BILL NUMBER: AB 2491 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 19, 2016
An act to amend Section 22500 of add
Section 22500.2 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2491, as amended, Nazarian. Vehicles: stopping, standing, and
parking.
Existing law prohibits a person from stopping, parking, or leaving
standing any vehicle whether attended or unattended, except when
necessary to avoid conflict with other traffic or in compliance with
the directions of a peace officer or official traffic control device,
in designated places, including, among other places, within 15 feet
of the driveway entrance to any fire station. A violation of this
provision is subject to a civil penalty.
This bill would additionally authorize a
local authority to, by ordinance, prohibit a person from
stopping, parking, or leaving a vehicle within 15 feet of
the driveway to a police station, ambulance company, or
a driveway that is used by certain emergency vehicles to enter
or exit a fire department, police department, ambulance service
provider facility, or general acute care hospital, except as
specified, and would authorize a require a
local authority that enacts that ordinance to
provide appropriate curb markings and post appropriate signs that
delineate this prohibited area. The bill would also provide
that a violation of these provisions is not a violation of law
relating to the safe operation of vehicles for purposes of violation
point assignment, but is instead a stopping violation or parking
violation, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22500.2 is added to the
Vehicle Code , to read:
22500.2. (a) A local authority may, by ordinance, prohibit a
person from stopping, parking, or leaving standing a vehicle, whether
attended or unattended, except if necessary to avoid conflict with
other traffic or in compliance with the directions of a peace officer
or official traffic control device, within 15 feet of a driveway
that is used by an emergency vehicle owned or operated by a fire
department, police department, ambulance service care provider, or
general acute care hospital, to enter or exit a fire station, police
station, ambulance service provider facility, or general acute care
hospital. This section does not apply to any vehicle owned or
operated by a fire department, police department, ambulance service
provider, or general acute care hospital, if the vehicle is clearly
marked as a fire department vehicle, police department vehicle,
ambulance, or general acute care hospital vehicle.
(b) A local authority that enacts an ordinance pursuant to
subdivision (a) shall provide appropriate curb markings and post
signs that delineate the area specified in subdivision (a).
SECTION 1. Section 22500 of the Vehicle Code is
amended to read:
22500. A person shall not stop, park, or leave standing any
vehicle whether attended or unattended, except when necessary to
avoid conflict with other traffic or in compliance with the
directions of a peace officer or official traffic control device, in
any of the following places:
(a) Within an intersection, except adjacent to curbs as may be
permitted by local ordinance.
(b) On a crosswalk, except that a bus engaged as a common carrier
or a taxicab may stop in an unmarked crosswalk to load or unload
passengers when authorized by the legislative body of a city pursuant
to an ordinance.
(c) Between a safety zone and the adjacent right-hand curb or
within the area between the zone and the curb as may be indicated by
a sign or red paint on the curb, which sign or paint was erected or
placed by local authorities pursuant to an ordinance.
(d) (1) Within 15 feet of the driveway to a fire station, police
station, ambulance company, or general acute care hospital. This
subdivision does not apply to any vehicle owned or operated by a fire
department, police department, ambulance company, or general acute
care hospital, and clearly marked as a fire department vehicle,
police department vehicle, ambulance, or general acute care hospital
vehicle.
(2) A local authority may provide appropriate curb markings and
post signs that delineate the area specified in paragraph (1).
(3) A violation of this subdivision is not a violation of a law
relating to the safe operation of vehicles for purposes of Section
12810, but is instead either of the following:
(A) A stopping violation if a notice to appear has been issued by
a peace officer described in Section 830.1, 830.2, or 830.33 of the
Penal Code.
(B) A parking violation if a notice of parking violation is issued
by a person, other than a peace officer described in subparagraph
(A), who is authorized to enforce parking statutes and regulations.
(e) (1) In front of a public or private driveway, except that a
bus engaged as a common carrier, schoolbus, or a taxicab may stop to
load or unload passengers when authorized by local authorities
pursuant to an ordinance.
(2) In unincorporated territory, where the entrance of a private
road or driveway is not delineated by an opening in a curb or by
other curb construction, so much of the surface of the ground as is
paved, surfaced, or otherwise plainly marked by vehicle use as a
private road or driveway entrance, shall constitute a driveway.
(f) On a portion of a sidewalk, or with the body of the vehicle
extending over a portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon a
vehicle under this code may extend from the body of the vehicle over
the sidewalk to a distance of not more than 10 inches.
(g) Alongside or opposite a street or highway excavation or
obstruction when stopping, standing, or parking would obstruct
traffic.
(h) On the roadway side of a vehicle stopped, parked, or standing
at the curb or edge of a highway, except for a schoolbus when stopped
to load or unload pupils in a business or residence district where
the speed limit is 25 miles per hour or less.
(i) Except as provided under Section 22500.5, alongside curb space
authorized for the loading and unloading of passengers of a bus
engaged as a common carrier in local transportation when indicated by
a sign or red paint on the curb erected or painted by local
authorities pursuant to an ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in
charge, being used in the repair, maintenance, or inspection of the
facility.
(k) Upon a bridge, except vehicles of the authorities in charge,
being used in the repair, maintenance, or inspection of the facility,
and except that buses engaged as a common carrier in local
transportation may stop to load or unload passengers upon a bridge
where sidewalks are provided, when authorized by local authorities
pursuant to an ordinance, and except that local authorities pursuant
to an ordinance or the Department of Transportation pursuant to an
order, within their respective jurisdictions, may permit parking on
bridges having sidewalks and shoulders of sufficient width to permit
parking without interfering with the normal movement of traffic on
the roadway. Local authorities, by ordinance or resolution, may
permit parking on these bridges on state highways in their respective
jurisdictions if the ordinance or resolution is first approved in
writing by the Department of Transportation. Parking shall not be
permitted unless there are signs in place, as may be necessary, to
indicate the provisions of local ordinances or the order of the
Department of Transportation.
( l ) In front of or upon that portion of a
curb that has been cut down, lowered, or constructed to provide
wheelchair accessibility to the sidewalk.