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(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)
(a) An Operator of a Public Event Parking Station shall at each vehicle entrance to the Parking Station utilize an Automatic Vehicle Counter to record every Motor Vehicle entering the Parking Station for purposes of parking.
(b) Automatic Vehicle Counters shall display the total number of Motor Vehicles that entered the Parking Station utilizing a non-resettable mechanical or electronic counter.
(c) An Operator of a Public Event Parking Station shall provide a Parking Ticket to each Occupant upon entry to the Parking Station, and the Operator shall instruct the Occupant to place the Parking Ticket on the dashboard of the Motor Vehicle or other conspicuous place in the Motor Vehicle. Every Parking Ticket must display a unique, preprinted sequential identification number, the date of the event, and the address of the Parking Station.
(d) Automatic Vehicle Counters used in a Public Event Parking Station must be capable of issuing a Journal Tape or Log File report or other record of the number of Motor Vehicles that entered the Parking Station at the point where the Automatic Vehicle Counter was located. The Automatic Vehicle Counter must state on the report the date of the activities reported and the time period in which it was in operation.
(e) The Operator of a Public Event Parking Station must reconcile the number of Motor Vehicles registered by Automatic Vehicle Counters with the number of Parking Tickets issued to Occupants for every day that the Parking Station provides public event parking. An Operator must document and explain in writing any discrepancies or differences between the total number of Parking Tickets used and the number of Motor Vehicles counted by the Automatic Vehicle Counters.
(f) The Operator of a Public Event Parking Station must retain the documentation of the number of Parking Tickets used and any written explanation of the difference between the number of Parking Tickets used and the number of Motor Vehicles counted by its Automatic Vehicle Counters for not less than five years from the date of the public event.
(g) Notwithstanding the requirements of Section 2213, a Public Event Parking Station may but is not required to accept Electronic Payment. The Operator must issue a Parking Ticket to each Occupant, notwithstanding the method of payment of Rent. If the Operator of a Public Event Parking Station accepts Electronic Payment, it must comply with the requirements of Section 2213.
(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 Valet Parking Station that charges Rent at a flat rate and does not charge Rent to any Occupant by the hour or the fraction of an hour is not required to comply with Sections 2205(a), 2205(b)(1), 2205(b)(2), 2205(d)(1), 2205(d)(2), 2205(d)(4), and 2205(i), but shall comply with all other provisions of Section 2205. An Operator that provides valet services and charges Rent for Occupancy by the hour or the fraction of an hour is subject to all provisions of Section 2205. The requirements of this Article as to Valets are in addition to and do not alter the requirements set out in Section 853 of this Code, Sections 1216 through 1223 inclusive of Article 17 of the Police Code, or other applicable ordinances. An Operator that provides Attendant Parking is not subject to the exemptions of this Section.
(b) An Operator of a Valet Parking Station must provide a Parking Ticket issued by the RCE to the Occupant at the time the Operator accepts the keys or otherwise assumes control of the Occupant's Motor Vehicle. The Parking Ticket must state the date of entry, the time of entry if Rent is charged by time, and the name and address of the Operator. Each Parking Ticket issued must contain a unique identification number that corresponds and is traceable to a transaction number generated by the RCE.
(d) An Operator of a Valet Parking Station must comply with the requirements of Section 2203. Where an Operator of a Valet Parking Station utilizes an off-street facility (lot or garage) to park Motor Vehicles, the owner or operator of said off-street facility is not required to issue a separate Parking Ticket for said Motor Vehicles. An owner or operator of an off-street parking facility that is used only by an Operator of a Valet Parking Station, and is not otherwise used as a Parking Facility open to the public, is not required to comply with the provisions of Section 2203.
(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)
An Operator shall comply with all applicable provisions of this Article at all times. In particular, Operators shall meet the specific requirements of this Article applicable to different Parking Station operation modes, such as Attended Lot Parking Station, Unattended Parking Station, Flat Rate Parking Station, and Public Event Parking Station, during any time that such Parking Station is being operated in such mode.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
The Enforcing Agency, by exercise of its rulemaking authority under this Article, may issue rules, determinations and interpretations consistent with the purposes of this Article as may be necessary and appropriate to apply or enforce this Article relating to new or emerging technologies applicable to RCE, including but not limited to Electronic Payment and other forms of RCE that record and process a Transaction without use of a Parking Ticket or that utilize other paperless means of recording and processing a Transaction.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
(a) Unless specifically otherwise provided in Section 2204, an Operator must accept payment of Rent through at least one of the following Electronic Payment methods that comply with the requirements of this Section: credit card, bank debit card, prepaid account card, cellular telephone, QR code, or other means of electronic money transfer that meets the requirements of this Section 2213 and is acceptable to the Enforcing Agency.
(b) Where an Operator utilizes Electronic Payment, the Electronic Payment method must create an Electronic Payment Record for every Transaction that assigns a unique identification number to the Transaction and states the location of the Parking Facility, the amount of Rent charged, and the date(s) and Occupancy Period, which information must be transmitted to the Occupant either through a billing statement or receipt. Any method of Electronic Payment must be administered by a third party payment processor that is not affiliated with the Operator of the Parking Station. An Operator 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. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
An Operator may maintain and repair its RCE itself or use Service Agents. An Operator's utilization or reliance upon Service Agents shall not relieve the Operator of its ultimate responsibility for ensuring that RCE is installed in the Parking Station, is functioning correctly, and that said RCE complies with the requirements of this Article during all times that the Parking Station provides parking in exchange for Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)
(a) During any time that RCE is not functioning, the Operator may continue to operate the Parking Station subject to the following conditions:
(1) The Operator and/or the Operator's agent shall not tow any Motor Vehicle that entered the Parking Station during the time that the RCE is unable to issue legible Parking Tickets or legible Receipts and for eight hours after the RCE is restored to full function.
(2) The Operator shall manually record in ink on preprinted sequentially numbered tickets the following information:
(A) Time and date of the entry of the Occupant's Motor Vehicle to the Parking Station;
(B) Time and date of the exit of the Occupant's Motor Vehicle from the Parking Station;
(C) Total amount Operator charged Occupant, including Rent and Parking Tax;
(D) Parking Station address; and
(E) Business telephone and address of Operator or Operator's agent responsible for addressing consumer complaints.
(3) The Operator shall maintain a log written in ink recording the dates and times and reasons that it utilized manual revenue control procedures. The Operator shall maintain said log and all manually issued Parking Tickets for not less than five years after their creation.
(4) The Operator shall issue to every Occupant an individually and sequentially numbered Receipt stating the date, the Occupancy Period, and the amount charged, including Rent and Parking Tax.
(b) The Operator shall use good faith efforts to maintain and repair the RCE so that it operates in conformance with the requirements of this Article. If malfunctioning RCE is not restored to full function within 72 hours of the time that it ceased to operate in conformance with this Article (excluding Sundays and holidays if the Operator uses a service repair company), the Enforcing Agency may determine that the Operator has not made a good faith effort to maintain or repair the RCE and is in willful violation of this Article. A determination that the Operator has not attempted in good faith to maintain RCE or repair malfunctioning RCE may be rebutted by the Operator's presentation of proof, that the Enforcing Agency in its sole and absolute discretion deems to be credible, to establish the Operator's good faith efforts to maintain or repair the RCE.
(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)
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