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 AB 2104 (GORDON) Page 2 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 AB 2104 (GORDON) Page 3 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 AB 2104 (GORDON) Page 4 ". 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.