AB 2381, as amended, 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 unauthorizedbegin delete parking.end deletebegin insert
parking in that facility. The bill would, if a city or county has exercised that authority and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, require the owner or operator of the facility to include in a notice of parking violation instructions that describe the manner in which to contest the notice of parking violation and prohibit the owner or operator from filing with, or transmitting to, the department a notice of parking violation, as specified.end insert
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) (1) Any city or county may, by ordinance or
4resolution, find and declare that there are privately owned and
5maintained offstreet parking facilities as described in the ordinance
6or resolution within the city or county that are generally held open
7for use of the public for purposes of vehicular parking. Upon
8enactment by a city or county of the ordinance or resolution,
9Sections 22350, 23103, and 23109 and the provisions of Division
1016.5 (commencing with Section 38000) shall apply to privately
11owned and maintained offstreet parking facilities, except as
12provided in subdivision (b).
13(2) begin insert(A)end insertbegin insert end insert If a city or county enacts an ordinance or resolution
14authorized by paragraph (1), a city or county may include in that
15ordinance or resolution authorization for the operator of a privately
16owned and maintained offstreet parking facility to regulate
17unauthorizedbegin delete parking.end deletebegin insert parking in that facility.end insert
18(B) (i) If a city or county has exercised its authority pursuant
19to subparagraph (A) and unauthorized parking is regulated in a
20privately owned and maintained offstreet parking facility, the
21owner or operator of that facility shall include in a notice of
22parking violation instructions
that describe the manner in which
23to contest the notice of parking violation.
24(ii) If a city or county has exercised its authority pursuant to
25subparagraph (A) and unauthorized parking is regulated in a
26privately owned and maintained offstreet parking facility, the
27owner or operator of that facility shall not file with, or transmit
28to, the department a notice of parking violation for the purpose of
29having the department attempt to collect unpaid parking penalties
30by refusing to issue or renew a license pursuant to Section 12808.1
31or refusing to renew the registration of a vehicle pursuant to
32Section 4760.
33(b) Notwithstanding the provisions of subdivision (a), no
34ordinance or resolution enacted thereunder shall apply to any
35offstreet
parking facility described therein unless the owner or
P3 1operator has caused to be posted in a conspicuous place at each
2entrance to that offstreet parking facility a notice not less than 17
3by 22 inches in size with lettering not less than one inch in height,
4to the effect that the offstreet parking facility is subject to public
5traffic regulations and control.
6(c) No ordinance or resolution shall be enacted under subdivision
7(a) without a public hearing thereon and 10 days prior written
8notice to the owner and operator of the privately owned and
9maintained offstreet parking facility involved.
10(d) Section 22507.8 may be enforced without enactment of an
11ordinance or resolution as required under subdivision (a) or the
12posting of a notice at each entrance to the offstreet parking facility
13as
required under subdivision (b).
14(e) The department shall not be required to provide patrol or
15enforce any provisions of this code on any privately owned and
16maintained offstreet parking facility subject to the provisions of
17this code under this section except those provisions applicable to
18private property other than by action under this section.
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