SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

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THIS PRINT COVERS CALENDAR ITEM NO. : 10.

1 THIS PRINT COVERS CALENDAR ITEM NO. : SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY DIVISION: Finance and Information Technology BRIEF : Amend Transportation Code, Division II, Sections 302 and 303 to clarify fine amounts for all parking violations. SUMMARY: The California State Legislature requires that a total of $10.00 in fees be collected and transmitted to the State for each parking citation penalty: $4.50 per citation for the State Courthouse Construction Fee [California Government Code Section 70372(b)]; $2.50 per citation for the Local Courthouse Construction Fee [California Government Code Section 76000(b)]; and $3.00 per citation for the Trial Court Trust Fund Fee [California Government Code Section ]. San Francisco currently collects the required $10.00 in State-imposed fees from all parking citation penalties. For the FY 2013 parking citation penalty schedules, the State and Local Courthouse Construction Fees are incorporated into the parking citation penalties, while the Trial Court Trust Fund Fee is indicated by a note at the bottom of Sections 302 and 303 of Division II of the City s Transportation Code that states: The California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section , effective January 1, An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee. In order to make parking citation amounts more clear in Sections 302 and 303, the SFMTA proposes to update all parking fine amounts in the penalty schedules to incorporate the Trial Court Trust Fund fee into the total penalty amount and amend the above-described note to indicate that the parking citation fine amounts include these three State-imposed fees. No penalty or fine amounts will change as a result of this Resolution. This Resolution simply updates the amount in the penalty schedules to reflect the total penalty and fine amounts currently being charged. ENCLOSURES: 1. SFMTA Board Resolution 2. Transportation Code, Division II APPROVALS: DATE DIRECTOR August 12, 2013 SECRETARY August 12, 2013 ASSIGNED SFMTAB CALENDAR DATE: August 20, 2013

2 Page 2 PURPOSE Amend Transportation Code, Division II, Sections 302 and 303 to clarify fine amounts for all parking violations. GOAL Amending the Transportation Code will further the following goals of the Strategic Plan: Goal 1 Create a safer transportation experience for everyone Goal 3 Improve the environment and quality of life in San Francisco The California State Legislature requires that a total of $10.00 in fees be collected and transmitted to the State for each parking citation penalty: $4.50 per citation for the State Courthouse Construction Fee [California Government Code Section 70372(b)]; $2.50 per citation for the Local Courthouse Construction Fee [California Government Code Section 76000(b)]; and $3.00 per citation for the Trial Court Trust Fund Fee [California Government Code Section ]. San Francisco currently collects the required $10.00 in State-imposed fees from all parking citation penalties. For the FY 2013 parking citation penalty schedules, the State and Local Courthouse Construction Fees are incorporated into the parking citation penalties, while the Trial Court Trust Fund Fee is indicated by a note at the bottom of Sections 302 and 303 of Division II of the City s Transportation Code that states: The California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section , effective January 1, An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee. In order to make parking citation amounts more clear in Sections 302 and 303, the SFMTA proposes to update all parking fine amounts in the penalty schedules to incorporate the Trial Court Trust Fund fee into the total penalty amount and amend the above-described note to indicate that the parking citation fine amounts include these three State-imposed fees. No penalty or fine amounts will change as a result of this Resolution. This Resolution simply updates the amount in the penalty schedules to reflect the total penalty and fine amounts currently being charged. ALTERNATIVES CONSIDERED The alternative to this action would be to leave the current wording of Sections 302 and 303 as is. The alternative is unsatisfactory because it causes confusion for the public regarding the current parking violation penalty and fine amounts.

3 Page 3 FUNDING IMPACT Because fine amounts are not changing, this action is not expected have any impact on revenue. PUBLISHED NOTICE AND PUBLIC HEARING Pursuant to Charter Section and Section 10 of the SFMTA Board of Directors' Rules of Order, advertisements were placed in the City s official newspaper to provide notice that the Board of Directors will hold a public hearing on August 20, 2013, to consider the above modifications. In compliance with these requirements, the advertisement ran in the San Francisco Chronicle for a five-day period beginning on July 30, OTHER APPROVALS RECEIVED OR STILL REQUIRED The Department of City Planning has reviewed the proposed modifications to the Transportation Code and has determined that the proposed changes are exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations (CEQA Implementing Guidelines) Section (Rates, Tolls, Fare and Charges). A copy of the determination is on file with the Secretary to the SFMTA Board of Directors. The City Attorney s Office has reviewed this calendar item. RECOMMENDATION The SFMTA recommends that the SFMTA Board of Directors amend Division II, Sections 302 and 303 of the Transportation Code to clarify fine amounts for all parking violations.

4 SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS RESOLUTION No. WHEREAS, The California State Legislature requires that a total of $10.00 in fees be collected and transmitted to the State for each parking citation penalty: $4.50 per citation for the State Courthouse Construction Fee [California Government Code Section 70372(b)]; $2.50 per citation for the Local Courthouse Construction Fee [California Government Code Section 76000(b)]; and $3.00 per citation for the Trial Court Trust Fund Fee [California Government Code Section ]; and WHEREAS, San Francisco currently collects the required $10.00 in State-imposed fees from all parking citation penalties; and WHEREAS, For the FY 2013 parking citation penalty schedules, the State and Local Courthouse Construction Fees are incorporated into the parking citation penalties, while the Trial Court Trust Fund Fee is indicated by a note at the bottom of Sections 302 and 303 of Division II of the City s Transportation Code that states: The California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section , effective January 1, An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee ; and WHEREAS, In order to make parking citation amounts more clear in Sections 302 and 303, the SFMTA proposes to update all parking fine amounts in the penalty schedules to incorporate the Trial Court Trust Fund fee into the total penalty amount and amend the above-described note to indicate that the parking citation fine amounts include these three State-imposed fees; and WHEREAS, No penalty or fine amounts will change as a result of this Resolution; this Resolution simply updates the amount in the penalty schedules to reflect the total penalty and fine amounts currently being charged; and WHEREAS, The Department of City Planning has reviewed the proposed modifications to the Transportation Code and has determined that the proposed changes are exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations (CEQA Implementing Guidelines) Section (Rates, Tolls, Fare and Charges); and WHEREAS, A copy of the determination is on file with the Secretary to the SFMTA Board of Directors; therefore, be it RESOLVED, That the San Francisco Municipal Transportation Agency Board of Directors amends Transportation Code Division II, Sections 302 and 303 to clarify fine amounts for all parking violations. I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of August 20, Secretary to the Board of Directors San Francisco Municipal Transportation Agency

5 [Transportation Code Transportation Code and California Vehicle Code Penalty Schedules] Resolution amending Transportation Code, Division II, Article 300 (Fines and Fees) Sections 302 and 303 to clarify fine amounts for all parking violations. NOTE: Additions are single-underline Times New Roman; deletions are strike-through Times New Roman. The Municipal Transportation Agency Board of Directors of the City and County of San Francisco enacts the following regulations: Section 1. Article 300 of Division II of the Transportation Code is hereby amended by amending Section 302 and 303, to read as follows: SEC TRANSPORTATION CODE PENALTY SCHEDULE. Violation of any of the following subsections of the San Francisco Transportation Code shall be punishable by the fines set forth below. FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * PEDESTRIANS AND SIDEWALKS Sections 77, 78 Div I Pedestrian Crossings $57.00 $ Div I Electric Assistive Personal Mobility Devices $57.00 $ Div I Bicycle Riding Restricted $ $100.00

6 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * 100 Div I NUV Violation $57.00 $ ON-STREET PARKING 315(a) Div I Residential Parking $72.00 $ (c) Div I Street Cleaning $62.00 $ Div I (a) Div I (b) Parking Meter- $72.00 $ Downtown Core Parking Meter- Outside $62.00 $ Downtown Core 38A Div I Red Zone $98.00 $ Div I Yellow Zone $83.00 $ Sections 38B, 38B.1 38C 38D Div I White Zone $98.00 $ Div I Green Zone $72.00 $ (a) Div I Parking for Three Days $98.00 $ (c)(1) Div I (a) Overtime Parking Downtown Core $72.00 $

7 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * 32(c)(2) Div I (b) Overtime $62.00 $ Parking Outside Downtown Core Sections 32.13, 55 Div I Angled Parking $57.00 $ Div I Blocking Residential Door $45.00 $ Div I Median Dividers and Islands $72.00 $ (a) Div I Parking on Grades $57.00 $ Div I Feet Oversize $ $ Sections 27, 219 Div I Motorcycle Parking $98.00 $ Div I Sections 33.5, 39(b), 66 Parking in Stand $98.00 $ (a) 32(a)(1) Div I Div I Parking Transit-$ $ Only Tow-Away Zone- $93.00 $ Downtown Core

8 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * 32(a)(2) Div I Tow-Away Zone- Outside $83.00 $ Downtown Core Div I (b), , , , , , , , , , , , , , , , , , , , , , , Div I , 32.1, , , , , , , , , 32.2, , , , 32.3, , (b), 32.5, 32.6, , , , , , , , , , , , , , , , , , , , , , , , , , Parking Restrictions Parking-Public Property $83.00 $ $62.00 $

9 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * Sections 32.4, Div I Parking- Candlestick Park $62.00 $ (c) Div I Temporary Parking Restriction $62.00 $ Div I Temporary Construction Zone $62.00 $ Div I Remove Chalk $ $ Div I Repairing Vehicle $77.00 $ Sections 315(c), 412(c), 712(c) Div I Permit on Wrong Car $ $ Sections 315(d), 412(d), 712(d) Div I Invalid Permit $ $ Sections (b), 32.14, 58(c) Div I Parking Marked $57.00 $ Space Not Applicable Div I On-Street Car Share Parking $ $ Not Applicable Div I Large Vehicle $ $ OFF-STREET PARKING

10 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * Sections 32.10, Div I Parking Facility Charges $57.00 $ Div I Div I Div I Entrance/Exit Parking Facility Blocking Space Parking Facility $ $ $57.00 $ Speeding within $ $ Parking Facility 32.21A Div I Block Charging Bay $ $ Not Applicable Div I Overtime Parking - Off- Street Parking Meter Not Applicable Div II 1009 SFMTA Property $62.00 $ $62.00 $ TRAFFIC REGULATIONS 70 Div I Obstruction of Traffic-Vehicle $ $ Div I Obstruction of Traffic Without Permit $ $530.00

11 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * Div I Obstruction of Traffic Without Permit $1,000, or six months in jail, or both (4th or more offenses within one year) $1,000, or six months in jail, or both (4th or more offenses within one year) Sections 31, 31.2 Div I Driving in Transit-Only Area $67.00 $ Div I Div I Driving Through $ $ Parades Streetcar Rightof-Way $ $ Div I Passing Safety Zones $ $ Div I Removal of Vehicles- Collision $ $ Sections 28.1 Div I Weight Restricted Streets $ $ COMMERCIAL VEHICLES 63.2 Div I Vehicles for Hire Parking $ $ Div I Advertising Sign $ $ Div I Selling from Vehicle $ $

12 FORMER CODE SECTION TRANSPORTATION CODE SECTION 2013 * Sections 33.3, Div I Truck Loading Zone $83.00 $ Sections 63, 63(A), 63.1 Div I Commercial $ $ Vehicle Parking Restrictions 60.5 Div I Idling Engine While Parked $ $ Police Code Sections Div I Commercial Passenger Vehicle Street Restrictions $ $ Police Code Section Div. I For Sale Sign $57.00 $ TRANSIT VIOLATIONS 127 Div I Fare Evasion $ $ Div I Passenger Misconduct $ $ Div I Conversing with $52.00 $53.00 Operator Not Applicable Div I Fare Evasion - Clipper Card $ $106.00

13 * Editor's Note: The California State Legislature has imposed additional fees applicable to all parking citations. As a result, the total fine amount for parking citations includes the following fees: $4.50 for the state courthouse construction fee, $2.50 for the local courthouse construction fee, and $3.00 for the Trial Court Trust Fund fee.the California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section , effective January 1, An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee. SEC CALIFORNIA VEHICLE CODE PENALTY SCHEDULE. Violation of any of the following subsections of the Vehicle Code (VC) shall be punishable by the fines set forth below. The fine amounts listed in this Section 303 shall apply to any citation issued using a former section number that is listed next to the corresponding Vehicle Code section below. CODE VC4461C Displaying Placard Not Issued to Person 2013 ** $ * $ * VC4462B Improper Registered Plates $ $ VC4463C Fraudulent Display of Placard $ * $ * VC4464 Altered Plates $ $ VC5200 Display Lic Plates $ $ VC5201 Plates/Mounting $ $ VC5201F Plate Cover $ $ VC5202 No Plates $ $114.00

14 CODE 2013 ** VC5204A Tabs $ $ VC21113A School/Pub Ground $67.00 $ VC21211 (38N) Bicycle Path/Lanes $ $ VC22500A Parking in Intersection $98.00 $ VC22500B Parking in Crosswalk $98.00 $ VC22500C Safety Zone $98.00 $ VC22500D 15 ft. Fire Station $98.00 $ VC22500E Driveway $98.00 $ VC22500F On Sidewalk $ $ VC22500G Excavation $57.00 $ VC22500H Double Parking $ $ VC22500I Bus Zone $ $ VC22500J Tube or Tunnel $57.00 $ VC22500K Bridge $57.00 $ VC22500L Wheelchair Access $ $ VC (32.4.A) Parking in Fire Lane $72.00 $ VC22502A Over 18 inches From Curb $57.00 $ VC22502B Wrong Way Parking $57.00 $

15 CODE 2013 ** VC22502E One-Way Road/Parking $57.00 $ VC22505B Signs $57.00 $ VC A Parking in Blue Zone Without Placard/Plate $ * $ * VC B Blocking Access to Blue Zone $ * $ * VC C Parking in the Crosshatch Area Adjacent to a Blue Zone $ * $ * VC A Lost, Stolen or Expired Placard/Plate $ * $ * VC B Misuse of Placard/Plate $ * $ * VC C Counterfeit, Forged or Altered Placard/Plate $ * $ * VC22514 Fire Hydrant $98.00 $ VC22515A Unattended Motor Vehicle $83.00 $ VC22515B Unsecured Motor Vehicle $83.00 $ VC22516 Locked Vehicle $67.00 $ VC22521 Railroad Tracks $88.00 $ VC22522 W/3 ft Wheelchair Ramp $ * $ * VC22523A Abandoned Vehicle/Highway $ $ VC22523B Abandoned Vehicle/Public or Private Prop $ $ VC22526A Blocking Intersection $98.00 $

16 CODE 2013 ** VC22526B Blocking Intersection While Turning $ $ VC23333 Park/Veh Crossing $83.00 $ * This fine includes a 10% additional penalty assessment as mandated by California Vehicle Code ** Editor's Note: The California State Legislature has imposed additional fees applicable to all parking citations. As a result, the total fine amount for parking citations includes the following fees: $4.50 for the state courthouse construction fee, $2.50 for the local courthouse construction fee, and $3.00 for the Trial Court Trust Fund fee.the California State Legislature extended the $3.00 Trial Court Trust Fund fee, pursuant to California Government Code Section , effective January 1, An additional $3.00 will be added to all parking citation penalties listed in this column to recover this State fee. Section 2. Effective Date. This ordinance shall become effective 30 days after enactment. Section 3. Scope of Ordinance. In enacting this ordinance, the San Francisco Municipal Transportation Agency Board of Directors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, letters, punctuation marks, charts, diagrams, or any other constituent parts of the Transportation Code that are explicitly shown in this ordinance as additions or deletions in accordance with the "Note" that appears under the official title of the ordinance.

17 APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: JOHN I. KENNEDY Deputy City Attorney I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of August 20, Secretary to the Board of Directors San Francisco Municipal Transportation Agency

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS AND PARKING AUTHORITY COMMISSION. RESOLUTION No

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS AND PARKING AUTHORITY COMMISSION RESOLUTION No. 14-061 WHEREAS, The FY 2015 and FY 2016 Operating and Capital Budgets for the SFMTA are