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BREAKOUT SESSION 1 Parking 1

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BREAKOUT SESSION 1. Parking. Discussion Topics. Parking violations – 1993 revision of parking infractions to admin. offenses Vehicle Code section 463 - definition of park or parking Uniform Bail and Penalty Schedule Page xii regarding Parking Violations Parking violation infractions - PowerPoint PPT Presentation

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Page 1: BREAKOUT SESSION 1

BREAKOUT SESSION 1

Parking

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Discussion Topics1. Parking violations – 1993 revision of parking infractions to admin. offenses2. Vehicle Code section 463 - definition of park or parking3. Uniform Bail and Penalty Schedule

• Page xii regarding Parking Violations4. Parking violation infractions

• Certain statute sections cite parking violations as infractions• $3 penalty assessment imposed (UB&PS footnotes 41-43 on pages 71 and

72) under GC section 76000.3 5. Equipment Violations on Parking Citations - VC section 40225(a) – (c) and

VC 40303.56. Appendix C and some applicable statutory sections 7. Distribution spreadsheets:

a. Regular parking citation (San Francisco example)b. Parking Infraction – Parking in Bus Loading Areac. Parking Infraction – Equipment Violation

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Parking Violations – Administrative Offenses

• Assembly Bill 408 (stats. 1992, ch. 1244), effective January 1, 1993, revised and recast the procedures for processing and adjudicating parking law violations as administrative offenses subject to a civil penalty.

• The bill required courts to transfer the processing of parking offenses to issuing agencies not later than January 1, 1994.

• Consequently, parking violations that cannot be cited as infractions have been removed from the Uniform Bail and Penalty Schedules.

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Parking Defined – VC 463

• VC 463 defines “park or parking” as:“the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in the loading or unloading of merchandise or passengers.”

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Uniform Bail and Penalty Schedule (UB&PS)

• Traffic Infraction Fixed Penalty Schedule (TIFPS) of the UB&PS includes Vehicle Code sections that may be cited for a stopping violation on a notice to appear that is signed by the driver.

See page xii of the UB&PS regarding Parking Violations.

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Parking Violation InfractionsVC 76000.3

• Under Government Code section 76000.3, a $3 penalty assessment is imposed on every fine for a parking infraction violation committed on or after January 1, 2011:

76000.3 (a) Notwithstanding any other law, for each parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of three dollars ($3) shall be imposed in addition to the penalty, fine, or forfeiture set by the city, district, or other issuing agency.

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VC 76000.3(b)(b) For each infraction parking violation for which a penalty or

fine is collected in the courts of the county, the county treasurer shall transmit the penalty imposed pursuant to subdivision (a) to the Treasurer for deposit in the Trial Court Trust Fund established by Section 68085. These moneys shall be taken from the penalties, fines, and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule amounts as appropriate for infraction parking violations to reflect the added penalty provided for by subdivision (a).

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Vehicle Code Section 76000.3(c)

c) In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall collect the added penalty imposed by this section. Each agency that elects to process parking violations shall pay to the Treasurer for deposit in the Trial Court Trust Fund three dollars ($3) for each civil parking penalty collected on each violation. Those payments to the Treasurer shall be made monthly.

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Parking Infraction Violation Examples

Under VC section 42001.13, a violation of disabled parking provisions in Vehicle Code section 22507.8 may be cited as an infraction on a notice to appear.

42001.13 (a) A person who commits a violation of Section 22507.8 is subject to either a civil notice of parking violation pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or a criminal notice to appear. (b) If a notice to appear is issued and upon conviction of an infraction for a violation of

Section 22507.8, a person shall be punished as follows: (1) A fine of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) for the first offense. (2) A fine of not less than five hundred dollars ($500) and not more than seven hundred fifty dollars ($750) for the second offense. (3) A fine of not less than seven hundred fifty dollars ($750) and not more than one thousand dollars ($1,000) for three or more offenses.

(c) The court may suspend the imposition of the fine if the person convicted possessed at the time of the offense, but failed to display, a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. (d) A fine imposed under this section may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

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Parking Infraction Violation Examples

• Under VC section 42001.5, a violation of Vehicle Code sections 22500(i), 22500(l), and 22522 may be cited as an infraction on a notice to appear.

42001.5 (a) A person convicted of an infraction for a violation of subdivision (i) or (l) of Section 22500, or of Section 22522, shall be punished by a fine of not less than two hundred fifty dollars ($250). (b) No part of any fine imposed under this section may be suspended, except the court may suspend that portion of the fine above one hundred dollars ($100). (c) A fine imposed under this section may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

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Equipment Violations on Parking Citations

Under VC 40225(a), equipment violations entered on a notice of parking violation are subject to a civil penalty established according to VC 40225(c).

VC 40225. (a) An equipment violation entered on the notice of parking violation attached to the vehicle under Section 40203 shall be processed in accordance with this article. All of the violations entered on the notice of parking violation shall be noticed in the notice of delinquent parking violation delivered pursuant to Section 40206, together with the amount of civil penalty.

(b) Whether or not a vehicle is in violation of any regulation governing the standing or parking of a vehicle but is in violation of subdivision (a) of Section 5204, a person authorized to enforce parking laws and regulations shall issue a written notice of parking violation, setting forth the alleged violation. The violation shall be processed pursuant to this section.

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VC 40225(c)• The civil penalty for each equipment violation,

including failure to properly display a license plate, is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council,• except that upon proof of the correction to the

processing agency, the penalty shall be reduced to ten dollars ($10).

• Applicable examples: VC 5200, VC 5201, VC 5204, and VC 5206.

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VC 40225(c)“Compliance Fee” of $10

• The reduction provided for in this subdivision involving failure to properly display license plates shall only apply if, at the time of the violation, valid license plates were issued for that vehicle in accordance with this code.

• The civil penalty for each equipment violation is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars ($10).

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VC 40225(d)(d) Fifty percent of any penalty collected pursuant to this section for registration or equipment violations by a processing agency shall be paid to the county for remittance to the State Treasurer and the remaining 50 percent shall be retained by the issuing agency and processing agency subject to the terms of the contract described in Section 40200.5.

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Offenses Eligible for Correction

• VC 40303.5: Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist . . .

Refer to page xi of the UB&PS.

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Parking Violations Statutes and Appendix

CGC 76000 (b), (c), and (d)• An additional penalty of $2.50 for every parking penalty, fine,

or forfeiture imposed. Appendix C, pg. 51

(b) In each authorized county, provided that the board of supervisors has adopted a resolution stating that the implementation of this subdivision is necessary to the county for the purposes authorized, with respect to each authorized fund established pursuant to Section 76100 or 76101, for every parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of two dollars and fifty cents ($2.50) shall be included in the total penalty, fine, or forfeiture. Except as provided in subdivision (c), for each parking case collected in the courts of the county, the county treasurer shall place in each authorized fund two dollars and fifty cents ($2.50).

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Gov Code 76000(c) and (d)

(c) The county treasurer shall deposit one dollar ($1) of every two dollars and fifty cents ($2.50) collected pursuant to subdivision (b) into the general fund of the county.

(d) The authority to impose the two-dollar-and-fifty-cent ($2.50) penalty authorized by subdivision (b) shall be reduced to one dollar ($1) as of the date of transfer of responsibility for facilities from the county to the Judicial Council pursuant to Article 3 (commencing with Section 70321) of Chapter 5.1, except as money is needed to pay for construction provided for in Section 76100 and undertaken prior to the transfer of responsibility for facilities from the county to the Judicial Council.

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Parking Violations Statutes and Appendix

C• GC 70372(b) imposes an additional

assessment of $4.50 on each parking penalty, fine, or forfeiture (violation infraction conviction):• State Court Construction Penalty, Appendix C,

pg. C-47• 100% distribution to State (2/3 to ICNA and

1/3 to State Court Facilities Construction Fund)

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Parking Violations Statutes and Appendix C

• GC 76000.3 imposes a $3 penalty on every fine imposed for a parking infraction violation committed on or after January 1, 2011:• Trial Court Trust Fund Parking Penalty, Appendix C,

pg. C-51• Distribution to the State Trial Court Trust fund

established by GC 68085• Effective until July 1, 2013

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Parking Violations Statutes and Appendix

C• GC 70373 requires a criminal conviction

assessment of $35:

• Criminal Conviction Assessment, Appendix C, pg. C-47

• 100% distribution to State (ICNA fund GC 70371.5)

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Distribution Spreadsheets

Disclaimer: All spreadsheets have been updated to reflect what we believe are the statutes in effect as of TODAY. Thus, they are subject to change based on laws that are effective subsequent to today’s training. When using the spreadsheets, be sure the fines, penalties, and fees reflect the statutes in effect for the period being reviewed.

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Parking ViolationsExample 1

Notice of Parking Citation -- City and County of San FranciscoLocal Traffi c Code Violation -- TC 202.1 Parking Meter/Downtown $72.00

Assumptions:1 Under GC 76000 (b), the County Board of Supervisors has by resolution established the following two funds:

a. GC 76100 - Courthouse Construction Fundb. GC 76101 - Criminal Justice Construction Fund

2 Assessment of a $3 penalty as the citation is a fine imposed for a parking infraction violation committed on or after January 1, 2011.The citation here is not a parking infraction violation.

3 No late fee under VC Section 40203.5 and SF Transportation Code Section 301.

RECEIPIENTBOS Req

San Francisco TC 202.1 Parking Meter/Downtown 72.00$

Specific Distributions2 Gov. Code section 70372(b) State 4.50$

State Court Facilities Construction Fund 1/3 1.50

Immediate and Critical Needs GC 70371.5 2/3 3.00 3 Gov. Code section 76000 (b) 76000 (d) County Courthouse Construction Fund GC 76100 BOS 1.50$ 100% 1.50

76000 (b) County Criminal Justice Construction Fund GC 76101 BOS 1.50$ 100% 1.50 4 Gov. Code section 76000 (c) County County General Fund $1 / $2.50 2.00

Total Specific Distributions 9.50

Amount to distribution to 'city' of the residual amount 62.50$ Distribution by Entity

City 62.50$ County 5.00 State 4.50

72.00$ NOTES:

1 BOS = Board of Supervisors of the County2 GC section 76000(d) amount is reduced to $1 as of the date of transfer of responsibility for facilities from the county to the Judicial Council

pursuant to Article 3 (commencing with Section 70321 of Chapter 5.1, except as money is needed to pay for construction provided for in Section 76100 and undertaken prior to the transfer of responsibility for facilities from the county to the Judicial Council.

3 GC Section76000 (c) is the deposit of $1 of every $2.50 collected pursuant to subdivision (b) of 76000. 4 On each PARKING VIOLATION INFRACTION, a $3 penalty is added. The above example is not an infraction.

Gov. Code section 76000.3 State State Trial Court Trust Fund GC 68085 3.00$ 100% Notwithstanding any other law, for each parking offense where a parking penalty, fi ne, or forfeiture is imposed, an added penaltyof three dollars ($3) shall be imposed in addition to the penalty, fi ne, or forfeiture set by the city, district, or other issuing agency.

5 Gov. Code section allow for a criminal conviction assessment of $35 for each infraction conviction and $30 for each felony or misdemeanor conviction.

DISTRIBUTION REQUIREMENTS

APPLICABLE FUND Ticket AMOUNT

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As of: 3/5/2013

250

250

0

0

2% Per 10

DISTRIBENTITY

FINAL(After 2%)

DISTRIB AMT

VARIANCEOver/

(Under)

A B BASE-UP (B-A)

Y COUNTY 0.00 0.00 0.00 0.00 Y CITY 250.00 5.00 245.00 (245.00)Y 7 STATE 175.00 3.50 171.50 (171.50)Y 3 COUNTY 75.00 1.50 73.50 (73.50)Y 1 COUNTY 25.00 0.50 24.50 (24.50)Y 4 STATE 100.00 2.00 98.00 (98.00)Y 2.00 COUNTY 50.00 1.00 49.00 (49.00)Y 2.00 COUNTY 50.00 1.00 49.00 (49.00)Y 1.00 COUNTY 25.00 0.50 24.50 (24.50)Y 1.00 COUNTY 25.00 0.50 24.50 (24.50)Y 1.00 COUNTY 25.00 0.50 24.50 (24.50)Y 2.00 COUNTY 50.00 1.00 49.00 (49.00)Y STATE 4.00 0.08 3.92 (3.92)Y 3.00 STATE 75.00 1.50 73.50 (73.50)Y 2.00 STATE 50.00 1.00 49.00 (49.00)N STATE 50.00 0.00 50.00 (50.00)

1029.00 1009.42 0.00 (1009.42)N STATE 40.00 0.00 40.00 (40.00)N STATE 35.00 0.00 35.00 (35.00)N COURT 0.00 0.00 0.00 N COURT 0.00 0.00 0.00

Y STATE 3.00 0.06 2.94 (2.94)N STATE 1.00 0.00 1.00 (1.00)N STATE 19.64 (19.64)

19.64TOTAL FINE 1108.00 1108.00 TOTAL 0.00 (1108.00)

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VC 76000.3 - Parking Infraction Violation Assmnt ($3)VC 42006 - Night Court Assmnt ($1)GC 68090.8 - 2% State Automation (for fines, penalties & forfeitures

FINDINGS

PC 1465.8 - Court Ops Assmnt ($40 eff 10-19-10)GC 70373 - Crim Conv Assmnt ($30 for misd/$35 for infr)VC 40508.6 - Priors/DMV Admin Fee (up to $10)PC 1205(e) - Install Fee OR AR Fee (BOS: Actual Costs OR up to $30)

GC 70372(a) - ICNA (equal to LCCF)PC 1465.7 - 20% Surcharge

SUBTOTAL

GC 76000.5 - EMS Addl PA (BOS: 2/10)GC 76000.10(c) - EMAT Penalty ($4 eff 1-1-11)GC 70372(a) - SCFCF (5/10 minus LCCF) GC 70372(a) total

is $5 for every 10

GC 76100 - LCCF

GC 76000 PA ($7 for every 10) breakdown per local board of supervisor resolution (BOS).

GC 76101 - LCJFGC 76104 - EMSGC 76104.5 - DNA IDGC 76102 - Auto Fingerprint

PC 1464 - County PA (3/10)GC 76104.6 - DNA PA (1/10)GC 76104.7 - DNA Addl PA (4/10 eff 6-27-12; prev 3/10)

PC 1463.001 - Base CountyPC 1463.002 - Base CityPC 1464 - State PA (7/10)

COMMENTSDISTRIBUTION Standard-Per UBS

2% Amt

DISTRIB CODE or DESCRIPTION

FIN

DIN

GS

Portion of 10 25 Disposition 7. Tickmark any FINDINGS numerically then detail below

STANDARD BASE-UP COURT DISTRIBUTION

TOTAL Enhanced Base $250.00 Violation Type Enhanced BASE 6. Enter Court's distribution codes & amts

5. If case's total fine is NOT standard, enter total fine and select TOP-DOWN from drop-down listCity % 100% Violation Description Priors

Arresting Agency Disposition Bail Forfeiture 4. Enter standard and Court-specific feesCounty % 0% COUNT 2 (if any) BASE FINE

Disposition Date 1/20/2013 Violation Type Traffic Infraction Enhanced BASE 3. Enter the Court's GC 76000 PA per 10 amtsViolation Date 1/15/2013 Violation Description Parking in Bus Loading Area Priors 2. Enter the base fine of violation per currrent UBS

20- Parking Infraction RDTR-0313-PKINF001CASE INFORMATION TEST STEPS (color codes):

Case Number RDTR-0313-PKINF001 COUNT 1 VC 22500(l) BASE FINE 1. Enter Case Information

To ISSUE SUMMARY

N

Y - Def

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As of: 3/5/2013

25

25

0

0

2% Per 10

DISTRIBENTITY

FINAL(After 2%)

DISTRIB AMT

VARIANCEOver/

(Under)

A B BASE-UP (B-A)

Y COUNTY 0.00 0.00 0.00 0.00 Y CITY 25.00 0.50 24.50 (24.50)Y 7 STATE 21.00 0.42 20.58 (20.58)Y 3 COUNTY 9.00 0.18 8.82 (8.82)Y 1 COUNTY 3.00 0.06 2.94 (2.94)Y 4 STATE 12.00 0.24 11.76 (11.76)Y 2.00 COUNTY 6.00 0.12 5.88 (5.88)Y 2.00 COUNTY 6.00 0.12 5.88 (5.88)Y 1.00 COUNTY 3.00 0.06 2.94 (2.94)Y 1.00 COUNTY 3.00 0.06 2.94 (2.94)Y 1.00 COUNTY 3.00 0.06 2.94 (2.94)Y 2.00 COUNTY 6.00 0.12 5.88 (5.88)Y STATE 4.00 0.08 3.92 (3.92)Y 3.00 STATE 9.00 0.18 8.82 (8.82)Y 2.00 STATE 6.00 0.12 5.88 (5.88)N STATE 5.00 0.00 5.00 (5.00)

121.00 118.68 0.00 (118.68)N STATE 40.00 0.00 40.00 (40.00)N STATE 35.00 0.00 35.00 (35.00)N COURT 0.00 0.00 0.00 N COURT 0.00 0.00 0.00

N STATE 1.00 0.00 1.00 (1.00)N STATE 2.32 (2.32)

2.32TOTAL FINE 197.00 197.00 TOTAL 0.00 (197.00)

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21- Traffic Infraction Equipment Violation RDTR-0313-TRINFEQ001CASE INFORMATION TEST STEPS (color codes):

Case Number RDTR-0313-TRINFEQ001 COUNT 1 VC 24400 (a) BASE FINE 1. Enter Case Information

Disposition Date 1/20/2013 Violation Type Traffic Infraction Enhanced BASE 3. Enter the Court's GC 76000 PA per 10 amtsViolation Date 1/15/2013 Violation Description Headlamp Equipmnt Reqmnt Priors 2. Enter the base fine of violation per currrent UBS

5. If case's total fine is NOT standard, enter total fine and select TOP-DOWN from drop-down listCity % 100% Violation Description Priors

Arresting Agency Disposition Bail Forfeiture 4. Enter standard and Court-specific feesCounty % 0% COUNT 2 (if any) BASE FINE

Portion of 10 3 Disposition 7. Tickmark any FINDINGS numerically then detail below

STANDARD BASE-UP COURT DISTRIBUTION

TOTAL Enhanced Base $25.00 Violation Type Enhanced BASE 6. Enter Court's distribution codes & amts

COMMENTSDISTRIBUTION Standard-Per UBS

2% Amt

DISTRIB CODE or DESCRIPTION

FIN

DIN

GS

PC 1464 - State PA (7/10)PC 1464 - County PA (3/10)GC 76104.6 - DNA PA (1/10)

PC 1463.001 - Base CountyPC 1463.002 - Base City

GC 76104.7 - DNA Addl PA (4/10 eff 6-27-12; prev 3/10)GC 76100 - LCCF

GC 76000 PA ($7 for every 10) breakdown per local board of supervisor resolution (BOS).

GC 76101 - LCJFGC 76104 - EMSGC 76104.5 - DNA ID

GC 70372(a) - ICNA (equal to LCCF)PC 1465.7 - 20% Surcharge

GC 76102 - Auto FingerprintGC 76000.5 - EMS Addl PA (BOS: 2/10)GC 76000.10(c) - EMAT Penalty ($4 eff 1-1-11)

SUBTOTALPC 1465.8 - Court Ops Assmnt ($40 eff 10-19-10)GC 70373 - Crim Conv Assmnt ($30 for misd/$35 for infr)VC 40508.6 - Priors/DMV Admin Fee (up to $10)

GC 70372(a) - SCFCF (5/10 minus LCCF) GC 70372(a) total is $5 for every 10

GC 68090.8 - 2% State Automation (for fines, penalties & forfeitures

FINDINGS

PC 1205(e) - Install Fee OR AR Fee (BOS: Actual Costs OR up to $30)VC 42006 - Night Court Assmnt ($1)

To ISSUE SUMMARY

N

Y - Def

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BREAKOUT SESSION 1 Recap

Covered the Following:1. Parking violations – 1993 revision of parking infractions

to administrative offenses2. Vehicle Code section 463 - definition of “parking”3. Uniform Bail and Penalty Schedule – parking infractions4. Parking Infractions5. Equipment Violations on Parking Citations

• VC 40225(a) – (c)• VC 40303.5

6. SCO Appendix C - some applicable statutory sections

7. Parking Distribution Examples

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BREAKOUT SESSION 1

ParkingQUESTIONS?

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END OFBREAKOUT SESSION 1

Parking

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