HomeMy WebLinkAbout2019-07-09 - AGENDA REPORTS - STATE LEGISLATION: AB 516 (2)Agenda Item: 4
DATE: July 9, 2019
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 516
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 516 (Chiu) and transmit position statements to Assembly Member Chiu, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and
the League of California Cities.
BACKGROUND
In 1977, the Legislature expanded the ability to immobilize or tow a vehicle to include the
following reasons: vehicles with five or more delinquent parking tickets, vehicles with a
registration that has expired for more than six months, or vehicles parked in one location for
more than 72 hours against a local ordinance. Presumptively, these laws were expanded to allow
local agencies to enforce curbside parking ordinances to ensure safety, control congestion, and
reduce blight.
Existing law authorizes local agencies to tow a vehicle for the following reasons:
a) The vehicle is obstructing traffic;
b) The vehicle was reported as stolen;
c) The vehicle is blocking a driveway;
d) The vehicle is blocking a fire hydrant;
e) The vehicle lacks a license plate;
f) The vehicle is parked in a spot where notice was given for street cleaning, repair, or
construction purposes;
g) The vehicle is located in spots where all vehicles are prohibited from parking;
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h) The vehicle is parked at rest area for more than eight hours;
i) The vehicle has a mobile billboard advertising displayed;
j) The vehicle has five or more unpaid parking tickets or traffic tickets;
k) The vehicle was parked in one place for more than 72 hours against a local ordinance; or
1) The vehicle registration has lapsed by more than six months.
Existing law also allows a local agency to install an immobilization device, like a boot, on
vehicles for having five or more unpaid parking tickets or traffic tickets.
This bill would do the following:
a) Repeal existing law that authorizes a local agency to tow a vehicle for having five or
more delinquent parking violations;
b) Repeal existing law that authorizes a local agency to tow a vehicle that has been parked
in one place for more than 72 hours against a local ordinance;
c) Repeal existing law that authorizes a local agency to tow a vehicle with a registration that
has lapsed by more than six months; and
d) Repeal existing law allowing for an immobilization device installed on a vehicle for
having five or more unpaid parking tickets or traffic tickets.
The City of Santa Clarita (City) currently has in place parking time restrictions throughout the
City. As a key element in the City's efforts to protect the public right-of-way and secure
accessibility to various facets, the City enforces time restricted parking through the issuance of
parking warnings, parking citations, and, in some cases, the towing of the vehicle. In cases
where it is suspected that the vehicle has not moved in a determined time period, the City's
Parking Enforcement issues a warning to the vehicle, returns after 72 hours, and if the vehicle is
still present in the same location, issues a citation with a notice that states the vehicle will be
towed if still present 24 hours later. Parking Enforcement will then return 24 hours later and if
the user of the vehicle has failed to move the car after the 24 hour notice of tow, the City's
Parking Enforcement initiates the towing and impoundment of the vehicle.
From July 2018 to May 2019, the City's Parking Enforcement has towed approximately 889
vehicles, the majority of which were due to violations of the 72 -hour time limit. However other
less prevalent reasons that the City tows includes registration over six months lapsed, and
vehicles having five or more delinquent parking tickets. The City currently does not utilize
immobilization devices.
Protection of the public right-of-way allows for residents to access residential neighborhoods,
government services, local businesses, and City attractions. Ensuring residents and visitors have
access to their own homes or those of their relatives, city hall, parks, libraries, retail, and
restaurants benefit from cities adequately enforcing these basic restrictions.
Assembly Bill 516 was introduced on February 13, 2019, and passed the Assembly (49-11-20)
on May 13, 2019. Assembly Members Christy Smith and Tom Lackey did not record a vote on
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the Assembly Floor.
The City Council Legislative Committee met on June 25, 2019, and recommends that the City
Council adopt an "oppose" position on Assembly Bill 516.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 516
2. Adopt a "support" position on Assembly Bill 516
3. Take no action on Assembly Bill 516
4. Refer Assembly Bill 516 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted Fiscal Year 2019-20 budget.
ATTACHMENTS
AB 516 - Bill Text
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AMENDED IN SENATE JUNE 18, 2019
AMENDED IN ASSEMBLY MARCH 28, 2019
CALIFORNIA LEGISLATURE -2019-20 REGULAR SESSION
ASSEMBLY BILL
No. 516
Introduced by Assembly Members Chiu and Santiago
(Coauthors: Assembly Members Bonta, Chu, and Gipson)
(Coauthor: Senator Wiener)
February 13, 2019
An act to amend Sections 2810.2, 2814.2, 4000, 14602, 22651, and
40206.5 of, and to repeal Sections 22651.7, 22651.8, and 22851.1 of,
the Vehicle Gode Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 516, as amended, Chiu. Authority to remove vehicles.
Existing law authorizes a peace officer, as defined, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency _rte in which a vehicle is located, to
remove a vehicle located within the territorial limits where in which
the officer or employee may act, under designated circumstances,
including, but not limited to, when a vehicle is found upon a highway
or public land or removed pursuant to the Vehicle Code, and has been
issued 5 or more notices of parking violations to which the owner or
person in control of the vehicle has not responded within a designated
time period. Under existing law, a vehicle that has been removed and
impounded under those circumstances that is not released may be subject
to a lien sale to compensate for the costs of towage and for caring for
and keeping safe the vehicle.
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Existing law authorizes a peace officer and specified public
employees, as an alternative to removal of a vehicle, to immobilize the
vehicle with a device designed and manufactured for that purpose, if,
among other circumstances, the vehicle is found upon a highway or
public lands by the peace officer or employee and it is known to have
been issued 5 or more notices of parking violations that are delinquent
because the owner or person in control of the vehicle has not responded
to the appropriate agency within a designated time period.
This bill would delete the authority of a peace officer or public
employee, as appropriate, to remove or immobilize a vehicle under
those circumstances. The bill would alsodelete mods the authority to
remove a vehicle parked or left standing for 72 or more consecutive
hours in violation of a local ordittattee,
ordinance by
requiring the vehicle to remain parked or left standing for 10 or more
business days after a notice is affixed to the vehicle specking the date
and time after which the vehicle may be removed. The bill would repeal
the related authority to conduct a lien sale to cover towing and storage
expenses. The bill would make various conforming and technical
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) It is a fundamental and constitutional principle that a state
4 cannot take and sell the private property of its residents except
5 under limited circumstances, nor can it punish people because they
6 cannot afford to pay its fines and fees.
7 (b) It is not sound public policy to tow privately owned vehicles
8 that are safely parked, not causing traffic inconvenience, and not
9 involved in a crime. To retrieve a vehicle from a tow yard can cost
10 thousands of dollars. For people who cannot afford to pay the
11 often -astronomical fines and fees, their cars are sold and they lose
12 them permanently. Over 500,000 vehicles are sold at lien sales
13 each year in California.
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1 (c) Approximately 78 percent of Californians have to drive for
2 work or to get to work. Studies have shown that the ability to drive
3 significantly impacts employment rates, and that over the past 50
4 years, American households without cars consistently lost income.
5 For many Californians, their vehicle is their only shelter, their only
6 way to get needed medical care, or their most valuable asset.
7 (d) Towing for debt collection purposes is not cost effective. It
8 costs money for a local government to find the car, order the tow,
9 and pay a private tow company to transport it. Vehicles towed for
10 debt collection are more likely to be sold instead of reclaimed,
11 which means the tow company has to use its limited lot space to
12 store them for at least 30 days, and pay for an auction. Since
13 vehicles towed because their owners could not afford to pay fees
14 tend to be low in value, these lien sales usually fail to cover the
15 cost of the tow and storage, let alone the cost of enforcement.
16 (e) There is no public safety purpose when a local government
17 uses towing as a costly and draconian method to collect small
18 amounts of debt, and this sanction has a disproportionate impact
19 on lower income families and people of color.
20 SEC. 2. Section 2810.2 of the Vehicle Code is amended to
21 read:
22 2810.2. (a) (1) A peace officer, as described in Chapter 4.5
23 (commencing with Section 830) of Title 3 of Part 2 of the Penal
24 Code, may stop a vehicle transporting agricultural irrigation
25 supplies that are in plain view to inspect the bills of lading,
26 shipping, or delivery papers, or other evidence to determine
27 whether the driver is in legal possession of the load, if the vehicle
28 is on a rock road or unpaved road that is located in a county that
29 has elected to implement this section and the road is located as
30 follows:
31 (A) Located under the management of the Department of Parks
32 and Recreation, the Department of Fish and Wildlife, the
33 Department of Forestry and Fire Protection, the State Lands
34 Commission, a regional park district, the United States Forest
35 Service, or the federal Bureau of Land Management.
36 (B) Located within the respective ownership of a timberland
37 production zone, as defined in Chapter 6.7 (commencing with
38 Section 51100) of Part 1 of Division 1 of Title 5 of the Government
39 Code, either that is larger than 50,000 acres or for which the owner
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1 of more than 2,500 acres has given express written permission for
2 a vehicle to be stopped within that zone pursuant to this section.
3 (2) Upon reasonable belief that the driver of the vehicle is not
4 in legal possession, the law enforcement officer specified in
5 paragraph (1) shall take custody of the vehicle and load and turn
6 them over to the custody of the sheriff of the county that has elected
7 to implement this section -where in which the agricultural irrigation
8 supplies are apprehended.
9 (b) The sheriff shall receive and provide for the care and
10 safekeeping of the apprehended agricultural irrigation supplies
11 that were in plain view within the boundaries of public lands under
12 the management of the entities listed in subparagraph (A) of
13 paragraph (1) of subdivision (a) or on a timberland production
14 zone as specified in subparagraph (B) of paragraph (1) of
15 subdivision (a), and immediately, in cooperation with the
16 department, proceed with an investigation and its legal disposition.
17 (c) An expense incurred by the sheriff in the performance of
18 the sheriff's duties under this section shall be a legal charge against
19 the county.
20 (d) Except as provided in subdivision (e), a peace officer shall
21 not cause the impoundment of a vehicle at a traffic stop made
22 pursuant to subdivision (a) if the driver's only offense is a violation
23 of Section 12500.
24 (e) During the conduct of pulling a driver over in accordance
25 with subdivision (a), if the peace officer encounters a driver who
26 is in violation of Section 12500, the peace officer shall make a
27 reasonable attempt to identify the registered owner of the vehicle.
28 If the registered owner is present, or the peace officer is able to
29 identify the registered owner and obtain the registered owner's
30 authorization to release the motor vehicle to a licensed driver
31 during the vehicle stop, the vehicle shall be released to either the
32 registered owner of the vehicle if that person is a licensed driver
33 or to the licensed driver authorized by the registered owner of the
34 vehicle. If a notice to appear is issued, the name and the driver's
35 license number of the licensed driver to whom the vehicle was
36 released pursuant to this subdivision shall be listed on the officer's
37 copy of the notice to appear issued to the unlicensed driver. If a
38 vehicle cannot be released, the vehicle shall be removed pursuant
39 to subdivision -(it) (o) of Section 22651, whether a notice to appear
40 has been issued or not.
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1 (f) For purposes of this section, "agricultural irrigation supplies"
2 include agricultural irrigation water bladder and one-half inch
3 diameter or greater irrigation line.
4 (g) This section shall be implemented only in a county _rte
5 in which the board of supervisors adopts a resolution authorizing
6 the enforcement of this section.
7 SEC. 3. Section 2814.2 of the Vehicle Code is amended to
8 read:
9 2814.2. (a) A driver of a motor vehicle shall stop and submit
10 to a sobriety checkpoint inspection conducted by a law enforcement
11 agency when signs and displays are posted requiring that stop.
12 (b) Notwithstanding Section 14602.6 or 14607.6, apeace officer
13 or any other authorized person shall not cause the impoundment
14 of a vehicle at a sobriety checkpoint if the driver's only offense is
15 a violation of Section 12500.
16 (c) During the conduct of a sobriety checkpoint, if the law
17 enforcement officer encounters a driver who is in violation of
18 Section 12500, the law enforcement officer shall make a reasonable
19 attempt to identify the registered owner of the vehicle. If the
20 registered owner is present, or the officer is able to identify the
21 registered owner and obtain the registered owner's authorization
22 to release the motor vehicle to a licensed driver by the end of the
23 checkpoint, the vehicle shall be released to either the registered
24 owner of the vehicle if that person is a licensed driver or to the
25 licensed driver authorized by the registered owner of the vehicle.
26 If a notice to appear is issued, the name and driver's license number
27 of the licensed driver to whom the vehicle was released pursuant
28 to this subdivision shall be listed on the officer's copy of the notice
29 to appear issued to the unlicensed driver. When a vehicle cannot
30 be released, the vehicle shall be removed pursuant to subdivision
31 (ft) (o) of Section 22651, whether a notice to appear has been issued
32 or not.
33 SEC. 4. Section 4000 of the Vehicle Code is amended to read:
34 4000. (a) (1) Aperson shall not drive, move, or leave standing
35 upon a highway, or in an offstreet public parking facility, a motor
36 vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly,
37 unless it is registered and the appropriate fees have been paid under
38 this code or registered under the permanent trailer identification
39 program, except that an off-highway motor vehicle that displays
40 an identification plate or device issued by the department pursuant
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1 to Section 38010 may be driven, moved, or left standing in an
2 offstreet public parking facility without being registered or paying
3 registration fees.
4 (2) For purposes of this subdivision, "offstreet public parking
5 facility" means either of the following:
6 (A) Any publicly owned parking facility.
7 (B) Any privately owned parking facility for which no fee for
8 the privilege to park is charged and that is held open for the
9 common public use of retail customers.
10 (3) This subdivision does not apply to a motor vehicle stored
11 in a privately owned offstreet parking facility by, or with the
12 express permission of, the owner of the privately owned offstreet
13 parking facility.
14 (4) Beginning July 1, 2011, the enforcement of paragraph (1)
15 shall commence on the first day of the second month following
16 the month of expiration of the vehicle's registration. This paragraph
17 shall become inoperative on January 1, 2012.
18 (b) A person shall not drive, move, or leave standing upon a
19 highway a motor vehicle, as defined in Chapter 2 (commencing
20 with Section 39010) of Part 1 of Division 26 of the Health and
21 Safety Code, that has been registered in violation of Part 5
22 (commencing with Section 43000) of Division 26 of the Health
23 and Safety Code.
24 (c) Subdivisions (a) and (b) do not apply to off-highway motor
25 vehicles operated pursuant to Sections 38025 and 38026.5.
26 (d) This section does not apply, following payment of fees due
27 for registration, during the time that registration and transfer is
28 being withheld by the department pending the investigation of any
29 use tax due under the Revenue and Taxation Code.
30 (e) Subdivision (a) does not apply to a vehicle that is towed by
31 a tow truck on the order of a sheriff, marshal, or other official
32 acting pursuant to a court order or on the order of a peace officer
33 acting pursuant to this code.
34 (f) Subdivision (a) applies to a vehicle that is towed from a
35 highway or offstreet parking facility under the direction of a
36 highway service organization when that organization is providing
37 emergency roadside assistance to that vehicle. However, the
38 operator of a tow truck providing that assistance to that vehicle is
39 not responsible for the violation of subdivision (a) with respect to
40 that vehicle. The owner of an unregistered vehicle that is disabled
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1 and located on private property, shall obtain a permit from the
2 department pursuant to Section 4003 prior to having the vehicle
3 towed on the highway.
4 (g) (1) Pursuant to Section 4022 and to subparagraph (B) of
5 paragraph (3) of subdivision) (n) of Section 22651, a vehicle
6 obtained by a licensed repossessor as a release of collateral is
7 exempt from registration pursuant to this section for purposes of
8 the repossessor removing the vehicle to the repossessor's storage
9 facility or the facility of the legal owner. A law enforcement
10 agency, impounding authority, tow yard, storage facility, or any
11 other person in possession of the collateral shall release the vehicle
12 without requiring current registration and pursuant to subdivision
13 (f) of Section 14602.6.
14 (2) The legal owner of collateral shall, by operation of law and
15 without requiring further action, indemnify and hold harmless a
16 law enforcement agency, city, county, city and county, the state,
17 a tow yard, storage facility, or an impounding yard from a claim
18 arising out of the release of the collateral to a licensee, and from
19 any damage to the collateral after its release, including reasonable
20 attorney's fees and costs associated with defending a claim, if the
21 collateral was released in compliance with this subdivision.
22 (h) For purposes of this section, possession of a California
23 driver's license by the registered owner of a vehicle shall give rise
24 to a rebuttable presumption that the owner is a resident of
25 California.
26 SEC. 5. Section 14602 of the Vehicle Code is amended to read:
27 14602. In accordance with subdivision{) (o) of Section 22651,
28 a vehicle removed pursuant to subdivision (c) of Section 2814.2
29 shall be released to the registered owner or that person's agent at
30 any time the facility to which the vehicle has been removed is open
31 upon presentation of the registered owner's or agent's currently
32 valid driver's license to operate the vehicle and proof of current
33 vehicle registration.
34 SEC. 6. Section 22651 of the Vehicle Code is amended to read:
35 22651. A peace officer, as defined in Chapter 4.5 (commencing
36 with Section 830) of Title 3 of Part 2 of the Penal Code, or a
37 regularly employed and salaried employee, who is engaged in
38 directing traffic or enforcing parking laws and regulations, of a
39 city, county, or jurisdiction of a state agency _rte in which a
40 vehicle is located, may remove a vehicle located within the
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1 territorial limits where in which the officer or employee may act,
2 under the following circumstances:
3 (a) If a vehicle is left unattended upon a bridge, viaduct, or
4 causeway, or in a tube or tunnel where the vehicle constitutes an
5 obstruction to traffic.
6 (b) If a vehicle is parked or left standing upon a highway in a
7 position so as to obstruct the normal movement of traffic or in a
8 condition so as to create a hazard to other traffic upon the highway.
9 (c) If a vehicle is found upon a highway or public land and a
10 report has previously been made that the vehicle is stolen or a
11 complaint has been filed and a warrant thereon is issued charging
12 that the vehicle was embezzled.
13 (d) If a vehicle is illegally parked so as to block the entrance to
14 a private driveway and it is impractical to move the vehicle from
15 in front of the driveway to another point on the highway.
16 (e) If a vehicle is illegally parked so as to prevent access by
17 firefighting equipment to a fire hydrant and it is impracticable to
18 move the vehicle from in front of the fire hydrant to another point
19 on the highway.
20 (f) If a vehicle, except highway maintenance or construction
21 equipment, is stopped, parked, or left standing for more than four
22 hours upon the right-of-way of a freeway that has full control of
23 access and no crossings at grade and the driver, if present, cannot
24 move the vehicle under its own power.
25 (g) If the person in charge of a vehicle upon a highway or public
26 land is, by reason of physical injuries or illness, incapacitated to
27 an extent so as to be unable to provide for its custody or removal.
28 (h) (1) If an officer arrests a person driving or in control of a
29 vehicle for an alleged offense and the officer is, by this code or
30 other law, required or permitted to take, and does take, the person
31 into custody.
32 (2) If an officer serves a notice of an order of suspension or
33 revocation pursuant to Section 13388 or 13389.
34 (i) If a vehicle is found illegally parked and there are no license
35 plates or other evidence of registration displayed, the vehicle may
36 be impounded until the owner or person in control of the vehicle
37 furnishes the impounding law enforcement agency evidence of
38 identity and an address within this state where at which that
39 individual can be located.
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1 0) If a vehicle is parked or left standing upon a highway for 72
2 or more consecutive hours in violation of a local ordinance
3 authorizing removal and the vehicle remains parked or left
4 standing for 10 or more business days after a notice is affixed to
5 the vehicle specking the date of the notice, the location of the
6 vehicle, and the date and time after which the vehicle may be
7 removed.
8 e
9 (k) If a vehicle is illegally parked on a highway in violation of
10 a local ordinance forbidding standing or parking and the use of a
11 highway, or a portion thereof, is necessary for the cleaning, repair,
12 or construction of the highway, or for the installation of
13 underground utilities, and signs giving notice that the vehicle may
14 be removed are erected or placed at least 24 hours prior to the
15 removal by a local authority pursuant to the ordinance.
16)
17 (l) If the use of the highway, or a portion of the highway, is
18 authorized by a local authority for a purpose other than the normal
19 flow of traffic or for the movement of equipment, articles, or
20 structures of unusual size, and the parking of a vehicle would
21 prohibit or interfere with that use or movement, and signs giving
22 notice that the vehicle may be removed are erected or placed at
23 least 24 hours prior to the removal by a local authority pursuant
24 to the ordinance.
25 0-)
26 (m) Whenever a vehicle is parked or left standing where local
27 authorities, by resolution or ordinance, have prohibited parking
28 and have authorized the removal of vehicles. Except as provided
29 in subdivisions (u) and (v), a vehicle shall not be
30 removed unless signs are posted giving notice of the removal.
31 ftn)
32 (n) (1) If a vehicle is found or operated upon a highway, public
33 land, or an offstreet parking facility under any of the following
34 circumstances:
35 (A) With a registration that has been expired for at least six
36 months before the date it is found or operated on the highway,
37 public lands, or the offstreet parking facility.
38 (A}
39 (B) Displaying in, or upon, the vehicle, a registration card,
40 identification card, temporary receipt, license plate, special plate,
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1 registration sticker, device issued pursuant to Section 4853, or
2 permit that was not issued for that vehicle, or is not otherwise
3 lawfully used on that vehicle under this code.
4 �B)
5 (C) Displaying in, or upon, the vehicle, an altered, forged,
6 counterfeit, or falsified registration card, identification card,
7 temporary receipt, license plate, special plate, registration sticker,
8 device issued pursuant to Section 4853, or permit.
9 f C-)
10 (D) (i) The vehicle is operating using autonomous technology,
11 without the registered owner or manufacturer of the vehicle having
12 first applied for, and obtained, a valid permit that is required to
13 operate the vehicle on public roads pursuant to Section 38750, and
14 Article 3.7 (commencing with Section 227.00) and Article 3.8
15 (commencing with Section 228.00) of Title 13 of the California
16 Code of Regulations.
17 (ii) The vehicle is operating using autonomous technology after
18 the registered owner or person in control of the vehicle received
19 notice that the vehicle's permit required for the operation of the
20 vehicle pursuant to Section 38750, and Article 3.7 (commencing
21 with Section 227.00) and Article 3.8 (commencing with Section
22 228.00) of Title 13 of the California Code of Regulations is
23 suspended, terminated, or revoked.
24 (iii) For purposes of this subdivision, the terms "autonomous
25 technology" and "autonomous vehicle" have the same meanings
26 as in Section 38750.
27 (iv) This subparagraph does not provide the authority for a peace
28 officer to stop an autonomous vehicle solely for the purpose of
29 determining whether the vehicle is operating using autonomous
30 technology without a valid permit required to operate the
31 autonomous vehicle on public roads pursuant to Section 38750,
32 andArticle 3.7 (commencing with Section 227.00) andArticle 3.8
33 (commencing with Section 228.00) of Title 13 of the California
34 Code of Regulations.
35 (2) If a vehicle described in paragraph (1) is occupied, only a
36 peace officer, as defined in Chapter 4.5 (commencing with Section
37 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
38 (3) For the purposes of this subdivision, the vehicle shall be
39 released under any of the following circumstances:
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1 (A) If the vehicle has been removed pursuant to subparagraph
2 (A) or (B) (A), (B), or (C) of paragraph (1), to the registered owner
3 of, or person in control of, the vehicle only after the owner or
4 person furnishes the storing law enforcement agency with proof
5 of current registration and a valid driver's license to operate the
6 vehicle.
7 (B) If the vehicle has been removed pursuant to subparagraph
8 f) (D) of paragraph (1), to the registered owner of, or person in
9 control of, the autonomous vehicle, after the registered owner or
10 person furnishes the storing law enforcement agency with proof
11 of current registration and a valid driver's license, if required to
12 operate the autonomous vehicle, and either of the following:
13 (i) Proof of a valid permit required to operate the autonomous
14 vehicle using autonomous technology on public roads pursuant to
15 Section 38750, andArticle 3.7 (commencing with Section 227.00)
16 and Article 3.8 (commencing with Section 228.00) of Title 13 of
17 the California Code of Regulations.
18 (ii) A declaration or sworn statement to the Department of Motor
19 Vehicles that states that the autonomous vehicle will not be
20 operated using autonomous technology upon public roads without
21 first obtaining a valid permit to operate the vehicle pursuant to
22 Section 38750, andArticle 3.7 (commencing with Section 227.00)
23 and Article 3.8 (commencing with Section 228.00) of Title 13 of
24 the California Code of Regulations.
25 (C) To the legal owner or the legal owner's agency, without
26 payment of any fees, fines, or penalties for parking tickets or
27 registration and without proof of current registration, if the vehicle
28 will only be transported pursuant to the exemption specified in
29 Section 4022 and if the legal owner does all of the following:
30 (i) Pays the cost of towing and storing the vehicle.
31 (ii) Completes an affidavit in a form acceptable to the
32 impounding law enforcement agency stating that theme legal
33 owner was not in possession of the legal er vehicle at the time
34 of occurrence of an offense relating to standing or parking. A
35 vehicle released to a legal owner under this,.,mon paragraph
36 is a repossessed vehicle for purposes of disposition or sale. The
37 impounding agency has a lien on any surplus that remains upon
38 sale of the vehicle to which the registered owner is or may be
39 entitled, as security for the full amount of parking penalties for
40 any notices of parking violations issued for the vehicle and for all
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1 local administrative charges imposed pursuant to Section 22850.5.
2 Upon receipt of any surplus, the legal owner shall promptly remit
3 to, and deposit with, the agency responsible for processing notices
4 of parking violations from that surplus, the full amount of the
5 parking penalties for all notices of parking violations issued for
6 the vehicle and for all local administrative charges imposed
7 pursuant to Section 22850.5.
8 (4) The impounding agency that has a lien on the surplus that
9 remains upon the sale of a vehicle to which a registered owner is
10 entitled has a deficiency claim against the registered owner for the
11 full amount of parking penalties for any notices of parking
12 violations issued for the vehicle and for all local administrative
13 charges imposed pursuant to Section 22850.5, less the amount
14 received from the sale of the vehicle.
15 (5) As used in this subdivision, "offstreet parking facility" means
16 an offstreet facility held open for use by the public for parking
17 vehicles and includes a publicly owned facility for offstreet
18 parking, and a privately owned facility for offstreet parking if a
19 fee is not charged for the privilege to park and it is held open for
20 the common public use of retail customers.
21 fit)
22 (o) If the peace officer issues the driver of a vehicle a notice to
23 appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
24 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not
25 impounded pursuant to Section 22655.5. A vehicle so removed
26 from the highway or public land, or from private property after
27 having been on a highway or public land, shall not be released to
28 the registered owner or the owner's agent, except upon presentation
29 of the registered owner's or agent's currently valid driver's license
30 to operate the vehicle and proof of current vehicle registration, to
31 the impounding law enforcement agency, or upon order of a court.
32 fo)
33 (p) If a vehicle is parked for more than 24 hours on a portion
34 of highway that is located within the boundaries of a common
35 interest development, as defined in Section 4100 or 6534 of the
36 Civil Code, and signs, as required by paragraph (1) of subdivision
37 (a) of Section 22658 of this code, have been posted on that portion
38 of highway providing notice to drivers that vehicles parked thereon
39 for more than 24 hours will be removed at the owner's expense,
40 pursuant to a resolution or ordinance adopted by the local authority.
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(q) If a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(r) (1) If a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) Notwithstanding paragraph (1), if a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
(3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent
to a highway, utilized for the convenient, safe stopping of a vehicle
to enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway,
or upon the center divider, within seven miles of each other, then
that combination of rest areas is considered to be the same rest
area.
(s) If a peace officer issues a notice to appear for a violation of
Section 25279.
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(t) If a peace officer issues a citation for a violation of Section
11700, and the vehicle is being offered for sale.
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(u) (1) If a vehicle is a mobile billboard advertising display, as
defined in Section 395.5, and is parked or left standing in violation
of a local resolution or ordinance adopted pursuant to subdivision
(m) of Section 21100, if the registered owner of the vehicle was
previously issued a warning citation for the same offense, pursuant
to paragraph (2).
(2) Notwithstanding subdivision (a) of Section 22507, a city or
county, in lieu of posting signs noticing a local ordinance
prohibiting mobile billboard advertising displays adopted pursuant
to subdivision (m) of Section 21100, may provide notice by issuing
a warning citation advising the registered owner of the vehicle that
the owner may be subject to penalties upon a subsequent violation
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AB 516
1 of the ordinance, that may include the removal of the vehicle as
2 provided in paragraph (1). A city or county is not required to
3 provide further notice for a subsequent violation prior to the
4 enforcement of penalties for a violation of the ordinance.
5 (tr)
6 (v) (1) If a vehicle is parked or left standing in violation of a
7 local ordinance or resolution adopted pursuant to subdivision (p)
8 of Section 21100, if the registered owner of the vehicle was
9 previously issued a warning citation for the same offense, pursuant
10 to paragraph (2).
11 (2) Notwithstanding subdivision (a) of Section 22507, a city or
12 county, in lieu of posting signs noticing a local ordinance regulating
13 advertising signs adopted pursuant to subdivision (p) of Section
14 21100, may provide notice by issuing a warning citation advising
15 the registered owner of the vehicle that the owner may be subject
16 to penalties upon a subsequent violation of the ordinance that may
17 include the removal of the vehicle as provided in paragraph (1).
18 A city or county is not required to provide further notice for a
19 subsequent violation prior to the enforcement of penalties for a
20 violation of the ordinance.
21 SEC. 7. Section 22651.7 of the Vehicle Code is repealed.
22 SEC. 8. Section 22651.8 of the Vehicle Code is repealed.
23 SEC. 9. Section 22851.1 of the Vehicle Code is repealed.
24 SEC. 10. Section 40206.5 of the Vehicle Code is amended to
25 read:
26 40206.5. (a) Within 15 days of a request, by mail or in person,
27 the processing agency shall mail or otherwise provide to a person
28 who has received a notice of delinquent parking violation, or that
29 person's agent, a photostatic copy of the original notice of parking
30 violation or an electronically produced facsimile of the original
31 notice of parking violation. The issuing agency may charge a fee
32 sufficient to recover the actual cost of providing the copy, not to
33 exceed two dollars ($2). Until the issuing agency complies with a
34 request for a copy of the original notice of parking violation, the
35 processing agency may not proceed pursuant to Section 40220.
36 (b) If the description of the vehicle on the notice of parking
37 violation does not substantially match the corresponding
38 information on the registration card for that vehicle and the
39 processing agency is satisfied that the vehicle has not been
40 incorrectly described due to the intentional switching of license
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1 plates, the processing agency shall, on written request of the person
2 cancel the notice of parking violation without the necessity of an
3 appearance by that person.
4 (c) For purposes of this section, a copy of the notice of parking
5 violation may be a photostatic copy or an electronically produced
6 facsimile.
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