed against his or her property, his or her
wages may be garnisheed, and other steps may be taken to satisfy the
judgment. If a judgment is rendered for the processing agency, that
agency may contract with a collection agency to collect the amount of
that judgment.
Notwithstanding any other provision of law, the processing agency
shall pay the established first paper civil filing fee at the time an
entry of civil judgment is requested.
(c) If the registration of the vehicle has not been renewed for 60
days beyond the renewal date, and the citation has not been
collected by the department pursuant to Section 4760, file proof of
unpaid penalties and fees with the court with the same effect as a
civil judgment as provided in subdivision (b).
40221. The processing agency shall not file a civil judgment with
the court relating to a parking violation which has been filed with
the department unless the processing agency has determined that the
registration of the vehicle has not been renewed for 60 days beyond
the renewal date and the citation has not been collected by the
department pursuant to Section 4760.
40222. The processing agency shall terminate proceedings on the
notice of delinquent parking violation in any of the following cases:
(a) Upon receipt of collected penalties and administrative fees
remitted by the department under Section 4762 for that notice of
delinquent parking violation. The termination under this subdivision
is by satisfaction of the parking penalty.
(b) If the notice of delinquent parking violation was returned to
the processing agency pursuant to Section 4764 and five years have
elapsed since the date of the violation. The termination under this
subdivision is by the running of a statute of limitation of
proceedings.
(c) The processing agency receives information, which it shall
verify with the department, that the penalty has been paid to the
department pursuant to Section 4762.
40224. The time limitation provided by law for commencement of a
civil action for a violation specified in Section 40200 shall be
tolled from and after the date a notice of delinquent parking
violation is filed with the department pursuant to subdivision (b) of
Section 40220 until the notice is returned to the processing agency
under subdivision (b) of Section 4760 or Section 4762 or 4764 or is
recalled by the processing agency pursuant to subdivision (d) of
Section 40211.
40225. (a) An equipment violation entered on the notice of parking
violation attached to the vehicle under Section 40203 shall be
processed in accordance with this article. All of the violations
entered on the notice of parking violation shall be noticed in the
notice of delinquent parking violation delivered pursuant to Section
40206, together with the amount of civil penalty.
(b) Whether or not a vehicle is in violation of any regulation
governing the standing or parking of a vehicle but is in violation of
subdivision (a) of Section 5204, a person authorized to enforce
parking laws and regulations shall issue a written notice of parking
violation, setting forth the alleged violation. The violation shall
be processed pursuant to this section.
(c) The civil penalty for each equipment violation, including
failure to properly display a license plate, is the amount
established for the violation in the Uniform Bail and Penalty
Schedule, as adopted by the Judicial Council, except that upon proof
of the correction to the processing agency, the penalty shall be
reduced to ten dollars ($10). The reduction provided for in this
subdivision involving failure to properly display license plates
shall only apply if, at the time of the violation, valid license
plates were issued for that vehicle in accordance with this code.
The civil penalty for each violation of Section 5204 is the amount
established for the violation in the Uniform Bail and Penalty
Schedule, as adopted by the Judicial Council, except that upon proof
of the correction to the processing agency, the penalty shall be
reduced to ten dollars ($10).
(d) Fifty percent of any penalty collected pursuant to this
section for registration or equipment violations by a processing
agency shall be paid to the county for remittance to the State
Treasurer and the remaining 50 percent shall be retained by the
issuing agency and processing agency subject to the terms of the
contract described in Section 40200.5.
(e) Subdivisions (a) and (b) do not preclude the recording of a
violation of subdivision (a) or (b) of Section 4000 on a notice of
parking violation or the adjudication of that violation under the
civil process set forth in this article.
40226. An issuing agency may, in lieu of collecting a fine for a
citation for failure to display a disabled placard, charge an
administrative fee not to exceed twenty-five dollars ($25) to process
cancellation of a citation in any case where the individual who
received the citation can show proof that he or she had been issued a
valid placard at the time the citation was received.
40230. (a) Within 30 calendar days after the mailing or personal
delivery of the final decision described in subdivision (b) of
Section 40215, the contestant may seek review by filing an appeal to
be heard by the municipal court, or by the superior court in a county
in which there is no municipal court, where the same shall be heard
de novo, except that the contents of the processing agency's file in
the case shall be received in evidence. A copy of the notice of
parking violation or, if the citation was issued electronically, a
true and correct abstract containing the information set forth in the
notice of parking violation shall be admitted into evidence as prima
facie evidence of the facts stated therein. A copy of the notice of
appeal shall be served in person or by first-class mail upon the
processing agency by the contestant. For purposes of computing the
30-calendar-day period, Section 1013 of the Code of Civil Procedure
shall be applicable. A proceeding under this subdivision is a
limited civil case.
(b) The fee for filing the notice of appeal is twenty-five dollars
($25). The court shall request that the processing agency's file on
the case be forwarded to the court, to be received within 15
calendar days of the request. The court shall notify the contestant
of the appearance date by mail or personal delivery. The court shall
retain the twenty-five dollar ($25) fee regardless of the outcome of
the appeal. If the court finds in favor of the contestant, the
amount of the fee shall be reimbursed to the contestant by the
processing agency. Any deposit of parking penalty shall be refunded
by the processing agency in accordance with the judgment of the
court.
(c) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the parking penalty has not been deposited and the decision
is against the contestant, the processing agency shall, after the
decision becomes final, proceed to collect the penalty pursuant to
Section 40220.
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