BILL NUMBER: AB 1336 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Eng
FEBRUARY 27, 2009
An act to add Article 3.6 (commencing with Section 40245) to
Chapter 1 of Division 17 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1336, as amended, Eng. Vehicles: parking violations: digital
image recordings.
Existing law authorizes the City and County of San Francisco,
until January 1, 2012, to enforce parking violations in specified
transit-only traffic lanes through the use of video image evidence.
This bill would authorize a local public agency to utilize an
automated parking enforcement system that includes equipment
installed on local public agency-owned or local public
agency-operated street sweepers for the purpose of digital imaging of
parking violations occurring in street-sweeping parking lanes during
the designated hours of street sweeping operations , except
when the vehicle is parked in a street-sweeping parking lane during
the designated hours of street sweeping operations after the street
has already been cleaned, and would require the local public
agency to commence a program to issue only warning notices for 30
days prior to issuing notices of parking violations.
The bill would require a designated employee, who is qualified by
the local public agency, to review the digital image recordings for
determining whether these parking violations had occurred and to
issue a notice of a parking violation to the registered owner within
15 days of the violation pursuant to a specified procedure. The
digital image records would be confidential and would be available
only to public agencies to enforce parking violations.
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. Article 3.6 (commencing with Section 40245) is added to
Chapter 1 of Division 17 of the Vehicle Code, to read:
Article 3.6. Procedure On Photo Enforcement and Digital
Imaging of Parking Violations During Street Sweeping
40245. (a) The Legislature finds and declares all of the
following:
(1) Street sweepers operating throughout our nation and the world
remove from streets and roads unnecessary pollutants, contaminants,
chemicals, trash, and debris, which provides significant
environmental and sanitation benefits, thereby protecting the
environment and contributing to the health of people in communities
worldwide.
(2) Each year, illegally parked private cars, trucks, and service
vehicles on local streets and roads disrupt full street sweeping of
as many as three parking spaces per illegally parked vehicle,
resulting in significant debris, grease, oil, and other pollutants
being needlessly washed into the stormwater drains.
(3) A major benefit of street sweeping, especially in more
urbanized areas with higher areas of paving, is that by capturing
pollutants before they are made soluble by rainwater, the need for
stormwater treatment practices, which can be very costly when
compared to collecting pollutants before they become soluble, may be
reduced.
(4) According to an analysis by the District of Columbia
Department of Public Works, an average of 10 pounds of oil and
grease, three pounds of nitrogen and phosphorus, and up to two pounds
of heavy metals are typically removed per mile swept of local
streets and roads through street sweeping.
(5) According to an August 2004 technical report on "Trash Best
Management Practices" submitted by the County of Los Angeles
Department of Public Works, street sweeping and stricter enforcement
of no parking regulations should "be utilized to the maximum extent
practicable" to help prevent trash, litter, and other harmful
pollutants from getting into the stormwater drain system.
(6) According to a July 2007 technical report titled "Trash Total
Maximum Daily Loads for the Los Angeles River Watershed," it
identifies stormwater drain discharges as stormwater
drain discharges are the "primary source of trash" in the
waterbodies of the Los Angeles River Watershed, whereby unswept
street litter is washed through the storm drain sewers into the Los
Angeles River, the Estuary, the beaches at Long Beach, and the
Pacific Ocean.
(7) In August 2007, after extensive studies, public meetings, and
economic benefit analysis, the Los Angeles Regional Water Quality
Control Board adopted a phased-in goal of "zero" discharges of
man-made manmade trash in the Los
Angeles River Watershed by 2016, a goal that was subsequently
approved by the State Water Resources Control Board in April 2008 and
the United States Environmental Protection Agency in July 2008.
(8) Cities such as Chicago and Washington D.C. already utilize
automated parking enforcement systems mounted on their local public
agency-owned or local public agency-operated street sweepers, thereby
employing proven technology to enforce existing regulations and
improve compliance with street-sweeping regulations, which benefits
the environment by helping reduce waste and pollutants from entering
storm water stormwater drain systems.
(b) Therefore, it is the intent of the Legislature to allow local
public agency-owned or local public agency-operated street sweepers
to utilize automated parking enforcement systems to serve the public
interest by benefiting the environment, improving water quality,
decreasing stormwater drain runoff, and helping reduce ongoing
habitat deterioration.
40246. For the purposes of this article, the following terms have
the following meanings:
(a) "Local public agency" means a city, county, city and county,
district, or joint powers authority.
(b) "Street sweeper" means a mechanical vehicle that cleans
streets and roads, utilizing a broom, conveyor belt, vacuum, or
regenerative-air mechanism, among other mechanisms, to loosen, carry,
and collect debris, dust, grease, oil, metals, and other pollutants
from streets and roads.
(c) "Automated parking enforcement system" means the installation
and use of equipment that takes a digital camera-based photograph and
is linked with a violation detection system that synchronizes the
taking of the photograph with the occurrence of a parking infraction.
(d) "Street-sweeping parking lane" means any street or road
routinely cleaned by street sweepers during designated hours of
operation as indicated on schedule signs designated on both sides of
the street or road.
40247. (a) A local public agency may utilize an automated parking
enforcement system that includes the installation of equipment on
local public agency-owned or local public agency-operated street
sweepers for the purpose of digital imaging of parking violations
occurring in street-sweeping parking lanes. The equipment shall be
angled and focused so as to capture digital images of license plates
on vehicles violating designated street-sweeping regulations and
shall not unnecessarily capture identifying images of other drivers,
vehicles, or pedestrians. A citation shall be issued only
for violations captured during the designated hours of operation for
a street-sweeping parking lane. Notwithstanding subdivision
(e) of Section 40248, only a local public agency may operate an
automated parking enforcement system.
(1) A citation shall be issued only for violations captured during
the designated hours of operation for a street-sweeping parking
lane.
(2) A citation shall not be issued, under the provisions of this
article, for a vehicle that is parked on the street during the
designated hours of operation for a street-sweeping parking lane when
the vehicle is parked on the street after the street has been
cleaned by a street sweeper.
(b) Prior to issuing notices of parking violations pursuant to
subdivision (a) of Section 40248, a local public agency utilizing an
automated parking enforcement system pursuant to this article shall
commence a program to issue only warning notices for 30 days. The
local public agency shall also make a public announcement of the
automated parking enforcement system at least 30 days prior to the
commencement of issuing these notices. This subdivision does not
affect the authority of a local public agency to issue notices of
parking violations through a manual system before, during, or after
the 30-day warning period in this subdivision.
(c) A designated employee for the local public agency, who is
qualified by the local public agency to issue parking citations,
shall review digital image recordings for the purpose of determining
whether a parking violation occurred in a street-sweeping parking
lane. A violation of a statute, regulation, or ordinance governing
parking under this code, under a federal or state statute or
regulation, or under an ordinance enacted by the local public agency
occurring in a street-sweeping parking lane observed by the
designated employee in the recordings is subject to a civil penalty.
(d) The registered owner at the time of the alleged violation
shall be permitted to review the digital image evidence of the
alleged violation on the Internet or during normal business hours at
no cost.
(e) (1) Except as it may be included in court records described in
Section 68152 of the Government Code, or as provided in paragraph
(2), the digital image evidence may be retained for up to six months
from the date the information was first obtained, or 60 days after
final disposition of the citation, whichever date is later, after
which time the information shall be destroyed in a manner that shall
preserve the confidentiality of any person included in the record or
information.
(2) Notwithstanding Section 26202.6 of the Government Code,
digital image evidence from automated parking enforcement systems
that does not contain evidence of a parking violation occurring in a
street-sweeping parking lane shall be destroyed within 15 days after
the information was first obtained.
(f) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, the digital image records made by an
automated parking enforcement system shall be confidential. Local
public agencies shall use and allow access to these records only for
the purposes authorized by this article.
40248. (a) A designated employee for the local public agency
shall issue a notice of a parking violation to the registered owner
of a vehicle within 15 calendar days of the date of the violation.
The notice of violation shall set forth the violation of a statute,
regulation, or ordinance governing vehicle parking under this code,
under a federal or state statute or regulation, or under an ordinance
enacted by the local public agency occurring in a street-sweeping
parking lane, a statement indicating that payment is required within
21 calendar days from the date of citation issuance, and the
procedure for the registered owner to deposit the parking penalty or
contest the citation pursuant to Section 40215. The notice of a
parking violation shall also set forth the date, time, and location
of the violation, the vehicle license number, registration expiration
date if visible, the color of the vehicle, and, if possible, the
make of the vehicle. The notice of parking violation, or copy of the
notice, shall be considered a record kept in the ordinary course of
business of the local public agency and shall be prima facie evidence
of the facts contained in the notice. The local public agency shall
send information regarding the process for requesting review of the
digital image evidence along with the notice of parking violation.
(b) The notice of parking violation shall be served by depositing
the notice in the United States Postal Service to the registered
owner's last known address listed with the Department of Motor
Vehicles. Confidential information obtained from the Department of
Motor Vehicles for the administration or enforcement of this article
shall be held confidential, and may not be used for any other
purpose. Proof of mailing demonstrating that the notice of parking
violation was mailed to that address shall be maintained by the local
public agency. If the registered owner, by appearance or by mail,
makes payment to the processing agency or contests the violation
within either 21 calendar days from the date of mailing of the
citation, or 14 calendar days after the mailing of the notice of
delinquent parking violation, the parking penalty shall consist
solely of the amount of the original penalty.
(c) If, within 21 days after the notice of parking violation is
issued, the local public agency determines that, in the interest of
justice, the notice of parking violation should be canceled, the
local agency shall cancel the notice of parking violation pursuant to
subdivision (a) of Section 40215. The reason for the cancellation
shall be set forth in writing.
(d) Following an initial review by the local agency, and an
administrative hearing, pursuant to Section 40215, a contestant may
seek court review by filing an appeal pursuant to Section 40230.
(e) The local public agency may contract with a private vendor for
the installation and maintenance of the automated parking
enforcement system in addition to the processing of notices of
parking violations and notices of delinquent violations, if the local
public agency maintains overall control and supervision of the
automated parking enforcement system.