ORDINANCE NO. 2059
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TO REPEAL CHAPTER 5.74 BAIL SCHEDULE FOR
VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE
WHEREAS, in 1975 the San Rafael City Council adopted Ordinance No. 1199 added Chapter 5.74 to the San Rafael Municipal Code in 1975 to set the bail schedule for parking violations; and
WHEREAS, in 1992, the State of California passed AB402, which provides that parking violations were no longer to be treated as infractions within the criminal justice system but were to be treated as civil offenses subject to civil penalties and administrative enforcement, rendering Ordinance No. 1199 unenforceable; and WHEREAS, sections 32 and 40203.5 of the California Vehicle Code allows a local authority to set those civil penalties for parking violations via resolution; and WHEREAS, most recently, the City Council adopted Resolution No. 15180 establishing the current civil penalty amount for parking violations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Repeal of Chapter 5.74 – Bail Schedule for Violation, of the San Rafael Municipal Code
Chapter 5.74 – Bail Schedule for Violation, of the San Rafael Municipal Code is hereby repealed and deleted in its entirety.
DIVISION 2. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid.
DIVISION 3. CEQA Determination.
The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15378(b)(5), this is a personnel-related action that constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
DIVISION 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage.
If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of February 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of March 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2059
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TO REPEAL CHAPTER 5.74 BAIL
SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2059, which will repeal section 5.74 of the San Rafael Municipal Code. Ordinance No. 2059 is scheduled for adoption by the San Rafael City Council at its regular meeting of March 2, 2026. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would repeal section 5.74 of the San Rafael Municipal Code, which set bail schedule for certain vehicle code violations, that is now superseded by state law. The repeal updates the San Rafael Municipal Code to reflect current state requirements and the City’s adopted master fee schedule.
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at [email protected] or (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 9:00 a.m. to 4:00 p.m.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: February 18, 2026