California Legislature—2015–16 Regular Session

Assembly BillNo. 1659


Introduced by Assembly Member Rodriguez

January 13, 2016


An act to amend Section 22358.4 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1659, as introduced, Rodriguez. Vehicles: prima facie speed limits: schools.

(1) Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction.

Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs.

Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs.

This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof, as specified. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance up to one mile to establish a prima facie speed limit and school warning signs, as specified.

By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program.

(2) 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 22358.4 of the Vehicle Code is amended
2to read:

3

22358.4.  

(a) (1) begin deleteWhenever end deletebegin insertIf end inserta local authority determines
4upon the basis of an engineering and traffic survey that the prima
5facie speed limit of 25 miles per hour established by paragraph (2)
6of subdivision (a) of Section 22352 is more than is reasonable or
7safe, the local authority may, by ordinance or resolution, determine
8and declare a prima facie speed limit of 20 or 15 miles per hour,
9whichever is justified as the appropriate speed limit by that survey.

10(2) An ordinance or resolution adopted under paragraph (1)
11shall not be effective until appropriate signs giving notice of the
12speed limit are erected upon the highway and, in the case of a state
13highway, until the ordinance is approved by the Department of
14Transportation and the appropriate signs are erected upon the
15highway.

16(b) (1) Notwithstanding subdivision (a) or any other provision
17of law, a local authority may, by ordinance or resolution, determine
18and declare prima facie speed limits as follows:

19(A) A 15 miles per hour prima facie limit in a residence district,
20on a highway with a posted speed limit of 30 miles per hour or
21slower, when approaching, at a distance of less thanbegin delete 500end deletebegin insert 1,320end insert
22 feet from, or passing, a school building or the grounds of a school
23building, contiguous to a highway and posted with a school
24warning sign that indicates a speed limit of 15 miles per hour,
25while children are going to or leaving the school, either during
26school hours or during the noon recess period. The prima facie
27limit shall also apply when approaching, at a distance of less than
28begin delete 500end deletebegin insert 1,320end insert feet from, or passing, school grounds that are not
29separated from the highway by a fence, gate, or other physical
30barrier while the grounds are in use by children and the highway
31is posted with a school warning sign that indicates a speed limit
32of 15 miles per hour.

33(B) A 25 miles per hour prima facie limit in a residence district,
34on a highway with a posted speed limit of 30 miles per hour or
35slower, when approaching, at a distance of 500 tobegin delete 1,000end deletebegin insert 1,320end insert feet
36from, a school building or the grounds thereof, contiguous to a
37highway and posted with a school warning sign that indicates a
38speed limit of 25 miles per hour, while children are going to or
P4    1leaving the school, either during school hours or during the noon
2recess period. The prima facie limit shall also apply when
3approaching, at a distance of 500 tobegin delete 1,000end deletebegin insert 1,320end insert feet from, school
4grounds that are not separated from the highway by a fence, gate,
5or other physical barrier while the grounds are in use by children
6and the highway is posted with a school warning sign that indicates
7a speed limit of 25 miles per hour.

8(2) The prima facie limits established under paragraph (1) apply
9only to highways that meet all of the following conditions:

10(A) A maximum of two traffic lanes.

11(B) A maximum posted 30 miles per hour prima facie speed
12limit immediately prior to and after the school zone.

13(3) The prima facie limits established under paragraph (1) apply
14to all lanes of an affected highway, in both directions of travel.

15(4) When determining the need to lower the prima facie speed
16limit, the local authority shall take the provisions of Section 627
17into consideration.

18(5) (A) An ordinance or resolution adopted under paragraph
19(1) shall not be effective until appropriate signs giving notice of
20the speed limit are erected upon the highway and, in the case of a
21state highway, until the ordinance is approved by the Department
22of Transportation and the appropriate signs are erected upon the
23highway.

24(B) For purposes of subparagraph (A) of paragraph (1), school
25warning signs indicating a speed limit of 15 miles per hour may
26be placed at a distance up tobegin delete 500end deletebegin insert 1,320end insert feet away from school
27grounds.

28(C) For purposes of subparagraph (B) of paragraph (1), school
29warning signs indicating a speed limit of 25 miles per hour may
30be placed at any distance between 500 andbegin delete 1,000end deletebegin insert 1,320end insert feet away
31from the school grounds.

32(D) A local authority shall reimburse the Department of
33Transportation for all costs incurred by the department under this
34subdivision.

begin insert

35(E) Notwithstanding the maximum distance established in this
36section, a local authority may, upon the basis of an engineering
37and travel survey documenting school attendance boundaries or
38travel patterns to and from a school, or both, extend the maximum
39distance up to one mile to establish a prima facie speed limit and
40school warnings signs, as defined in this section, to a distance or
P5    1specific locations, or both, consistent with the findings of the travel
2survey.

end insert
3

SEC. 2.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.



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