BILL ANALYSIS
AB 1155
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Date of Hearing: January 14, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1155 (Strickland) - As Amended: January 5, 2010
SUBJECT : Private parking facilities
SUMMARY : Makes certain traffic laws enforceable on off-street,
private parking facilities upon enactment of an ordinance or
resolution by a city or county. Specifically, this bill :
Allows a city or county, by ordinance or resolution, to make the
following violations of traffic laws enforceable in privately
owned and maintained off-street parking facilities:
1)Failing to obey a traffic control sign or signal.
2)Throwing a substance at a vehicle.
3)Drinking an alcoholic beverage while driving a motor vehicle.
4)Drinking an alcoholic beverage while in a motor vehicle.
5)Possessing an open container containing an alcoholic beverage
while driving a motor vehicle.
6)Operating a vehicle with a sound amplification system that can
be heard outside the vehicle from 50 or more feet.
7)Permitting a child who is not at least six years old or 60
pounds to be transported in a vehicle without properly using a
child passenger restraint system.
EXISTING LAW :
1)Allows cities and counties to enact ordinances or resolutions
applying specified Vehicle Code provisions to privately owned
and maintained off-street parking facilities within their
respective jurisdictions, including:
a) The general speed law, which prohibits driving a vehicle
at a speed greater than is reasonable or prudent having due
regard for weather, visibility, the traffic on, and the
AB 1155
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surface and width of, the highway, and in no event at a
speed which endangers the safety of persons or property.
b) Reckless driving, whereby a person drives a vehicle in
willful or wanton disregard for the safety of persons or
property.
c) Speed contests and exhibitions of speed.
2)Prohibits any ordinance or resolution enacted relating to
enforcement of public traffic regulations from applying 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.
3)Prohibits any ordinance or resolution relating to enforcement
of public traffic regulations to be enacted under without a
public hearing and 10 days prior written notice to the owner
and operator of the privately owned and maintained off-street
parking facility involved.
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.
5)Provides that a police department may not be required to
provide patrol or enforce any provisions of the Vehicle Code
on any privately owned and maintained off-street parking
facility.
6)Defines a "highway" as a way or place, of whatever nature,
publicly maintained and open to the use of the public for
purposes of vehicular travel. This definition does not extend
to parking lots.
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FISCAL EFFECT : Unknown
COMMENTS : 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 (additional) 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 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."
Writing in support, the League of California Cities adds,
"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
AB 1155
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None
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093