Bill Text: CA AB2305 | 2019-2020 | Regular Session | Introduced
Bill Title: Vehicles: local regulation of traffic: private roads.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-15 - From printer. May be heard in committee March 16. [AB2305 Detail]
Download: California-2019-AB2305-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2305
| Introduced by Assembly Member Ting |
February 14, 2020 |
An act to amend Sections 21107.5, 21107.6, 21107.7, and 21107.8 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2305, as introduced, Ting.
Vehicles: local regulation of traffic: private roads.
Existing law generally prohibits a local entity from passing any ordinance or code regulating any matter that is regulated by the Vehicle Code.
Existing law authorizes a local entity to declare by ordinance that there are privately owned and maintained roads within the jurisdiction that are generally held open for use by the public for vehicular travel or for vehicular travel to serve commercial establishments, or that there are privately owned and maintained offstreet parking facilities that are generally held open for use of the public for purposes of vehicular parking, or that there are privately owned and maintained roads that are not generally held open for use of the public for purposes of vehicular travel but, in the interests of any residents residing along the roads and the motoring public will best be served by application of the
provisions of the Vehicle Code to those roads. Existing law requires that, before such an ordinance is passed, a public hearing be held and notice be given to the owners or occupants of a privately owned road or parking facility 10 days before the public hearing.
This bill would increase the notice of hearing requirement to 15 days.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21107.5 of the Vehicle Code is amended to read:21107.5.
(a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained roads as described in the ordinance or resolution within the city or county that are generally held open for use by the public for vehicular travel and which so connect with highways that the public cannot determine that the roads are not highways. Upon enactment by a city or county of the ordinance or resolution, this code shall apply to the privately owned and maintained road, except as provided in subdivision (b).(b) No ordinance or resolution enacted under subdivision (a) shall apply to any road on which the owner has erected a notice of a size, shape, and color as to be readily legible during
daylight hours from a distance of 100 feet to the effect that the road is privately owned and maintained and that it is not subject to public traffic regulations or control.
(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing after 10 15 days’ written notice to the owner of the privately owned and maintained road involved.
(d) The department is not required to provide patrol or enforce any provision of this code on any privately owned and maintained road, except those provisions applicable to private property, other than pursuant to this section.
SEC. 2.
Section 21107.6 of the Vehicle Code is amended to read:21107.6.
(a) Any city or county may, by ordinance, find and declare that there are privately owned and maintained roads as described in such ordinance within the city or county which are generally held open to the public for purposes of vehicular travel to serve commercial establishments. Upon enactment by a city or county of such an ordinance, the provisions of this code shall apply to any such privately owned and maintained road. No ordinance shall be enacted under this section without a public hearing thereon and(b) Notwithstanding the provisions of subdivision (a) no ordinance enacted thereunder shall apply to any road described therein on which the owner has caused to be erected a notice of such size, shape and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the road is privately owned and maintained and that it is not subject to public traffic regulations or control.
(c) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained road subjected to the provisions of this code under this section, except those provisions applicable to private property other than by action under this section.
SEC. 3.
Section 21107.7 of the Vehicle Code is amended to read:21107.7.
(a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained roads as described in the ordinance or resolution within the city or county that are not generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of this code to those roads. No ordinance or resolution shall be enacted unless there is first filed with the city or county a petition requesting it by a majority of the owners of any privately owned and maintained road, or by at least a majority of the board of directors of a common interest development, as defined by Section 4100 or 6534 of the Civil Code, that is responsible for maintaining the road, and without a public hearing thereon and(b) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained road subjected to the provisions of this code under this section, except those provisions applicable to private property other than by action under this section.
(c) As used in this section, “privately owned and maintained roads” includes roads owned and maintained by a city, county, or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel.
SEC. 4.
Section 21107.8 of the Vehicle Code is amended to read:21107.8.
(a) (1) A city, county, or city and 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, county, or city and county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city, county, or city and 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, county, or city and county enacts an ordinance or resolution
authorized by paragraph (1), the city, county, or city and 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 in that facility.
(B) (i) If a city, county, or city and 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 parking fee invoice instructions that describe the manner in which to contest the parking fee invoice.
(ii) If a city, county, or city and 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 of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to renew the registration of a vehicle pursuant to Section 4760.
(b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted pursuant to that subdivision does not apply to an offstreet parking facility 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 moving vehicle laws and violators may be subject to a parking invoice fee.
(2) If applicable, a parking receipt distributed to drivers shall include language
explicitly stating that violators may be subject to a parking invoice fee.
(c) An ordinance or resolution shall not be enacted pursuant to subdivision (a) without a public hearing on the matter and 10
15 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 pursuant to subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required by paragraph (1) of subdivision (b).
(e) The department shall not be required to provide patrol or to enforce any provision of this code in a privately owned and maintained offstreet parking facility subject to this section except those provisions applicable to private property actions not described in this section.
(f) A city, county, or city and county that authorizes private parking regulation pursuant to this section shall, in its
ordinance or resolution, include provisions that include all of the following:
(1) Procedures for dispute resolution in accordance with Section 40215, including all of the following:
(A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal.
(B) An administrative hearing process that includes all of the following:
(i) Options for a hearing in person or by mail.
(ii) Administrative review.
(iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review.
(iv) Personal delivery or delivery by first-class mail of the examiner’s decision.
(v) Authority for the examiner to allow payment of the parking invoice fee in installments for persons showing evidence of inability to pay the parking invoice fee in full.
(2) A prohibition against incentives based on the number of invoices issued or the number or percentage of disputed invoices adjudicated that uphold parking invoice fees.
(3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine.
(4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against the use of
terminology in ordinances, resolutions, and parking fee invoices that is restricted to governmental law enforcement and a requirement that a conspicuous statement be included on parking fee invoices to the effect that “This parking invoice fee notice is not issued by the [local government].”
