Amended in Senate May 15, 2013

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 wouldbegin insert authorize a city or county to enact an ordinance toend insert 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 within any center median that is within 300 feet of an intersection controlled by a traffic control signal. This bill would exempt 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.begin insert The bill would make technical and conforming changes.end insert

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:

P2    1

SECTION 1.  

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

3

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.

begin delete

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

end delete
begin insert

16(b) A city or county may enact an ordinance to prohibit a person
17from soliciting, displaying, selling, offering for sale, or otherwise
18vending or attempting to vend any merchandise or service while
19being wholly or partly within any center median that is within 300
20feet of an intersection controlled by a traffic control signal, except
P3    1as authorized by Section 17510.25 of the Business and Professions
2Code.

end insert
begin delete

3(b) Subdivision

end delete

4begin insert(c)end insertbegin insertend insertbegin insertSubdivisionsend insert (a)begin delete doesend deletebegin insert and (b) doend insert not apply to a roadside rest
5area or vista point located within a freeway right-of-waybegin delete whichend delete
6begin insert thatend insert is subject to Section 22520.6, to a tow truck or service vehicle
7rendering assistance to a disabled vehicle, or to a person issued a
8permit to vend upon the freeway pursuant to Section 670 of the
9Streets and Highways Code.

begin delete

10(c)

end delete

11begin insert(d)end insert A violation ofbegin delete this sectionend deletebegin insert subdivision (a) or (b)end insert is an
12infraction. A second or subsequent conviction of a violation of begin delete13 this sectionend delete begin insert subdivision (a)end insertbegin insert or (b)end insert is a misdemeanor.

14

SEC. 2.  

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.



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