California Legislature—2015–16 Regular Session

Assembly BillNo. 1943


Introduced by Assembly Member Linder

(Coauthor: Senator Roth)

February 12, 2016


An act to amend Section 21113 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1943, as introduced, Linder. Vehicles: parking: public grounds.

Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specified public entities, including a public transportation agency and a county transportation commission, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law defines “public transportation agency” for these purposes.

This bill would revise the definition of “public transportation agency” to include a county transportation commission.

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

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

P1    1

SECTION 1.  

Section 21113 of the Vehicle Code is amended
2to read:

3

21113.  

(a) begin deleteA person end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2),
4a personend insert
begin insert end insertshall not drive a vehicle or animal, or stop, park, or leave
5standing a vehicle or animal, whether attended or unattended, upon
P2    1the driveways, paths, parking facilities, or the grounds of anybegin delete publicend delete
2begin insert of the following:end insert

3begin insert (A)end insertbegin insertend insertbegin insertAend insertbegin insert publicend insert school, state university, state college,begin delete unitend deletebegin insert or an
4educational institution exempted, in whole or in part, from taxation.end insert

5begin insert(B)end insertbegin insertend insertbegin insertAend insertbegin insert unitend insert of the state parkbegin delete system,end deletebegin insert system.end insert

6begin insert(C)end insertbegin insertend insertbegin insertAend insert countybegin delete park,end deletebegin insert park.end insert

7begin insert (D)end insertbegin insertend insertbegin insertAend insert municipalbegin delete airport,end deletebegin insert airport.end insert

8begin insert(E)end insertbegin insertend insertbegin insertAend insert rapid transit district, transit development board, transit
9district, public transportation agency, county transportation
10commission created pursuant to Section 130050 of the Public
11Utilities Code,begin insert or aend insert joint powers agency operating or managing a
12commuter railbegin delete system, or anyend deletebegin insert system.end insert

13begin insert(F)end insertbegin insertend insertbegin insertAnyend insert property under the direct control of the legislative body
14of abegin delete municipality, or aend deletebegin insert municipality.end insert

15begin insert (G)end insertbegin insertend insertbegin insertAend insert state, county, or hospital district institution orbegin delete building,
16or an educational institution exempted, in whole or in part, from
17taxation, or anyend delete
begin insert building.end insert

18begin insert(H)end insertbegin insertend insertbegin insertAnyend insert harbor improvement district or harbor district formed
19pursuant to Part 2 (commencing with Section 5800) or Part 3
20(commencing with Section 6000) of Division 8 of the Harbors and
21Navigationbegin delete Code, aend deletebegin insert Code.end insert

22begin insert(I)end insertbegin insertend insertbegin insertAend insert district organized pursuant to Part 3 (commencing with
23Section 27000) of Division 16 of the Streets and Highwaysbegin delete Code,
24or stateend delete
begin insert Code.end insert

25begin insert (J)end insertbegin insertend insertbegin insertStateend insert grounds served by the Department of the California
26Highwaybegin delete Patrol, or anyend deletebegin insert Patrol.end insert

27begin insert(K)end insertbegin insertend insertbegin insertAnyend insert property under the possession or control of a housing
28authority formed pursuant to Article 2 (commencing with Section
2934240) of Chapter 1 of Part 2 of Division 24 of the Health and
30Safetybegin delete Code, except withend deletebegin insert Code.end insert

31begin insert (2)end insertbegin insertend insertbegin insertThe activities described in paragraph (1) may be performed
32withend insert
the permission of, and upon and subject to any condition or
33regulation that may be imposed by, the legislative body of the
34municipality, or the governing board or officer of the public school,
35state university, state college, county park, municipal airport, rapid
36transit district, transit development board, transit district, public
37transportation agency, county transportation commission, joint
38powers agency operating or managing a commuter rail system, or
39state, county, or hospital district institution or building, or
40educational institution, or harbor district, or a district organized
P3    1pursuant to Part 3 (commencing with Section 27000) of Division
216 of the Streets and Highways Code, or housing authority, or the
3Director of Parks and Recreation regarding units of the state park
4system or the state agency with jurisdiction over the grounds served
5by the Department of the California Highway Patrol.

6(b) A governing board, legislative body, or officer shall erect
7or place appropriate signs giving notice of any special conditions
8or regulations that are imposed under this section and the governing
9board, legislative body, or officer shall also prepare and keep
10available at the principal administrative office of the governing
11board, legislative body, or officer, for examination by all interested
12persons, a written statement of all those special conditions and
13regulations adopted pursuant to this section.

14(c) When a governing board, legislative body, or officer permits
15public traffic upon the driveways, paths, parking facilities, or
16grounds under their control then, except for those conditions
17imposed or regulations enacted by the governing board, legislative
18body, or officer applicable to the traffic, all the provisions of this
19code relating to traffic upon the highways shall be applicable to
20the traffic upon the driveways, paths, parking facilities, or grounds.

21(d) A public transportation agency that imposes any condition
22or regulation upon a person who parks or leaves standing a vehicle,
23pursuant to subdivision (a), is authorized to do either of the
24following:

25(1) Enforce that condition or regulation in the manner provided
26in Article 3 (commencing with Section 40200) of Chapter 1 of
27Division 17 of this code. The public transportation agency shall
28be considered the issuing agency for that purpose.

29(2) Designate regularly employed and salaried employees, who
30are engaged in directing traffic or enforcing parking laws and
31regulations, for the purpose of removing any vehicle in the same
32manner as a city, county, or jurisdiction of a state agency pursuant
33to Chapter 10 (commencing with Section 22650) of Division 11
34of this code.

35(e) With respect to the permitted use of vehicles or animals on
36property under the direct control of the legislative body of a
37municipality, no change in the use of vehicles or animals on the
38property, that had been permitted on January 1, 1976, shall be
39effective unless and until the legislative body, at a meeting open
P4    1to the general public, determines that the use of vehicles or animals
2on the property should be prohibited or regulated.

3(f) A transit development board may adopt ordinances, rules,
4or regulations to restrict, or specify the conditions for, the use of
5bicycles, motorized bicycles, electric bicycles, skateboards,
6electrically motorized boards, and roller skates on property under
7the control of, or any portion of property used by, the board.

8(g) A public agency, including, but not limited to, the Regents
9of the University of California and the Trustees of the California
10State University, may adopt rules or regulations to restrict, or
11specify the conditions for, the use of bicycles, motorized bicycles,
12electric bicycles, skateboards, electrically motorized boards, and
13roller skates on public property under the jurisdiction of that
14agency.

15(h) “Housing authority,” for the purposes of this section, means
16a housing authority located within a county with a population of
17over 6,000,000 people, and any other housing authority that
18complies with the requirements of this section.

19(i) “Public transportation agency,” for purposes of this section,
20means a public agency that provides public transportation as
21defined in paragraph (1) of subdivision (f) of Section 1 of Article
22XIX A of the California Constitutionbegin insert or a county transportation
23commission created pursuant to Section 130050 of the Public
24Utilities Codeend insert
.



O

    99