BILL ANALYSIS Ó
AB 2104
Page 1
Date of Hearing: August 28, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2104 (Gordon) - As Amended: July 6, 2012
SUBJECT : Parking facilities: enforcement
SUMMARY : Clarifies that public transportation agencies have the
authority to regulate parking at their facilities and remove
vehicles. Specifically, this bill :
1)Authorizes a public transportation agency to:
a) Enforce parking regulations on facilities or grounds
under their control; and,
b) Remove vehicles in violation of parking regulations.
1)Defines a public transportation agency, as a public agency
that provides public transportation.
EXISTING LAW :
1)Makes it an infraction for any person to drive, stop, park, or
leave a vehicle or animal standing on public property,
including a transit agency property, except with the
permission of and subject to conditions or regulations that
the public agency imposes.
2)Authorizes a peace officer or parking control officer of a
city, county, or state agency to remove (impound) vehicles
under the following circumstances:
a) When a vehicle is parked or left standing so that it
obstructs the normal movement of traffic or otherwise
creates a traffic hazard;
b) When a stolen vehicle is found on a highway or public
land;
c) When a vehicle is illegally parked to prevent access to
a fire hydrant;
d) When a vehicle has been issued five or more unresolved
AB 2104
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parking citations;
e) When a vehicle is found illegally parked and there are
no license plates displayed;
f) When a vehicle is parked or left standing on a highway
for 72 or more consecutive hours in violation of a local
ordinance that forbids parking due to cleaning, repair, or
construction;
g) When a vehicle is illegally parked in violation of a
local ordinance;
h) When a vehicle is parked in an area where the city or
county has prohibited parking and authorized removal of
vehicles; and,
i) When a vehicle is illegally parked and blocks the
movement of legally parked vehicles.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : Under current law, only a peace officer or regular
salaried employee of the state, county, or city may issue a
parking citation or impound a vehicle for failure to comply with
specified laws or ordinances. Since public transportation
agencies are neither "local authorities" nor "state agencies,"
existing law is ambiguous as to whether or not they have the
authority to have vehicles removed (impounded) or enforce civil
penalties for parking violations that occur in their parking
facilities.
According to the sponsor, the North County Transit District
(NCTD), their off-street parking facilities (created and
maintained to serve NCTD transit centers) are plagued with
parking violations. They note that the most common violations
include parking facility use by non-transit customers, overnight
parking, and storage or abandonment of vehicles. NCTD states
that it currently contracts with cities to conduct parking
enforcement in their facilities, but, understandably, parking
enforcement is typically not a top priority. The resultant
parking violations are adversely impacting NCTD's ability to
provide adequate parking services for their transit customers.
AB 2104
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This bill would expressly authorize public transportation
agencies to enforce parking regulations at their parking
facilities including issuing parking citations and removing
vehicles.
This bill in its current form has never been heard in the
Assembly.
REGISTERED SUPPORT / OPPOSITION :
Support
North San Diego Transit District (Sponsor)
California Transit Association
Opposition
None received.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093