Bill Text: CA SB1276 | 2023-2024 | Regular Session | Amended

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Bill Title: Vehicles: parking violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-24 - April 23 set for first hearing canceled at the request of author. [SB1276 Detail]

Download: California-2023-SB1276-Amended.html

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Amended  IN  Senate  April 11, 2024

Amended  IN  Senate  March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1276

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Introduced by Senator Archuleta

February 15, 2024

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An act to amend Sections 22508.5 and 40202 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 1276, as amended, Archuleta. Vehicles: parking violations.

Existing law allows a vehicle to park, for up to the posted time limit, in a parking space that is regulated by an inoperable parking meter or an inoperable parking payment center. Existing law defines “inoperable parking payment center” as an electronic parking meter or pay station serving one or more parking spaces that is closest to the space where a person has parked and that 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.

This bill would change the definition for an inoperable parking payment center to be clarify that it applies to an electronic parking meter or pay station designated to serve the specific parking space where a person has parked and that cannot accept payment in any form or cannot register that a payment in any form has been made. parked.

Existing law sets forth the procedures for citing a registered owner and driver, rentee, or lessee of a vehicle for a parking violation. Under existing law, if a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations is required to securely attach to the vehicle a notice of parking violation with specified information about the violation, including the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation.

This bill would, notwithstanding these provisions, authorize the issuing officer to instead issue the notice of parking violation by first-class mail, as specified. The bill would require the mailed notice to contain all the information described above. The bill would make conforming changes.

This bill would authorize a ticket to be served via first-class mail for a violation in a prohibited parking location, as specified. The bill would define “prohibited parking location” to mean a no parking area, fire zone, or loading zone. The bill would require a designated employee of a city, county, city and county, or contracted law enforcement agency for a special transit district to review photographs to determine whether a parking violation occurred prior to mailing a ticket. This bill would require the parking penalty for a registered owner who makes a payment to a processing agency, within a set timeframe, for these purposes to be limited to the original parking penalty, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 22508.5 of the Vehicle Code is amended to read:

22508.5.

 (a) A vehicle may park, for up to the posted time limit, in any a parking space that is regulated by an inoperable parking meter or an inoperable parking payment center.

(b) A vehicle may park without time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or inoperable parking payment center, subject to any other applicable regulations regarding parking vehicles.

(c) A local authority may limit parking to four hours for a parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or an inoperable parking payment center, if the local authority posts signs clearly providing notice of the time limitation applicable when that parking meter or parking payment center is inoperable.

(d) If a parking space is regulated by a parking meter or parking payment center that cannot physically accept payment, a local authority shall not issue a citation for nonpayment of parking fees notwithstanding the fact that the parking meter or parking payment center may accept payment by other nonphysical means.

(e) Except as provided in subdivision (c), a local authority shall not, by ordinance or resolution, prohibit or restrict the parking of vehicles in a space that is regulated by an inoperable parking meter or inoperable parking payment center.

(f) For purposes of this section:

(1) “Inoperable parking meter” means a meter located next to and designated for an individual parking space that 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 or pay station serving one or more parking spaces that is closest to the space designated to serve the specific parking space where a person has parked and that 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.

SEC. 2.

 Section 40202 of the Vehicle Code is amended to read:

40202.

 (a) If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle vehicle, or may elect to mail, as described in subdivision (c), a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; violated, the date, the approximate time of the violation, the location where the violation occurred, a statement printed on the notice indicating that payment is required to be made not later than 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.

(b) The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.

(c) For a violation in a prohibited parking location, a ticket may be mailed via first-class mail to the registered owner by the issuing officer, issuing agency, or processing agency.

(c)

(d) Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle served notice as provided in subdivisions (a) and (b), or the notice has been mailed pursuant to subdivision (c), the officer or issuing agency shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officer’s department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.

(d)

(e) If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner.

(e)

(f) (1) If, within 21 days after the notice of parking violation is attached to the vehicle, served pursuant to this section, the issuing officer or the issuing agency determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing.

If,

(2) If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines served pursuant to this section, it is determined that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agency’s data system. A copy of the correction shall be mailed to the registered owner of the vehicle. owner.

(f)

(g) Under no circumstances shall a personal relationship with any an officer, public official, or law enforcement agency be grounds for cancellation.

(h) For a violation mailed pursuant to subdivision (c), the registered owner shall have 30 calendar days after the mailing of the notice of parking violation to make payment. In addition to the information required in subdivision (a), the notice of a mailed violation shall also include, at a minimum, all of the following:

(1) The location of the offense.

(2) The time the vehicle parked.

(3) The time the vehicle exited.

(4) A photograph of the vehicle parked at the location of the violation.

(i) Prior to mailing a ticket, a designated employee of a city, county, city and county, or contracted law enforcement agency for a special transit district, or processing agency who is qualified by a city, county, city and county, or special transit district to issue parking citations, shall review photographs to determine whether a parking violation occurred in a prohibited parking location.

(j) If the registered owner, by appearance or by mail, makes payment to the processing agency within 30 calendar days from the date of issuance of the citation or 21 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty.

(k) Payment by mail of a parking penalty for a parking violation or late payment penalty is deemed received on the date postmarked.

(l) This section does not preclude an individual from seeking payment assistance pursuant to Section 40220, including, but not limited to, reducing the fee, utilizing a payment plan, or other assistance.

(m) For purposes of this section, a “prohibited parking location” means a no parking area, fire zone, or loading zone.

SECTION 1.Section 22508.5 of the Vehicle Code is amended to read:

22508.5.

(a)A vehicle may park, for up to the posted time limit, in any parking space that is regulated by an inoperable parking meter or an inoperable parking payment center.

(b)A vehicle may park without time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or inoperable parking payment center, subject to any other applicable regulations regarding parking vehicles.

(c)A local authority may limit parking to four hours for a parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or an inoperable parking payment center, if the local authority posts signs clearly providing notice of the time limitation applicable when that parking meter or parking payment center is inoperable.

(d)If a parking space is regulated by a parking meter or parking payment center that cannot physically accept payment, a local authority shall not issue a citation for nonpayment of parking fees notwithstanding the fact that the parking meter or parking payment center may accept payment by other nonphysical means.

(e)Except as provided in subdivision (c), a local authority shall not, by ordinance or resolution, prohibit or restrict the parking of vehicles in a space that is regulated by an inoperable parking meter or inoperable parking payment center.

(f)For purposes of this section:

(1)“Inoperable parking meter” means a meter located next to and designated for an individual parking space that 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 or pay station where a person has parked and that cannot accept payment in any form or cannot register that a payment in any form has been made.

SEC. 2.Section 40202 of the Vehicle Code is amended to read:

40202.

(a)If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated, the date, the approximate time of the violation, the location where the violation occurred, a statement printed on the notice indicating that the date payment is required to be made not be later than 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number, the color of the vehicle, and, if possible, the make of the vehicle and the registration expiration date. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.

(b)The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person or mailed to the registered owner pursuant to subdivision (g).

(c)Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subdivisions (a) and (b), or the notice has been mailed pursuant to subdivision (g), the officer or issuing agency shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officer’s department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.

(d)If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner.

(e)(1)If, within 21 days after the notice of parking violation is attached to the vehicle, or is mailed pursuant to subdivision (g), the issuing officer or the issuing agency determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing.

(2)If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agency’s data system. A copy of the correction shall be mailed to the registered owner of the vehicle.

(3)If, after a notice of parking violation is generated to be mailed to the registered owner pursuant to subdivision (g), the issuing officer determines that there was incorrect data on the notice, including, but not limited to, the date or time of the violation, the issuing officer may indicate in writing, on a form attached to the original or a copy of the notice, the necessary correction to allow for the timely entry of the notice on the processing agency’s data system. A copy of the correction shall be mailed to the registered owner of the vehicle.

(f)Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.

(g)Notwithstanding subdivisions (a) and (b) of this section, an issuing officer may elect to instead issue a notice of parking violation by first-class mail to the registered owner of the vehicle. The notice shall otherwise meet all of the requirements specified in subdivision (a). The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained in the notice.