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
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.