BILL NUMBER: SB 1570	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 24, 2012

   An act to amend Section 40247 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1570, as introduced, Wyland. Vehicles: automated parking
enforcement.
   Existing law authorizes a local agency to install and operate an
automated parking enforcement system on local public agency-owned or
local public agency-operated streetsweepers for the purpose of
digital photographing of street-sweeping parking violations occurring
in street-sweeping parking lanes.
   This bill would additionally authorize the installation of an
automated parking enforcement system on streetsweepers operated by a
vendor pursuant to a contract with the local public agency.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40247 of the Vehicle Code is amended to read:
   40247.  (a) A local public agency may install and operate an
automated parking enforcement system on local public agency-owned or
local public agency-operated streetsweepers  , or on
streetsweepers operated by a vendor pursuant to a contract with the
local public agency,  for the purpose of digital photographing
of street-sweeping parking violations occurring in street-sweeping
parking lanes. The equipment shall be angled and focused so as to
capture digital photographs of license plates on vehicles violating
designated street-sweeping regulations and shall not unnecessarily
capture identifying photographs of other drivers, vehicles, or
pedestrians. The equipment shall only capture digital photographs
when the automated parking enforcement system detects the occurrence
of a parking infraction. The equipment shall record the date and time
the violation was captured onto the photograph. Any information read
from a license plate at a location or at a time not designated for
streetsweeping shall be destroyed by the close of the next business
day. Notwithstanding subdivision (e) of Section 40248, only a local
public agency may operate an automated parking enforcement system.
   (1) A citation shall be issued only for violations captured during
the designated hours of operation for a street-sweeping parking
lane.
   (2) A citation shall not be issued, under the provisions of this
article, for a vehicle that is parked on the street during the
designated hours of operation for a street-sweeping parking lane when
the vehicle is parked on the street after the street has been
cleaned by a streetsweeper.
   (b) At least 30 days prior to issuing notices of parking
violations pursuant to subdivision (a) of Section 40248, a local
public agency utilizing an automated parking enforcement system
pursuant to this article shall make a public announcement of the
automated parking enforcement system and shall only issue warning
notices during this 30-day period. This subdivision does not affect
the authority of a local public agency to issue notices of parking
violations through a manual system before, during, or after the
30-day warning period in this subdivision.
   (c) A designated employee for the local public agency, who is
qualified by the local public agency to issue parking citations,
shall review digital photographs for the purpose of determining
whether a parking violation occurred in a street-sweeping parking
lane. A violation of a statute, regulation, or ordinance governing
parking under this code, under a federal or state statute or
regulation, or under an ordinance enacted by the local public agency
occurring in a street-sweeping parking lane observed by the
designated employee in the photographs is subject to a civil penalty.

   (d) (1) Except as it may be included in court records described in
Section 68152 of the Government Code, or as provided in paragraph
(2), the digital photograph evidence may be retained for up to six
months from the date the information was first obtained, or 90 days
after final disposition of the citation, whichever date is sooner,
after which time the information shall be destroyed in a manner that
shall preserve the confidentiality of any person included in the
record or information.
   (2) Notwithstanding Section 26202.6 of the Government Code,
digital photographs from automated parking enforcement systems that
do not contain evidence of a parking violation occurring in a
street-sweeping parking lane shall be destroyed within 15 days after
the information was first obtained in a manner that shall preserve
the confidentiality of any person included in the information.
   (e) Notwithstanding Section 6253 of the Government Code, or any
other  provision of  law, the digital photographs
made, and any information read from license plates, by an automated
parking enforcement system shall be confidential. Local public
agencies shall use and allow access to these photographs and license
plate readings only for the purposes authorized by this article.