Bill Text: CA AB2381 | 2013-2014 | Regular Session | Amended

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Bill Title: Private parking facilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-06-23 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2381 Detail]

Download: California-2013-AB2381-Amended.html

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BILL NUMBER: AB 2381	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2014

INTRODUCED BY   Assembly Member Bonilla
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 21, 2014

   An act to amend Section 21107.8 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   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
unauthorized  parking.   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. 
   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.  Section 21107.8 of the Vehicle Code is amended to read:

   21107.8.  (a) (1) Any city or county may, by ordinance or
resolution, find and declare that there are privately owned and
maintained offstreet parking facilities as described in the ordinance
or resolution within the city or county that are generally held open
for use of the public for purposes of vehicular parking. Upon
enactment by a city or county of the ordinance or resolution,
Sections 22350, 23103, and 23109 and the provisions of Division 16.5
(commencing with Section 38000) shall apply to privately owned and
maintained offstreet parking facilities, except as provided in
subdivision (b).
   (2)  (A)    If a city or county enacts an
ordinance or resolution authorized by paragraph (1), a city or county
may include in that ordinance or resolution authorization for the
operator of a privately owned and maintained offstreet parking
facility to regulate unauthorized  parking.  
parking in that facility.  
   (B) (i) If a city or county has exercised its authority pursuant
to subparagraph (A) and unauthorized parking is regulated in a
privately owned and maintained offstreet parking facility, the owner
or operator of that facility shall include in a notice of parking
violation instructions that describe the manner in which to contest
the notice of parking violation.  
   (ii) If a city or county has exercised its authority pursuant to
subparagraph (A) and unauthorized parking is regulated in a privately
owned and maintained offstreet parking facility, the owner or
operator of that facility shall not file with, or transmit to, the
department a notice of parking violation for the purpose of having
the department attempt to collect unpaid parking penalties by
refusing to issue or renew a license pursuant to Section 12808.1 or
refusing to renew the registration of a vehicle pursuant to Section
4760. 
   (b) Notwithstanding the provisions of subdivision (a), no
ordinance or resolution enacted thereunder shall apply to any
offstreet parking facility described therein unless the owner or
operator has caused to be posted in a conspicuous place at each
entrance to that offstreet parking facility a notice not less than 17
by 22 inches in size with lettering not less than one inch in
height, to the effect that the offstreet parking facility is subject
to public traffic regulations and control.
   (c) No ordinance or resolution shall be enacted under subdivision
(a) without a public hearing thereon and 10 days prior written notice
to the owner and operator of the privately owned and maintained
offstreet parking facility involved.
   (d)  Section 22507.8 may be enforced without enactment of an
ordinance or resolution as required under subdivision (a) or the
posting of a notice at each entrance to the offstreet parking
facility as required under subdivision (b).
   (e) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained offstreet parking facility subject to the provisions of
this code under this section except those provisions applicable to
private property other than by action under this section.