BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2104|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2104
Author: Gordon (D)
Amended: 7/6/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 8-0, 7/3/12
AYES: DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio,
Simitian, Wyland
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : Not relevant
SUBJECT : Public entities: authority to enforce parking
regulations and
initiate impoundment
SOURCE : North County Transit District
DIGEST : This bill authorizes public transportation
agencies 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:
1.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,
CONTINUED
AB 2104
Page
2
except with the permission of and subject to conditions
or regulations that the public agency may impose.
2.Makes 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 he or she may file an appeal
in Superior Court, which hears the case de novo.
3.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:
A. 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.
B. When a stolen vehicle is found upon a highway or
public land.
C. When a vehicle is illegally parked so as to prevent
access to a fire hydrant.
D. 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.
CONTINUED
AB 2104
Page
3
E. When a vehicle is found illegally parked and there
are no license plates or other evidence of
registration displayed.
F. 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.
G. When a vehicle is illegally parked in violation of
a local ordinance forbidding parking due to necessary
cleaning, repair, or construction.
H. When a vehicle is parked where a city or county has
prohibited parking and authorized the removal of
vehicles.
I. When a vehicle is illegally parked and blocks the
movement of a legally parked vehicle.
This bill authorizes public transportation agencies 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.
Background
Existing 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.
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
CONTINUED
AB 2104
Page
4
districts and authorities, hospital districts, harbor
districts, and housing authorities. The bill also applies
to private, non-profit universities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/6/12)
North County Transit District (source)
California Transit Association
ARGUMENTS IN SUPPORT : 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
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.
CTW:n 7/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
AB 2104
Page
5
CONTINUED