BILL NUMBER: AB 1336 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Eng
FEBRUARY 27, 2009
An act to add amend Section 40207 of, and
to add and repeal Article 3.6 (commencing with Section 40245)
to of 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 photograph 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 install and operate 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 photographing of parking violations
occurring in street-sweeping parking lanes during the designated
hours of street sweeping street-sweeping
operations, except when the vehicle is parked in a street-sweeping
parking lane during the designated hours of street sweeping
street-sweeping operations after the street has
already been cleaned , and . The bill also
would require the local public agency , at
least 30 days prior issuing notice of parking violations under these
provisions, to commence a program make
a public announcement of the automated parking enforcement system and
to issue only warning notices for 30 days prior to
issuing notices of parking violations during this
30-day period .
The bill would require a designated employee, who is qualified by
the local public agency, to review the digital image
photograph 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 photograph records would be confidential
and would be available only to public agencies to enforce parking
violations.
The bill would repeal these provisions as of January 1, 2015, and
would make related changes.
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 40207 of the Vehicle
Code , as amended by Section 1 of Chapter 377 of the
Statutes of 2007, is amended to read:
40207. (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section 40202
or , subdivision (a) of Section 40241,
or subdivision (a) of Section 40248, as applicable, and
Section 40203, and, additionally shall contain a notice to the
registered owner that, unless the registered owner pays the parking
penalty or contests the citation within 21 calendar days from the
date of issuance of the citation or 14 calendar days after the
mailing of the notice of delinquent parking violation or completes
and files an affidavit of nonliability which
that complies with Section 40208 or 40209, the renewal of the
vehicle registration shall be contingent upon compliance with the
notice of delinquent parking violation. If the registered owner, by
appearance or by mail, makes payment to the processing agency within
21 calendar days from the date of issuance 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. Additional fees, assessments, or other charges
shall not be added.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. Section 40207 of the Vehicle
Code , as added by Section 2 of Chapter 377 of the
Statutes of 2007, is amended to read:
40207. (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section 40202
or subdivision (a) of Section 40248, as applicable, and
Section 40203, and, additionally shall contain a notice to the
registered owner that, unless the registered owner pays the parking
penalty or contests the citation within 21 calendar days from the
date of issuance of the citation or 14 calendar days after the
mailing of the notice of delinquent parking violation or completes
and files an affidavit of nonliability which
that complies with Section 40208 or 40209, the renewal of the
vehicle registration shall be contingent upon compliance with the
notice of delinquent parking violation. If the registered owner, by
appearance or by mail, makes payment to the processing agency within
21 calendar days from the date of issuance 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. Additional fees, assessments, or other charges
shall not be added.
(b) This section shall become operative on January 1, 2012.
SECTION 1. SEC. 3. 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 Photographing 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," 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 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 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 the land designated
as a parking area on 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
install and operate 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
photographing of parking violations occurring in
street-sweeping parking lanes. The equipment shall be angled and
focused so as to capture digital images
photographs of license plates on vehicles violating designated
street-sweeping regulations and shall not unnecessarily capture
identifying images photographs of other
drivers, vehicles, or pedestrians. The equipment shall only
capture digital photographs when the automated parking enforcement
system detects the occurrence of a parking infraction.
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 At least 30 days 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. shall make a public
announcement of the automated parking enforcement system
and shall only issue warning notices during this 30-day period.
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
photographs 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 photographs 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)
(d) (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 photograph
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 photograph 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 in a manner that shall preserve the confidentiality of
any person included in the information .
(f)
(e) Notwithstanding Section 6253 of the Government
Code, or any other provision of law, the digital image
records photographs made by an automated parking
enforcement system shall be confidential. Local public agencies shall
use and allow access to these records
photographs 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 shall
include a copy of the digital photograph evidence. Except as provided
in paragraph (1) of subdivision (d) of Section 40247, 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.
40249. By January 1, 2014, a local public agency that utilizes an
automatic parking enforcement system pursuant to this article shall
collect and report to the Senate and Assembly Committees on
Judiciary, all of the following data:
(a) Number of citations issued for parking violations.
(b) Number of violations contested, and the final disposition of
those violations.
(c) An evaluation of the overall effectiveness of the program.
(d) An evaluation of the privacy implications of the system,
including a summary of any privacy-related complaints about the
system.
40249.5. This article shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.