AB 2586, as introduced, Gatto. Parking.
Existing law authorizes parking, for up to the posted time limit, in any parking space that is regulated by an inoperable parking meter or an inoperable parking payment center, as defined, until January 1, 2017. Existing law prohibits, until January 1, 2017, a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of vehicles under the above circumstances.
This bill would delete the January 1, 2017 date of repeal for the above provisions, and thus extend those provisions indefinitely.
This bill would prohibit a person providing valet parking services in a business district from prohibiting a vehicle from parking in any otherwise available parking space regulated by a parking meter, or from stopping or standing for the purpose of loading or unloading passengers in any space or area that has been designated for that purpose.
This bill would prohibit a local authority that contracts with a private entity to enforce parking regulations from promoting designated incentives in connection with the issuance of violation notices. The bill also would exempt the owner of a motor vehicle from paying any fine or charge, including towing and impounding fees, whether public or private, resulting from the illegal parking of the vehicle if the illegal parking was the result of third party criminal activity.
This bill would require a local authority to consider the feasibility of installing a technology capable of demand-based pricing when considering the installation of new parking technology within its jurisdiction, thereby imposing a state-mandated local program.
Because a violation of provisions relating to vehicles, with certain exceptions, is an infraction, the bill would impose a state-mandated local program by creating new infractions applicable to providers of valet parking and towing and impounding services.
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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 22507.6 of the Vehicle Code is amended
2to read:
begin insert(a)end insertbegin insert end insertLocal authorities may, by ordinance or resolution,
4prohibit or restrict the parking or standing of vehicles on designated
5streets or highways, or portions thereof, for the purpose of street
6sweeping.begin delete Noend deletebegin insert Anend insert ordinance or resolution relating to the parking
7or standing of commercial vehicles in a residential district shall
8begin insert notend insert be effective with respect to any commercial vehicle making
9
pickups or deliveries of goods, wares, or merchandise from or to
10any building or structure located on the restricted street or highway,
11or for the purpose of delivering materials to be used in the repair,
12alteration, remodeling, or reconstruction of any building or
13structure for which a building permit has previously been obtained.
14begin delete No suchend deletebegin insert Theend insert ordinance or resolution shallbegin insert notend insert be effective until
15the street or highway, or portion thereof, has been sign-posted in
16accordance with the uniform standards and specifications of the
P3 1Department of Transportation, or local authorities have caused to
2be posted in a conspicuous place at each entrance to the street a
3notice not less than 17 inches by 22 inches in size, with
lettering
4not less than one inch in height, setting forth the day or days and
5hours parking is prohibited. As used in this section, “entrance”
6means the intersection of any street or streets comprising an area
7of restricted parking for street-sweeping purposes on the same day
8or days and hours with another street or highway not subject to
9begin delete such aend deletebegin insert thatend insert parking restriction, or subject to parking restrictions
10on different days and hours.
11(b) Notwithstanding subdivision (a), it is the intent of the
12Legislature that if a local authority prohibits or restricts the
13parking or standing of vehicles on designated streets or highways,
14or portions thereof, for the purpose of street
sweeping, the local
15authority, as soon as the street sweeping has concluded, shall
16ensure that the designated streets, highways, or portions thereof
17are promptly made available to motorists, regardless of the posted
18hours.
Section 22508.5 of the Vehicle Code, as amended by
20Section 1 of Chapter 71 of the Statutes of 2013, is repealed.
(a) Except as provided in subdivision (b), a vehicle
22may park, for up to the posted time limit, in any parking space that
23is regulated by an inoperable parking meter or an inoperable
24parking payment center.
25(b) A local authority may, by ordinance or resolution, prohibit
26or restrict the parking
of vehicles in a parking space regulated by
27an inoperable parking meter or inoperable parking payment center.
28An ordinance or resolution adopted by a local authority pursuant
29to this section shall not become effective until signs or markings
30giving adequate notice of the restriction or prohibition on parking
31have been placed at parking locations, parking meters, or parking
32payment centers.
33(c) For purposes of this section:
34(1) “Inoperable parking meter” means a meter located next to
35and designated for an individual parking space, which has become
36inoperable and cannot accept payment in any form or cannot
37register that a payment in any form has been made.
38(2) “Inoperable parking payment center” means an electronic
39parking meter or pay station serving one or more parking spaces
40that is closest to the space where a
person has parked and that
P4 1cannot accept payment in any form, cannot register that a payment
2in any form has been made, or cannot issue a receipt that is required
3to be displayed in a conspicuous location on or in the vehicle.
4(d) This section shall become inoperative on January 1, 2014,
5and shall remain inoperative until January 1, 2017.
Section 22508.5 of the Vehicle Code, as added by
7Section 2 of Chapter 71 of the Statutes of 2013, is amended to
8read:
(a) A vehicle may park, for up to the posted time
10limit, in any parking space that is regulated by an inoperable
11parking meter or an inoperable parking payment center.
12(b) A local authority shall not, by ordinance or resolution,
13prohibit or restrict the parking of vehicles in a space that is
14regulated by an inoperable parking meter or inoperable parking
15payment center.
16(c) For purposes of this section:
17(1) “Inoperable parking meter” means a meter located next to
18and designated for an individual parking space, which has become
19inoperable and cannot accept payment in any form or cannot
20register that a payment in any form has been
made.
21(2) “Inoperable parking payment center” means an electronic
22parking meter or pay station serving one or more parking spaces
23that is closest to the space where a person has parked and that
24cannot accept payment in any form, cannot register that a payment
25in any form has been made, or cannot issue a receipt that is required
26to be displayed in a conspicuous location on or in the vehicle.
27(d) This section shall remain in effect only until January 1, 2017,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2017, deletes or extends that date.
Section 22508.6 is added to the Vehicle Code, to read:
A person providing valet parking services in a
32business district is prohibited from doing either of the following:
33(a) Prohibiting a vehicle from parking in an otherwise available
34parking space regulated by a parking meter.
35(b) Prohibiting a vehicle from stopping or standing for the
36purpose of loading or unloading passengers in any space or area
37that has been designated for that purpose.
Section 22508.7 is added to the Vehicle Code, to read:
A local authority, when contracting with a private
40entity to enforce parking regulations, shall not promote any of the
P5 1following activities in connection with the issuance of violation
2notices:
3(a) Provide any monetary or other incentive, such as the promise
4of a future contract for the issuance of a specified or higher number
5of violation notices.
6(b) Increase any violation fine in order to cover the cost of the
7contracted enforcement service.
Section 22527 is added to the Vehicle Code, to read:
(a) When considering the installation within its
10jurisdiction of new parking technology, a local authority shall
11consider the feasability of technology that is capable of
12demand-based pricing, and shall identify appropriate locations
13within the local authority’s jurisdiction for technology with that
14capability.
15(b) The local authority shall include a written finding regarding
16subdivision (a) before installing any new parking technology within
17its jurisdiction and shall retain a copy of that finding and post the
18finding on the local authority’s Internet Web site, if any.
Section 22528 is added to the Vehicle Code, to read:
The owner of a motor vehicle is not required to pay
21any fine or charge, including towing and impounding fees, whether
22public or private, resulting from the illegal parking of the vehicle
23if the illegal parking was the result of third party criminal activity
24and no fault of the owner of the vehicle.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution for certain
27costs that may be incurred by a local agency or school district
28because, in that regard, this act creates a new crime or infraction,
29eliminates a crime or infraction, or changes the penalty for a crime
30or infraction, within the meaning of Section 17556 of the
31Government Code, or changes the definition of a crime within the
32meaning of Section 6 of Article XIII B of the California
33Constitution.
34However, if the Commission on State Mandates determines that
35this act contains other costs mandated by the state, reimbursement
36to local agencies and school districts for those costs
shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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