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, 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.
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.
end deleteBecause 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 infraction applicable to providers of valet parking 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.
end deleteThis bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
end deleteWith 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.
end deleteThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: 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:
(a) Local 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. An ordinance or resolution relating to the parking or
7standing of commercial vehicles in a residential district shall not
8be effective with respect to any commercial vehicle making pickups
9or deliveries of goods, wares, or merchandise from or to any
10building 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
P3 1structure for which a building permit has previously been obtained.
2The
ordinance or resolution shall not be effective until the street
3or highway, or portion thereof, has been sign-posted in accordance
4with the uniform standards and specifications of the Department
5of Transportation, or local authorities have caused to be posted in
6a conspicuous place at each entrance to the street a notice not less
7than 17 inches by 22 inches in size, with lettering not less than one
8inch in height, setting forth the day or days and hours parking is
9prohibited. As used in this section, “entrance” means the
10intersection of any street or streets comprising an area of restricted
11parking for street-sweeping purposes on the same day or days and
12hours with another street or highway not subject to that parking
13restriction, or subject to parking restrictions on different days and
14hours.
15(b) Notwithstanding subdivision (a), it is the
intent of the
16Legislature that if a local authority prohibits or restricts the parking
17or standing of vehicles on designated streets or highways, or
18portions thereof, for the purpose of street sweeping, the local
19authority, as soon as the street sweeping has concluded, shall ensure
20that the designated streets, highways, or portions thereof are
21promptly made available to motorists, regardless of the posted
22hours.
Section 22508.5 of the Vehicle Code, as amended by
24Section 1 of Chapter 71 of the Statutes of 2013, is repealed.
Section 22508.5 of the Vehicle Code, as added by
26Section 2 of Chapter 71 of the Statutes of 2013, is amended to
27read:
(a) A vehicle may park, for up to the posted time
29limit, in any parking space that is regulated by an inoperable
30parking meter or an inoperable parking payment center.
31(b) A local authority shall not, by ordinance or resolution,
32prohibit or restrict the parking of vehicles in a space that is
33regulated by an inoperable parking meter or inoperable parking
34payment center.
35(c) For purposes of this section:
36(1) “Inoperable parking meter” means a meter located next to
37and designated for an individual parking space, which has become
38inoperable and cannot accept
payment in any form or cannot
39register that a payment in any form has been made.
P4 1(2) “Inoperable parking payment center” means an electronic
2parking meter or pay station serving one or more parking spaces
3that is closest to the space where a person has parked and that
4cannot accept payment in any form, cannot register that a payment
5in any form has been made, or cannot issue a receipt that is required
6to be displayed in a conspicuous location on or in the vehicle.
Section 22508.6 is added to the Vehicle Code, to read:
A person providing valet parking services in a
9business district is prohibited from doing either of the following:
10(a) Prohibiting a vehicle from parking in an otherwise available
11parking space regulated by a parking meter.
12(b) Prohibiting a vehicle from stopping or standing for the
13purpose of loading or unloading passengers in any space or area
14that 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
17entity to enforce parking regulations, shall not promote any of the
18following activities in connection with the issuance of violation
19notices:
20(a) Provide any monetary or other incentive, such as the promise
21of a future contract for the issuance of a specified or higher number
22of violation notices.
23(b) Increase any violation fine in order to cover the cost of the
24contracted enforcement service.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.
Section 22527 is added to the Vehicle Code, to read:
(a) When considering the installation within its
36jurisdiction of new parking technology, a local authority shall
37consider the feasibility of technology that is capable of
38demand-based pricing, and shall identify appropriate locations
39within the local authority’s jurisdiction for technology with that
40capability.
P5 1(b) The local authority shall include a written finding regarding
2subdivision (a) before installing any new parking technology within
3its jurisdiction and shall retain a copy of that finding and post the
4finding on the local authority’s Internet Web site, if any.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution for certain
7costs that may be incurred by a local agency or school district
8because, in that regard, this act creates a new crime or infraction,
9eliminates a crime or infraction, or changes the penalty for a crime
10or infraction, within the meaning of Section 17556 of the
11Government Code, or changes the definition of a crime within the
12meaning of Section 6 of Article XIII B of the California
13Constitution.
14However, if the Commission on State Mandates determines that
15this act contains other costs mandated by the state, reimbursement
16to local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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