BILL ANALYSIS
AB 1336
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1336 (Eng)
As Amended September 2, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |44-24|(May 14, 2009) |SENATE: |21-18|(September 8, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: TRANS.
SUMMARY : Authorizes a local public agency to issue citations based
on photo-evidence of parking violations occurring in street-sweeping
parking lanes.
The Senate amendments :
1)Insert a sunset date of January 1, 2015 on the provisions of this
bill.
2)Require a local public agency that utilizes an automatic parking
enforcement system to collect data that documents the number of
citations issued, the number of violations contested and
subsequent disposition of the violation, an evaluation of the
overall effectiveness of the program and privacy implications of
the system and report the findings to the Senate and Assembly
Committees on Judiciary by January 1, 2014.
3)Clarify that a notice of a parking violation is to include a copy
of the digital image evidence.
4)Clarify that "digital images" or "image recordings" are to mean
"digital photographs."
5)Clarify that street-sweeping parking violations for vehicles
parked during designated hours of operation in a street-sweeping
parking lane are the only violation that will be photographed.
6)Specify that automated parking enforcement system equipment is to
capture digital photographs only when the occurrence of a parking
infraction is detected.
7)Requires that a local public agency utilizing this technology is
to make a public announcement of the automated parking enforcement
AB 1336
Page 2
system at least 30 days prior to the issuance of parking
violations and can only issue warning notices during this time
period.
8)Make other technical, non-substantive changes.
EXISTING LAW :
1)Authorizes the City and County of San Francisco, until January 1,
2012, to enforce parking violations-only traffic lanes through the
use of video image evidence.
2)Provides that videotaped records are confidential, and that public
agencies shall use the records only for law enforcement purposes
or for purposes of this bill.
3)Describes the cameras authorized to be mounted on San Francisco
city-owned public transit vehicles as "automated forwarding facing
parking control devices" and only qualified employees review the
video recordings for determining possible parking violations.
4)Requires that the notice of parking violation also include the
date, time, and location of the violation.
5)Restricts citations to be issued only for violations captured
during the posted hours of operation for a transit-only traffic
lane. Requires the devices to be angled and focused so as to
capture video images of parking violations and not unnecessarily
capture identifying images of other drivers, vehicles, and
pedestrians.
6)Requires that proof of mailing to the address of the vehicle's
registered owner be maintained by the local agency and establishes
that additional fees, assessments, or charges cannot be assessed
if the registered owner declares, under penalty of perjury, that
the notice of parking violation was not received.
7)Requires, prior to issuing notices of parking violations, the City
of San Francisco to issue only warning notices for 30 days.
Requires public notification of the program 30 days prior to
implementation.
8)Requires that video image evidence from forward facing automated
enforcement devices that does not contain evidence of a parking
violation occurring in a transit-only traffic lane to be destroyed
within 15 days after the information is first obtained.
AB 1336
Page 3
9)Make findings and declarations that generally recognize that this
bill would impinge upon the privacy rights of individuals depicted
in the videotaped records.
10)Requires the City of San Francisco to provide an evaluation of
the pilot program to the Senate and Assembly Transportation
Committees by March 1, 2011.
11)Sunsets these provisions on January 1, 2012.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version passed by the Senate.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill "would not only be
beneficial to local government, since pollutants and trash being
cleaned from our streets has proven to be environmentally effective,
but it would provide local cities the flexibility to more
efficiently use scarce resources by allowing personnel that
previously enforced street cleaning violations to be possibly
redirected to enforce other higher traffic priorities throughout the
city."
The author points out that there are "substantial environmental
benefits of routinely cleaning local streets and roads." A recent
District of Columbia Department of Public Works study showed that 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. "Street sweeping is especially critical in more urbanized
areas with higher areas of paving, since it is important to capture
pollutants before they are made soluble by rainwater."
In addition to the environmental benefits outlined by the author,
the California Public Parking Association, sponsor of this bill,
suggests that by allowing automated parking enforcement systems to
be placed on street sweepers, this bill will effectively complement
the work of existing parking enforcement personnel and help allocate
scarce resources.
In many cities parking enforcement personnel perform essential
public safety and traffic management responsibilities, including,
but not limited to, red zone violations, rush hour restrictions,
AB 1336
Page 4
limited time parking, parking meter expiration, as well as
neighborhood issues including parked driveways.
In support, the City of San Diego asserts that automated parking
enforcement would "complement the work and responsibilities of
parking personnel, help focus resources for higher priority parking
violations and other more critical transportation enforcement
demands and minimize costs associated with storm water treatment
policies."
Currently, such cities as Chicago and the District of Columbia
(Washington D.C.) utilize the automated street sweeper system, known
as SweeperCam on local public agency-owned or operated street
sweepers. The system uses photo-light sensing, character
recognition and global positioning system (GPS) technology to spot
parking scofflaws and fix their locations.
The City of Chicago approved an ordinance in 2008 and began using
the system on a limited number of street sweepers. The District of
Columbia (Washington D.C.) has used the automated technology on two
street sweepers on a trial basis. A larger implementation of the
system is expected later this year, once personnel are trained and
system glitches are fixed.
In California, use of similar automated enforcement technology is
authorizes for red light violations by a governmental agency. Last
year, usage of this technology was authorized on a pilot project
basis for the City and County of San Francisco (San Francisco) to
issue citations based on photo-evidence of transit-only lane parking
violations. The authority granted to San Francisco was contained in
AB 101 (Ma), Chapter 377, Statutes of 2008.
The provisions of this bill are modeled and crafted similarly to
provisions contained in AB 101. It is important to note that this
bill, much like the bill that it is modeled after, places safeguards
to address privacy concerns.
This bill requires that digital image evidence from forward facing
automated enforcement devices that does not contain evidence of a
violation occurring in a street sweeping parking lane to be
destroyed within 15 days after the information is first obtained.
Similar legislation: AB 101 (Ma), Chapter 377, Statutes of 2008,
authorized the City and County of San Francisco to issue citations
based on photo-evidence of transit-only lane parking violations.
AB 1336
Page 5
SB 1136 (Kopp), Chapter 54, Statutes of 1998, repealed the January
1, 1999, sunset date, and extended indefinitely provisions which
allow the use of automated enforcement systems at official traffic
control signals.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916) 319-2093
FN:
0002876