40202
. (a) If a vehicle is unattended during the time of the
violation, the peace officer or person authorized to enforce parking
laws and regulations shall securely attach to the vehicle a notice of
parking violation setting forth the violation, including reference
to the section of this code or of the Public Resources Code, the
local ordinance, or the federal statute or regulation so violated;
the date; the approximate time thereof; the location where the
violation occurred; a statement printed on the notice indicating that
the date of payment is required to be made not later than 21
calendar days from the date of citation issuance; and the procedure
for the registered owner, lessee, or rentee to deposit the parking
penalty or, pursuant to Section 40215, contest the citation. The
notice of parking violation shall also set forth the vehicle license
number and registration expiration date if they are visible, the last
four digits of the vehicle identification number, if that number is
readable through the windshield, the color of the vehicle, and, if
possible, the make of the vehicle. The notice of parking violation,
or copy thereof, shall be considered a record kept in the ordinary
course of business of the issuing agency and the processing agency
and shall be prima facie evidence of the facts contained therein.
(b) The notice of parking violation shall be served by attaching
it to the vehicle either under the windshield wiper or in another
conspicuous place upon the vehicle so as to be easily observed by the
person in charge of the vehicle upon the return of that person.
(c) Once the issuing officer has prepared the notice of parking
violation and has attached it to the vehicle as provided in
subdivisions (a) and (b), the officer shall file the notice with the
processing agency. Any person, including the issuing officer and any
member of the officer's department or agency, or any peace officer
who alters, conceals, modifies, nullifies, or destroys, or causes to
be altered, concealed, modified, nullified, or destroyed the face of
the remaining original or any copy of a citation that was retained by
the officer, for any reason, before it is filed with the processing
agency or with a person authorized to receive the deposit of the
parking penalty, is guilty of a misdemeanor.
(d) If, during the issuance of a notice of parking violation,
without regard to whether the vehicle was initially attended or
unattended, the vehicle is driven away prior to attaching the notice
to the vehicle, the issuing officer shall file the notice with the
processing agency. The processing agency shall mail, within 15
calendar days of issuance of the notice of parking violation, a copy
of the notice of parking violation or transmit an electronic
facsimile of the notice to the registered owner.
(e) If, within 21 days after the notice of parking violation is
attached to the vehicle, the issuing officer or the issuing agency
determines that, in the interest of justice, the notice of parking
violation should be canceled, the issuing agency, pursuant to
subdivision (a) of Section 40215, shall cancel the notice of parking
violation or, if the issuing agency has contracted with a processing
agency, shall notify the processing agency to cancel the notice of
parking violation pursuant to subdivision (a) of Section 40215. The
reason for the cancellation shall be set forth in writing.
If, after a copy of the notice of parking violation is attached to
the vehicle, the issuing officer determines that there is incorrect
data on the notice, including, but not limited to, the date or time,
the issuing officer may indicate in writing, on a form attached to
the original notice, the necessary correction to allow for the timely
entry of the notice on the processing agency's data system. A copy
of the correction shall be mailed to the registered owner of the
vehicle.
(f) Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
cancellation.