Amended in Senate May 7, 2013

Amended in Senate April 8, 2013

Senate BillNo. 604


Introduced by Senator Anderson

February 22, 2013


An act to amend Section 22520.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 604, as amended, Anderson. Vehicles: rules of the road.

Existing law prohibits a person from soliciting, displaying, selling, offering for sale, or otherwise vending or attempting to vend any merchandise or service while being wholly or partly within any of specified places, including, but not limited to, the right-of-way of any freeway, including any on ramp, off ramp, or roadway shoulder which lies within the right-of-way of the freeway, or any roadway or adjacent shoulder within 500 feet of a freeway off ramp or on ramp. A violation of these provisions constitutes an infraction. Existing law also permits a charity, as defined, to engage in a solicitation for charitable purposes that involves persons standing in a public roadway soliciting contributions from passing motorists, if the persons to be engaged in the solicitation are law enforcement personnel, firefighters, or other specified persons who are soliciting solely in an area that is within the service area of that local agency, and the charity files an application with the relevant jurisdiction, as specified.

This bill would prohibit a person from soliciting, displaying, selling, offering for sale, or otherwise vending or attempting to vend any merchandise or service while being wholly or partly withinbegin insert any center median that is within 300 feet ofend insert an intersection controlled by a traffic control signal. This bill wouldbegin delete exceptend deletebegin insert exemptend insert from the prohibition, a charity engaged in solicitation for charitable purposes if the persons soliciting are law enforcement personnel, firefighters, or other persons, as specified.

Because this bill expands the definition of an existing crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 22520.5 of the Vehicle Code is amended
2to read:

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22520.5.  

(a) A person shall not solicit, display, sell, offer for
4sale, or otherwise vend or attempt to vend any merchandise or
5service while being wholly or partly within any of the following:

6(1) The right-of-way of any freeway, including any on ramp,
7off ramp, or roadway shoulder which lies within the right-of-way
8of the freeway.

9(2) Any roadway or adjacent shoulder within 500 feet of a
10freeway off ramp or on ramp.

11(3) Any sidewalk within 500 feet of a freeway off ramp or on
12ramp, when vending or attempting to vend to vehicular traffic.

13(4) Except as provided in Section 17510.25 of the Business and
14Professions Code, anybegin insert center median that is within 300 feet of anend insert
15 intersection controlled by a traffic control signal.

16(b) Subdivision (a) does not apply to a roadside rest area or vista
17point located within a freeway right-of-way which is subject to
18Section 22520.6, to a tow truck or service vehicle rendering
19assistance to a disabled vehicle, or to a person issued a permit to
20vend upon the freeway pursuant to Section 670 of the Streets and
21Highways Code.

22(c) A violation of this section is an infraction. A second or
23subsequent conviction of a violation of this section is a
24misdemeanor.

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SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.



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