Bill Text: CA AB2104 | 2011-2012 | Regular Session | Chaptered
Bill Title: Vehicles: conditions or regulations: vehicles or animals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-28 - Chaptered by Secretary of State - Chapter 724, Statutes of 2012. [AB2104 Detail]
Download: California-2011-AB2104-Chaptered.html
BILL NUMBER: AB 2104 CHAPTERED
BILL TEXT
CHAPTER 724
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2012
APPROVED BY GOVERNOR SEPTEMBER 28, 2012
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE JULY 6, 2012
AMENDED IN SENATE JUNE 21, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 25, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Gordon
FEBRUARY 23, 2012
An act to amend Section 21113 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2104, Gordon. Vehicles: conditions or regulations: vehicles or
animals.
Existing law prohibits a person from driving any vehicle or
animal, or stopping, parking, or leaving standing any vehicle or
animal, whether attended or unattended, upon the driveways, paths,
parking facilities, or grounds of specified public entities, except
with the permission of, and upon and subject to any condition or
regulation that may be imposed by, the governing body of the
specified public entity. Existing law also requires that all the
provisions of the Vehicle Code relating to traffic upon the highways,
except for those conditions imposed or regulations enacted by the
governing board, legislative body, or officer applicable to that
traffic, are applicable to the traffic upon the driveways, paths,
parking facilities, or grounds under the jurisdiction of the
specified state or local agency.
This bill would authorize a public transportation agency that
imposes any condition or regulation upon a person who parks or leaves
standing any vehicle, pursuant to these provisions, to enforce that
condition or regulation in the same manner generally provided for the
enforcement of parking regulations or designate specific employees,
for the purpose of removing the vehicle. The bill would also provide
that the public transportation agency is considered the issuing
agency for this purpose and is authorized to remove any vehicle in
the same manner as a city, county, or jurisdiction of a state agency
is authorized pursuant to specified provisions of law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21113 of the Vehicle Code is amended to read:
21113. (a) A person shall not drive any vehicle or animal, or
stop, park, or leave standing any vehicle or animal, whether attended
or unattended, upon the driveways, paths, parking facilities, or the
grounds of any public school, state university, state college, unit
of the state park system, county park, municipal airport, rapid
transit district, transit development board, transit district, joint
powers agency operating or managing a commuter rail system, or any
property under the direct control of the legislative body of a
municipality, or any state, county, or hospital district institution
or building, or any educational institution exempted, in whole or in
part, from taxation, or any harbor improvement district or harbor
district formed pursuant to Part 2 (commencing with Section 5800) or
Part 3 (commencing with Section 6000) of Division 8 of the Harbors
and Navigation Code, a district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code, or state grounds served by the Department of the
California Highway Patrol, or any property under the possession or
control of a housing authority formed pursuant to Article 2
(commencing with Section 34240) of Part 2 of Division 24 of the
Health and Safety Code, except with the permission of, and upon and
subject to any condition or regulation that may be imposed by the
legislative body of the municipality, or the governing board or
officer of the public school, state university, state college, county
park, municipal airport, rapid transit district, transit development
board, transit district, joint powers agency operating or managing a
commuter rail system, or state, county, or hospital district
institution or building, or educational institution, or harbor
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code, or
housing authority, or the Director of Parks and Recreation regarding
units of the state park system or the state agency with jurisdiction
over the grounds served by the Department of the California Highway
Patrol.
(b) A governing board, legislative body, or officer shall erect or
place appropriate signs giving notice of any special conditions or
regulations that are imposed under this section and the governing
board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the governing
board, legislative body, or officer, for examination by all
interested persons, a written statement of all those special
conditions and regulations adopted pursuant to this section.
(c) When a governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions imposed
or regulations enacted by the governing board, legislative body, or
officer applicable to the traffic, all the provisions of this code
relating to traffic upon the highways shall be applicable to the
traffic upon the driveways, paths, parking facilities, or grounds.
(d) A public transportation agency that imposes any condition or
regulation upon a person who parks or leaves standing any vehicle,
pursuant to subdivision (a), is authorized to do either of the
following:
(1) Enforce that condition or regulation in the manner provided
in Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of this code. The public transportation agency shall be
considered the issuing agency for that purpose.
(2) Designate regularly employed and salaried employees, who are
engaged in directing traffic or enforcing parking laws and
regulations, for the purpose of removing any vehicle in the same
manner as a city, county, or jurisdiction of a state agency pursuant
to Chapter 10 (commencing with Section 22650) of Division 11 of this
code.
(e) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, that had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open to
the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.
(f) A transit development board may adopt ordinances, rules, or
regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, skateboards, and roller skates on
property under the control of, or any portion of property used by,
the board.
(g) A public agency, including, but not limited to, the Regents of
the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
skateboards, and roller skates on public property under the
jurisdiction of that agency.
(h) "Housing authority," for the purposes of this section, means a
housing authority located within a county with a population of over
six million people, and any other housing authority that complies
with the requirements of this section.
(i) "Public transportation agency," for purposes of this section,
means a public agency that provides public transportation as defined
in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of
the California Constitution.
