322 ORDINANCE NO. 322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA AMENDING CHAPTER 4.44 (PARKING
CITATION FINES) OF TITLE 4 (COMPREHENSIVE FEE SCHEDULES,
FINES AND TAXES) OF THE GRAND TERRACE MUNICIPAL CODE TO
IMPLEMENT A PARKING CITATION PAYMENT PROGRAM IN
ACCORDANCE WITH ASSEMBLY BILL 503
WHEREAS, AB 503 amended Section 40220 of the California Vehicle Code,
effective July 1, 2018, prohibiting a city from seeking to file an itemization of unpaid
parking fines with the Department of Motor Vehicles unless that city has implemented an
indigency payment program for indigent drivers with unpaid parking fines and fees; and
WHEREAS, Chapter 4.44 (Parking Citation Fines) of the Grand Terrace Municipal
Code currently does not provide for an indigency payment program in compliance with
AB 503; and
WHEREAS, the City of Grand Terrace ("City") now desires to amend the City's
Municipal Code to comply with AB 503; and
WHEREAS, to accomplish the aforementioned action, the City Council must
amend Chapter 4.44 of Title 4 of the Grand Terrace Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth
in the above Recitals, are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. Section 4.44.010 of Chapter 4.44 of Title 4 of the Grand Terrace
Municipal Code is hereby amended to read as follows:
"4.44.010 — General.
Parking citations shall be issued, processed, and enforced in accordance
with applicable state law including, but not limited to, California Vehicle
Code section 40200 et. seq."
SECTION 3. Section 4.44.015 of Chapter 4.44 of Title 4 of the Grand Terrace
Municipal Code is hereby added and shall read as follows:
"4.44.015 — Parking Citation Fine Payment Plan.
A. Pursuant to Vehicle Code § 40220, when a parking fine or fee is
under $300.00, individuals may enroll in an 18-month payment plan with
Ordinance No. 322 Page 1 of 3 March 12, 2019
payments of no more than $25.00 per month. Payments must be paid
monthly, and no prepayment penalty applies.
B. Enrollment in the plan waives all late fees and penalty assessments,
exclusive of any state surcharges described in Sections 70372, 76000, and
76000.3 of the California Government Code, for indigent individuals
enrolling in the plan. Falling out of compliance may result in the City
reinstating all waived fees and penalty assessments.
C. The City shall rescind the filing of an itemization of unpaid parking
fines with the Department of Motor Vehicles for an indigent individual, for
one time only, if the registered owner or lessee of the vehicle enrolls in a
payment plan and pays a late fee of $5.00.
D. If an individual enrolled in the payment plan is delinquent on a
payment, the individual has a one-time 45 calendar day extension to
resume payments before the City files an itemization of unpaid parking
penalties and service fees with the Department of Motor Vehicles.
E. The plan processing fee is $5.00 for indigent individuals, and $25.00
for all other individuals. For indigent individuals, the plan processing fee
may be added to the payment plan amount at the discretion of the indigent
individual.
F. An individual may file for indigency determination 60 calendar days
after the violation for which the citation was issued or 10 days after an
administrative hearing determination, whichever is later.
G. Indigency Determination
1. An individual is an "indigent" under this section if any of the
following conditions are met:
a. Income of 125% or less of current poverty guidelines
as established by the United States Department of Health and Human
Services, or
b. Receipt of public benefits from any of the programs
listed in subdivision (a) of Section 68632 of the Government Code.
2. An individual may demonstrate indigency, subject to the City's
review and approval, by proof of income or by proof of receipt of benefits
under the programs described in Section 4.44.015(G)(1) of this Code."
SECTION 4, Inconsistencies. Except as amended by this Ordinance, all
provisions of Chapter 4.44 of the Grand Terrace Municipal Code shall remain unchanged
Ordinance No. 322 Page 2 of 3 March 12, 2019
and in full force and effect. Any provision of the Grand Terrace Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
SECTION 5. Severability. Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person
or circumstance and, to that end, the provisions hereof are severable. The City Council
of the City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
SECTION 7. Certification. The Mayor shall sign, and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect 30 days after its final passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 12t" day of March 2019.
77��'
Dares€ e
Mayor
ATTEST:
4'f'(4�
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
'iI Z
Adrian R. Guerra
City Attorney
Ordinance No. 322 Page 3 of 3 March 12, 2019
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 322 was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, at the regular meeting of said City Council held
on the 12th day of March 2019, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson;
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 13th day of March 2019, at Grand Terrace, California.
Debra L. Thomas
City Clerk
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