BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 604
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: anderson
VERSION: 4/8/13
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 16, 2013
SUBJECT:
Vending in intersections
DESCRIPTION:
This bill makes it illegal for a person to vend any merchandise
or service in an intersection controlled by a traffic control
signal.
ANALYSIS:
Current law makes it illegal for a person to vend any
merchandise or service in the right-of-way of any freeway, ramp,
or shoulder which lies within the right-of-way of the freeway;
within any roadway or shoulder within 500 feet of a freeway
ramp; and on any sidewalk within 500 feet of a freeway ramp when
vending or attempting to vend to vehicular traffic. A first
violation is an infraction. A second or subsequent violation is
a misdemeanor.
Current law also allows law enforcement personnel, firefighters,
or other persons employed to protect the public safety to
solicit charitable contributions in the roadway from passing
motorists if the city or county has approved an application from
the charity.
This bill makes it illegal for a person to vend any merchandise
or service in an intersection controlled by a traffic control
signal, unless they are law enforcement personnel, firefighters,
or other persons employed to protect the public safety
soliciting charitable contributions pursuant to an approved
application. As with current law, a first violation is an
infraction, and a second or subsequent violation is a
misdemeanor.
COMMENTS:
SB 604 (ANDERSON) Page 2
1.Purpose of the bill . Proponents believe that loitering and
panhandling along center medians of signalized intersections
poses a public safety risk. According to the author, this
bill is needed to reduce the number of accidents between
vehicles and pedestrians and to reduce driver distraction
while traveling through busy intersections.
2.No data specific to these activities . There appears to be no
data available on the frequency with which vendors or
solicitors are involved in accidents at intersections. The
California Highway Patrol collects accident statistics in
general categories, such as pedestrians struck by vehicles,
and the standardized reporting form does not ask whether the
pedestrian was vending or soliciting. The narratives that may
contain such details are not reported. As a result, it is
unknown how much of a public safety risk currently exists.
3.Local streets, local option ? The Vehicle Code specifically
prohibits cities and counties from enacting ordinances on
matters covered by the code unless expressly authorized in the
code. As a result, cities and counties may not prohibit
unilaterally the vending of any merchandise or service in an
intersection controlled by a traffic control signal. If it
wishes to address this issue, the Legislature, however, has
two options: It can outlaw such activities statewide; or it
can allow cities and counties to enact ordinances prohibiting
such activities in their individual jurisdictions. The
committee may wish to consider whether this bill should remain
a statewide law or be a local option.
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 10,
2013.)
SUPPORT: California Police Chiefs Association
City of La Mesa
San Diego County Chiefs' and Sheriff's
Association
OPPOSED: None received.