BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2104
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  gordon
                                                         VERSION: 6/21/12
          Analysis by:  Mark Stivers                     FISCAL:  no
          Hearing date:  July 3, 2012



          SUBJECT:

          Public entities:  authority to enforce parking regulations and 
          initiate impoundment

          DESCRIPTION:

          This bill authorizes public entities that impose conditions or 
          regulations on the parking or standing of a vehicle upon its 
          grounds to issue citations, to enforce those conditions or 
          regulations through a civil process, and to impound vehicles 
          under any of the circumstances enumerated in existing law. 

          ANALYSIS:

          Existing law makes it an infraction for any person to drive, 
          stop, park, or leave standing a vehicle or animal upon the 
          grounds of any public entity, including a transit agency, except 
          with the permission of and subject to conditions or regulations 
          that the public agency may impose.

          Under existing law, any infraction relating to the standing or 
          parking of a vehicle is subject to a civil penalty.  Cities and 
          counties enforce these civil citations through an administrative 
          process established in state statute.  Under this process, the 
          issuing officer serves the alleged violator with a "notice of 
          violation," which includes the date, time, location, and nature 
          of the violation, the administrative penalty amount, the date by 
          which the penalty must be paid, and the process for contesting 
          the citation.  If the alleged violator contests the citation, 
          then the issuing agency or its contracted processing agency must 
          provide an initial review.  If the citation is not dismissed 
          after the initial review, the alleged violator may request an 
          administrative hearing for which the issuing agency or its 
          contracted processing agency must provide an impartial 
          administrative hearing officer but at which the citing officer 
          is not required to appear.  If the alleged violator is 
          unsatisfied with the results of the administrative hearing, then 




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          he or she may file an appeal in Superior Court, which hears the 
          case de novo.  

          Existing law allows a peace officer or parking control officer 
          of a city, county, or state agency to remove (impound) a vehicle 
          in his or her jurisdiction under various circumstances, 
          including the following:

           When a vehicle is parked or left standing so as to obstruct 
            the normal movement of traffic or in a condition so as to 
            create a hazard to other traffic.
           When a stolen vehicle is found upon a highway or public land.
           When a vehicle is illegally parked so as to prevent access to 
            a fire hydrant.
           When a vehicle on a highway or public land has been issued 
            five or more unresolved parking violations or whose owner has 
            five or more unresolved traffic violations.
           When a vehicle is found illegally parked and there are no 
            license plates or other evidence of registration displayed.
           When a vehicle is parked or left standing upon a highway for 
            72 or more consecutive hours in violation of a local ordinance 
            authorizing removal.
           When a vehicle is illegally parked in violation of a local 
            ordinance forbidding parking due to necessary cleaning, 
            repair, or construction.
           When a vehicle is parked where a city or county has prohibited 
            parking and authorized the removal of vehicles.
           When a vehicle is illegally parked and blocks the movement of 
            a legally parked vehicle.

           This bill  authorizes any public entity, as opposed to just a 
          city or county, that imposes conditions or regulations on the 
          parking or standing of a vehicle upon its grounds to enforce 
          those conditions or regulations through the civil process 
          described above and to impound vehicles under any of the 
          circumstances enumerated in existing law. 
           
          COMMENTS:

           1.Purpose of the bill  .  The sponsor of the bill, the North (San 
            Diego) County Transit District (NCTD), owns off-street parking 
            facilities serving its transit centers that it claims are 
            plagued with parking by non-transit customers, overnight 
            parking, and the storage or abandonment of cars.  In response, 
            NCTD has initiated a fee for non-transit customers to park at 
            its Solana Beach Transit Center parking facilities and is 




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            considering charging a parking fee at other transit centers in 
            the future.  It is not clear, however, whether or not NCTD 
            employees, other than peace officers it does not currently 
            employ, have the authority to issue parking citations or 
            initiate impoundment at these facilities.  If not, NCTD must 
            rely on city or county police or parking officers to enforce 
            parking restrictions.  NCTD reports that it currently 
            contracts with its local cities to enforce parking regulations 
            but that the cities are understaffed and unable to respond to 
            calls for service.  This bill seeks to clarify NCTD's 
            authority to enforce parking restrictions at its properties.  
            NCTD intends to hire parking control officers to issue 
            citations and initiate legal impoundments but continue 
            contracting with cities for the processing of these citations.

           2.Current law  .  Current law allows "a peace officer or person 
            authorized to enforce parking laws and regulations" to issue 
            parking citations but does not clarify who may authorize such 
            persons.  Cities and counties clearly have the authority, but 
            it is not clear what other entities may.  

            In addition, it is not clear if NCTD has the authority to 
            initiate an impoundment.  Currently, only a peace officer or 
            parking control officer of a city, county, or state agency may 
            impound a vehicle in his or her jurisdiction, and it is not 
            clear whether or not NCTD is a state agency.  

           3.Not just NCTD  .  While this bill is sponsored by one specific 
            transit agency, it applies to many types of public entities, 
            including public schools, state colleges and universities, 
            state and county parks, municipal airports, transit districts 
            and authorities, hospital districts, harbor districts, and 
            housing authorities.  The bill also applies to private, 
            non-profit universities.  




           4.Technical amendments  :

                 On page 5, lines 28-29 strike "drives a vehicle or 
               animal, or stops, parks," and insert "parks"
                 On page 5, lines 29-30 strike "or animal"
                 On page 5, line 30 after the second "to" insert "do 
               either of the following:  (1)"
                 On page 5, line 33 strike "and shall be (1)" and insert 




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               ".  The governing board, legislative body, or officer shall 
               be"
                 On page 5, strike lines 34-36 and insert "purpose.  (2) 
               designate regularly employed and salaried employees, who 
               are engaged in directing traffic or enforcing parking laws 
               and regulations, for the purpose of removing any vehicle"
          
          Assembly Votes:
               
               Previous votes are not relevant.

          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday,                                             June 27, 
          2012)

               SUPPORT:  North County Transit District (sponsor)

               OPPOSED:  None received.