BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1388
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: desaulnier
VERSION: 2/24/12
Analysis by: Mark Stivers FISCAL: no
Hearing date: March 27, 2012
SUBJECT:
Inoperable parking meters and payment centers
DESCRIPTION:
This bill establishes a general rule that a vehicle owner may
park without penalty in any parking space for up to the posted
time limit if the parking meter or parking payment center is
inoperable but allows a city or county to adopt a different rule
if it provides adequate notice of the rule at parking locations,
parking meters, or parking payment centers.
ANALYSIS:
Under current law, a city or county may establish parking meter
zones, within which the city or county may charge for on-street
parking. Current state law does not specify whether or not a
city or county may cite a vehicle owner for parking at a broken
meter.
This bill establishes a general rule that a vehicle owner may
park without penalty in any parking space for up to the posted
time limit if the parking meter or parking payment center is
inoperable but allows a city or county to adopt a different rule
if it provides adequate notice of the rule at parking locations,
parking meters, or parking payment centers.
COMMENTS:
1.Purpose of the bill . According to the author, current state
law does not say what a motorist should do when he or she
encounters a broken parking meter. Rules change from city to
city, and cities do not always post their rules. In some
cases, motorists who assume that they may park without penalty
receive tickets. Motorists would benefit from a uniform rule
and, at a minimum, need clarity on what they should do when
the meter they have parked at is broken.
SB 1388 (DESAULNIER) Page 2
2.Current practices . In response to this bill, the League of
California Cities surveyed its members on their current
practices. Though the response was small, the league's policy
committee members indicated that the following results were
fairly representative:
Many small cities do not have parking meters at all.
In cities that do have meters, some ticket for parking
at a broken meter, and some do not.
Among cities that ticket at a broken meter, most will
dismiss the ticket unless there is some kind of pattern
that indicates mischief.
1.Concern of vandalism . The one concern with allowing parking
at broken meters is that it could encourage meter vandalism.
If parking at a broken meter is free, a driver has a financial
incentive to disable a meter. On the other hand, it is not
clear how often this occurs, and vandalism of public property
is itself a crime that carries a higher penalty than a parking
citation, a base fine up to $1,000, up to one year in jail, or
both.
2.Technical amendments .
Add Assemblymember Lowenthal as a co-author
On page 2, line 1 after "or" insert "an inoperable"
On page 2, strike lines 11-21 and insert:
(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 serving one or more parking spaces
that is closest to the space where a person has parked and
which 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 or that otherwise authorizes
parking for payment of a fee.
POSITIONS: (Communicated to the committee before noon on
Wednesday, March 21,
SB 1388 (DESAULNIER) Page 3
2012)
SUPPORT: AAA Northern California, Nevada, and Utah
(co-sponsor)
Automobile Club of Southern California
(co-sponsor)
OPPOSED: None received.