BILL NUMBER: AB 2586 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
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 parking, 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.
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.
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. defined.
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 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 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 promoting
designated incentives providing any monetary or other
incentive 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 sweeping. sweeping or other
maintenance activities. 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 or other maintenance
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 by January 1, 2020, 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, sweeping or
other maintenance activities, the local authority, as soon as
the street sweeping has or other maintenance
activities have 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, two hours, 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.
(d) A violation of subdivision (a) is subject to civil penalties
and is neither an infraction nor a public offense.
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 promote any
of the following activities 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,
in connection with the issuance of violation notices:
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.