19 Desk Item.Item #19 - Administrative Fine and Penalty Schedule
PREPARED BY: Gabrielle Whelan
Town Attorney
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024 ITEM NO: 19 DESK ITEM
DATE: June 4, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Approving the Administrative Fine and Penalty Schedule
for Fiscal Year 2024/25 to Continue, Amend, and Add Certain Department
Administrative Fines and Penalties for Fiscal Year 2024/25.
REMARKS:
A Councilmember has asked whether recently-amended California Vehicle Code Section 21955
(prohibiting criminal citations for jaywalking) means that the Town should remove jaywalking
violations from its fine schedule. California Vehicle Code Section 21955 decriminalizes
jaywalking where no hazard is created for other drivers or pedestrians.
California Vehicle Code Section 21100 authorizes local authorities such as the Town to adopt
rules and regulations by ordinance or resolution regarding a variety of traffic-related
matters. However, Section 21100(n) provides that local authorities are not authorized to enact
ordinances or resolutions establishing a violation if a violation for the same or similar conduct is
provided in the Vehicle Code. Because Section 21955 addresses jaywalking, it is my opinion
that the Town is precluded from adopting duplicative regulations. In other words, Vehicle Code
Section 21955 does preempt Town Code Sections 15.50.015 (requiring that pedestrians cross in
the crosswalk) and 15.50.020 (requiring that pedestrians cross the street at right angles).
As a result, those Town Code sections will be recommended for repeal at a future Town Council
meeting.
For tonight’s meeting, I recommend that Town Code Sections 15.50.015 and 15.50.020 be
removed from the schedule of fines. If the Town Council agrees with that recommendation, the
motion can be to adopt the proposed fine schedule with the removal of Town Code Sections
15.50.015 and 15.50.020.
PAGE 2 OF 2 SUBJECT: Administrative Penalty Schedule for Fiscal Year 2024/25 DATE: June 4, 2024
Attachments Previously Received with the Staff Report:
1. Resolution approving Administrative Fine and Penalty Schedule FY 2024-25, including
Exhibit A Proposed FY 2024/25 Administrative Fine and Penalty Schedule (Redline)
2. Proposed FY 2024/25 Administrative Fine and Penalty Adjustment, Reclassification, and
Deletions