BILL NUMBER: AB 2567 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bradford
FEBRUARY 19, 2010
An act to amend Section 40207 of, and to add and repeal Article
3.6 (commencing with Section 40245) of Chapter 1 of Division 17 of,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2567, as introduced, Bradford. Vehicles: parking violations:
digital photograph recordings.
Existing law authorizes the City and County of San Francisco,
until January 1, 2012, to enforce parking violations in specified
transit-only traffic lanes through the use of video image evidence.
This bill would authorize a local public agency to install and
operate an automated parking enforcement system on local public
agency-owned or local public agency-operated streetsweepers for the
purpose of digital photographing of street-sweeping parking
violations occurring in street-sweeping parking lanes during the
designated hours of street-sweeping operations, except when the
vehicle is parked in a street-sweeping parking lane during the
designated hours of street-sweeping operations after the street has
already been cleaned. The bill also would require the local public
agency, at least 30 days prior to issuing notice of parking
violations under these provisions, to make a public announcement of
the automated parking enforcement system and to issue only warning
notices during this 30-day period.
The bill would require a designated employee, who is qualified by
the local public agency, to review the digital photograph recordings
for determining whether these parking violations had occurred and to
issue a notice of a parking violation to the registered owner within
15 days of the violation pursuant to a specified procedure. The
digital photograph records would be confidential and would be
available only to public agencies to enforce parking violations.
The bill would repeal these provisions as of January 1, 2016, and
would make related changes.
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 40207 of the Vehicle Code, as amended by
Section 1 of Chapter 377 of the Statutes of 2007, is amended to read:
40207. (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section 40202
, subdivision (a) of Section 40241, or subdivision (a) of
Section 40241, 40248, as applicable,
and Section 40203, and, additionally shall contain a notice to the
registered owner that, unless the registered owner pays the parking
penalty or contests the citation within 21 calendar days from the
date of issuance of the citation or 14 calendar days after the
mailing of the notice of delinquent parking violation or completes
and files an affidavit of nonliability which
that complies with Section 40208 or 40209, the renewal of the
vehicle registration shall be contingent upon compliance with the
notice of delinquent parking violation. If the registered owner, by
appearance or by mail, makes payment to the processing agency within
21 calendar days from the date of issuance of the citation or 14
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. Additional fees, assessments, or other charges
shall not be added.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. Section 40207 of the Vehicle Code, as added by Section 2
of Chapter 377 of the Statutes of 2007, is amended to read:
40207. (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section 40202
or subdivision (a) of Section 40248, as applicable, and
Section 40203, and, additionally shall contain a notice to the
registered owner that, unless the registered owner pays the parking
penalty or contests the citation within 21 calendar days from the
date of issuance of the citation or 14 calendar days after the
mailing of the notice of delinquent parking violation or completes
and files an affidavit of nonliability which
that complies with Section 40208 or 40209, the renewal of the
vehicle registration shall be contingent upon compliance with the
notice of delinquent parking violation. If the registered owner, by
appearance or by mail, makes payment to the processing agency within
21 calendar days from the date of issuance of the citation or 14
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. Additional fees, assessments, or other charges
shall not be added.
(b) This section shall become operative on January 1, 2012.
SEC. 3. Article 3.6 (commencing with Section 40245) is added to
Chapter 1 of Division 17 of the Vehicle Code, to read:
Article 3.6. Procedure on Photo Enforcement and Digital
Photographing of Parking Violations During Street Sweeping
40245. (a) The Legislature finds and declares all of the
following:
(1) Streetsweepers operating throughout our nation and the world
remove from streets and roads unnecessary pollutants, contaminants,
chemicals, trash, and debris, which provides significant
environmental and sanitation benefits, thereby protecting the
environment and contributing to the health of people in communities
worldwide.
(2) Each year, illegally parked private cars, trucks, and service
vehicles on local streets and roads disrupt full street sweeping of
as many as three parking spaces per illegally parked vehicle,
resulting in significant debris, grease, oil, and other pollutants
being needlessly washed into the stormwater drains.
(3) A major benefit of street sweeping, especially in more
urbanized areas with higher areas of paving, is that by capturing
pollutants before they are made soluble by rainwater, the need for
stormwater treatment practices, which can be very costly when
compared to collecting pollutants before they become soluble, may be
reduced.
(4) According to an analysis by the District of Columbia
Department of Public Works, an average of 10 pounds of oil and
grease, three pounds of nitrogen and phosphorus, and up to two pounds
of heavy metals are typically removed per mile swept of local
streets and roads through street sweeping.
(5) According to an August 2004 technical report on "Trash Best
Management Practices" submitted by the County of Los Angeles
Department of Public Works, street sweeping and stricter enforcement
of no parking regulations should "be utilized to the maximum extent
practicable" to help prevent trash, litter, and other harmful
pollutants from getting into the stormwater drain system.
(6) According to a July 2007 technical report titled "Trash Total
Maximum Daily Loads for the Los Angeles River Watershed," stormwater
drain discharges are the "primary source of trash" in the waterbodies
of the Los Angeles River Watershed, whereby unswept street litter is
washed through the storm drain sewers into the Los Angeles River,
the Estuary, the beaches at Long Beach, and the Pacific Ocean.
(7) In August 2007, after extensive studies, public meetings, and
economic benefit analysis, the Los Angeles Regional Water Quality
Control Board adopted a phased-in goal of "zero" discharges of
manmade trash in the Los Angeles River Watershed by 2016, a goal that
was subsequently approved by the State Water Resources Control Board
in April 2008 and the United States Environmental Protection Agency
in July 2008.
(8) Cities such as Chicago and Washington D.C. already utilize
automated parking enforcement systems mounted on their local public
agency-owned or local public agency-operated streetsweepers to
enforce existing regulations and improve compliance with
street-sweeping regulations, which benefits the environment by
helping reduce waste and pollutants from entering stormwater drain
systems.
(b) Therefore, it is the intent of the Legislature to allow local
public agency-owned or local public agency-operated streetsweepers to
utilize automated parking enforcement systems for the purpose of
digital photographing of street-sweeping parking violations for
vehicles that are parked during the designated hours of operation in
a street-sweeping parking lane, thus serving the public interest by
benefiting the environment, improving water quality, decreasing
stormwater drain runoff, and helping reduce ongoing habitat
deterioration.
40246. For the purposes of this article, the following terms have
the following meanings:
(a) "Local public agency" means a city, county, city and county,
district, or joint powers authority.
(b) "Streetsweeper" means a mechanical vehicle that cleans streets
and roads, utilizing a broom, conveyor belt, vacuum, or
regenerative-air mechanism, among other mechanisms, to loosen, carry,
and collect debris, dust, grease, oil, metals, and other pollutants
from streets and roads.
(c) "Automated parking enforcement system" means the installation
and use of equipment that takes a digital camera-based photograph and
is linked with a violation detection system that synchronizes the
taking of the photograph with the occurrence of a parking infraction.
(d) "Street-sweeping parking lane" means the land designated as a
parking area on any street or road routinely cleaned by
streetsweepers during designated hours of operation as indicated on
schedule signs designated on both sides of the street or road.
40247. (a) A local public agency may install and operate an
automated parking enforcement system on local public agency-owned or
local public agency-operated streetsweepers for the purpose of
digital photographing of street-sweeping parking violations occurring
in street-sweeping parking lanes. The equipment shall be angled and
focused so as to capture digital photographs of license plates on
vehicles violating designated street-sweeping regulations and shall
not unnecessarily capture identifying photographs of other drivers,
vehicles, or pedestrians. The equipment shall only capture digital
photographs when the automated parking enforcement system detects the
occurrence of a parking infraction. Notwithstanding subdivision (e)
of Section 40248, only a local public agency may operate an automated
parking enforcement system.
(1) A citation shall be issued only for violations captured during
the designated hours of operation for a street-sweeping parking
lane.
(2) A citation shall not be issued, under the provisions of this
article, for a vehicle that is parked on the street during the
designated hours of operation for a street-sweeping parking lane when
the vehicle is parked on the street after the street has been
cleaned by a streetsweeper.
(b) At least 30 days prior to issuing notices of parking
violations pursuant to subdivision (a) of Section 40248, a local
public agency utilizing an automated parking enforcement system
pursuant to this article shall make a public announcement of the
automated parking enforcement system and shall only issue warning
notices during this 30-day period. This subdivision does not affect
the authority of a local public agency to issue notices of parking
violations through a manual system before, during, or after the
30-day warning period in this subdivision.
(c) A designated employee for the local public agency, who is
qualified by the local public agency to issue parking citations,
shall review digital photographs for the purpose of determining
whether a parking violation occurred in a street-sweeping parking
lane. A violation of a statute, regulation, or ordinance governing
parking under this code, under a federal or state statute or
regulation, or under an ordinance enacted by the local public agency
occurring in a street-sweeping parking lane observed by the
designated employee in the photographs is subject to a civil penalty.
(d) (1) Except as it may be included in court records described in
Section 68152 of the Government Code, or as provided in paragraph
(2), the digital photograph evidence may be retained for up to six
months from the date the information was first obtained, or 60 days
after final disposition of the citation, whichever date is later,
after which time the information shall be destroyed in a manner that
shall preserve the confidentiality of any person included in the
record or information.
(2) Notwithstanding Section 26202.6 of the Government Code,
digital photograph evidence from automated parking enforcement
systems that does not contain evidence of a parking violation
occurring in a street-sweeping parking lane shall be destroyed within
15 days after the information was first obtained in a manner that
shall preserve the confidentiality of any person included in the
information.
(e) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, the digital photographs made by an automated
parking enforcement system shall be confidential. Local public
agencies shall use and allow access to these photographs only for the
purposes authorized by this article.
40248. (a) A designated employee for the local public agency
shall issue a notice of a parking violation to the registered owner
of a vehicle within 15 calendar days of the date of the violation.
The notice of violation shall set forth the violation of a statute,
regulation, or ordinance governing vehicle parking under this code,
under a federal or state statute or regulation, or under an ordinance
enacted by the local public agency occurring in a street-sweeping
parking lane, a statement indicating that payment is required within
21 calendar days from the date of citation issuance, and the
procedure for the registered owner to deposit the parking penalty or
contest the citation pursuant to Section 40215. The notice of a
parking violation shall also set forth the date, time, and location
of the violation, the vehicle license number, registration expiration
date if visible, the color of the vehicle, and, if possible, the
make of the vehicle. The notice of parking violation shall include a
copy of the digital photograph evidence. Except as provided in
paragraph (1) of subdivision (d) of Section 40247, the notice of
parking violation, or copy of the notice, shall be considered a
record kept in the ordinary course of business of the local public
agency and shall be prima facie evidence of the facts contained in
the notice.
(b) The notice of parking violation shall be served by depositing
the notice in the United States Postal Service to the registered
owner's last known address listed with the Department of Motor
Vehicles. Confidential information obtained from the Department of
Motor Vehicles for the administration or enforcement of this article
shall be held confidential, and may not be used for any other
purpose. Proof of mailing demonstrating that the notice of parking
violation was mailed to that address shall be maintained by the local
public agency. If the registered owner, by appearance or by mail,
makes payment to the processing agency or contests the violation
within either 21 calendar days from the date of mailing of the
citation, or 14 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.
(c) If, within 21 days after the notice of parking violation is
issued, the local public agency determines that, in the interest of
justice, the notice of parking violation should be canceled, the
local agency shall cancel the notice of parking violation pursuant to
subdivision (a) of Section 40215. The reason for the cancellation
shall be set forth in writing.
(d) Following an initial review by the local agency, and an
administrative hearing, pursuant to Section 40215, a contestant may
seek court review by filing an appeal pursuant to Section 40230.
(e) The local public agency may contract with a private vendor for
the processing of notices of parking violations and notices of
delinquent violations, if the local public agency maintains overall
control and supervision of the automated parking enforcement system.
40249. By January 1, 2015, a local public agency that utilizes an
automatic parking enforcement system pursuant to this article shall
collect and report to the Senate and Assembly Committees on
Judiciary, all of the following data:
(a) Number of citations issued for parking violations.
(b) Number of violations contested, and the final disposition of
those violations.
(c) An evaluation of the overall effectiveness of the program.
(d) An evaluation of the privacy implications of the system,
including a summary of any privacy-related complaints about the
system.
40249.5. This article shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.