Loading...
The requirements of this Article shall not apply to any Parking Station:
(a) That does not charge Rent at any time;
(b) That is operated by the City and County of San Francisco and uses Parking Meters;
(c) In which all Rent paid for Occupancy is paid by a resident or a registered guest of a hotel or motel by adding the Rent to the room bill or charge to the resident, or registered guest, as long as the charges for the hotel room and the charges for parking are subject to the Tax on the Transient Occupancy of Hotel Rooms set out in Article 7 of the Business and Tax Regulations Code;
(d) That is located in a residential building or development that provides Monthly Parking as a convenience or additional amenity to its residents. This exemption shall apply only to Rent paid by persons who are residents of the building or development in which the Parking Station is located, and where parking is provided as a convenience or additional amenity to such residents; or
(e) That is operated by a governmental entity other than the City and County of San Francisco or the Parking Authority of the City and County of San Francisco. A Parking Station operated by a person other than a governmental entity is not exempt from the provisions of this Article, even if the Parking Station is located on property owned by a governmental entity.
(a) Unless otherwise specifically exempted in this Article, a Parking Station must utilize functioning RCE that meets the requirements of this Section and all other applicable provisions of this Article whenever the Operator charges Rent for Occupancy.
(b) RCE must record all Transactions either to a Log File or to a Journal Tape, as required by this Article.
(c) An Operator shall utilize RCE that meets the requirements of this Article to track and account for Transactions and to record and account for Rent received and Parking Taxes to be collected and remitted to the Tax Collector.
(d) Neither an Operator nor any of its Affiliates, agents or employees shall have more than a five percent ownership interest or other monetary, equitable, or secured interest in the manufacturer of, vendor of or Service Agent for the RCE used in any Parking Station controlled by said Operator.
(e) In any case in which the Operator has an ownership interest of any kind or any amount in the manufacturer of, vendor of or Service Agent for the RCE used in any Parking Facility under the control of the Operator, the Operator shall not have access to the source code or access to any part of the RCE software, hardware, data storage devices, or other RCE equipment that would allow the Operator to modify or delete RCE Records or other data that is generated or stored in the RCE, including but not limited to Rents charged, monies for Rent collected, Occupancy Periods, and Parking Taxes collected or owed.
(f) All RCE that contains a time clock or recorder must meet or exceed the specifications, tolerances, performance and testing standards for time clocks and time recorders set out in the NIST Book 44, Section 5.55, as it may from time to time be amended. Time clocks, time recorders and other timing devices incorporated or used in RCE must be electronic and must not be capable of recalibration or other adjustment other than setting the current time and date.
(g) Where an Operator is required to accept or voluntarily accepts Electronic Payment, the RCE must: (1) record the time and date of a Motor Vehicle's entry to the Parking Station and the Occupancy Period; (2) assign a unique identification number to the Transaction associated with the method of payment; and (3) record the Rent charged and Parking Tax assessed. Methods of Electronic Payment must be administered by a third party payment processor that is not affiliated with the Operator of the Parking Station. Any Electronic Payment method must create an Electronic Payment Record for every Transaction. A Parking Station that accepts Electronic Payment must post the business telephone and address of the Operator or the Operator's agent responsible for addressing complaints concerning incorrect charges and other issues concerning payment of Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
(a) An Operator of a Small Attended Parking Station shall comply with all applicable provisions of this Article, unless an exemption as specified in this Section 2204 is granted in writing by the Enforcing Agency. The Operator of a Small Attended Parking Station may apply to the Enforcing Agency for exemption from the requirements of Sections 2203, 2205, and 2213, provided that the Operator demonstrates to the satisfaction of the Enforcing Agency that the gross annual revenues of the Parking Station from Rent do not exceed $40,000. An Operator of a Small Attended Parking Station is not required to accept Electronic Payment, but if it does accept Electronic Payment it must comply with the requirements of Section 2213.
(1) Provide to each Occupant a Parking Ticket that has preprinted on it a unique sequential identification number. The Parking Ticket shall either have a stub or a split portion that the Operator shall place on the windshield of the Occupant's Motor Vehicle. The Operator shall not use a Parking Ticket more than once.
(2) Write the Occupant's Motor Vehicle's license plate number on the Parking Ticket in ink.
(3) Stamp the Parking Ticket with the time the Occupant's Motor Vehicle entered the Parking Station and the time it exited the Parking Station, using a mechanical or electronic time-stamp or punch clock device.
(4) Upon an Occupant's payment of Rent, provide to the Occupant a hand-written or machine generated Receipt stating the date and time of the Occupant's Motor Vehicle's entry to and exit from the Parking Station, the Rent charged, the name of the attendant, and the name and address of the Parking Station.
(5) Create a Periodic Report for each day that the Parking Station provides parking in exchange for Rent.
(6) The Operator shall retain all Periodic Reports created pursuant to this Section 2204 and all issued Parking Tickets for not less than five years after their creation.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
Except as specifically exempted or otherwise required by this Article, an Operator of an Attended Parking Station that charges Rent for Occupancy by the hour or the fraction of an hour shall utilize RCE that meets the requirements of this Section 2205.
(a) Except for Attended Parking Station Transactions that utilize Electronic Payment, the Operator must provide a Parking Ticket issued by the RCE to the Occupant at the time the Occupant's Motor Vehicle enters the Parking Station. The Parking Ticket must state the time and date of entry, and the name and address of the Parking Station. Each Parking Ticket issued by the Operator must contain a preprinted, unique, sequential identification number that is not printed by the RCE. This preprinted ticket, once issued, shall directly correspond and be traceable to a unique identification number for the transaction that is generated by the RCE.
(b) The RCE must record the following information to a Journal Tape or Log File in the sequential order in which the events occur:
(1) Time and date of a Motor Vehicle's entry to a Parking Station;
(2) Time and date of a Motor Vehicle's exit from a Parking Station;
(3) Amount of Rent charged;
(4) Value of any discounts to Rent provided;
(5) Amount of Parking Tax collected;
(6) Identity or identification number of the Operator's employee who processed the Transaction or the identification number of the RCE Pay Station that processed the Transaction.
(c) Each Transaction must be identified in the Log File or Journal Tape by a nonresettable, sequential identification number assigned by the RCE.
(d) RCE must be capable of providing a legible Receipt to an Occupant at the time that the Occupant pays Rent. Pay Stations and cashiers must offer the Occupant a Receipt at the time that the Occupant pays Rent. A Receipt must contain the following information:
(1) Time and date of the entry of the Occupant's Motor Vehicle to the Parking Station;
(2) Time and date of the exit of the Occupant's Motor Vehicle from the Parking Station;
(3) Total amount Operator charged Occupant, including Rent and Parking Tax;
(4) Parking Station address; and
(5) Business telephone and address of Operator or Operator's agent responsible for addressing consumer complaints.
(e) Data that is entered to or maintained in a Log File or a Journal Tape must be accessible to the Operator only in a read-only format, so that the Operator, the Operator's employees, and Service Agents cannot delete or alter any of the recorded data. The RCE vendor must disable any RCE data functions that would allow an Operator or its agents or its employees to delete or modify data entered into the RCE.
(f) The Operator shall not alter or attempt to alter the data in a Log File or a Journal Tape.
(g) Every day that the Parking Station is open for business, all information and data received or generated by the RCE that is recorded to a Log File for that day must be replicated or backed-up to a data tape, disk or hard drive or digital data storage medium in a readily accessible read-only format, and said information and data must be maintained in San Francisco by the Operator in that format for not less than five years from the date of its creation.
(h) Each day that the Attended Parking Station is open for business, all information and data received or generated by RCE that is recorded to a Journal Tape for that day must be printed out. The Operator must maintain the printed data in San Francisco for not less than five years from the date of its creation.
(i) Where the Operator of an Attended Parking Station utilizes RCE that includes a computer, a network server, or an Internet-based software or database program, all employees and agents of an Operator, including but not limited to cashiers, attendants, bookkeepers, supervisors and managers, and RCE maintenance personnel, must be individually identified by the RCE, and each Transaction and data entry, including all payments received, Voided Tickets or Cancelled Transactions, and Discount Parking Rent charged, must be attributed to such individual in the Log File. The RCE must also record whenever the RCE software program is altered and by whom.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
(a) The Operator of a Parking Station that only provides parking to Monthly Occupants and never provides any other type or mode of parking is not required to utilize RCE, but shall maintain records of the names and billing addresses of Occupants and the amount of Rent charged, the value of any discounts provided, and the amount of Parking Tax collected from each Occupant. The Operator shall maintain said records in San Francisco for not less than five years from the date of their creation. An Operator of a Parking Station that only provides parking to Monthly Occupants may accept Electronic Payment that meets the requirements of Section 2213.
(b) The Operator must provide each Monthly Occupant with a decal, hangtag or other means of identifying the Occupant's authorization to park in the Parking Station, and the Operator must require that each Occupant utilize the decal or hangtag provided.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
(a) An Operator of an Unattended Parking Station must either (1) use Pay and Display RCE that issues a Parking Ticket to be displayed in the Occupant's Motor Vehicle, or, (2) use RCE that utilizes a method of Electronic Payment acceptable to the Enforcing Agency that records the Occupant's Motor Vehicle's license number, parking space number, or some other means of identifying the Occupant as having paid Rent.
(b) An Unattended Parking Station that uses Electronic Payment must have individually numbered and clearly marked parking spaces. The RCE must be able to record the identification number of the parking space occupied by the Occupant's vehicle to track period of Occupancy and confirm Payment of Rent.
(c) Pay and Display RCE must upon the payment of Rent issue a Parking Ticket or Receipt to the Occupant that states the time and date issued, the amount of Rent prepaid, and the Occupancy Period. The Parking Ticket or Receipt must contain a statement instructing the Occupant to display it on the dashboard of his or her vehicle, and must warn the Occupant that his or her vehicle may be towed for failing to display the Parking Ticket or Receipt as required.
(d) The Operator of an Unattended Parking Facility shall post a sign, which is at least 10 inches by 15 inches in size, and in type at least one inch high and 3/4 inches wide, at every location where the Occupant pays Rent or in a at least two places that are otherwise conspicuous and obvious to any Occupant, instructing the Occupant how to pay Rent and warning the Occupant that his or her Motor Vehicle may be towed for failure to display the Parking Ticket as instructed and/or failure to pay Rent.
(e) Pay and Display RCE must upon the payment of Rent issue a Parking Ticket or Receipt to the Occupant that states the time and date issued, the amount of Rent prepaid, and the Occupant Occupancy Period. The Parking Ticket or Receipt must contain a statement instructing the Occupant to display the Parking Ticket or Receipt on the dashboard of his or her Motor Vehicle, and must warn the Occupant that his or her Motor Vehicle may be towed for failing to display the Parking Ticket or Receipt as required.
(f) Where an Operator has met the requirements of this Section 2208, and the Occupant fails to pay Rent or fails to display the Parking Ticket as instructed, the Operator may in its discretion tow the Motor Vehicle in accordance with California Vehicle Code Sections 22658, 22952, 55953 or other applicable law or charge additional Rent. Such additional rent must be clearly stated in the rate posting signage required by Section 2220(b) of this Article.
(g) The Enforcing Agency may issue such rules and regulations as are required to provide for the remote payment of Rent at Unattended Parking Stations through the use of telephones, cellular telephones, smart cards, debit cards or other electronic devices, consistent with the purposes and provisions of this Article.
(h) An Operator of an Unattended Parking Station shall not tow or charge additional Rent to any Motor Vehicle that entered the Unattended Parking Station while the RCE was not fully operational and for a period of eight hours after the RCE is restored to full function.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
Loading...