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ARTICLE 4: PARKING AND TRAFFIC ENFORCEMENT FUNDS AND FEES
Sec. 4.1. Administrative Fee– Police Department.
Sec. 4.2. Traffic Offender Fund.
Sec. 4.3. Use of Parking Meter and Garage Revenue.
Sec. 4.4. Service Authority Established.
SEC. 4.1. ADMINISTRATIVE FEE– POLICE DEPARTMENT.
(a) A fee to reimburse the City and County for costs incurred in the administration of the procedures for removing vehicles shall be charged by the San Francisco Police Department to the owner of a vehicle removed pursuant to Sections 22651(h), 22651(p), 22655.5 or 22850.5 of the Vehicle Code. Such charges collected for the removal or storage of vehicles shall not be subject to reimbursement under Chapter 10C of the Administrative Code.
(b) The Chief of Police shall propose the fee authorized by Subsection (a). The fee shall not go into effect until approved, by resolution, by the Board of Supervisors, in an amount not to exceed the Police Department's average actual costs for the removal, impoundment, storage, and release of vehicles. The fee imposed pursuant to this Section shall not be taken into account in determining the maximum fee that may be charged by the tow car operator to the owner of a removed vehicle as provided by law, nor shall the administrative fee imposed pursuant to this Section be taken into account in determining whether a fee charged by the tow car operator to the owner of removed vehicle is excessive.
(c) The Chief of Police, with the approval of the Police Commission, is hereby authorized to adopt such rules, regulations and procedures as he or she determines are necessary for the department to impose, collect and administer the fee imposed by this Section.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 4.2. TRAFFIC OFFENDER FUND.
(a) Establishment of Fund. There is hereby established a special fund for the purpose of receiving and expending fees collected for the impoundment of vehicles from the public right of way. Said special fund shall be known and designated as the Traffic Offender Fund.
(b) Expenditure of Monies. The appropriation of all monies in the Traffic Offender Fund ("Fund") shall be made exclusively for the purposes of the Traffic Offender Program. The Traffic Offender Program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, any other technology necessary to prosecute the case, and personnel costs, including salary and benefits for a Deputy District Attorney and a part-time law clerk, specifically provided to the program. The administration of the Fund shall conform to the provisions of the Charter, annual appropriation ordinance, and the procurement procedures as prescribed by the Controller and the Office of Contract Administration.
(c) Accumulation of Monies in Fund. The balance remaining in the Traffic Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in said Fund for the purposes recited herein.
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 4.3. USE OF PARKING METER AND GARAGE REVENUE.
All funds obligated to pay debt service from the Parking Revenue Fund, the Parking Meter Revenue Account, or the Off-Street Parking Fund pursuant to Section 213 of the former San Francisco Traffic Code, shall continue to be used for such purposes pursuant to all approved debt and contractual obligations existing as of January 1, 2008. Any subsequent expenditures from such funds shall be made in accordance with Section 8A.105 of the San Francisco Charter.