SB 1051, as amended, Hancock. Vehicles: parking enforcement: video image evidence.
Existing law authorizes the City and County of San Francisco (San Francisco) to enforce parking violations in specified transit-only traffic lanes through the use of video imaging, and authorizes San Francisco to install automated forward facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law requires a designated employee, who is qualified by San Francisco, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane, and to issue a notice of parking violation to a registered owner of a vehicle within 15 calendar days of the date of the violation. Existing laws makes these video image records confidential, and provides that these records are available only to public agencies to enforce parking violations. Existing law establishes the Alameda-Contra Costa Transit District.
This bill would extend these provisions to violations occurring at bus stops, as specified. The bill additionally would extend the provisions to the Alameda-Contra Costa Transit District, thereby authorizing the district to enforce parking violations in specified transit-only traffic lanes through the use of video imaging evidence and to install automated forward facing parking control devices on district-owned public transit vehicles.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco and the Alameda-Contra Costa Transit District.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 40240 of the Vehicle Code is amended
begin deleteThe end deleteCity and County
4of San Francisco and the Alameda-Contra Costa Transit District
5may install automated forward facing parking control devices on
6city-owned or district-owned public transit vehicles, as defined by
7Section 99211 of the Public Utilities Code, for the purpose of video
8imaging of parking violations occurring in transit-only traffic lanes
9or at bus stops. Citations shall be issued only for violations captured
10during the posted hours of operation for a transit-only traffic lane
11or at a bus stop. The devices shall be angled and focused so as to
12capture video images of parking violations and not unnecessarily
13capture identifying images of other drivers, vehicles, and
P3 1pedestrians. The devices shall record the date and time of the
2violation at the same time as the video images are captured.
3(b) Prior to issuing notices of parking violations pursuant to
4subdivision (a) of Section 40241, the City and County of San
5Francisco and the Alameda-Contra Costa Transit District shall
6commence a program to issue only warning notices for 30 days.
7The City and County of San Francisco and the Alameda-Contra
8Costa Transit District shall also make a public announcement of
9the program at least 30 days prior to commencement of issuing
10notices of parking violations.
11(c) A designated employee of the City and County of San
12Francisco, or a contracted law enforcement agency for the
13Alameda-Contra Costa Transit District, who is qualified by the
14city and county or the district to issue parking citations, shall
15review video image recordings for the purpose of determining
16whether a parking violation occurred in a transit-only traffic lane
17or at a bus stop. A violation of a statute, regulation, or ordinance
18governing vehicle parking under this code, under a federal or state
19statute or regulation, or under an ordinance enacted by the City
20and County of San Francisco or the Alameda-Contra Costa Transit
21District occurring in a transit-only traffic lane or at a bus stop
22observed by the designated employee in the recordings is subject
23to a civil penalty.
24(d) The registered owner shall be permitted to review the
25image evidence of the alleged violation during normal business
26hours at no cost.
27(e) (1) Except as it may be included in court records described
28in Section 68152 of the Government Code, or as provided in
29paragraph (2), the video image evidence may be retained for up
30to six months from the date the information was first obtained, or
3160 days after final disposition of the citation, whichever date is
32later, after which time the information shall be destroyed.
33(2) Notwithstanding Section 26202.6 of the Government Code,
34video image evidence from forward facing automated enforcement
35devices that does not contain evidence of a parking violation
36occurring in a transit-only traffic lane or at a bus stop shall be
37destroyed within 15 days after the information was first obtained.
38(f) Notwithstanding Section 6253 of the Government Code, or
39any other law, the video image records are confidential. Public
P4 1agencies shall use and allow access to these records only for the
2purposes authorized by this article.
12(g) For purposes of this article, “busend delete
13 stop” means a curb space authorized for the loading
14and unloading of passengers of a bus engaged as a common carrier
15in local transportation when indicated by a sign or red paint on the
16curb erected or painted by local authorities pursuant to an
18(h) For purposes of this article, “local agency”end delete
19 means the City and County of San Francisco
20and the Alameda-Contra Costa Transit District.
21(i) For purposes of this article, “transit-only traffic lane”end delete
22 means any designated transit-only
23lane on which use is restricted to mass transit vehicles, or other
24designated vehicles including taxis and vanpools, during posted
Section 40241 of the Vehicle Code is amended to read:
(a) A designated employee of the local agency,
11including a contracted law enforcement agency for the
12Alameda-Contra Costa Transit District, shall issue a notice of a
13parking violation to the registered owner of a vehicle within 15
14calendar days of the date of the violation. The notice of violation
15shall set forth the violation of a statute, regulation, or ordinance
16governing vehicle parking under this code, under a federal or state
17statute or regulation, or under an ordinance enacted by the City
18and County of San Francisco or the Alameda-Contra Costa Transit
19District occurring in a transit-only traffic lane or at a bus stop, a
20statement indicating that payment is required within 21 calendar
21days from the date of citation issuance, and the procedure for the
22registered owner, lessee, or rentee to deposit the parking penalty
23or contest the citation pursuant to Section 40215. The notice of a
24parking violation shall also set forth the date, time, and location
25of the violation, the vehicle license number, registration expiration
26date if visible, the color of the vehicle, and, if possible, the make
27of the vehicle. The notice of parking violation, or copy of the
28notice, shall be considered a record kept in the ordinary course of
29business of the City and County of San Francisco or the
30Alameda-Contra Costa Transit District and shall be prima facie
31evidence of the facts contained in the notice. The City and County
32 of San Francisco or the Alameda-Contra Costa Transit District
33shall send information regarding the process for requesting review
34of the video image evidence along with the notice of parking
36(b) The notice of parking violation shall be served by depositing
37the notice in the United States mail to the registered owner’s last
38known address listed with the Department of Motor Vehicles.
39Proof of mailing demonstrating that the notice of parking violation
40was mailed to that address shall be maintained by the local agency.
P6 1If the registered owner, by appearance or by mail, makes payment
2to the processing agency or contests the violation within either 21
3calendar days from the date of mailing of the citation, or 14
4calendar days after the mailing of the notice of delinquent parking
5violation, the parking penalty shall consist solely of the amount
6of the original penalty.
7(c) If, within 21 days after the notice of parking violation is
8issued, the local agency determines that, in the interest of justice,
9the notice of parking violation should be canceled, the local agency
10shall cancel the notice of parking violation pursuant to subdivision
11(a) of Section 40215. The reason for the cancellation shall be set
12forth in writing.
13(d) Following an initial review by the local agency, and an
14administrative hearing, pursuant to Section 40215, a contestant
15may seek court review by filing an appeal pursuant to Section
17(e) The City and County of San Francisco or the contracted law
18enforcement agency for the Alameda-Contra Costa Transit District
19 may contract with a private vendor for the processing of notices
20of parking violations and notices of delinquent violations. The
21City and County of San Francisco and the Alameda-Contra Costa
22Transit District shall maintain overall control and supervision of
The Legislature finds and declares that a special law
26is necessary and that a general law cannot be made applicable
27within the meaning of Section 16 of Article IV of the California
28Constitution because of the unique circumstances relating to
29enforcing parking violations in the City and County of San
30Francisco and the Alameda-Contra Costa Transit District.
The Legislature finds and declares that Section 1 of
33this act, which amends Section 40240 of the Vehicle Code, imposes
34a limitation on the public’s right of access to the meetings of public
35bodies or the writings of public officials and agencies within the
36meaning of Section 3 of Article I of the California Constitution.
37Pursuant to that constitutional provision, the Legislature makes
38the following findings to demonstrate the interest protected by this
39limitation and the need for protecting that interest:
P7 1In order to protect the individual privacy rights of those
2individuals depicted in video camera footage relating to parking
3violations, it is necessary that this act limit the public’s right of
4access to the images captured by an automated parking control
5device installed on City and County of San Francisco and
6Alameda-Contra Costa Transit District-owned public transit