Amended in Senate June 30, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2586

Introduced by Assembly Member Gatto

February 19, 2016

An act to amend Section 22507.6 of, to add begin delete Sections 22508.6 and end delete begin insert Section end insert 22508.7 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, date of repeal for the above provisions, and thus extend those provisions indefinitely.

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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.

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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.

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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 infraction applicable to providers of valet parking services.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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.

begin delete

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.

end delete

begin delete SEC. 5. end delete

begin insert SEC. 4. end insert   

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.

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SEC. 6.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.

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