BILL NUMBER: AB 2586 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to amend Section 22507.6 of, to add Sections 22508.6,
22508.7, 22527, and 22528 and 22527 to,
and to repeal and amend Section 22508.5 of, the Vehicle Code,
relating to parking.
LEGISLATIVE COUNSEL'S DIGEST
AB 2586, as amended, 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
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 a new
infractions infraction 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 1. Section 22507.6 of the Vehicle Code is amended to read:
22507.6. (a) Local authorities may, by ordinance or resolution,
prohibit or restrict the parking or standing of vehicles on
designated streets or highways, or portions thereof, for the purpose
of street sweeping. An ordinance or resolution relating to the
parking or standing of commercial vehicles in a residential district
shall not be effective with respect to any commercial vehicle making
pickups or deliveries of goods, wares, or merchandise from or to any
building or structure located on the restricted street or highway, or
for the purpose of delivering materials to be used in the repair,
alteration, remodeling, or reconstruction of any building or
structure for which a building permit has previously been obtained.
The ordinance or resolution shall not be effective until the street
or highway, or portion thereof, has been sign-posted in accordance
with the uniform standards and specifications of the Department of
Transportation, or local authorities have caused to be posted in a
conspicuous place at each entrance to the street a notice not less
than 17 inches by 22 inches in size, with lettering not less than one
inch in height, setting forth the day or days and hours parking is
prohibited. As used in this section, "entrance" means the
intersection of any street or streets comprising an area of
restricted parking for street-sweeping purposes on the same day or
days and hours with another street or highway not subject to that
parking restriction, or subject to parking restrictions on different
days and hours.
(b) Notwithstanding subdivision (a), it is the intent of the
Legislature that if a local authority prohibits or restricts the
parking or standing of vehicles on designated streets or highways, or
portions thereof, for the purpose of street sweeping, the local
authority, as soon as the street sweeping has concluded, shall ensure
that the designated streets, highways, or portions thereof are
promptly made available to motorists, regardless of the posted hours.
SEC. 2. Section 22508.5 of the Vehicle Code, as amended by Section
1 of Chapter 71 of the Statutes of 2013, is repealed.
SEC. 3. Section 22508.5 of the Vehicle Code, as added by Section 2
of Chapter 71 of the Statutes of 2013, is amended to read:
22508.5. (a) A vehicle may park, 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.
(b) A local authority shall not, by ordinance or resolution,
prohibit or restrict the parking of vehicles in a space that is
regulated by an inoperable parking meter or inoperable parking
payment center.
(c) For purposes of this section:
(1) "Inoperable parking meter" means a meter located next to and
designated for an individual parking space, which has become
inoperable and cannot accept payment in any form or cannot register
that a payment in any form has been made.
(2) "Inoperable parking payment center" means an electronic
parking meter or pay station serving one or more parking spaces that
is closest to the space where a person has parked and that cannot
accept payment in any form, cannot register that a payment in any
form has been made, or cannot issue a receipt that is required to be
displayed in a conspicuous location on or in the vehicle.
SEC. 4. Section 22508.6 is added to the Vehicle Code, to read:
22508.6. A person providing valet parking services in a business
district is prohibited from doing either of the following:
(a) Prohibiting a vehicle from parking in an otherwise available
parking space regulated by a parking meter.
(b) Prohibiting a vehicle from stopping or standing for the
purpose of loading or unloading passengers in any space or area that
has been designated for that purpose.
SEC. 5. Section 22508.7 is added to the Vehicle Code, to read:
22508.7. A local authority, when contracting with a private
entity to enforce parking regulations, shall not promote any of the
following activities in connection with the issuance of violation
notices:
(a) Provide any monetary or other incentive, such as the promise
of a future contract for the issuance of a specified or higher number
of violation notices.
(b) Increase any violation fine in order to cover the cost of the
contracted enforcement service.
SEC. 6. Section 22527 is added to the Vehicle Code, to read:
22527. (a) When considering the installation within its
jurisdiction of new parking technology, a local authority shall
consider the feasibility of technology that is capable of
demand-based pricing, and shall identify appropriate locations within
the local authority's jurisdiction for technology with that
capability.
(b) The local authority shall include a written finding regarding
subdivision (a) before installing any new parking technology within
its jurisdiction and shall retain a copy of that finding and post the
finding on the local authority's Internet Web site, if any.
SEC. 7. Section 22528 is added to the Vehicle
Code, to read:
22528. The owner of a motor vehicle is not required to pay 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 and
no fault of the owner of the vehicle.
SEC. 8. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.