BILL NUMBER: SB 1388	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2012
	AMENDED IN SENATE  APRIL 10, 2012

INTRODUCED BY   Senator DeSaulnier
   (Coauthors: Senators Price and Wyland)
   (Coauthors: Assembly Members Jeffries and Bonnie Lowenthal)

                        FEBRUARY 24, 2012

   An act  to amend Section 22508 of, and  to add Section
22508.5 to  ,  the Vehicle Code, relating to parking.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1388, as amended, DeSaulnier. Parking:  inoperable
 parking meters.
   Existing law  authorizes   prohibits  a
local authority  to establish   from
establishing  parking meter zones and  fix 
 fixing  the rate or fees for those zones  , except
 by ordinance. Existing law further authorizes a local authority
to, by ordinance, cause streets and highways to be marked with white
lines designating parking spaces and require vehicles to park within
the parking spaces.
   This bill would  delete the prohibition on a local authority
from fixing the rate of fees for those zones, except by ordinance,
and would  authorize a local authority to  accept payment of
parking meter fees by e-mobile device. The bill also would authorize
a local authority to  adopt an ordinance or resolution
prohibiting or restricting the parking of a vehicle at an inoperable
parking meter or inoperable parking payment center, as defined. The
bill would  also  authorize parking at an inoperable
parking meter for up to the posted time limit if no ordinance or
resolution has been adopted to prohibit it.
   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.    Sectio   n 22508 of the 
 Vehicle Code   is amended to read: 
   22508.   Local authorities   (a)  
  A local authority  shall not establish parking meter
zones  or fix the rate of fees for such zones 
except by ordinance. An ordinance establishing a parking meter zone
shall describe the area  which   that 
would be included within the zone. 
   Local authorities 
    (b)     A local authority  may by
ordinance cause streets and highways to be marked with white lines
designating parking spaces and require vehicles to park within the
parking spaces. 
   No 
    (c)     An  ordinance adopted by
 any   a  local authority pursuant to this
section with respect to any state highway shall  not  become
effective until the proposed ordinance has been submitted to and
approved in writing by the Department of Transportation. The proposed
ordinance shall be submitted to the department only by action of the
local legislative body and the proposed ordinance shall be submitted
in complete draft form. 
   Any 
    (d)     An  ordinance adopted pursuant
to this section establishing a parking meter zone or fixing rates of
fees for  such a   that  zone shall be
subject to local referendum processes in the same manner as if
 such   the  ordinance dealt with a matter
of purely local concern. 
   (e) A local authority may accept but shall not require payment of
parking meter fees by a mobile device. 
   SECTION 1.   SEC. 2.   Section 22508.5
is added to the Vehicle Code, to read:
   22508.5.  (a) Except as provided in subdivision (b), a vehicle may
park, for up to the posted time limit, in any parking space that is
subject to an inoperable parking meter or an inoperable parking
payment center.
   (b) Local authorities may, by ordinance or resolution, prohibit or
restrict the parking of vehicles at inoperable parking meters or
inoperable parking payment centers. No ordinance or resolution
adopted by a local authority pursuant to this section shall become
effective until signs or markings giving adequate notice of the
restriction or prohibition on parking have been placed at parking
locations, parking meters, or parking payment centers.
   (c) For purposes of this section:
   (1) "Inoperable parking meter" means a meter located next to and
designated for an individual parking space, which has become
inoperable and cannot accept payment in any form or cannot register
that a payment in any form has been made.
    (2) "Inoperable parking payment center" means an electronic
parking meter or pay station serving one or more parking spaces that
is closest to the space where a person has parked and  which
  that cannot accept payment in any form, cannot
register that a payment in any form has been made, or cannot issue a
receipt that is required to be displayed in a conspicuous location on
or in the vehicle.