BILL ANALYSIS
AB 1155
Page 1
Date of Hearing: January 12, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1155 (Strickland) - As Amended: January 5, 2010
SUMMARY : Makes additional traffic laws enforceable on
off-street, private parking facilities upon enactment of an
ordinance or resolution by a city or county. Specifically, this
bill :
1)Allows a city or county, by ordinance or resolution, to make
the following traffic laws enforceable in privately owned and
maintained off-street parking facilities:
a) Failing to obey a traffic control sign;
b) Throwing a substance at a vehicle;
c) Drinking an alcoholic beverage while driving a motor
vehicle;
d) Drinking an alcoholic beverage while in a motor vehicle;
e) Possessing an open container containing an alcoholic
beverage while driving a motor vehicle;
f) Operating a vehicle with a sound amplification system
that can be heard outside the vehicle from 50 or more feet;
and,
g) Permitting a child under the age of four, or under 40
pounds, to be transported in a vehicle without properly
using a child passenger restraint system.
EXISTING LAW :
1)Provides that a city or county may declare that there are
privately owned and maintained off-street parking facilities
within the city or county that are generally held open for use
of the public for purposes of vehicular parking. Upon
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enactment by a city or county of the ordinance or resolution,
specified Vehicle Code sections shall apply to privately owned
and maintained off-street parking facilities. [Vehicle Code
Section 21107.8(a).] These include:
a) The general speed law; no person shall drive a vehicle
at a speed greater than is reasonable or prudent having due
regard for weather, visibility, the traffic on, and the
surface and width of, the highway, and in no event at a
speed which endangers the safety of persons or property.
(Vehicle Code Section 22350.)
b) Reckless driving; a person who drives a vehicle in an
off-street parking facility in willful or wanton disregard
for the safety of persons or property is guilty of reckless
driving. Persons convicted of reckless driving shall be
punished by imprisonment in a county jail for not less than
five days nor more than 90 days or by a fine of not less
than $145 nor more than $1,000, or by both that fine and
imprisonment. [Vehicle Code Section 23103(b).]
c) Speed contests and exhibitions of speed; a person shall
not engage in a motor vehicle speed contest on a highway.
As used in this section, a motor vehicle speed contest
includes a motor vehicle race against another vehicle, a
clock, or other timing device, or aid or abet in any motor
vehicle speed contest. (Vehicle Code Section 23109)
2)Provides that no ordinance or resolution enacted relating to
enforcement of public traffic regulations shall apply to any
off-street parking facility unless the owner or operator has
posted in a conspicuous place at each entrance a notice not
less than 17 by 22 inches in size, with lettering not less
than one inch in height, to the effect that the off-street
parking facility is subject to public traffic regulations and
control. [Vehicle Code Section 21107.8(b).]
3)Provides that no ordinance or resolution relating to
enforcement of public traffic regulations shall be enacted
under without a public hearing and 10 days prior written
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notice to the owner and operator of the privately owned and
maintained off-street parking facility involved. [Vehicle
Code Section 21107.8(c).]
4)Provides that disabled persons' parking space laws may be
enforced without enactment of an ordinance or resolution, or
the posting of a notice at each entrance to the off-street
parking facility. [Vehicle Code Section 21107.8(d).]
5)Provides that the police department shall not be required to
provide patrol or enforce any provisions of this code on any
privately owned and maintained off-street parking facility.
[Vehicle Code Section 21107.8(e).]
6)Provides that "highway" is a way or place of whatever nature,
publicly maintained and open to the use of the public for
purposes of vehicular travel. [Vehicle Code Section 360.]
This does not include parking lots. [People v. Lopez (1987)
197 Cal. App. 3d 93, 100.]
7)Notwithstanding any other provision of law, a local authority
may adopt rules and regulations by ordinance or resolution
providing for the placement of a stop sign at any location on
a highway under its jurisdiction where the stop sign would
enhance traffic safety. [Vehicle Code 22450(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author," Currently,
there are already three sections of the Vehicle Code that law
enforcement is allowed to enforce on private parking
facilities. This bill would simply add eleven more sections
to this list of enforceable traffic regulatory laws.
"There are already requirements and procedures in place before
enforcement could occur. These requirements are that: (1)
the property owner request Vehicle Code enforcement on their
private parking lot or parking facility; (2) the city council
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approves the request by resolution or ordinance; and (3) the
proper signage as required by the Vehicle Code is posted by
the property owner.
"Some may be concerned that this bill will encourage and
embolden law enforcement to start ticketing individuals in
parking lots, but this is a mistaken belief. There are
already requirements in our codes that would require the
property owner to show clear evidence, to the City Council,
that there is a need for law enforcement on the parking lot."
2)Argument in Support : According to the League of California
Cities , "Driving under the influence, throwing objects from a
vehicle, and failing to properly use child passenger
restraints hold the same potential threat to public safety in
a private parking facility as they do on a public street,
road, or parking facility. AB 1155 would allow cities and
counties struggling with safety hazards and nuisances in
private parking facilities to address these and other illegal
activities directly rather than stopping with enforcement of
speeding, reckless driving, and racing."
REGISTERED SUPPORT / OPPOSITION :
Support
League of California Cities
Moorpark Police Department
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744