BILL ANALYSIS �
AB 1298
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ASSEMBLY THIRD READING
AB 1298 (Blumenfield)
As Amended April 7, 2011
Majority vote
TRANSPORTATION 11-3
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|Ayes:|Bonnie Lowenthal, | | |
| |Achadjian, Blumenfield, | | |
| |Bonilla, Buchanan, Eng, | | |
| |Furutani, Galgiani, | | |
| |Miller, Portantino, | | |
| |Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jeffries, Logue, Norby | | |
| | | | |
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SUMMARY : Authorizes a local jurisdiction to issue an ordinance
establishing a minimum distance that a vehicle must be moved to
remain in compliance with the 72-hour parking restriction.
Specifically, this bill :
1)Authorizes a local jurisdiction, by ordinance, to establish a
minimum distance that a vehicle must be moved to remain in
compliance with the 72-hour parking restriction.
2)Authorizes a local jurisdiction to impound a vehicle if it is
not moved the distance specified by the local ordinance.
EXISTING LAW :
1)Specifies that vehicles may be removed from public and private
roadways, under certain circumstances.
2)Specifies that a vehicle left standing on a highway for 72 or
more consecutive hours may be removed by a peace officer.
3)Permits local authorities to enact, by ordinance or
resolution, prohibitions or restrictions on the stopping,
parking, or standing of vehicles, including, on certain
streets or highways, or portions thereof, during all or
certain hours of the day.
AB 1298
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FISCAL EFFECT : Unknown
COMMENTS : The author has described a situation in Los Angeles
where vehicles are left parked along roadways for extended
periods of time. As the 72-hour time limit approaches (the time
after which a local authority may remove a vehicle), drivers
move the vehicles, usually only a short distance, and leave them
again for just under 72-hours. The author notes that this
happens repeatedly, resulting in vehicles remaining parked on
public roadways indefinitely. While the vehicles are cited,
they cannot, according to state law, be removed until they have
remained in place for 72 or more consecutive hours. This
practice has become common and is frustrating to local law
enforcement and citizens who report that these vehicles take up
available on-street parking, impair visibility, and often become
an attractive nuisance for vandals.
The author notes that the majority of vehicles engaging in this
practice are mobile billboards; however, other personal and
commercial vehicle owners also employ this tactic. The author
cites that the practice has continued despite the fact that law
enforcement officials issue repeated citations to offenders.
The author states that, typically, local jurisdictions would be
allowed to address this problem through the issuance of a local
ordinance specifying the distance a vehicle must be moved;
however, a recent California Supreme Court decision (O'Connell
v. City of Stockton (2007) 41 Cal. 4th 1061) provided that local
regulations are preempted by state law from setting forth the
requirement that state law specifically authorize the
establishment of the local ordinance.
This bill seeks to establish the specific authority for the
local jurisdictions to enact ordinances establishing a minimum
distance a vehicle must be moved. In doing so, local
jurisdictions would have the express authority to establish a
reasonable distance that a car must be moved to help curb the
problem of long-term vehicle storage on roadways.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
AB 1298
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FN: 0000389