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Parking Enforcement Ordinance of 2023

Posted: Thu Mar 21, 2024 6:34 pm
by Victor Chase
Parking Enforcement Ordinance of 2023

LOS SANTOS GOVERNMENT
MAYOR VICTOR CHASE

IN EFFECT FROM 23RD MAR 2024
Updated on: 14th NOV 2024
Updated by: Mayor Interim, Emma Nilsen

CHAPTER ONE: FOREWORD
§ 101 - Definitions

Parking Enforcement Agency: The Los Santos Traffic Services (LSTS) Department.
Parking Enforcement Officer: An individual employed by the Parking Enforcement Agency with authority to enforce this ordinance.
Peace Officer: Any sworn law enforcement officer authorized to enforce local, state, or federal laws.
Residential: Any public or private area primarily serving as housing or accommodation for the general public.
Commercial: Any public or private area primarily serving businesses or companies.
Parking: Stopping and leaving a vehicle unattended for any period of time.
Vehicle: Any motorized transportation device requiring registration under state law.
Motorcycle: A two-wheeled motorized vehicle.
Bicycle: A pedal-powered vehicle.
Fire Lane: Any curb marked with red-colored paint and/or signs reading "Fire Lane."
Maximum Timed Zone: A parking area with posted time restrictions.
Half-on-Half-off Parking: Parking a vehicle with two wheels on the curb and two wheels on the street.
Pay-to-Park Zone: Any area requiring payment for parking, indicated by meters, pay stations, or signage.


§ 102 - Scope and Constitutional Compliance
This ordinance is a legally binding civil code that operates independently of the Los Santos Penal Code, which remains the primary authority for criminal matters.

Jurisdiction: This ordinance applies to all public roads and publicly accessible private parking areas within Los Santos city limits.

Constitutional Protections:


Due Process: Rights for citations and enforcement actions.
Equal Protection: Regardless of race, color, religion, sex, national origin, or other protected status.
Search and Seizure: Protection against unreasonable search and seizure.
Right to Contest: Right to contest any citation or enforcement action.
Right to Fair Hearing: Right to a fair and impartial hearing.
Private Property: Private property owners may opt in for enforcement under this ordinance by written agreement with the Parking Enforcement Agency.


Violation Classification: Violations are treated as civil infractions unless otherwise stated in the Los Santos Penal Code.


§ 103 - Constitutional Safeguards
Enforcement actions must comply with the following protections:

Notice Requirements:
Clear posting of parking restrictions.
Written notice of violations.
Clear instructions on appeal rights.
Adequate time to respond to citations.


Property Protection:
No towing without documented cause.
Reasonable opportunity to cure violations when public safety allows.
Secure storage of towed vehicles.
Clear process for vehicle recovery.


Due Process:
Right to contest citations or tows.
Right to present evidence.
Right to an impartial hearing.
Right to appeal adverse decisions.


Search and Seizure:
No vehicle entry without warrant or exigent circumstances.
Documentation of probable cause for enforcement actions.
Restricted to visible violations from public vantage points.
Body camera requirements for all enforcement actions.


§ 104 - Authority
The Los Santos Traffic Services Department (LSTS) is authorized to:

Issue citations, penalties, and fines for violations.
Immobilize vehicles using wheel clamps or similar devices.
Order the towing and impoundment of vehicles.
Collect and process payments for citations and penalties.
Enter into agreements with private property owners for enforcement.
Designate and train Parking Enforcement Officers.
Establish procedures for implementing this ordinance.


CHAPTER TWO: PARKING REGULATIONS

§ 201 - Prohibited Parking (Major Offenses)
Vehicles are prohibited from parking in the following locations and will be subject to immediate towing:

Within or within 5 feet of any intersection or crosswalk [PCT001.1].
On private property without authorization [PCT001.2].
Abandoned on any roadway [PCT001.3].
With three or more wheels on the sidewalk [PCT001.4].
Within ten feet of a bus stop [PCT001.5].
In marked no-parking zones [PCT001.6].
In tunnels, on bridges, or highways [PCT001.7].
Blocking emergency services, exits, or fire lanes [PCT001.8].


§ 202 - Citation Violations (Medium Offenses)
The following violations will result in citations with specified penalties:

Expired parking slip in pay-to-park zone: $250 [VC002.1].
Parking against the flow of traffic: $500 [VC002.2].
Snow-route violations during plowing operations: $500 + Impound [VC002.3].
Parking outside marked spaces: $250 [VC002.4].
Parking in construction/maintenance zones: $500 + Impound [VC002.5].
Parking without required special permits: $250 + Impound [VC002.6].
Handicapped zone violations: $500 [VC002.7].
Within 15 feet of a fire hydrant: $250 - $750 [VC002.8].
In pay-to-park lots without payment: $500 [VC002.9].
Exceeding time limits in maximum timed zones: $500 [VC002.10].
Note: Fire hydrant violation fines increase by $250 for each repeat offense by the same registered owner, with a maximum of $750.


§ 203 - Residential Zone Parking
Vehicles must park:

Parallel to and within 6 inches of the curb, OR
In half-on-half-off position, provided that:
A minimum of 5 feet of clear sidewalk space remains.
No obstruction of driveways, walkways, or accessibility features.
Only two wheels on the sidewalk.
Motorcycles and Bicycles:
Must park on the street unless designated parking is provided.
Maintain a 5-foot minimum sidewalk clearance if sidewalk parking is allowed.
Must not obstruct pedestrian traffic.


§ 204 - Commercial Zone Parking
Vehicles must park:

In marked parking spaces where provided.
Parallel to and within 6 inches of the curb where no marked spaces exist.
In half-on-half-off position, subject to the same requirements as residential zones.


§ 205 - Pay-to-Park Zones
Operating Hours: Payment is required from 8:00 AM to 8:00 PM, Monday through Saturday.
Maximum Stay: 2 hours, unless otherwise posted.
Grace Period: 15-minute grace period after expiration.
Payment: A valid payment slip must be clearly visible on the dashboard.


Violations:
Expired payment: $250 [VC002.1].
No payment displayed: $500 [VC002.9].
Exceeding time limit: $50 per hour over the limit, maximum $300.


§ 206 - Enforcement Authority
Parking Enforcement Officers may:


Issue citations.
Authorize towing.
Place wheel clamps.
Collect payments.
Peace Officers may:

Report violations to Parking Enforcement.
Issue citations for hazardous violations.
Authorize emergency towing.



Citations must include:
Violation code.
Fine amount.
Payment instructions.
Appeal procedures.
Officer identification number.
Photographic evidence (where applicable).


§ 207 - Peace Officers & Parking Enforcement
Peace Officers belonging to any agency do not have any explicit authority to enforce parking regulations, as this is the responsibility of the parking enforcement regulator. 
Peace Officers may, however, contact the parking enforcement regulator if they find that the vehicle in question has breached these regulations and it is then up to the parking regulator to enforce the regulations.
Employees of the parking enforcement agency are considered "parking officers" but do not have law enforcement authority, so there is no power of arrest. 


CHAPTER THREE: EXEMPTIONS AND PUNISHMENT
§ 301 - Exemptions
The following vehicles are exempt from time limits and meter payments:

- Marked emergency vehicles responding to calls.
- Marked utility vehicles performing repairs.
- Government vehicles with official placards on official business.

Exemption does not apply when:

- Creating a traffic hazard.
- Blocking emergency access.
- Obstructing marked crosswalks.
- Violating handicap parking restrictions.
§ 302 - Emergency Exception
Private vehicles may temporarily violate parking restrictions in genuine emergencies if:

Hazard lights are activated.
Driver notifies Parking Enforcement within 1 hour.
Vehicle is moved as soon as the emergency ends.


Valid emergencies include:
Immediate medical necessity.
Vehicle mechanical failure.
Natural disasters.
Immediate risk to life or property.


§ 303 - Appeals
The right to appeal is guaranteed for all enforcement actions under this ordinance.

Initial Appeal Requirements:
Must be filed within 14 days of citation.
Must include citation number.
Must include vehicle information.
Must include basis for appeal.
Must include supporting evidence.


Appeal Process Rights:
Right to in-person or written appeal.
Right to present evidence and witnesses.
Right to review evidence against you.
Right to representation at own expense.
Right to a written decision within 30 days.
Right to appeal to Municipal Court within 14 days of denial.
Right to language assistance if needed.
No Adverse Action: No penalties or late fees shall be applied during the appeal process.


§ 304 - Fee Considerations
Demonstrated financial hardship may be considered for:

Payment plans.
Fee reductions.
Community service alternatives.
Deadline extensions.