TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Brian McNerney, Interim Director of Public Safety
SUBJECT: Consideration and possible action to adopt Resolution No. 25-01 – A Resolution adopting a fine schedule pursuant to California Vehicle Code (CVC) § 40203.5, and superseding Resolution No. 15-90.
DATE: January 13, 2025
EXECUTIVE SUMMARY
The Interim Public Safety Director requests that the City Council adopt Resolution No. 25-01, which would add California Vehicle Code (“CVC”) Section 22500(n)(1)(A) to the City’s fine schedule. This section of the CVC makes it illegal to park within twenty feet of a marked or unmarked crosswalk, or within fifteen feet of any crosswalk where a curb extension is present.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 25-01; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None. Penalties are intended to correct or deter behavior; it does not constitute revenue.
DISCUSSION
On January 1, 2025, CVC § 22500(n)(1)(A) became effective after having been approved by the legislature as Assembly Bill 413. This is the so-called “daylighting” statute which prohibits parking a vehicle within twenty feet of the approach side (right-hand side) of a marked or unmarked crosswalk, or within fifteen feet of any crosswalk where a curb extension is present.
If adopted, Resolution No. 25-01 as amended would establish a penalty for violating this regulation. The proposed penalty is $52 ($40 base fine plus $12 in additional State and County fees). This fee is consistent with other similar violations of the CVC, such as parking in an intersection ($52), parking on a crosswalk ($52), and parking on a sidewalk ($52).
ATTACHMENT
Resolution No. 25-01........................................................................................................... 2 14-E 1: BELLF
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CITY OF BELLFLOWER
RESOLUTION NO. 25-01
A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO
CALIFORNIA VEHICLE CODE (CVC) § 40203.5, AND SUPERSEDING RESOLUTION NO. 15-90
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. This Resolution is adopted pursuant to Vehicle Code §§ 40000.1 (violations as infraction), 40000.28 (misdemeanor upon three or more convictions), 40200 (parking violations subject to civil penalty), and 40203.5 (establishing penalty amounts). The fine amounts (collectively, “fines”) attached as Exhibit “A” to this Resolution are adopted as the City’s fine schedule for purposes of imposing fines pursuant to the Bellflower Municipal Code (“BMC”).
SECTION 2. Supersession. To the extent that Resolution No. 15-90 (adopted November 9, 2015), and any other resolution pertaining to civil penalties for parking violations or a fine schedule pursuant to California Vehicle Code § 40203.5, is incorporated into this Resolution, it is superseded in its entirety.
SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the C ity's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 5. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 6. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
City of Bellflower
Resolution No. 25-01
SECTION 7. Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 8. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 9. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or its duly appointed deputy, is directed to attest.
SECTION 10. Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 13th DAY OF JANUARY 2025.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Civil Penalties and Additional Assessments for Parking Violations
3
CITY OF BELLFLOWER
Resolution No. 25-01
Exhibit A
Civil Penalties and Additional Assessments for Parking Violations
A. The schedule of parking penalties for violations of Bellflower Municipal Code Chapter 10.04, adopting Title 15 of the Los Angeles County Code by reference (as amended), issued in the City is as follows:
Section:
LA County Code Description Base
Fine
Total
Fine
Amount
15.20.070 Failure to obey sign/curb parking $45 $57
15.20.130 Parking space markings $35 $47
15.48.050 Vehicle exceeding posted weight limits $40 $52
15.52.040 Bicycle lanes -- unauthorized park ing $35 $47
15.64.010 Stopping prohibited, parking time limits $35 $47
15.64.020 Parking loading zones (commercial) $40 $52
15.64.030 Parking time limit -- post office $35 $47
15.64.040 Parking at mail box $35 $47
15.64.110 Parking in bus loading zon e $250 $262
15.64.120 Parking in passenger zone $40 $52
15.64.130 No parking -- alleys $40 $52
15.64.140 Temporary no parking $40 $52
15.64.210 Key in ignition, unattended vehicle $35 $47
15.64.220 Parking on grades $35 $47
15.64.230 Parallel parking over 18 inches from curb $35 $47
15.64.240 Angle parking $35 $47
15.64.250 Double parking $40 $52
15.64.260 No parking at anytime $40 $52
15.64.270 Parking in private or public property without consent $35 $47
15.64.271 Parking in yard $55 $67
15.64.280 Parking on wrong side of the street $40 $52
15.64.290 Parking between curb and adjacent property $40 $52
15.64.300 Blocking street $40 $52
15.64.310 Parking of vehicle transporting hazardous materials $350 $362
15.64.320 Blocking driveway on private street $40 $52
15.64.330 Parking in inters ection $40 $52
15.64.350 Parking special hazard $40 $52
15.64.360 Parking adjacent to school $40 $52
15.64.370 Parking --fire hydrant $40 $52
15.64.390 Parking in assigned parking space $40 $52
15.64.400 Disabled parking on street $330 $438
15.64.410 Disabled parking off street $330 $438
15.64.440 Parking at assigned taxicab stand $20 $32
15.64.700 Preferential parking district -- unauthorized parking $40 $52
15.76.080 Vehicle on sidewalk $40 $52
15.76.120 Repairing vehicles on street $40 $52
15.76.130 Washing vehicles on street $40 $52
17.04.370 Parks-- unauthorized parking $40 $52
19.12.1410 Obstructing emergency access routes $55 $67
4 City of Bellflower
Resolution No. 25-01
B. The schedule of penalties for violations of standing and parking laws contained in the Vehicle Code of the State of California is as follows:
Section:
California Vehicle
Code
Description Base
Amount
Total
Fine
Amount
4000(a) Unregistered Vehicle $60 $72
4457 Mutilated or illegal license plate $25 $37
5200 Display of license plate $25 $37
5201 Position of license plate $25 $37
5201(f) Plate clearly visible $25 $37
5202 Period of display $25 $37
5204(a) No tags $60 $72
21113(a) Unlawful parking-public grounds $40 $52
22500(a) Parking in intersection $40 $52
22500(b) Parking on crosswalk $40 $52
22500(c) Parking/safety and curb $40 $52
22500(d) Parking fire station entrance $55 $67
22500(e) Blocking driveway $40 $52
22500(f) Parking on sidewalk $40 $52
22500(g) Parking along excavation $40 $52
22500(h) Double parking $40 $52
22500(i) Parking in bus zone $250 $262
22500(k) Parking on bridge $40 $52
22500(n)(1)(A) Parking within 20 feet of crosswalk $40 $52 22500(1) Parking disabled access ramp $250 $262
22500.1 Parking in fire lane $55 $67
22502(a) Parking 18 inches from curb $40 $52
22502(e) Curb parking one-way roadway $40 $52
22507.8(a) Disabled no visible placard or plate $330 $438 22507.8(b) Disabled obstruction of parking space $330 $438 22507.8(c) Parking disabled crosshatched boundary lines $330 $438 22514 Fire hydrants $55 $67
22515 Unattended vehicles $40 $52
22521 Parking on railroad tracks $30 $42
22522 Parking near sidewalk access ramp $280 $317
22523(a)(b) Abandonment prohibited $100 $112
22951 Parking lot-- street and alley parking $35 $47
27155 Fuel cap required $25 $37
31303(d) Parking hazardous waste vehicle in residential area $350 $362
5 City of Bellflower
Resolution No. 25-01
C. The schedule of penalties for violations of provisions contained in the Bellflower Municipal Code is as follows:
Section:
Bellflower Municipal
Code
Description Base
Amount
Total
Fine
Amount
10.10.050(A) Permit parking only $40 $52
10.10.030(B) Street sweeping $45 $57
10.12.040(A) Time limitations $35 $47
10.12.050(A) Parking in front yard $55 $67
10.12.060(A) Parking in alleys $40 $52
10.12.070(C) Recreational vehicle and recreational trailer parking midnight to 6 a.m.
$70 $82
10.12.080(B) No Parking of a disconnected trailer $70 $82
10.12.080(C) Trailer parking midnight to 6 a.m. $70 $82
10.12.020 No parking on City property posted for no parking $40 $52
10.1 6.010 Commercial vehicles parking restrictions $250 $262
10.16.020 Overweight commercial vehicle parking on private property not on truck route
$250 $262
D. The following is a breakdown of the additional penalties, assessments and related costs that are added to specific citations. They already are included in the total fine amount value of each citation:
Description
1. Delinquent Parking Violations. Additional penalties and the administration fee provided in this section for delinquent parking violations shall be assessed upon filing of notice of delinquent parking violation with the Department of Motor Vehicles, State of California, in accordance with the procedures set forth in Sections 40206 through 40220 of the California Vehicle Code (CVC). • Except in the case of a violation of the handicap parking and bus zone parking laws under Sections 22507.8, 22522, 22500 subdivision (i) and 22500 subdivision (I) of the CVC, if the penalties provided in the Schedule of Parking Penalties are not paid on the day provided in the notice of parking violation, the penalty for delinquent parking penalty shall be a doubling of the penalties set forth in the Schedule of Parking Penalties. • City will assess a fee in an amount equal to that established by CVC 4763 ($4.00) and the actual cost of collection fees (30% of the delinquent revenue that is collected).
2. Handicapped Parking Violations. Under Section 1465.5 of the California Penal Code, an additional penalty of $2 for every $10 or fraction thereof shall be assessed pursuant to Section 42001.5 of the CVC for violations of the handicapped parking law set forth in section 22507.8 of the CVC.
3. County – Courthouse Construction Fund and Criminal Justice Facilities Construction Fund . An assessment of $5 shall be added to each paid parking penalty under Section 15.200.010, consisting of $2.50 assessed for the Courthouse Construction Fund pursuant to Sections 76100 and 76219 of the California Government Code and $2.50 assessed for the Criminal Justice Facilities Construction Fund pursuant to Section 76101 of the Government Code.
4. State – Immediate and Critical Needs Facilities Construction and Court Facilities Construction Funds. An assessment pf $4.50 shall be added to each paid parking penalty under Government Code Section 70372(b), consisting of $3.00 assessed for the Immediate and Critical Needs Facilities Construction Fund and $1.50 assessed for the Court Facilities Construction Fund.
5. State – California State Budget Fund. An assessment of $3.00 shall be added to each paid parking penalty based on the passing of Senate Bill 857.
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