BILL NUMBER: SB 279	CHAPTERED  07/20/07

	CHAPTER  89
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  JULY 9, 2007
	PASSED THE ASSEMBLY  JUNE 21, 2007
	AMENDED IN ASSEMBLY  JUNE 18, 2007
	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senator Yee

                        FEBRUARY 15, 2007

   An act to amend Section 731 of the Streets and Highways Code,
relating to state highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 279, Yee. State highways: public nuisance.
   Existing law provides that it is a misdemeanor for any person to
park a vehicle or place a structure wholly or partly within any
highway for the purpose of sale or to sell from the vehicle or
structure. Existing law also provides that any vehicle or structure
parked or placed wholly or partly within any state highway for the
purpose of sale, or to sell from, is a nuisance that may be
immediately removed by the Department of Transportation. Existing law
authorizes the California Highway Patrol and all peace officers to
enforce these provisions.
   This bill would provide that peace officers from a local law
enforcement agency may enforce these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 731 of the Streets and Highways Code is amended
to read:
   731.  Any vehicle or structure parked or placed wholly or partly
within any state highway, for the purpose of selling the same or of
selling therefrom or therein any article, service or thing, is a
public nuisance and the department may immediately remove that
vehicle or structure from within any highway.
   Any person parking any vehicle or placing any structure wholly or
partly within any highway for the purpose of selling that vehicle or
structure, or of selling therefrom or therein any article or thing,
and any person selling, displaying for sale, or offering for sale any
article or thing either in or from that vehicle or structure so
parked or placed, and any person storing, servicing, repairing or
otherwise working upon any vehicle, other than upon a vehicle which
is temporarily disabled, is guilty of a misdemeanor.
   The California Highway Patrol and all peace officers from local
law enforcement agencies may enforce the provisions of this chapter
with respect to highways under their respective jurisdiction and
shall cooperate with the department to that end. Whenever any member
of the California Highway Patrol or any peace officer from a local
law enforcement agency removes a vehicle from a highway under the
provisions of this section, then all of the provisions of Article 3
(commencing with Section 22850), Chapter 10, Division 11 of the
Vehicle Code with reference to the removal of a vehicle from a
highway shall be applicable.
   This section does not prohibit a seller from taking orders or
delivering any commodity from a vehicle on that part of any state
highway immediately adjacent to the premises of the purchaser;
prohibit an owner or operator of a vehicle, or a mechanic, from
servicing, repairing or otherwise working upon any vehicle which is
temporarily disabled in a manner and to an extent that it is
impossible to avoid stopping that vehicle within the highway; or
prohibit coin-operated public telephones and related telephone
structures in park and ride lots, vista points, and truck inspection
facilities within state highway rights-of-way for use by the general
public.