§ 10.36.110. Proof of illegal parking in parking meter zones in municipal parking lots.  


Latest version.
  • In any prosecution charging a violation of any regulation governing the standing or parking of a motor vehicle under any provision of this title regulating parking in municipal parking lots, proof by the people of the state of California that the particular vehicle described in the complaint was parking in violation of any such provision of this title, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such motor vehicle is the person who parked or placed such motor vehicle at the point where, and for the point where, and for the time during which, such violation occurred. The above provisions shall apply only when the following conditions are complied with:

    A.

    During the time of such illegal parking a notice thereof shall be securely attached to said vehicle setting forth the fact of such illegal parking including reference to the section of this title so violated, the approximate time thereof and the location where such violation occurred and fixing a time and place for appearance by registered owner in answer to such notice.

    Such notice shall be attached to said vehicle either on the steering post or front door handle thereof, or in any other conspicuous place upon the vehicle as to be easily observed by the person in charge of such vehicle upon his or her return thereto. Said notice may be attached to such vehicle by any police officer who observes a violation of any of the provisions of this title regulating such parking.

    B.

    Before any warrant of arrest shall issue following the filing of a complaint charging the offense of illegal parking in a municipal parking lot, a notice of such illegal parking must be given to the person so charged. Such notice shall contain the information required in subsection A of this section and shall inform such registered owner that unless he or she appears in court also to be designated in said notice within five days after service of such notice and answers said charge, a warrant or citation to appear will be issued against him or her.

    Such notice shall be given either by personal delivery thereof to such owner or by deposit in the United States mail of an envelope with postage prepaid which said envelope shall contain such notice and shall be addressed to such owner at his or her address as shown by the records of the State Department of Motor Vehicles. The giving of notice by personal delivery is complete upon delivery of a copy of said notice to said person. The giving of notice by mail is complete upon the expiration of ten days after said deposit of such notice.

    Proof of giving such notice may be made by the certificate of any traffic or police officer or affidavit of any person over eighteen (18) years of age naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.

(Prior traffic code § 129(c))