AB 2381, as introduced, Bonilla. Private parking facilities.
Existing law authorizes a city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities within the city or county that are generally held open for use of the public for purposes of vehicular parking and requires, upon enactment of the ordinance or resolution, that specified traffic laws apply, including those related to basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified.
This bill would authorize a city or county to include in that ordinance or resolution authorization for the operator of privately owned and maintained offstreet parking facility to regulate unauthorized parking.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21107.8 of the Vehicle Code is amended
2to read:
(a) begin insert(1)end insertbegin insert end insertAny city or county may, by ordinance or
4resolution, find and declare that there are privately owned and
P2 1maintained offstreet parking facilities as described in the ordinance
2or resolution within the city or county that are generally held open
3for use of the public for purposes of vehicular parking. Upon
4enactment by a city or county of the ordinance or resolution,
5Sections 22350, 23103, and 23109 and the provisions of Division
616.5 (commencing with Section 38000) shall apply to privately
7owned and maintained offstreet parking facilities, except as
8provided in subdivision (b).
9(2) If a city or county enacts an ordinance or resolution
10authorized by paragraph (1), a city or county may include in that
11ordinance or resolution authorization for the operator of a
12privately owned and maintained offstreet parking facility to
13regulate unauthorized parking.
14(b) Notwithstanding the provisions of subdivision (a), no
15ordinance or resolution enacted thereunder shall apply to any
16offstreet parking facility described therein unless the owner or
17operator has caused to be posted in a conspicuous place at each
18entrance to that offstreet parking facility a notice not less than 17
19by 22 inches in size with lettering not less than one inch in height,
20to the effect that the offstreet parking facility is subject to public
21traffic regulations and control.
22(c) No ordinance or resolution shall
be enacted under subdivision
23(a) without a public hearing thereon and 10 days prior written
24notice to the owner and operator of the privately owned and
25maintained offstreet parking facility involved.
26(d) Section 22507.8 may be enforced without enactment of an
27ordinance or resolution as required under subdivision (a) or the
28posting of a notice at each entrance to the offstreet parking facility
29as required under subdivision (b).
30(e) The department shall not be required to provide patrol or
31enforce any provisions of this code on any privately owned and
32maintained offstreet parking facility subject to the provisions of
33this code under this section except those provisions applicable to
34private property other than by action under this section.
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