Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 10/23/2018 10/23/2018 10/01/2020
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
______________________ ________ _
CP407 – Appeal of Parking Citations 1 CP407 APPEAL OF PARKING CITATIONS
CP407.1 PURPOSE AND SCOPE
The purpose of this procedure is to describe the process for initial and administrative reviews and
appeals of parking citations. The City contracts with a private vendor and processing agency to
process parking citations. The purpose of this procedure is to provide effective oversight of the
vendor and to establish a written procedure to en sure compliance with California Vehicle Code
Section 40200 et seq. for the administrative review and appeal of parking citations.
CP407.1.2 ACCREDITATION STANDARDS
This Procedure pertains to the following CALEA Standards: N/A
This Procedure pertains to the following General Orders: N/A
CP407.2 THE RESPONSIBLE PARTY
For purposes of this procedure, the “responsible party” includes both the registered owner and
the operator, rentee, or lessee of the vehicle. The responsible party receiving a parking c itation
for any violation of any regulation governing parking a vehicle under the California Vehicle Code
or City Municipal Code, or under any federal statute or regulation, shall be jointly liable for parking
penalties imposed, unless the owner can show t hat the vehicle was used without their consent.
An owner who pays any parking penalty, civil judgment, costs, or administrative fees shall have
the right to recover the same from the operator, rentee, or lessee.
The operator of the vehicle who is not the owner but who uses or operates the vehicle with the
express or implied permission of the owner shall be considered the agent of the owner to receive
parking citations and may contest a parking citation.
CP407.2.2 CONTESTING A PARKING CITATION
There are three levels of review and appeal of a parking citation:
Level 1: Initial Review
Level 2: Administrative Hearing
Level 3: Superior Court Appeal
Level 1: Initial Review:
In accordance with California Vehicle Code Section 40215(a), the City, as the iss uing agency,
upon request from the responsible party, must complete an initial review of a parking citation. The
City shall not charge a fee for the initial review.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 10/23/2018 10/23/2018 10/01/2020
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
______________________ ________ _
CP407 – Appeal of Parking Citations 2 The responsible party must request an initial review by the City within 21 calendar days of when
the parking citation is issued, or within 14 calendar days of the mailing of a notice of delinquent
parking citation. The request for an initial review may be made by telephone, in writing via regular
mail or website, or in person. The City and/or es tablished vendor or processing agency may
provide an online link to submit a written request on its website, or a request for the initial review
may be submitted as follows:
By Mail:
City of Tustin
PO Box 2081
Tustin CA 92781 -2081
In Person:
City of Tustin City Hall
300 Centennial Way
Tustin, CA 92780
By Telephone:
(800) 553 -4412
Online:
http://www.tustinca.org/howdoi/pay/parking.asp
When making the request, the responsible party must indicate the reason(s) for requesting an
initial review and include copies of all supporting documents related to the citation, i.e.,
photographs, permit holder information, witness statements, etc. All d ocuments provided should
be copies, as the documents will not be returned following the initial review.
The following reasons will not justify dismissal of a parking citation:
The responsible party has no money to pay the fine or the fine is too high;
The responsible party has never received a parking citation in the past;
The responsible party was unaware of the parking regulations;
The parking violation was brief; and
The responsible party agrees not to commit the parking violation in the future.
If, based on the initial review, the City is satisfied that the parking violation did not occur, that the
registered owner was not responsible for the violation, or that extenuating circumstances make
dismissal of the citation appropriate in the interest of jus tice, the City shall cancel the parking
citation. The City shall advise the processing agency of the cancellation.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 10/23/2018 10/23/2018 10/01/2020
TUSTIN POLICE DEPARTMENT
STANDARD OPERATING PROCEDURES
______________________ ________ _
CP407 – Appeal of Parking Citations 3 If the City instead upholds the parking citation, the results of the initial review must include the
reason(s) the citation was upheld and mu st notify the responsible party of the ability to request an
administrative hearing. The notice must also contain a statement that the responsible party may
request the City waive prepayment of the parking penalty based upon the responsible party’s
inabili ty to pay, as described below.
Level 1: Initial Review – Handicap Placard Citation Only
If a responsible party is issued a parking citation for