1994-32 RESOLUTION NO. 94-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING A PARKING CITATION ADMINISTRATIVE
ADJUDICATION MANUAL
WHEREAS, Assembly Bill 408 has transferred the adjudication of parking
citations from the municipal courts to requiring the issuing jurisdiction to process appeals;
and
WHEREAS, the City of Grand Terrace has prepared a Parking Citation
Administrative Adjudication Manual to manage appeals submitted regarding parking
citiations in an objective and effective manner; and
WHEREAS, the Parking Citation Adjudication Manual will be used by the City's
administrative staff to uniformly handle all appeals in an even manner; and
NOW, THEREFORE, it is hereby resolved that the City of Grand Terrace
adopt the a Parking Citation Administrative Adjudication Manual.
PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California,
at the meeting held on the loth day of October, 1994.
ATTEST:
r
f
7l
City Clerk of the City of Grand Terrace M or of the City of Grand Terrace and of
the City Council thereof. and of the City Council thereof.
I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, hereby certify
that the foregoing Resolution was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 10th of October, 1994 by the following
vote:
AYES: Councilmembers Hilksy, Singley,and Buchanan; Mayor
Pro Tem Carlstrom; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
CITY CLERK
APPROVED AS TO FORM
John Harper, City to ey
CITY OF GRAND TERRACE
PARKING CITATION ADMINISTRATIVE ADJUDICATION MANUAL
TABLE OF CONTENTS
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
MISSION STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PHILOSOPHY OF PARKING ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
GOVERNING STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Notice of Parking Violation Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Affixing the Notice of Parking Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Prima Facie Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Seizure of the Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Notice Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Leased and Rented Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 -
1.0 THE HEARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.1 General Approach to Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.1.1 Informality of the Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.1.2 The Role of the Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.1.3 The Conduct of a Hearing Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.1.4 Firmness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.2 Quantity of Evidence Required to Sustain Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.2.1 Substantial Proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.2.2 The Rules of Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.2.3 Official Notice of Common Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.2.4 General Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.3 Examining the Citation to Establish the Prima Facie Case . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.4 The Respondent's Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.4.1 The Respondent's Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.4.2 Respondent's Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.4.3 Respondent's Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
a.Authenticity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
b. Materiality of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
c. Probative Value of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
d.Absence of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.5 The Cross Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.5.1 Objects of Cross-Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1.5.2 Some Suggested Techniques for Cross Examination . . . . . . . . . . . . . . . . . . . . . . . 10
a. Drawing the Witness Out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
b. Rapid Questioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
c. Look for Contradictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
d. Questioning for its Own Sake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
i
1.6 The Administrative Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1.7 The Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1.7.1 Determination . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1.7.2 Rationale for the Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1.8 Late Payment Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1.9 Fine Amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1.10 Prior Dismissals/Precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1.11 Prior History of Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1.12 Duplicate Citations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 16
2.0 HEARING PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2.1 Pre-hearing Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2.2 Begin the Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2.3 Review the Prima Facie Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.4 Admit Liability with Explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.5 Deny Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
—� 2.6 Render a Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.7 Close the Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.8 Special Situations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.8.1 The Unruly Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2.8.2 The Represented Respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.8.3 Ethical Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2.9 Summary of Hearing Examiner's Major Tasks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2.10Indigence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.0 THE PRIMA FACIA CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.2Illegibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4.0 LATE PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4.1 Computation of Late Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1 4.2 Potential Defenses for a Late Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4.2.1 Non-Receipt of Notice . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ll
4.3 Unacceptable Defenses for Being Late . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.3.1 Inconvenience or "Inability" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.3.2 Lost Notices of Parking Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.3.3 Unseen Notices of Parking Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.3.4 Unaware of Additional Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.4 Late Payment Penalty for a Dismissed Citation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.5 Notice of Delinquent Parking Violation After Find Paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.6 Proof of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5.0 CONTINUANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.1 Pre-hearing Continuances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.2 Continuances for Further Proof After Hearing Commences . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.3 Other Continuances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
5.4 Procedure for Recording.Continuances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6.0 TYPES OF HEARINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
6.1Scheduled Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
6.2 Hearing by Written Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
' 7.0 DEFENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
7.1 Denials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
7.1.1 General Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
7.1.2 Material Error in the Vehicle Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
a. When the Claim May be Raised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
b. Proof Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
7.1.3 Material Error in the Allegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
7.1.4 Time of Observation Versus Time of Writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
7.1.5 Challenge to Issuing Officer's Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
7.1.6 Missing Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7.1.7 Obscured Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7.1.8 Defaced Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7.1.9 Preferential Parking Zone Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7.2 Explanations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7.2.1 Vehicle Breakdowns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 27
7.2.2 Poverty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7.2.3 Running Out of Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.3 Unacceptable Defenses or Explanations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.3.1 "Going to the Bathroom" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.3.2 "Short Errands" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.3.3 'Doctor/Dentist Appointment"/"Late for Class" . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.3.4 'Business or Personal Appointment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.3.5 "Car used for City Business" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.3.6 "1 have a valid placard" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
iii
7.3.7 "The permit was in the car. The officer should have seen it" . . . . . . . . . . . . . . . 29
7.3.8 "No Place else to park"/"The lot was full" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.3.9 "I didn't see the sign" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7.3.10 "I didn't understand.the sign" or "I have a University Permit" 30
7.3.11 "The sign was obscured" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7.3.12 "I am doing a service for the City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7.3.13 "I had permission" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7.3.14 "Only part of my car was illegally parked" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7.3.15 "I left someone in the car . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
"I left my parking lights on or blinking" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
"I left a note in the car as to my whereabouts" . . . . . . . . . . . . . . . . . . . . . . . . . . 30
"The motor was running" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7.3.16 "It was only a few minutes" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
7.3.17 "Nobody else got a ticket" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
7.3.18 "The whole block was parked"/"Everyone else was parking there" . . . . . . . . . . . . 31
7.3.19 "Someone else had my car" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
7.3.20 "The officer saw me park and didn't say anything-- or . . : . . . . . . . . . . . . . . . . . 31
"Said it was okay for a few minutes, etc.
7.3.21 "The officer told me" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
7.3.22 "The officer apologized but wrote the citation" . . . . . . . . . . . . . . . . . . . . . . . . 31
7.3.23 "This violation has not been enforced in the past" . . . . . . . . . . . . . . . . . . . . . . . 32
7.3.24 "I've done it for years" or "Everybody does it" . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.3.25 "Diplomatic immunity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.4 Appeals for Leniency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.4.1 "Out of Town Driver"/"Do Not Read English" . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.4.2 "New to the City.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.4.3 "The Fine is too High" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 32
7.4.4 "Towed Vehicles" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
8.0 SPECIAL CLASSES OF VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 33
8.1 Commercial Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
8.2 Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . 34
8.3 City Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9.0 DISABLED PARKING . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9.1 Requirement to Obtain California Disabled Plate and/or Placard . . . . . . . . . . . . . . . . . . . . . 34
9.2 Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
9.3Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
9.4 Parking Privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
9.5 Dismissal of Handicapped Parking Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
10.1 TYPE OF VIOLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
10.1 Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
10.2 Non-Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
iv
11.0 SEIZING OR BOOTING A VEHICLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
11.1 Tow and Storage Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
11.2 Hearings on Seized Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
11.3 Release of Seized Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
11.4 Court Appeal for Seized Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
12.0 RENTAL/LEASED VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
13.0 APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
13.1 Refund of Dismissed Fees Subsequent to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
v
CITY OF GRAND TERRACE
PARKING CITATION ADMINISTRATIVE ADJUDICATION MANUAL
INTRODUCTION
The purpose of this material is to provide the Hearing Examiner with a fairly comprehensive overview of the
major topics affecting this position. It should be emphasized at the outset that this manual is not intended to
contain every detail or present every issue that will come up in the course of the Hearing Examiner's duties;
rather,this Parking Citation Administrative Adjudication Manual is intended to be a primary resource for general
information. The importance of studying this adjudication Manual cannot be over-emphasized. It is, for the
purposes of the City of Grand Terrace Administrative Adjudication Program, the authoritative compilation of
the rules, regulations and policies.
There are certain aspects of being a Hearing Examiner,particularly with respect to the manner in which hearings
are to be conducted or testimony is to be elicited,which are not readily reduced to a written formula. Although
there are general format requirements designed to respond to basic due process concerns,each hearing Examiner
tends to develop his or her own personal"style"within the established parameters. Much of what needs to be
learned can be learned only (or best) by experience.
A treatment much longer than this manual might not anticipate or resolve the full range of issues, intricacies,
variations or problems with which the Hearing Examiner may eventually be confronted. It is hoped, however,
that this manual will provide the Hearing Examiner with a general overview of the issues most likely to arise.
MISSION STATEMENT
`— The mission of the Administrative Adjudication Program is to provide for the hearing and disposition of all
contested cases involving violations of the California Vehicle Code(CVC), the Grand Terrace Municipal Code
(GTMC)parking regulations relating to the parking and impoundment of vehicles within the area of jurisdiction
of the City of Grand Terrace.
The intent of legislation authorizing administrative adjudication is to free limited criminal justice resources for
more serious criminal matters and to provide a more timely,convenient, simplified and less intimidating forum
for the Bearing and disposition of contested parking violations. The City acknowledges that it is important that
the adjudicatory process thus established be fair and convenient from the viewpoint of those contesting alleged
parking violations,while at the same time being efficient, centralized and uniform.
The policies and procedures that have been, or will be established, for the operation of the Administrative
Adjudication Program are designed to be efficient and fair. It is the primary goal of the Administrative
Adjudication Program to provide all individuals charged with a parking violation a forum in which the facts of
their case may be reviewed fairly and a disposition rendered in a timely manner.
PHILOSOPHY OF PARKING ENFORCEMENT
An effective parking enforcement program must protect and fairly apportion scarce parking space for all
legitimate users by insuring that those who violate parking regulations are penalized for doing so. Penalties for
non-payment of citations must be strong enough to discourage violators from being scofflaws. For repeat
offenders who fail to observe parking regulations and fail to pay outstanding parking fines,booting, towing and
impounding should be expected consequences.
1
For those who contest a citation, the adjudication process should be just and timely; it must contribute to the
overall goal of discouraging illegal parking by enforcing parking regulations,but in a way that provides a fair and
impartial hearing for all.
GOVERNING STATUTES
The following is a brief summary of those statutes which are basic to the hearing process. Although the Hearing
Officer may not be directly affected by all of the provisions within a statute, the Hearing Examiner should
nonetheless become familiar with them by reading the statutes in their entirety.
Authority: California Vehicle Code, Article 3
The establishment of the Administrative Adjudication Program is authorized by California Vehicle Code
Article 3,Sections 40200.7 and 40215,which became effective on July 1, 1993, as enacted by California
Assembly Bill 408. The adjudication procedure mandated by AB 408 is detailed as follows:
The issuing or processing agency must perform an administrative review of a citation if the
review is requested within 21 days of issuance of the citation or within 10 days of the mailing
of the Notice of Delinquent Parking Violation.
Within 15 days of the mailing of the results of the administrative review, the person may
request a mail-in or in-person review of the citation by a hearing examiner employed by the
issuing agency. The request for the hearing must be accompanied by payment of the full
amount due for the citation. It is important to note that the parking enforcement officer does
not appear for the hearing.
Within 20 days of the mailing of the hearing examiner's decision, an appeal may be filed with
a civil court. The court currently requires a person filing the appeal to pay a filing fee plus any
other applicable court charges and fees. The appeal is heard de novo in a justice or municipal
court with the parking agency's file in the case submitted as evidence. A copy of the Notice
of Parking Violation is admitted into evidence as prima facie evidence of the violation. If the
court overrules the hearing examiner, the parking agency must refund the filing fee and any
part of the parking penalty that the court may order to be refunded.
NOTE: There are no provisions in the Vehicle Code, nor is the issuing agency required,to conduct an
administrative review or schedule an appearance before a hearing examiner if the mandated time limits
are not followed by a violator.
Notice of Parking Violation Information: CVC Section 40202(a)
The Hearing Examiner should review each Notice of Parking Violation or citation, or a computer printout of
same, to ensure that it contains the following statutorily required information:
* Violation
* Approximate time
* Location
* Vehicle license number
* Registration expiration date (or notation that tabs were not on the vehicle)
Last four digits of the Vehicle Identification Number (VIN), (only required if visible to the
parking enforcement officer)
Color of vehicle
Make of vehicle
City of Grand Terrace 2 Parking Citation Administrative Manual
NOTE: Citations lacking the information marked with an asterisk(*) may be dismissed outright by the hearing
examiner. This is called a summary dismissal and occurs because the City has failed to adequately establish its
prima facie case.
Affixing the Notice of Parking Violation: CVC Section 40202(b) and (d)
The statute requires that a citation be affixed to the motor vehicle or in the case that a vehicle was driven away
before the parking enforcement officer could affix the citation, mailed to the registered owner of the vehicle.
If the respondent claims that the citation was never affixed to the vehicle or seen on the vehicle, and presents
credible evidence to substantiate the claim,this may be grounds for dismissing late fee(s)which accrued because
the citation was not paid or appealed in a timely fashion. The Hearing Examiner must, however, ascertain
whether the respondent was mailed other forms of notice of the alleged violation(s) before a charge can be
dismissed.
Prima Facie Case: CVC Section 40200
A parking citation containing the requisite information (listed above) which is affixed to a motor vehicle is
considered to establish a prima facie case that the registered owner of the vehicle identified on the citation
committed the violation. That is, properly completed citation satisfies the City's burden to establish that the
violation occurred. However, the prima facie case may be successfully rebutted by a respondent by presenting
credible and sufficient evidence that the citation is not valid. What constitutes sufficient evidence to rebut the
citation, and warrant dismissal, is determined in a hearing by a Hearing Examiner and is discussed in detail in
this manual.
Seizure of the Vehicle: CVC Section 22651(i) and 22651.7 (See Sec. 11.0)
The City is authorized to seize,by immobilization (boot) or impound (tow), at the registered owner's expense,
iJ any vehicle that has been issued five or more notices of parking violation over a period of five or more days to
which the registered owner has not responded.
Notice Requirements: CVC Sections 40206, 40207
The California Vehicle Code (CVC) requires that a processing agency notify the registered owner of a vehicle
when a citation for parking violation issued to that vehicle is delinquent. This notice requirement is satisfied
when the processing agency mails a notice of delinquent parking violation to the last known address of the
registered owner, that address being the one which is on file at the Department of Motor Vehicles (DMV).
Therefore, a claim that notice was not received is not normally a valid rebuttal to.a citation. The processing
agency has satisfied the statutory requirements of notice by mailing the delinquent notice to the address of record
at the DMV. Notice mail dates may be verified by information contained in Finance Department records.
Leased and Rented Vehicles: CVC Sections 40209 and 41102 (See Sec. 12.0)
When the vehicle identified on a citation is a leased or rented vehicle, the Vehicle Code mandates certain
processing requirements which are listed below:
A notice of delinquent parking violation (which includes the vehicle license number and date of the
violation) must be sent to the registered owner.
The registered owner of the vehicle may transfer responsibility for the violation to the lessee or renter
of the vehicle at the time of the violation,but only if the name, address, and driver's license number of
the lessee/renter is provided to the processing agency (City) within 30 days of the mail date of the
delinquent notice. If the registered owner does not provide this information with the 30 days allotted,
there is no requirement to transfer responsibility for the citation.
City of Grand Terrace 3 Parking Citation Administrative Manual
Upon receipt of lessee/renter's name, address and driver's license number from the registered owner,
the processing agency(City)shall issue a new notice of delinquent parking violation to the lessee/renter.
If a lessee or renter is notified of a delinquent parking violation, the lessee/renter has the option of
paying the fine which closes the citation or contest its validity through the administrative hearing process.
1.0 THE HEARING
1.1 General Approach to Hearings
1.1.1 Informality of the 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 Examiner
should make this clear to the respondent if the respondent appears confused that
hearing is not being conducted under strict "rules of evidence." Despite this relative
informality, each hearing is recorded on tape so that a record is preserved of the
proceedings in case an appeal is filed. The final decision in a hearing,however, must
be rendered in writing to the respondent.
1.1.2 The Role of the Hearing Examiner
The Hearing Examiner may be described as wearing three hats at once: prosecutor,
defense advocate and judge. As the prosecutor,the Hearing Examiner cross-examines
the respondent, and any witnesses, to determine the credibility of the defense and the
authenticity of any documents presented. As the defense advocate, the hearing
examiner examines the citation for defects in the prima facie case and, in some cases,
helps the respondent articulate the facts of their defense. As the judge, the Hearing
Examiner listens to the respondent's story, weighs the evidence, including any
discrepancies elicited during the cross-examination, and renders a decision based on
the facts of the case and applicable laws.
It is essential that a Hearing Examiner remain independent and impartial. The
Hearing Examiner does not"represent"the City in a hearing,but rather"conducts"the
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 may have in collecting parking fines is simply not a permissible consideration
during the hearing process. In other words, the Hearing Examiner must be a neutral
and objective fact finder. Vehicle Code Section 40215 (b) in fact requires that the
amount of fines upheld by an examiner must not be linked to the examiner's continued
employment, performance evaluations, compensation or benefits.
1.1.3 The Conduct of a Hearing Examiner
To adequately discharge the responsibilities of a Hearing Examiner demands that the
examiner become somewhat involved in each hearing. Respondents, especially those
in good faith, want most of all to believe that they have had a full and fair hearing
before someone who has listened to them objectively,even if the ultimate result of the
hearing is a finding of liable. It is of paramount importance that the hearing examiner
listen attentively and show interest. It may be,of course,difficult to look excited about
hearing,"I just ran into the building to drop off a package"or"I just ran into the office
to pick up a folder"for the twenty-third time. But remember,it is presumable that this
is the only time that day that the respondent has explained the problem. So be patient.
City of Grand Terrace 4 Parking Citation Administrative Manual
Let the respondent tell a complete story and present all pertinent evidence,but at the
_ same time, do not permit irrelevancies to intrude on the hearing process. .
Never get angry. This may be difficult sometimes,since Hearing Examiners are human
and some respondents can become quite abusive. But if the Hearing Examiner is able
to remain calm and professional,this will often cool down an agitated respondent and
will certainly enhance the judicial aura of the proceedings.
It should be obvious, but must be emphasized nevertheless, that a Hearing Examiner
should not be influenced, one way or another, by any personal bias or animus. The
Hearing Examiner,just as obviously,must not solicit or accept anything of value in the
course of his or her duties. Any suspected impropriety must be reported to the City
Manager immediately.
It cannot be overly stressed that even an appearance of impropriety must be avoided.
The Hearing Examiner must not conduct a hearing for any relative, friend or close
personal acquaintance. If the Hearing Examiner knows a respondent, the Hearing
Examiner must inform the City Manager so that another Examiner can be assigned to
the case. The Hearing Examiner must abide by this rule even if the Hearing Examiner
truly believes that a relationship with the respondent will not affect his or her
judgment.
The Hearing Examiner must always maintain control of the hearing. This means,
among other things,being careful to observe the necessary procedural guidelines (see
the section entitled Hearing Procedures). Although the Hearing Examiner should
respond to reasonable requests for information or clarification,the Hearing Examiner
should not be subjected to a "cross-examination" by the respondent. The Hearing
Examiner must not allow the hearing to degenerate into a discussion of matters not
germane to the citation(s) being adjudicated. In particular, it is not the Hearing
- Examiner's function to "defend" City policies or regulations. The Hearing Examiner
renders a decision within the framework of. the policies and procedures, but the
Hearing Examiner position is in no way that of a policy-maker.
1.1.4 Firmness
While it is of great importance to be fair,it is also important to be firm. The Hearing
Examiner may be tempted to find a respondent not liable,or reduce a fine,feeling that
part of justice is leniency or that leniency is good public relations. For several reasons,
this is wrong. In the first place, the City is attempting to alleviate the problem of
illegal parking. The reduction of a fine,merely because the respondent took the time
to come to a hearing or because the respondent had a personal reason (other than a
bona fide emergency) for parking illegally, defeats this purpose. Secondly,it is unfair
to the public as a whole,in whose interest we function,to make a special exception for
someone just because they appear at a hearing. Finally, it is simply not good public
relations to provide a loophole for those who wrongly seek to read an exception for
themselves into the law. Ultimately, the best public relations is to treat everyone
equally and fairly, rather than"give a break" to the special few who attempt to escape
responsibility through a Hearing Examiner's sympathy.
1.2 Quantity of Evidence Required to Sustain Case
The Vehicle Code states that a properly completed citation is prima facie evidence of,the validity of
statements contained therein. What this means is that once a citation is determined to be properly
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.
City of Grand Terrace 5 Parking Citation Administrative Manual
If the respondent wishes to deny the parking allegations (e.g., "I didn't see the sign'), the respondent
must persuade by presenting a preponderance of credible evidence as weighed against the prima facie
case presented by the completed citation. A preponderance of evidence is evidence of greater weight
when weighed 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., 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.
1.2.1 Substantial Proof
There is no such thing as a halfway-proved defense or explanation. If the respondent's
story amounts to a defense, the Hearing Examiner must decide whether the evidence
is credible and sufficient. If not,the respondent is "liable" and should forfeit the fine.
On the other hand,if the Hearing Examiner believes the respondent,and the evidence
presented refutes the prima facie case, the respondent should be found "not liable".
If the respondent has an explanation, the Hearing Examiner,must decide in each case
whether the respondent has presented sufficient proof to support the explanation. If
not, the defense fails.
NOTE: That a respondent must provide credible and sufficient evidence to rebut a
citation is, to be sure, a rather flexible standard. What will constitute credible and
sufficient evidence will vary according to the circumstances of each case.
1.2.2 The Rules of Evidence
The usual rules of evidence applicable in a court of law are not required in these
hearings. As a practical matter, there is normally no limitations on the type of
evidence that may be accepted,except possible harmful or offensive material,with the
provision that the time should not be wasted on the immaterial. This in no way is
suggesting that the Hearing Examiner should believe everything submitted or stated.
But it is permissible to consider, or accept for what it is worth, anything offered, and
to subject it to examination in order to assign it a relative weight.
Evidence tending to support a respondent's credible testimony should be received
favorably. At other times, evidentiary requirements are more specific and inflexible;
for example, if a defense is that there were no signs at .the entrance to a specific
parking lot, this can be verified by either the results of a sign investigation or
comprehensive and accurate photographs. The hearing Examiner should take care to
determine that any photographic evidence reflects a complete record of conditions at
the time a citation was issued and not subsequent modifications. It should be
recognized that carefully framed photographs can easily be made to exclude important
signs or parking regulation devices.
1.2.3 Official Notice of Common Facts
The Hearing Examiner is permitted to take official notice of facts commonly known,
in the same manner as is normally done by a judge in a court. The kind of facts which
may be noticed are the time the sun rises or sets, the date on which a holiday is
observed, etc. This does not mean that the Hearing Examiner may assume the
existence of a parking sign because the Hearing Examiner has been to the location and
has seen it.
City of Grand Terrace 6 Parking Citation Administrative Manual
1.2.4 General Denial
Generally speaking, a mere general denial of a violation,unsupported by evidence,will
not be sufficient to warrant a dismissal. There are situations in which corroboration
may not be possible (e.g., a solitary driver contends that he was"forced"to park where
he did because there was another vehicle "hogging" or parked in the "middle of two
spaces"). In such cases the Hearing Examiner must make a decision based on a
careful appraisal of the respondent's credibility. It should be emphasized that these
are unusual situations and normally some sort of documentation or substantiation is
available.
1.3 Examining the Citation to Establish the Prima Facie Case
The City's case is almost invariably limited to the production of a copy (or computer printout) of the
citation. When a hearing commences, the Hearing Examiner should first examine the citation for
defects in the prima facie case. The defects which are fatal to the prima facie case are set out above
under "notice of Parking Violation Information CVC Section 40202(a)" (See Page 3). If a defect is
determined to be fatal, the citation number must be read onto the taped record and the case dismissed
without further testimony.
1.4 The Respondent's Case
Once the citation has been read into the record, and examined for obvious defects,the respondent may
present his or her case.
1.4.1 The Respondent's Storx
Generally, the hearing Examiner should simply let the respondent tell their story. The
hearing Examiner must afford the respondent a fair opportunity to establish their
defense. The Hearing Examiner must always avoid prejudgment, remaining open-
minded and attentive even when the defense seems to be of a routine and obvious
nature. It is important to hear and endeavor to understand what the respondent is
saying. At times this may not be easy to do, since some respondents may be
disorganized or nervous. The Hearing Examiner should try to make the respondent
feel at ease and assist the respondent, as necessary, to adequately articulate their
defense. But this must be done without putting words in the respondent's mouth or
constructing a defense for the respondent. When a respondent has difficulty
communicating in the English language, the Hearing Examiner should attempt to
secure the services of a translator. This may require that the hearing be continued
until another time.
NOTE: Special arrangements may be required when a respondent's hearing,or vision
is severely impaired. In such cases, the Hearing Examiner should contact'the City
Manager.
1.4.2 Respondent's Witnesses
The respondent may call as many witnesses as needed. The Hearing Examiner should
hear the story of each witness and cross-examine as necessary. While a witness is
testifying, other witnesses must wait outside the hearing room until called.
A respondent may also submit a declaration, signed under penalty of perjury, from a
person who cannot attend the hearing but has pertinent knowledge of the facts relating
to the respondent's defense. Such a declaration should be presented in the form of a
statement that sets forth only those facts that are within the personal knowledge of the
City of Grand Terrace 7 Parking Citation Administrative Manual
witness. It should begin"I, [name of witness], declare:" and then state the facts to that
person's knowledge in numbered paragraphs. The declaration should end with these
sentences:"I declare,under penalty of perjury under the laws of the State of California,
that the foregoing is true and correct. Executed by[name] on[date] at [city and state
where signed]." The declaration must be signed with the name of the witness.
If the unavailable witness does not reside in California, the respondent must provide
a notarized affidavit instead of a declaration under penalty of perjury. The Hearing
Examiner may accept, but should accord less weight, to a statement that is made
neither under penalty of perjury nor notarized.
In evaluating such declarations, the Hearing Examiner should bear in mind that a
declaration cannot, of course, be cross-examined and is, therefore, less useful than a
witness appearing in person. Declarations must be carefully scrutinized and should be
sufficiently detailed in order to be a meaningful addition to a respondent's defense.
The Hearing.Examiner should, as always, be particularly alert to inconsistencies
between the supporting testimony and the respondent's version of events.
Dismissal is not automatic even when corroboration by a witness is presented. The
Hearing Examiner must always weigh the reliability (credibility and accuracy) of both
the respondent and his or her witnesses. Among other things, the Hearing Examiner
should consider the existence of a special interest or bias on the part of the witness,
whether such a period of time has passed from the incident to the making of the
written statement as to detract from the ability of the witness to recollect and testify
accurately, and other improbabilities.
1.4.3 Respondent's Documents
r
The respondent may submit any relevant documents. Each document must be assigned
an exhibit number and be retained as part of the hearing record. Commonly presented
documents include such items as pictures, repair bills, doctor bills or statements by
doctors, letters from witnesses, bills of lading or delivery receipts, and various official
documents.
While a respondent may present any documentary evidence, the Hearing Examiner
must attempt to determine the authenticity and the amount of credibility to assign to
the documents. Many documents that may be submitted, such as alleged towing
receipts or repair bills, could be fabricated and many others may really prove nothing
germane to the hearing.
a. Authenticity of Documents
Documents purporting to represent an existing fact or legal situation must be
authenticated in some way. While formalities in these hearings are relaxed,
the Hearing Examiner should strongly suspect such submissions as unsworn
legal documents, doctor's notes on plain stationery, repair bills without
headings,etc. If the Hearing Examiner doubts a document's authenticity,and
respondent is not able to thoroughly dispel this doubt, the Hearing Examiner
should accept it into evidence but consider its legal weight to have been
severely diminished or non-existent.
b. Materiality of Documents
Sometimes respondents may attempt to authenticate a defense with a
document which really has nothing at all to do with the case. For example,
City of Grand Terrace 8 Parking Citation Administrative Manual
in a case involving a 'No Parking" violation, a repair bill that showed
replacement of a windshield wiper would be valueless as mitigating evidence.
The Hearing Examiner always makes sure the document being presented is
actually germane to the case.
C. Probative Value of Documents
To be assigned any weight when judging a case, a document must prove
something or explain something which is germane to the defense: Pictures,
for example,in order to be useful,must orient the viewer and tell a complete
story. A close-up of a sign on a pole, for instance, is by itself of little use
since signs might be stacked one on top of the other or different signs may be
posted on another pole nearby.
d. Absence of Documents
Sometimes the absence of documentary evidence can in itself be instructive.
A respondent, for example, who claims to have had an emergency
appendectomy and who responds that she doesn't have or "didn't bring" any
hospital records, is either sorely lacking in common sense or possibly not
telling the truth. The same applies to a number of situations where it is
reasonable to expect the respondent to produce some documentary evidence.
If the Hearing Examiner believes that a reasonably prudent person would
have produced documentary evidence to support a defense, this may be
considered as a basis for sustaining a citation on the grounds of incredibility
of the evidence or inadequate proof of the defense.
' NOTE: Anything that is submitted must be retained in the file as it constitutes a part
of the record for purposes of a possible appeal. For the documents that the
respondent must retain, a complete copy should be made for the official file of the
hearing. If the respondent wishes to withdraw an item from evidence, the hearing
Examiner should explain the possible consequence to the defense and that the
document may not be subsequently accepted on appeal to civil court. If the
respondent persists, be certain that the respondent stipulates on the record the exact
items that are being withdrawn and that the respondent is withdrawing the items of
their own volition. As a matter of routine practice,the Hearing Examiner should read
into the record any evidence submitted, or describe any items or objects (such as
pictures,charts,photos,invoices,etc.). No case should be continued solely because the
respondent failed to bring all of the available documents that the respondent may
consider to be pertinent to the hearing.
1.5 The Cross Examination
Once the respondent or witness has stated their defense,the Hearing Examiner should begin the cross-
examination. This is the point where skill in examination is critical.
1.5.1 Objects of Cross-Examination _
There are a number of things to determine on cross-examination. In the first place,
the Hearing Examiner should understand the perception of the witness. Did the
witness actually see what the witness thinks he saw? Did the witness look, hear,
examine, etc.?
City of Grand Terrace 9 Parking Citation Administrative Manual
The Hearing Examiner must always be conscious of semantics. A witness may say,for
example, that the respondent was"far enough"from the hydrant. What exactly is"far
enough?" How many feet? Did the witness measure it? if so, how did the witness
measure it? If the witness says there was no sign,what exactly does the witness mean
by "no sign"? No sign within a few yards of the car? No sign next to the car? The
witness may testify that the respondent's car was properly behind the sign. How much
of the car was behind the sign -- half, one-third, three inches? All vehicles must be
fully parked in a legal space.
The Hearing Examiner must question the completeness of a statement. Is the witness
telling the .whole story? For example, to challenge a double parking charge a
respondent may claim a mechanical "breakdown" and produce a bill for starting the
car. The Hearing Examiner reviews the circumstances and finds that the respondent
actually parked at 10:00 p.m. and when the respondent returned to the car at midnight
found that it wouldn't start. What the respondent may have not told the Hearing
Examiner was that the car was illegally parked before the mechanical trouble.
Or, as another example, the respondent may claim to have been pushed in front of a
fire hydrant. The citation indicates that the car was"0" feet from the hydrant. Under
questioning, the Hearing Examiner probably could determine that if the vehicle was
actually pushed,it was pushed from about five feet away to"0"feet,and was,therefore,
illegally parked in the first place.
The Hearing Examiner must test a witness'memory as well. How well does a witness
really remember? Is the desire to beat the case affecting a witness' memory? For
example, does the witness really remember checking her watch or hearing the time on
the radio when the witness left her apartment three months ago and before seeing a
(� 1 citation which may have made the event significant?
And, of course, the Hearing Examiner must closely question credibility. Many of the
stories presented may merely stretch the truth or twist it a bit. A half-hour becomes
a"few minutes", three feet becomes fifteen feet, "I usually put in a dime when I park"
becomes "I absolutely remember putting in a dime", etc. But occasionally, a
respondent may tell an outright lie. Many of the best sounding stories may be
complete fabrications. The Hearing Examiner must try to determine if the person
testifying is,in fact,lying. This may be a difficult decision to make. But,if after cross-
examination is completed, the Hearing Examiner should ignore that testimony in
making a final ruling. The Hearing Examiner should make clear in explaining the
rationale for the decision,that the decision was based on the credible evidence,so that
an appellate reviewer who did not hear the testimony will understand how someone
with a defense that may sound legitimate was found liable.
1.5.2 Some Suggested Techniques for Cross Examination
Every lawyer develops a technique for cross-examining a witness. It is incumbent upon
each Hearing Examiner to develop an effective technique since it is the Hearing
Examiner who must ultimately rule on the case. Nevertheless,because of the similarity
of many of the presentations a Hearing Examiner will encounter, there are a few
suggestions which may prove helpful.
a. Drawing the Witness Out
Probably the best method of cross-examination is making the witness tell the
whole story. .Because of the informality of the proceedings, many of the
defenses and explanations may be based upon what might be called partial
City of Grand Terrace 10 Parking Citation Administrative Manual
truths. "There was no sign," "I was pushed," "I was unloading,' "It was an
emergency," "I broke down," etc. All of these arguments, if proved, might
( mitigate the violation, but they should never just be accepted on their face.
The Hearing Examiner should encourage a witness to go into detail. Pin the
witness down as much as possible on actual observations, actual times,
distances, etc. Sometimes a different picture will emerge. Thorough
questioning may sometimes reveal that a respondent and his witness are
diametrically opposed in their stories.
If a witness says that there was no sign, make the witness reconstruct the
"search" for a sign. How far did he look? Did he walk to each end of the
block? Do his photographs show the whole block or only part of it?
Sometimes the Hearing Examiner may discover that the witness didn't happen
to see a sign that was posted near the car and assumed parking was legal.
In the case of a mechanical breakdown, make the respondent describe the
whole story with a sequence of events and times. Where was the car
repaired? When was it repaired? How did the respondent find the repair
garage? Be suspicious of bills from garages far from the alleged breakdown.
Find out if the car was already illegally parked before the alleged breakdown
occurred. If the respondent was knowingly operating a defective vehicle, the
respondent may be liable if the defect caused the breakdown.
If the issue is late fees, the "complete" story may paint a different picture. "I
never received the ticket" may mean that a person with the respondent
removed the citation. Or it may mean that the respondent's daughter, who
was actually driving the car,threw the citation away. Find out if someone else
was driving the car. Even so, the respondent, as registered owner, is still
liable for the fine and any late penalty.
Examine such stories as"I was out-of-town" and therefore, could not respond
to the citation or late notice. Quite often,it may turn out that the respondent
was actually away for a much shorter period of time than may first appear.
This kind of questioning--filling out the story--can often uncover the real story.
Sometimes, the Hearing Examiner will find that an excuse, even if true, is
inadequate for dismissal. Often,too,the responses elicited help to determine
the credibility of a witness. Sometimes this type of examination will focus on
a detail (e.g., actual measurement, actually walking the entire block looking
for a sign) which the Hearing Examiner can rephrase so directly that the
witness must perjure himself to answer it in his favor. Here many witnesses
will falter, allowing the Examiner to pierce the story. And, alternatively,
thoroughly checking the whole story may sometimes enable the Hearing
Examiner to see the merit in a defense that in its shortened form sounded
inadequate or not believable.
b. Rapid Questioning
If the Hearing Examiner suspects the credibility of a witness, the Examiner
may uncover inconsistencies by a series of detailed questions in rapid
succession. It helps to have a plan,but sometimes the Hearing Examiner can
just proceed instinctively by getting the witness to detail the story with such
fast questioning that the witness doesn't have time to fabricate an answer.
City of Grand Terrace 11 Parking Citation Administrative Manual
Get the witness to concentrate on recalling the event. Suddenly the witness
may remember exactly where she parked, what she did and what she saw.
i
C. Look for Contradictions
The Hearing Examiner may detect clear contradictions by careful questioning.
A truck driver, "never left the truck." Later, after pursuing a different line of
questioning,the Hearing Examiner asks: "What did the officer say?" "I didn't
see the officer, the citation was there when I returned," comes the answer.
Or perhaps a driver may tell the Hearing Examiner how the officer apologized
for writing the citation. Under further examination, the Hearing Examiner
may get the respondent to recall how"he told me this or that',and then point
out to the respondent the fact that it was a female officer that actually wrote
the citation.
d. Ouestioning for its Own Sake
Sometimes, where no obvious line of questioning is evident, the Hearing
Examiner can just get the respondent talking about anything that comes to
mind. During such questioning,the manner in which the respondent answers
may help the hearing Examiner determine the respondent's veracity.
NOTE: The above are simply examples of examination techniques that may be useful
in eliciting the truth. Hearing Examiners are encouraged to refer to the numerous
textbooks that have been written on the art of examination to develop the best method
for them to use in the particular situations with which they are faced.
1.6 The Administrative Review
The Public Works Department maintains a record of the location of all of the various signs that regulate
parking in the City. All persons contesting a citation must first receive an administrative review of their
citation prior to being scheduled for a hearing with a Hearing Examiner. In all cases, there should be
a record of an investigation into the claim of a missing sign, etc. In fact, a hearing will not even be
necessary in some cases if the respondent's claim is found to be accurate during the administrative
review. The citation will be dismissed. Results of an administrative review will be included in the file
forwarded to the Hearing Examiner.
Even if the administrative review confirms the existence of signs governing the violation at the time the
citation was written, it is possible that the respondent may still be able to establish with independent
evidence that circumstances mitigate the charge. It should be extremely rare that a citation for which
an administrative review has determined that the respondent's claim is without merit,is later dismissed
in a hearing because of an unsupported general denial by the respondent. The Hearing Examiner
should always be careful to verify that the administrative review was completed for the location listed
on the original (not "respondent's" copy) of the citation.
CVC Section 40200.7 and 40215 mandate that a "violator" request an administrative review within 21
days of receiving a citation or within 10 days of the mailing date of a notice of delinquent parking
violation. If the request for a hearing was not made within these time limits, the respondent has lost
the statutorily prescribed ability to contest the citation. Assuming that a hearing was properly requested,
within 15 days after the mail date of the result of the administrative review, the respondent must pay
the parking fine before being scheduled for a hearing. If the person that received the citation does not
comply with these requirements, no further review of the citation is mandated by the Vehicle Code.
City of Grand Terrace 12 Parking Citation Administrative Manual
The Hearing Examiner must consider the results of the required administrative review when rendering
a final decision. Since the results of the administrative review must be forwarded to the examiner as
part of the respondent's file, a hearing cannot be scheduled until the administrative review process is
complete. The Hearing Examiner should routinely examine a case file to determine whether the
required administrative review has been completed.
An administrative review which concludes that a citation was"validly issued"does not dispose of the case
entirely. The respondent is entitled by State Law to the option of a hearing to demonstrate that both
the citation and the result of the administrative review are in error. The respondent will be apprised
of statutory entitlement to a hearing as part of the written result of the administrative review.
1.7 The Decision
1.7.1 Determination
After the Hearing Examiner has digested and weighed all the evidence, a ruling must
be made. The available facts must be applied to the law. The Hearing Examiner must .
determine whether the City's prima facie case has been sustained by a preponderance
of the evidence, or, alternatively, has the respondent convinced the hearing Examiner
of a legally sufficient defense or mitigating,explanation?
If the respondent has proven the defense to the Hearing Examiner's satisfaction, the
respondent should be found"not liable"and the citation permanently suspended. If the
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
the defense has failed.
Absent other mitigating circumstances, a respondent found liable has forfeited the full
fine. The only exception to this would involve circumstances pertaining to the
application of late payment penalties. Only in those cases in which the Hearing
Examiner is convinced that sufficient mitigating circumstance 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 a following section of this
manual.
Normally, the Hearing Examiner will not leave the hearing room while deliberating.
Once the Hearing Examiner has reached a decision, it should be announced to the
respondent on the record. The Hearing Examiner may announce the decision either
before or after it has been written. The Hearing Examiner must never change a
decision after it is announced merely because the respondent objects to it. The
Hearing Examiner must not vacillate. Only if prior to the conclusion of the hearing
the Hearing Examiner realizes that an error has been made should the Hearing
Examiner reconsider a ruling. In other words, simple, even strenuous, disagreement
over the result cannot cause the Hearing Examiner to change the decision. If the
respondent disagrees with the analysis and the outcome, the recourse is to file an
appeal in civil court. The Hearing Examiner's decision should be final for the hearing.
A written notification of the Hearing Examiner's decision will be mailed to the
respondent. The mail date of the written decision starts the clock ticking on the
respondent's 20 day time limit for filing an appeal with the civil court.
1.7.2 Rationale for the Findines
- Each decision should be accompanied by a brief statement of the Hearing Examiner's
rationale. Of course, every decision need not be accompanied by a detailed history of
City of Grand Terrace 13 Parking Citation Administrative Manual
the traffic woes and parking problems of the City. But,where appropriate, especially
when the Hearing Examiner has rendered a finding of liable in a difficult case, the
respondent should know the reasons.
Sometimes a simple mention of the fact that all drivers benefit from turnover at
parking spaces will suffice. Sometimes the Hearing Examiner can mention the
difficulties experienced by emergency services,commuters,or other persons when they
cannot move freely through an area or find a place to park.
To be successful in a hearing, the respondent must, at a minimum, prove-that the
circumstances which support a ruling of"not liable" did, in fact, exist at the relevant
time of the violation. The hearing Examiner must weigh the reasonableness of the
respondent's behavior, the extent and nature of the predicament and the gravity of the
potential harm from the violation. Where an initial violation may be excusable,
repetitions may be inexcusable.
The Hearing Examiner must consider the steps the respondent took to avoid the
violation. For example, a radiator malfunction might excuse a violation that resulted
from removing the vehicle from a stream of traffic to a place of safety. But a string
of such violations over a period of days or even hours might well not be excusable. In
such a situation, the operator of the vehicle must demonstrate that a reasonable effort
was made to repair the malfunction. The reasonableness of a respondent's efforts is
partially dependent on the gravity of the violation. One would be expected to go to
greater lengths to avoid public-safety-type violations, such as blocking a fire hydrant,
a handicapped zone, or parking in a red zone, etc.
1.8 Late Payment Penalties
Late penalties are routinely assessed 15 days after mailing date of notice of delinquent parking violation.
The Hearing Examiner has the power to dismiss late payment penalties which have accrued, but only
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 credibl 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 with 15 days of receipt of the mailed
notice of delinquent parking violation, dismissal of the late payment penalty would not be appropriate.
If the citation reflected 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 has 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 windshield copy 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.
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 citation itself.
The Hearing Examiner should be wary of the respondent who claims not to have seen or received a
number of original citations. When such a claim is advanced,the Hearing Examiner 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
City of Grand Terrace 14 Parking Citation Administrative Manual
notice was mailed to a"wrong" address,the respondent must prove that he fulfilled his 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. In any case,it should always be recognized
that the postal service, if notified, routinely forwards mail to a new address for up to one year.
1.9 Fine Amounts
The Hearing Examiner does not have the power to adjust the amount of a fine for a violation. Fine
amounts are set only by the City of Grand Terrace 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 access 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 City at the time the citation was issued. However, if the citation reflected 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 payment penalty.
1.10 Prior Dismissals/Precedence
It is possible that a Hearing Examiner may discover that a hearing is being held for a citation that has
been previously dismissed. Obviously, such a case should be dismissed. The computer record
maintained by the City is a good source of previous dispositions and should indicate any prior dismissal.
Otherwise, the respondent would have to present convincing proof that the citation was previously
—' dismissed.
With the exception of a prior dismissal,however, a prior decision (by any Hearing Examiner) does not
have the force of precedence, even if the earlier decision was for the same type of violation and under
very similar circumstances. Regardless of prior rulings,the hearing Examiner must consider each case
on its own merits. A prior dismissal may, after all, have resulted from an error or been based on a
subjective judgment of credibility or an analysis of the evidence with which another Hearing Examiner
might not agree. Likewise, a prior finding of "liable" (for a different citation) is not relevant in any
subsequent hearing and should not prejudice a respondent's case. Obviously, should a Hearing
Examiner become aware that he/she had previously ruled on a citation, the Hearing Examiner should,
after consulting with a supervisor, decline to re-hear the case.
1.11 Prior History of Violations
A related but more complicated issue is the question of whether, or to what extent; a history of prior
violations should be relevant to the adjudication of a subsequent case.
First, it must be emphasized that the fact that an individual has received other (or similar) citations in
the past, or has conceded the validity of prior citations by making payment, or appealed prior citations,
cannot be used as a basis to conclude that the respondent is "liable" in subsequent hearings, or that
because the respondent is of a "litigious" disposition that there is diminished merit to a defense. The
existence of other citations may be relevant to the issue of notice (i.e., an earlier citation at the same
location or the same type of violation may weaken a respondent's contention that she was unaware of
posted signs). It should be emphasized that awareness that one is committing a violation is not an
element that is required to be established in deciding the validity of a citation. Similarly, citations at
the same location issued to the same vehicle might impeach a respondent who asserts that she has never
City of Grand Terrace 15 Parking Citation Administrative Manual
been on a particular street or does not even know where it is. -(However, such a pattern of prior
citations does not "prove" beyond rebuttal the accuracy of the citation being contested).
A history of prior violations may also be considered when the respondent makes it an issue. If, for
example, the respondent contends that she has never committed a violation before, evidence of prior
citations issued to the respondents vehicle may be useful in judging the respondent's credibility.
1.12 Duplicate Citations
It is the current policy of the City of Grand Terrace to dismiss a citation if another citation was issued
at the same location, for the same violation, at approximately the same time. In this one very narrow
sense, a prior citation can determine liability for subsequent violations.
2.0 HEARING PROCEDURES
The hearing process is generally informal. Nevertheless,there are certain rules which must be followed
to insure that a proper record of the hearing is made and maintained and to avoid any problems or
irregularities.
2.1 Pre-hearing Procedures
2.1.1 Upon the respondent's arrival,the Hearing Clerk will verify the respondent's name and
.the citation number with information provided on the scheduled hearing log and note
the time of arrival.
2.1.2 The Hearing Clerk will direct the respondent to a waiting area.
2.1.3 The Hearing Clerk will prepare a file for each case to be heard. The file must contain
a microfilm copy of the citation(s) contested that were sent with the scheduled hearing
docket, a hearing disposition form,license plate screen print, and documentation of a
completed administrative review.
2.1.4 The Hearing Clerk will escort the respondent into the hearing area and give the case
file to the Hearing Examiner.
2.2 Began the Hearing
2.2.1 The Hearing Examiner will present an opening statement, which includes:
* A short explanation of the hearing process.
r Notification that the hearing is being recorded.
* Informing the respondent that the options for contesting a citation are"admit
liability with an explanation" or "deny liability".
Notifying the respondent that a written notice of the decision in the hearing
will be mailed to the respondents home address.
Informing the respondent of the right to an appeal of the decision in civil
court and the time limit for filing an appeal.
2.2.2 Start the tape recorder and note the beginning tape setting on the hearing form.
City of Grand Terrace 16 Parking Citation Administrative Manual
2.2.3 State the date and time and instruct the respondent to give his or her name and
address for the record.
2.2.4 Ask the respondent if he or she is the registered owner of the vehicle involved. If not,
ask him or her to state their relationship to the registered owner or interest in the
proceeding.
2.2.5 If witnesses are present, ask them to give their name and address for the record.
2.2.6 Swear in the respondent and witnesses by instructing them to put up their right hand
and repeat the oath. If someone objects to taking an oath, any formal assertion of
intention to testify truthfully will suffice.
2.2.7 Recite the following oath: "Do you swear or affirm that the testimony you give will be
the truth?" If yes, please say"I do."
2.2.8 Excuse all witnesses and inform them that they will be recalled when it is their turn
to testify.
2.2.9 Read the citation number, license plate number and state of registration, date, time,
location and type of violation into the record.
2.2.10 Request that the respondent.enter a plea of"admit liability with explanation" or"deny
liability" for the record.
2.3 Review the Prima Facie Case
i 2.3.1 Examine the citation to determine if all statutorily required and pertinent information
has been entered by the issuing office.
2.3.2 If any vital information is missing, dismiss the citation.
2.3.3 If no required information is missing, follow steps outlined in 2.4 for a plea of"admit
liability with explanation" or follow steps outlined on 2.5 for a plea of"deny liability".
2.4 "Admit Liability with Explanation"
2.4.1 If the respondent admits liability but desires to submit a mitigating explanation,ask the
respondent to testify to the mitigating circumstance.
2.4.2 Following the testimony, ask the respondent for the record if there is any additional
testimony or evidence they wish to present.
2.4.3 If the testimony does not clearly set forth the mitigating circumstance, ask the
respondent questions relating to the testimony.
2.4.4 Call in witnesses, if needed, one by one. Ask the witnesses to present their testimony
for the record.
2.4.5 Review all documents and other supporting evidence. For the record, read aloud or
describe any documents presented. Place copies of all documentation or other
supporting evidence in the case file.
( 2.4.6 Ask the respondent if there is any further testimony prior to closing the hearing.
City of Grand Terrace 17 Parking Citation Administrative Manual
2.5 "Deny Liability"
i
2.5.1 Ask the respondent to present his or her testimony explaining the circumstances of the
violation.
2.5.2 Listen carefully to the respondent's testimony. If necessary, cross-examine the
respondent to clarify points relating to the issuance of the citation.
2.5.3 Call in witnesses, one by one. Ask the witnesses to present their testimony.
2.5.4 Review all documents and other supporting evidence. For the record, read aloud or
describe any documents presented. Place copies of all documentation or other
supporting evidence in the case file.
2.5.5 Ask the respondent if there is any further testimony prior to closing the hearing.
2.6 Render a Decision
2.6.1 Make a decision on liability based on the testimony and evidence.
2.6.2 Enter the disposition on the hearing record. Enter the total amount of fine to be
forfeited.
2.6.3 Enter a brief written statement including the rationale for the decision on the hearing
record.
2.6.4 Make a brief statement to the respondent regarding the decision and then briefly
explain the rationale for the decision.
2.7 Close the Hearina
2.7.1 Retain a copy of the hearing record and present the respondent with copy. Direct the
respondent to the Hearing Clerk.
2.7.2 Turn off the recorder and note the ending tape setting on the hearing disposition form.
2.7.3 In the event that a continuance has been granted, the Hearing Examiner must
complete and file the continuance form in the continuance folder. When the hearing
that was continued is completed, the Hearing Examiner should make the relevant
entries in the continuance log. When a person to whom a continuance has been
granted fails to re-appear at'the appointed time, the Hearing Examiner must render
a decision on the record. The Hearing Examiner must also complete the continuance
no-show form to be mailed to the respondent.
2.8 Special Situations
2.8.1 The Unruly Respondent
Occasionally, a respondent will become unruly during or after a hearing. This can
often be precluded by fair and courteous treatment and by a rational explanation of
the decision. Respondents should have been apprised of their right to an appeal in
civil court prior to the commencement of the hearing. Should a respondent become
abusive,the Hearing Examiner can call a security officer to escort the respondent from
-" the room.
City of Grand Terrace 18 Parking Citation Administrative Manual
A hearing Examiner is not required to tolerate personal abuse as part of the position.
If a respondent becomes abusive, the Hearing Examiner should warn him or her to
j desist, and that if such behavior continues it will result in a termination of the hearing.
If a hearing must be terminated because of a respondent's objectionable behavior or
refusal to comply with the procedural requirements(after proper warning),the hearing
examiner should enter a decision based on the evidence to that point. It is vital that
the Hearing Examiner record the entire proceeding (including warnings about
objectionable behavior) and include an explanation of the resulting action on the
decision form.
Again, it should be emphasized that everything, from the moment the respondent
enters the hearing room until the announcement of the decision and the conclusion of
the hearing, must be recorded on tape. If the Hearing Examiner suspects that a
problem will develop, the proceedings should continue to be recorded until the
respondent has left the hearing room. It should be noted that premature termination
of a hearing is a radical step and should be avoided, if possible, in all but the most
flagrant cases of misconduct.
2.8.2 The Represented Respondent
An appearance by a representative or agent may be made for the registered owner of
the vehicle that was cited. The agent might be a relative or friend,the actual operator
of the car at the time it was cited, the lessee of a rented car, an officer of a
corporation, or an attorney. At present, the City will allow anyone to appear for the
registered owner, so long as there is a clear statement on record of the registered
owner's name and address and the relationship of the person appearing to the
registered owner.
The oath should be administered to the representative or agent in the same manner
as it would be administered to the registered owner.
2.8.3 Ethical Guidelines
If at any time a Hearing Examiner is confronted with a respondent, either registered
owner or representative, and the hearing Examiner believes that there may be bias for
or against, the Hearing Examiner should disqualify himself or herself. If for any
reason it could be implied that the Hearing Examiner would benefit from a decision
favoring or not favoring the respondent, the Hearing Examiner should disqualify
himself or herself.
If,at any time, an approach is made by any person, including someone connected with
the City, that, either directly or by implication, attempts to influence the hearing
examiner's decisions,the situation must immediately be brought to the attention of the
City Manager.
At no time is any Hearing Examiner or any other employee of the City to suggest,
arrange,or agree that any particular respondent appear before any particular Hearing
Examiner. Any such request or suggestion shall be immediately reported to the City
Manager. Failure to report such a suggestion or arrangement may constitute grounds
for disciplinary action against all parties withholding such knowledge.
City of Grand Terrace 19 Parking Citation Administrative Manual
2.9 Summary of Hearing Examiner's Major Tasks
Make the pre-hearing statement.
Read the citation into the record.
Administer the oath.
Record respondent's name and address.
Record the registered owner's name and address and the respondent's relationship to the registered
owner if applicable.
Hear and examine the respondent, any witnesses and all the evidence.
Render and announce a decision including the rationale.
Record the disposition on the hearing disposition form.
2.10 Indigence
Vehicle Code Section 40200.7 requires that a request for administrative adjudication be preceded by
payment of the full amount of the parking penalty. An indigent respondent may request a waiver of this
required payment by filing a'Request for Waiver of Parking Fine" and submitting a written declaration
of financial condition. The request for waiver will be considered by the Hearing Examiner assigned to
the case.
If the waiver is granted, the case will be set for hearing and the respondent notified. If the respondent
is found not liable, no further action is necessary. If, however,the respondent is found liable,payment
arrangements must be made within forty-five (45) days from the date of the indigence hearing.
If the request for waiver is denied, the respondent will be notified.
3.0 THE PRIMA FACIE CASE
3.1 Requirements
The following items should be indicated on a citation:
a. The description of the violation.
b. The approximate time of the violation.
C. The location where the violation occurred.
d. The license plate number of the vehicle that committed the violation.
e. The expiration date of the vehicle registration tabs.
f. The last four digits of the vehicle identification number (only if visible to the issuing officer).
g. The color of the vehicle (optional and not cause for dismissal)..
h. The make of the vehicle (sometimes subjective and not cause for summary dismissal).
NOTE: When a citation which has the tab expiration date and/or vehicle identification number filled
in and a claim is raised by a respondent that the citation was not issued to the respondent's vehicle,the
conflicting tab expiration date and/or vehicle identification number (VIN) indicated on the citation and
on the respondent's vehicle registration may, have some probative value as to whether the vehicle cited
was actually the respondent's vehicle. This does not affect the prima facie case, however, only a
particular defense.
City of Grand Terrace 20 Parking Citation Administrative Manual
It should be noted that a claim that some of the information on a citation 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 the respondent successfully proves that his or her vehicle was not identified on the citation,this
-" does not permanently dismiss the citation, but rather transfers responsibility to another vehicle.
3.2 Ille 'bili
Where the handwriting on an original citation is so illegible as to be indecipherable, it should be
summarily dismissed. This rule does not apply to messy, smeared or otherwise unreadable'carbons, as
this would encourage some individuals to tamper with or deface the windshield copy of the citation.
Such claims must be verified with a photocopy of the original citation maintained on file at the Finance
Department and in almost all cases will have already been considered in the administrative review.
If the Hearing Examiner determines after further review that a citation is actually unreadable or
illegible, it should be dismissed.
4.0 LATE PENALTIES
4.1 Computation of Late Penalties
Late penalties are assessed 15 days after the mail date of the notice of delinquent parking violation. The
penalty is the amount of the original fine plus the delinquent amount as adopted by resolution of the
City Council. The State mandated surcharge is currently$5.00 and is in addition to any other penalties.
4.2 Potential Defenses for a Late Payment
4.2.1 Non-Receipt of Notice
1
The most common defense claimed for making a late payment is non-receipt of the
windshield copy of the citation. Occasionally, it happens that a citation is removed by
pranksters or blown off the windshield. If this were true,it may be a defense to paying
the original fine only after receipt of a delinquent notice, but it should never be
accepted as a defense to a late response to the notice of delinquent parking violation,
which must stand on its own.
When a respondent claims non-receipt of a citation, the respondent should be
questioned closely. Some techniques are suggested in the section in this manual on
examination. This defense should never just be accepted on its fact.
"Non-receipt" may also mean that the registered owner didn't physically receive the
citation from the operator of the vehicle. This is not a valid defense, since the
respondent is bound by an operator's failure to comply with the parking laws. To
require less, would give everyone license to claim someone else was operating the
vehicle as an excuse for being late and as a defense for the violation. The Hearing
Examiner should make it standard practice to always determine who was actually
operating the vehicle at the time of the violation. If someone else was the operator,
the late payment penalty should always be sustained unless it can be demonstrated that
the required notice of delinquent parking violation was not sent to the address on file
at the DMV for the registered owner.
Timely response to a notice of delinquent parking violation can be some evidence of
y__ good faith, although it does not change the rules regarding the operator's receipt and
failure to respond to the citation.
City of Grand Terrace 21 Parking Citation Administrative Manual
4.3 Unacceptable Defenses for Being Late
4.3.1 Inconvenience or "Inability"
A respondent may claim that it was inconvenient or that he was unable to pay the fine
on time. Such a claim, due to minor sickness, absence from the area, etc., is not
acceptable mitigation if the citation was placed on the car or mailed. Since a
respondent may answer by mail, there is little excuse for failure to respond on time.
The respondent is liable for the late fee regardless of the excuse.
This also applies to the respondent that claims a lack of funds, since a lack of funds
does not preclude responding in a timely manner. It should be remembered that
anyone who can afford to collect citations must be held responsible for either
answering or paying them on time.
4.3.2 Lost Notices of Parking Violation
A lost citation is not sufficient to mitigate a late payment penalty since it indicates
negligence by the respondent.
4.3.3 Unseen Notices of Parking Violation
As stated above, the failure of the operator--a person, garage, etc. -- to give .the
citation to the,registered owner is not sufficient mitigation for liability for a late
payment penalty.
4.3.4 Unaware of Additional Fees
A statement that the Respondent didn't realize liability would increase because of a
response after the due date may not be accepted for any reduction of the amount due.
The notice of delinquent parking violation gives adequate notice that the fine may
increase due to a late response.
4.4 Late Payment Penalty for a Dismissed Citation
When a citation is dismissed or the respondent is found not liable, no late penalty shall be imposed,
regardless of the fact that there may have been lateness in the respondents response.
4.5 Notice of Delinquent Parking Violation After Fine Paid
Infrequently,someone may receive a notice of delinquent parking violation after the fine has been paid.
Usually,this results from the payment and the computer-applied late penalties crossing paths due to the
time delay in mailing a payment. Sometimes, the respondent may not have paid the full scheduled fine.
The respondent is not liable for late penalties in either case.
4.6 Proof of Payment
The best proof of payment is, of course, a canceled check, money order, or a cashier's receipt, all of
which should contain the number of the citation claimed to have been paid.
City of Grand Terrace 22 Parking Citation Administrative Manual
5.0 CONTINUANCES
5.1 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 for the first time. Hearing
Examiners should not engage in a"pre-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
* The sincerity and credibility of the respondent.
5.2 Continuances for Further Proof After Hearing Commences
These are virtually never to be granted. Only in the case that the respondent convinces the Hearing
Examiner that: (a) there exists evidence which would be non-cumulative and exculpatory and; (b) that
the respondent was genuinely taken by surprise,should a continuance be granted. This last requirement
rules out all respondents except those whom you determine genuinely misunderstood the nature of the
hearing, or if they understood,were not then aware of the existence or availability of the evidence until
they were already in the hearing.
A continuance is not to be given to anyone who should have understood.the opening instructions and
( _ could have requested a continuance then, even if he or she did not realize that the evidence he or she
"left at home" could have helped. The instructions on the citation and the opening instructions for the
hearing are adequate prior notice.
5.3 Other Continuances
Should the respondent or a witness become ill during a hearing or another emergency delay the hearing,
a continuance may be granted.
5.4 Procedure for Recording Continuances
Continuances of matters heard on a citation should be granted for no more than 10 calendar days unless
the respondent proves that he or she will be out of town, hospitalized or otherwise unable to appear.
In this case, a longer period of time may be granted. The matter should be logged and the continuance
notation written on the hearing disposition form. Both appearance date and continuance date should
be written in full to avoid possible tampering. When granting a continuance, the Hearing Examiner
must complete the continuance form and give one copy to the respondent. The information required
must also be recorded on the tape of the hearing.
Respondents should be warned that failure to appear on the continued date may result in late penalties
being assessed and a judgment taken by default for the full amount of the fine. They should also be
instructed to bring with them to the next hearing any late notices they receive during their continuance.
When a hearing is re-opened, the proceedings must be recorded on tape, whether the respondent has
returned or not. The information must, of course, also be added to the Hearing Examiner disposition
form.
City of Grand Terrace 23 Parking Citation Administrative Manual
In those cases in which the respondent does not return as scheduled, the Hearing Examiner should see
that copies of the completed disposition form are mailed to the respondent's address. The Hearing
Examiner must also complete and mail a continuance default form to the respondent. A copy of this
form should be retained with the record of the hearing. Whenever iny continuance is closed out, the
Hearing Examiner must make appropriate entries in the continuance log.
6.0 TYPES OF HEARINGS
6.1 Scheduled Hearings
The City of Grand Terrace Parking Citation Adjudication Program conducts hearings on a scheduled
basis. A hearing is scheduled only when specifically requested, either in writing, by telephone or in
person. In order to avoid an accumulation of late payment penalties and to exercise the right to contest
a citation, an individual must request a hearing within the statutory time limits. Once the request for
a hearing has been received,the affected citation is placed in a temporary suspend(hold) status,which
not only prevents the accrual of a late payment penalties, but also excludes the contested citation from
a DMV registration hold or vehicle seizure eligibility.
Once a hearing has been conducted and a decision rendered, the respondent has 10 days from the
scheduled hearing date in which to pay any additional monies owed a citation not dismissed in a hearing.
Upon expiration of this period,unpaid citations are removed from suspend status,and are again subject
to late payment penalties and DMV holds.
6.2 Hearing by Written Declaration
In lieu of an in-person face-to-face hearing with an examiner,citation administrative review and hearing
_ request may also be made by written declaration. Hearing by Written Declaration forms are available
( from the Finance Department or may be requested by mail. Hearings by Written Declaration will only
be forwarded to a Hearing Examiner after payment of the full fine due is made or, in the case of an
indigent respondent,a request to waive the fine is made. The Hearing Examiner will review the written
declaration and render-a decision based on the information submitted. If the respondent is found"not
liable" the fine paid for the citation will be refunded.
7.0 DEFENSES
7.1 Denials
7.1.1 General Denial
Denial that the offense was committed as charged may take various forms. Initially,
a.respondent may simply claim that he or she did not commit the violation charged.
More often, the allegation on the citation may be challenged by a specific claim such
as "It was after 5:30 p.m. when the citation was written," "the car was not in the
restricted area when it was cited", "the regulation was not in effect at the time stated
on the citation", etc. A thorough review of the description of the violation on the
citation, and reference to the general standards of proof required for a valid defense,
will provide a sufficient base from which a determination of liability can be made.
7.1.2 Material Error in the Vehicle Identification
If a defense is raised that the vehicle identified on the citation is not the respondent's
vehicle, the following guidelines should be applied:
a. When the Claim May be Raised
City of Grand Terrace 24 Parking Citation Administrative Manual
This claim must be raised after receipt of a notice of delinquent parking
violation, not on the windshield copy of the citation. Possession by the
respondent of the original citation is a virtual negation of this claim
b. Proof Required
The only acceptable and conclusive evidence is a copy of the vehicle
registration card issued by the Motor Vehicle Registry of the State which
issued the license plate cited. The registration must be carefully reviewed to
verify that it was in force on the date the citation was issued. For the case in
which a respondent claims that the vehicle identified on the citation was sold,
proof must be provided that the vehicle was properly transferred prior to the
date of the violation occurred.
7.1.3 Material Error in the Alle a� tion
The respondent may contend that the issuing officer made an error in alleging the
offense. Because a citation is the prima facie case,the case stands or falls as charged--
at least as to the material elements of date, time and.place. If the respondent
conclusively roves 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 citation should be dismissed. Please
note that it is not conclusive to prove where the respondent was on the date of the
violation, the citation was issued to a vehicle, not the respondent.
Some flexibility should be maintained in reviewing the address on a citation (e.g.,
location is given as 200 N. Main, and respondent claims he was in front of 226) or
obvious inversions of the date and time (e.g., "21/1092" as the date or the insertion of
"2 p.m." in the date space and "11/3/92" as the time). This kind of error must not,
without other proof, negate the charge. Minor and subjective differences in vehicle
' description (such as color) and variations on make (such as Ford or Mustang) should
be overlooked as immaterial.
Finally, reference to an incorrect section of the Vehicle Code may be overlooked as
long as the citation properly states the infraction in words or understandable
abbreviations.
7.1.4 Time of Observation Versus Time of Writing
The relevant time for any allegation of parking violation is the time the infraction is
observed, not the time the notice is actually written. Therefore, where a respondent
proves that a citation was written before the prohibition came into effect, such as a
time of 3:55 p.m.written on a citation for"No Stopping/Standing 4:00 p.m.-6:00 p.m.",
the citation should be summarily dismissed.
On the other hand,if an officer observed a violation before a prohibition expired(e.g.,
a citation for 'No Parking 7:00 a.m. - 9:30 a.m." written at 9:25 a.m.) and notes this
time on the citation,but actually completes and affixes the citation to the vehicle after
the prohibition has expired, the citation is technically sound. It is not a valid defense
to assert that the citation was actually completed and placed on a vehicle after a
parking restriction had elapsed.
7.1.5 Challenge to Issuing Officer's Judgment
A respondent may claim that the officer was mistaken in his 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 an examination of the respondent's proof.
City of Grand Terrace 25 Parking.Citation Administrative Manual
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 citation may
be dismissed.
1.
7.1.6 Missing Signs
The California Vehicle Code does specify the number of signs that must be posted to
announce parking restrictions or the minimum distance allowable between signs. City
of Grand Terrace policy is 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. It is also City policy to post signs at the entrance to a parking lot. If it is
proved that there was no sign anywhere in the block in question, a citation may be
dismissed.
To assert this defense successfully, a respondent must, by proof, eliminate the
possibility of a sign an,where in the parking area or block. Proof that a bare pole
existed or that.there was no sign in hart of the block, is not adequate proof to
substantiate this defense.
All evidence,photos,statements,etc.--should indicate clearly the location referred to.
The citation, 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 determine whether
signs might have been hidden behind trees, canopies, etc.
The Hearing Examiner should also take special notice of the findings in the required
administrative investigation and review of a sign complaint. The investigation is
performed by staff of the Departments of Public Safety and Public Works and in
✓' virtually all cases includes a field inspection of the location in question.
When the evidence presented by the respondent fails to prove that there was no sign
anywhere in the parking area, the citation 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.
7.1.7 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 which indicated 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.
7.1.8 Defaced Signs
To successfully maintain a defense of a defaced sign, the respondent must prove two
things: (1) that the sign was so defaced that it could not be read; 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 familiarity with the area, how often he has been there, as well as about his
knowledge of the removal or defacement of the sign.
City of Grand Terrace 26 Parking Citation Administrative Manual
7.1.9 Preferential Parking Zone Violations
A valid permit is required for any vehicle parked in an area established as a
_ preferential parking zone and signs are posted which give notice of the zone. All
preferential parking permits are not valid in all zones. Permit holders are required to
abide by the parking regulations adopted by the City in which they are parking and
prominently display their parking permit. The Hearing Examiner will be provided with
the rules and regulations adopted by the City. A permit violation shall not be
dismissed because a permit holder did not know that her permit was not valid in the
area where she was cited.
Non-display or improper display of a preferential parking permit is a violation of City
regulations, and multiple citations for this violation should not be dismissed.
Visitors who display parking permits are required to follow zone regulations and
prominently display the placard.
An assertion that the respondent did not know they were parking in a preferential
parking zone or that they were required to display a parking permit while parked is not
grounds for dismissal of the violation.
7.2 Explanations
There are certain explanations which, if proven, and under certain circumstances, may be the basis for
a dismissal.
7.2.1 Vehicle Breakdowns
If a vehicle suffers a mechanical breakdown and if reasonable efforts are made to have
the vehicle removed from the street, a citation for illegal parking issued while the car
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 parking before
the breakdown occurred.
The violation must have resulted from the breakdown.
* Reasonable steps must have been taken to remove the vehicle from the
situation that caused the violation.
NOTE: If the Hearing Examiner is fully convinced that all four elements of the claim
have been sustained by a preponderance of the credible evidence, the Hearing
Examiner may find the respondent not liable. If respondent's proof on any of the first
three elements fails, the hearing Examiner should sustain the citation and find the
respondent liable.
7.2.2 Poverty
In a very few cases, a respondent may claim and may even prove that forfeiture of the
fine on a citation would be a great financial hardship. In fairness to the public at
large, this must not be used as the basis for a finding of not liable or a reduction of
City of Grand Terrace 27 Parking Citation Administrative Manual
the late payment penalty. To rule otherwise would be to encourage such individuals
to flout the regulations and to encourage others to claim poverty. Under law, all
�z motorists, regardless of income or station in life, have the same responsibilities.
Arrangements to make partial payments on a citation may be made at the time of
hearing with the concurrence of the Finance Department.
7.2.3 'Running Out of Gas"
Usually, this excuse is to be rejected outright. It is the responsibility of all vehicle
operators to insure that their vehicles can be operated in a safe manner.
7.3 Unacceptable Defenses or Explanations
The parking laws were promulgated and fine schedules were set to discourage illegal parking by, not
only those people who have no reason to violate the laws,but also, those who do have a reason. The
problem of illegal parking in Grand Terrace 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 citation.
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 consequence that they
can be ignored, that the parking problem continues. And grows.
A social decision was made by government that, for the welfare of the community as a whole, the
practice of allowing individuals to park where they wish,when they wish, and for whatever reason they
may have, should be abridged. It devolves to the Hearing Examiner to see to it that this social policy
is carried out.
The Hearing Examiner must maintain a proper perspective in the hearings. The Hearing Examiner is
facing,in a large number of cases, those who ask to be excepted from the law. The Hearing Examiner
must also be mindful of the majority of citizens who acknowledge their responsibility and pay their fines.
They too, had personal reasons to do as they did. But they accepted the consequences of their actions
m choosing to pay the scheduled fine. They must not be discriminated against in favor of those who
believe that, by articulating their plight in person, they will be granted automatic exception.
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 Examiner
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 that just as defenses and explanations that are unbelievable and without merit
are to be rejected, credible and meritorious defenses and explanations should be accepted and given
appropriate weight when rendering a decision.
7.3.1 "Going; to the Bathroom"
This is never an adequate excuse for illegal parking.
7.3.2 "Short Errands"
No errand, no matter how short, no matter how important to the respondent, short of
a bona-fide medical emergency (not headache, cramps, etc.) is an acceptable excuse
for illegal parking.
City of Grand Terrace 28 Parking Citation Administrative Manual
The "short errand" is a very common excuse. Running in to pick up someone or
something is a common excuse for parking illegally. It is not legally valid, however,
and should not result in anything but a finding of liable.
7.3.3 "Doctor/Dentist Appointment"/Late for Class"
Like other citizens,the owner of a motor vehicle must plan a way to arrive on time for
a dentist or doctor appointment or to a class without parking illegally,and if this is not
done he or she must accept responsibility.
7.3.4 "Business or Personal Appointment"
The same applies here. The driver of a motor vehicle must accept responsibility for
planning to arrive on time for appointments. Being late does not bestow upon the
driver the privilege of parking illegally.
7.3.5 "Car used for City Business"
Some employees are authorized to use their personal vehicles for City business. If the
respondent claims an actual business use of the vehicle and, therefore, requests
consideration under the regulations concerning City vehicles, the respondent must
present a letter signed by the City Manager so stating. This still does not bestow upon
the driver the privilege of parking illegally. Current City policy does not authorize use
of private vehicles for City business.
7.3.6 "1 have a valid placard"
Many people believe that because a special.placard has been issued to them, they
>� should automatically be granted the special privileges. Special parking privileges for
certain groups of individuals,such as disabled persons, are always contingent upon the
prominent display of the qualifying placard or plate. A citation is valid if there is no
proof that a qualifying placard was actually displayed at the time of the violation,even
if the person actually qualifies for the special privileges.
7.3.7 "The permit was in the car. The officer should have seen it."
Special permits must be placed in the lower left corner of the driver side windshield,
or hung from the rear view mirror, or adhered to the left rear bumper. Any other
place is not acceptable. .
7.3.8 "No Place Else to Park'PThe Lot Was Full"
Rather than being a valid excuse, this in fact confirms the respondent's liability. This
excuse also implies that if a person can't conveniently comply with the parking laws,
he or she has the right to violate it. This, of course, is not the case. It is every driver's
responsibility to locate legal parking.
7.3.9 "1 Didn't See the Sian"
A driver is required to look for signs when parking. This may mean checking an entire
block from corner to corner. Drivers are also required to notice signs as they drive.
That a person did not see a sign forbidding parking is not an acceptable excuse.
l �
City of Grand Terrace 29 Parking Citation Administrative Manual
7.3.10 "I•didn't Understand the Sin" or "I have a University Permit"
Absent genuine confusion caused by conflicting signs, this is no excuse. One is
required to read and understand signs to qualify for a license to drive. University
Permits are issued by and for a private institution and are not valid on a public street.
7.3.11 "The Sign was Obscured"
Unless the sign was so obscured that no one could read it from any angle,this defense
has no merit.
7.3.12 11
1 am doing a service for the City"
Many vendors believe that they should not have to pay to park. They may being doing
a service for the City, but they are also being compensated for the service.
7.3.13 "I had Permission"
In a non-emergency, Nobody, including a police officer, parking enforcement officer
or any other employee of the City, has the authority to grant permission to park
illegally. A police officer may, however, order a person to pull over to the curb, pass
through a red light, etc., in the performance of his duties. Drivers must obey the
directions of an officer at the scene of an emergency.
7.3.14 "Only part of my Car was Illegally Parked
A violation is not based on a certain percentage of a vehicle being illegally parked. If
part of the vehicle extends into a restricted area, the violation is the same as if the
entire vehicle did. City policy is for the issuing officer to indicate the distance vehicle
projects or occupies restricted areas.
7.3.15 "I Left Someone in the Car"
"I Left my Parking Lights On or Blinking"
"I left a Note in the Car as to my Whereabouts"
"The Motor was Running"
Many respondents seem to think that evidence of.a short stay mitigates the offense.
It does not. The purpose of parking regulations is to restrict from certain areas,motor
vehicles which are not in motion. The presence of a passenger, a sign or blinking
lights does not satisfy this purpose and, therefore, does not constitute a valid reason
to dismiss a violation. Blinking hazard lights certainly do not transform an ordinary
vehicle into a bona-fide emergency vehicle.
7.3.16 "It was Only a Few Minutes"
This explanation is one of the most common claims. "A few minutes" is a subjective
term and, in fact, can mean anything up to a few hours within a person's own
rationalization. Even if true, parking for iny length of time, where it is prohibited,is
illegal, and for this reason alone, this excuse is unacceptable. The parking laws would
have no effect if people were allowed to park illegally for their individual definition of
a "few minutes."
City of Grand Terrace 30 Parking Citation Administrative Manual
7.3.17 "Nobody Else Got a Ticket"
Sometimes this defense is phrased as"discriminatory enforcement". Occasionally it is
true that an officer didn't cite an entire area. Other vehicles may or may not have
been parked illegally. The officer also may have had to leave the area before checking
all vehicles.
However, it doesn't even matter. A citation stands on its own. Whether the
res on ndent was properly cited for the particular violation is the only issue in a hearing.
Therefore, even if the respondent was the only person in the area cited, the issue is,
was she violating the law? If so, the claim that she was the only one cited is without
merit both as a defense and as an explanation in mitigation.
7.3.18 "The Whole Block was Parked" or "Everyone Else Was Parkin There"
here„
In parking situations, this excuse is usually more a case of individual carelessness than
custom or misunderstanding. Had the respondent looked,he would have seen the sign
and realized that the "other cars" were parked illegally too. Custom, or the fact that
others are committing the same violation, should be rejected as a valid defense.
7.3.19 "Someone Else Had M,
In the absence of outright theft, the Vehicle Code is clear that the registered owner
of a vehicle is responsible for the safe and legal operation of the vehicle. Whether a
vehicle was borrowed and parked illegally by a relative or friend, or by a garage
attendant, etc., it remains legally in the owner's care.
The owner is responsible for all citations gathered by an operator and for all penalties
incurred due to the operator's lateness or failure to respond.
7.3.20 "The Officer Saw me park and Didn't Say Anything-- or-- Said It Was O.K.for a Few
Minutes. etc."
There are some misunderstandings which seem to be based on the proposition that
officer inaction somehow implies granting an exemption. Where this excuse is offered
in good faith, it is very important to explain that the officer that saw them park and
with whom they spoke may not have written a citation,'but that in no way implies that
they are exempted from the parking regulation,or preclude the possibility that another
officer may come by and write a citation. This excuse is to be rejected.
7.3.21 "The Officer Told Me"
Many people think that an officer may grant illegal parking if he or she wishes to do
so. This is not true. (See 8.3.22)
7.3.22 "The Officer Apologized But Wrote The Citation"
Such a statement only indicates that the officer may not have wanted to fight about the
violation. It is easier for the officer to let the respondent vent his or her anger on the
Hearing Examiner. This excuse should be rejected as meaningless and irrelevant.
It should be noted that if the officer really believed that an error was made,the officer
has the option of recommending to a supervisor that the citation be dismissed. This
citation would be dismissed prior to or during the administrative review.
City of Grand Terrace 31 Parking Citation Administrative Manual
7.3.23 "This Violation has not been Enforced in the Past"
Officers in some areas may not fully enforce all parking laws for a variety of reasons.
Simple neglect,inadequate staffing, other higher priorities,etc.,may give rise to long-
term, widespread violations in some parts of the City. But nowhere may apparent
failure to enforce any parking law constitute a valid defense for a citation.
7.3.24 "I've Done It for Years" or "Everybody Does It"
These are never a valid defense or adequate mitigation for any violation of the parking
laws. Nobody is to be rewarded for "getting away" with prior violations.
7.3.25 Diplomatic Immunity
According to the United States Department of State,Consul Generals are exempt from
the laws of-a local jurisdiction only with respect to criminal acts performed in the
exercise of consular functions. Since parking citations are now civil offenses, this
defense is no longer applicable.
7.4 Appeals for Leniency
Occasionally,when all else fails,a respondent may present an excuse which is,in effect,really an appeal
for leniency. The following are some common examples. None of these, however,have sufficient legal
weight to dismiss a violation.
7.4.1 "Out-of-Town Driver"/"Do Not Read English"
Our signs are printed in simple language. An out-of-town driver who makes incorrect
\Y, assumptions is causing the same danger and inconvenience as any local driver who
ignores the same regulation. A driver from out-of-town is required to obey all of our
parking laws as a condition of being granted the privilege of operating a vehicle on our
streets.
This same reasoning applies to a respondent who claims to not understand or read
English. The ability to understand and abide by signs.regulating the operation of
motor vehicles is a condition for being granted a license to drive.
7.4.2 "New to the City"
A new resident has the same responsibilities as everyone else. They are required to
familiarize themselves with and abide by all parking regulations before they park.
7.4.3 "The Fine is Too High"
Fines are set by the City of Grand Terrace and apply to all motorists equally. The
fines are not variable and may not be reduced in the absence of a legally proper reason
to do so.
7.4.4 "Towed Vehicles"
When a vehicle has been towed, the amount of the towing and any storage fees the
respondent must pay is not under the Hearing Examiner's jurisdiction. Towing fees
for official towing garages are established by that entity. When a citation is reviewed
in a hearing, only the penalty for the parking itself is subject to consideration.
City of Grand Terrace 32 Parking Citation Administrative Manual
The Hearing Examiner's standards for judging the validity of a case where a vehicle
was towed should never vary from other cases.
NOTE: The above are simply some examples of the cases that we anticipate in our hearing rooms and
are meant only as suggestions. The Hearing Examiner must decide each case on its merits.
8.0 SPECIAL CLASSES OF VEHICLES
8.1 Commercial Vehicles
A commercial vehicle is defined by the State of California as any "vehicle of a type required to be
registered as commercial or maintained for the transportation of persons for hire, compensation, or
profit or designed, used, or maintained primarily for the transportation of property." The State of
California issues a distinctive type of license plate to commercial vehicles. The plate is identified by a
number followed by a letter followed by five numbers,for instance 2B12345. Some commercial vehicles
are issued personalized plates as indicated on the vehicle registration. Commercial vehicles registered
out-of-state are also subject to the special conditions listed below. Commercial vehicles are exempt or
partially exempt from certain rules or types of violations.
It should be emphasized that commercial vehicles are subject to all other rules and regulations whether
or not they are loading or unloading. For example,they must pay for metered spaces,they cannot park
in"No Stopping/Standing"Zones or within 30 feet of intersections, or block fire hydrants. They are not
allowed to double park, although some drivers will maintain that individual enforcement officers tend
to give them some leeway. Such allowances are not in accord with the rules and regulations of the City
and do not afford a respondent an effective defense when a double parking citation(or any citation for
a valid violation) is issued.
When a commercial vehicle is cited for exceeding the allowable time in a zone, the officer who writes
' the citation must indicate in the remarks section the time he or she began to observe the vehicle and
another time when the vehicle became in violation. The two times must be more than 30 minutes apart.
Several problems tend to characterize hearings involving commercial vehicles. The issue of identification
as a valid commercial vehicle is sometimes raised. If the license plates are personalized or issued by
another jurisdiction and the respondent provides a valid DMV commercial registration card,the vehicle
should be considered a commercial vehicle for the purpose of the hearing.
A respondent may try to appeal to a Hearing Examiner's sympathy by arguing that certain parking
practices are essential to the conduct of his business, or necessary for his livelihood. However, if a
practice(such as overtime parking) is illegal, a Hearing Examiner must not create a special exemption
to the parking laws because of a desire to alleviate the respondent's hardship. It would be improper
for a Hearing Examiner to dismiss a validly issued citation for such a reason. A Hearing Examiner does
not have the authority to effect such a policy change.
A problem sometimes arises when the respondent claims that,'although two times are listed on the
citation which are over 30 minutes apart for a Loading Zone violation, he had,within that time,moved
the vehicle and returned, and, therefore, had not exceeded the allowable time limit for the particular
zone.
In any event, the burden is on the respondent to establish that the vehicle was not at the location in
question for the period stated on the citation. To the extent that he is able to do this (through the
presentation of invoices,delivery logs and the like),the Hearing Examiner may exercise some discretion,
bearing in mind that the purpose of these time restrictions is to encourage turnover and discourage
vehicles from occupying spaces for long periods to the exclusion of other vehicles.
City of Grand Terrace 33 Parking Citation Administrative Manual
It should be noted that no one"owns""their"loading zone. Although a loading zone may be established
at the request of a certain business and may be located immediately adjacent to the business, no one
`1 is entitled to exclusive or unique parking privileges. Loading zones are established for the use of all
qualified commercial vehicles.
8.2 Government Vehicles
Government vehicles are defined as those owned or leased by the United States Government,the State
of California, or any city, county or other political subdivision within the State. These vehicles are
generally identified by a distinctive Government or "E" plate. The vehicles also usually display
government seals or other special markings. Leased or rented vehicles must display an official
government vehicle placard.
In general, all emergency vehicles are exempt from all parking regulations, but only while actively
engaged in emergency work. This includes police and fire vehicles,and public and private ambulances.
Employees driving private vehicles with official placards and on official business are not required to pay
to park, but must park legally.
8.3 City Vehicles
Vehicles registered to the City of Grand Terrace are not exempt from most parking regulations. They
may park in permit zones in the performance of their duties,but are not exempt from other regulations
such as no stopping, fire access, or disabled zones. City vehicles are identified by an "E" license plate
and a City Seal on the vehicle door.
9.0 DISABLED PARKING: CVC Section 22507.8, etc.
Following is a summary of rights and responsibilities of disabled drivers along with potential problems
associated with disabled parking.
9.1 Requirement to Obtain California Disabled Plate And/Or Placard
The Department of Motor Vehicles requires an applicant for a disabled plate or placard to submit a
certificate signed by a physician,-chiropractor, ophthalmologist, optometrist or surgeon stating the
disability. Loss of-limbs or any other limiting disability that can easily be seen if the disabled person
applies in person at the Department of Motor Vehicles does not require a doctor's certificate.
9.2 Description
The placard's size and color are determined by the DMV. Permanent placards are renewed bi-annually,
with an expiration date of June 30th, during odd numbered years. Temporary placards have an exact
expiration date (month-day-year). Placards have no grace period.
The dimensions of the present permanent disabled placard are 5" x 8". The placard is red with white
printing and border, and is made of plastic. The dimensions of the present temporary disabled placard
are 6"x 12". The placard is blue with black printing and border, and made of thick construction paper.
The temporary placard states"Temporary Parking Placard." Xerox copies of either placard are not
valid; therefore, they are not acceptable.
A disabled license plate is identified by the letters DP or DV appearing before the numbers on the plate
(DP = Disabled Person, DV = Disabled Veteran).
r
City of Grand Terrace 34 Parking Citation Administrative Manual
Environmental/personalized'license plates will have a "DP" sticker affixed on the license plate, to the
right of the month indicating disabled person. This sticker indicates that the vehicle owner is entitled
to disabled parking privileges.
All disabled person placards have an identification number, and each recipient of a placard issued by
California is given an identification card with the corresponding number. Each person issued a placard
must carry his or her identification card and, if requested by a peace officer,he or she must present it.
Most disabled persons choose the disabled placard as their means of identification. With the placard
there is more flexibility, since the placard can be placed in any vehicle that the disabled person will be
riding in or driving. The Department of Motor Vehicles does not have a preference on placard versus
license plate. DMV informs the applicant of the correct location to place the placard, so that it can be
clearly visible to all law enforcement officers. The placard shall be placed on the dashboard on the
driver's side of the vehicle.
9.3 Issuance
The Department of Motor Vehicles tries to assure the issuance of one placard per person. The
exception is: organizations and agencies responsible for transportation of disabled persons may have
a placard for each vehicle for the purpose of transporting the disabled persons.
NOTE: There is no difference in the disabled person vehicle license plates that are issued to passenger
vehicles and the disabled person vehicle license plates that are issued to commercial vehicles. Further,
when a commercial vehicle displays either a disabled plate or the disabled person placard, the vehicle
is entitled to all parking privileges permitted under California State Law.
9.4 Parking Privileges
Disabled persons/veterans veterans whose vehicle displays a uali m disabled person late or placard shall be
P / qualifying g P P
allowed to park in:
a. any metered space without being required to pay any meter fees
b. specially reserved disabled person parking spaces
C. green zones for an unlimited time
d. time limit zones for unlimited times
C. any other regulated parking space not affecting the public's safety
NOTES: Only the person to whom the disabled person placard was issued or someone transporting the
disabled person may legally use the placard. Proof that a person was engaged in transporting a disabled
individual while properly displaying the disabled plate or placard would constitute a valid defense for
the above mentioned exempted violations. Without such proof the citation may not be dismissed.
Vehicles displaying distinguishing disabled license plates or placards issued by jurisdictions outside of
the State of California are allowed the same parking privileges as disabled persons or veterans of the
State of California. These individuals are also subject to the same requirements of proof to dismiss a
citation.
Disabled persons cannot park in zones in which the stopping, standing, or parking of all vehicles is
Prohibited.
With the exceptions just noted,vehicles with the disabled designation may receive a citation for failing
to adhere to parking regulations. In such a case, the hearing Examiner must use discretion in
determining whether the particular handicap of the respondent, in conjunction with the surrounding
circumstances, warrants dismissal of the citation.
City of Grand Terrace 35 Parking Citation Administrative Manual
These vehicles are not exempt from disabled person ramp violations. The ramp is designed for access
to all persons requiring its use. Any vehicle parked in front of a disabled person ramp denies access
of the ramp to others and should be cited.
9.5 Dismissal of Handicapped Parking Violations
Handicapped violations may be dismissed during/after administrative review if the operator/registered
owner of the offending vehicle can prove he had a valid placard at the time of the citation. Valid proof
must include the following which must be produced for administrative review:
1. Current valid proof of a placard or license plate.
2. DMV Registration papers identifying name of qualifying person associated with respective plate
or placard:
3. Picture I.D. of qualifying person for placard or plate.
10.0 TYPE OF VIOLATION
Parking citations may be classified as either a public safety or a non-public safety violation. The
Hearing Examiner's decisions may consider this distinction.
10.1 Public Safetv
Public Grounds
Red Curb
Outside of Marked Stall_
Parked on a Crosswalk
Parked on Sidewalk
Double Parking
Parked in Front of Wheelchair Access Ramp
Parked on Wrong Side of Street
Disabled Permit/License Plate not Displayed
Parked in Alley
10.2 Non-Public Safety
White Curb
Yellow Curb
Expired Meter
Parked Without Valid Permit Displayed
License Plate Missing
Current.License Tab Not Displayed
NOTE: Public safety violations are classified as such because they may pose a significant hazard to the
general public. Accordingly, a public safety violation should not be dismissed unless it was precipitated
by a bona-fide emergency situation. The circumstances surrounding the emergency should be such that
it would not be reasonable to expect the driver to search for a legal parking space.
11.0 SEIZING OR BOOTING A VEHICLE
Vehicle Code Sections 22651(i) and 22651.7 allow the City to seize or immobilize(boot) any vehicle that
has been issued five or more parking citations over a period of five or more days and have not been
resolved,by the responsible party. Partially paid citations are also included in determining whether a
vehicle is eligible for seizure. Citations issued to vehicles with an out-of-state registration count toward
eligibility for seizure 30 days after the issue date. Citations issued to vehicles with a California
registration count toward eligibility 50 days after issuance.
City of Grand Terrace 36 Parking Citation Administrative Manual
11.1 Tow and Storage Fees
The owner of a vehicle that has been impounded for unpaid parking citations will incur a towing charge
and may also incur storage fees. These fees are set by the individual tow and storage business and are
collected by the individual that towed the vehicle. The basic towing fee is established by the towing
agency and is determined by prevailing rates. If the vehicle is not immediately reclaimed and the towing
agency is required to store it, storage fees per day will be added as determined by prevailing rates.
After the seventh day of storage, an administrative fee may be charged by the garage/storage business
for DMV processing.
11.2 Hearings on Seized Vehicles
A few options are available to an individual whose vehicle has been seized and who wants to contest the
validity of parking citations:
* He or she may decide to pay all of the citations owed on the vehicle and schedule a hearing
in the future for those citations he or she wishes to contest. The vehicle will be released after
the fines are paid and the respondent will be given the opportunity to challenge the validity of
citations at a scheduled hearing. The respondent will be entitled to a refund of the fine paid
for any citation that is dismissed as a result of the hearing. However, since the towing and
storage fees are not subject for review in a hearing and are the result of a failure to expediently
address numerous notices of delinquent parking violation, the fees will not be refunded even
if the citations are dismissed.
* He or she also has the option of contesting the citations before obtaining a release of the
vehicle. It is the policy of the City to expedite the scheduled hearing date for anyone whose
vehicle has been seized. In a great many cases, the responsible party will be scheduled for a
hearing the next day. In such a case, a booted/immobilized vehicle on a public street will be
�i towed at the owner's expense to a storage area for safe keeping. The responsible party must
be advised of this additional incurred cost which will not be refunded even if the citations are
dismissed.
11.3 Release of Seized Vehicles
No vehicle will be released once it has been seized until all of the outstanding citations charged to the
seized vehicle, and any other vehicle registered to the registered owner of the seized vehicle, have been
resolved by payment or administrative adjudication. Payment can be made in any manner except by
personal check. If the vehicle is towed to a garage or storage lot, it will only be released when the
responsible party presents a release form obtained from the garage or storage lot which indicates that
all outstanding citations have been resolved, and upon settlement of the fees charged by the garage.
Towing agencies routinely require cash, money order or certified check for payment.
11.4 Court Appeal For Seized Vehicles
Subsequent to a negative administrative review and Examiner's Hearing,a responsible party may appeal
and request a court hearing. Per Section 11.3 above, all citations must be resolved by payment prior
to release of the vehicle. Posted bail amounts and fees will be held by the City until notified of final
adjudication by the Court.
12.0 RENTAL/LEASED VEHICLES: CVC Section 40200 and 40209
An individual who leases or rents rather than owns a vehicle is jointly liable with the owner for citations
issued to that vehicle. The following is a brief summary of the special procedures for rented or leased
vehicles.
City of Grand Terrace 37 Parking Citation Administrative Manual
When a citation has not been resolved or a hearing scheduled, the processing agency mails a notice of
delinquent parking violation to the registered owner of the vehicle as identified by the Department of
Motor Vehicles. The lease or rental company that owns the vehicle has 30 days (as mandated by the
California Vehicle Code) to supply the name, address and driver's license number of the person that
is leasing or renting the vehicle to the processing agency. If this information is supplied within the 30-
day time limit,liability is transferred to the lessee or renter and a notice of delinquent parking violation
is mailed. If the 30-day time limit is not met, there is no statutory requirement to transfer liability.
Therefore, responsibility remains with the lease or rental company.
When the respondent claims that he or she was identified by a lease or rental company in error and was
not, in fact, operating the vehicle when it was cited, the respondent should be directed to contact the
lease or rental company to resolve the dispute. The Hearing Examiner should not make a judgement
on liability in this case. Instead, a notation of what transpired is made on the disposition form and filed.
The actual hearing process operates in the same manner as it does for vehicles that have not been
leased or rented,except as noted above when the respondent denies leasing or renting the vehicle at the
time it was cited. A person leasing a vehicle,like a registered owner,is responsible for the vehicle and
all citations issued to it, no matter who was actually driving.
13.0 APPEALS
The decision of the Hearing Examiner is final for the administrative adjudication process. The
respondent does, however, have the right to judicial review. This appeal is allowed in order to
determine whether or not the respondent's rights were prejudiced by a decision which is: unsupported
by substantial evidence; arbitrary or capricious; an abuse of discretion; or otherwise not in accordance
with law.
To exercise this right, an appeal must be filed in the San Bernardino County Municipal Court within
20 days from the mail date of the Hearing Examiner's decision. The court charges a filing fee to
process an appeal.
The importance of recording every hearing is to preserve, in case of appeal, exactly what happened. If
an appeal is filed, a transcript will be made from what appears on the tape. Usually the judicial review
of the hearing will be confined to what appears on this transcript. The judge hearing an appeal, of
course, always has the option of requesting additional testimony.
NOTE: A Hearing Examiner should not make predictions on the prospects for success of an appeal
and should never attempt in any manner to dissuade a respondent from exercising the right to appeal.
13.1 Refund of Dismissed Fees Subsequent to Ap e�al
If the Court rules in favor,of the contestant during an appeal, the City must refund:
a. Court filing fee.
b. Any parking fines.
C. Any associated penalties that the Court may dismiss.
(End of Manual)
City of Grand Terrace 38 Parking Citation Administrative Manual