Amended in Senate August 19, 2016

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 Section 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 begin delete parking, end delete begin insert a local authority to prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purposes of street sweeping, as specified. Existing law states the intent of the legislature that if a local authority prohibits or restricts the parking or standing of vehicles for that purpose that the local authority shall ensure that the designated street, highway, or portion thereof is promptly made available to motorists as soon as the street sweeping has concluded. end insert

begin insert

This bill would also permit a local authority to prohibit or restrict the parking or standing of vehicles as described above for other maintenance activities. The bill would instead, by January 1, 2020, require a local authority that prohibits or restricts the parking or standing of vehicles for the purposes of street sweeping or other maintenance activities to ensure that the street, highway, or portion thereof that is restricted is made available to the motorists as soon as the street sweeping or other maintenance activities have concluded.

end insert

begin insert Existing law authorizes parking, end insert 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 begin delete defined, until January 1, 2017. end delete begin insert defined. end insert 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 begin insert bill would instead authorize parking for up to two hours under the circumstances described above. The bill would provide that a violation of that conduct is subject to civil penalties and is neither an infraction nor a public offense. The end insert 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 local authority that contracts with a private entity to enforce parking regulations from begin delete promoting designated incentives end delete begin insert providing any monetary or other incentive end insert in connection with the issuance of violation notices.

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 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
begin delete sweeping. end delete begin insert sweeping or other maintenance activities. end insert 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 begin insert or
other maintenance end insert 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), begin delete it is the intent of the
Legislature that end delete begin insert by January 1, 2020, end insert 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 begin delete sweeping, end delete
begin insert sweeping or other maintenance activities, end insert the local authority, as
soon as the street sweeping begin delete has end delete begin insert or other maintenance activities
have end insert 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 begin delete the posted time
limit, end delete begin insert two hours, end insert 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 insert

(d) A violation of subdivision (a) is subject to civil penalties
and is neither an infraction nor a public offense.

end insert

SEC. 4.  

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 begin delete promote any of the
following activities end delete begin insert 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, end insert in connection with the
issuance of violation begin delete notices: end delete begin insert notices. end insert

begin delete

(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.

end delete begin delete

(b) Increase any violation fine in order to cover the cost of the
contracted enforcement service.

end delete