HomeMy WebLinkAboutAgenda Report - August 7, 2019 C-18AGENDA ITEM c-\8
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Receive Report Regarding Communication Pertaining to Assembly B¡ll 516 (Chiu)
Authority to Remove Vehicles
August 7,2019
City Clerk
RECOMMENDED ACTION Receive report regarding communication pertainíng to Assembly
Bill 516 (Chiu) Authority to Remove Vehicles.
BACKGROUND INFORMATION: The City received a request for communication from the League of
California Cities regarding Assembly Bill (AB) 516 (Chiu) Authority
to Remove Vehicles. There was a need to send a letter of
opposition immediately in light of a pending hearing.
AB 516 would eliminate the ability for the City to adequately enforce state and local vehicle violations. lt
would eliminate enforcement tools to address motorists who disregard basic laws designed to benefit our
entire community. Specifically, the measure would eliminate the ability for the City of Lodi to "immobilize,"
or place a boot on a vehicle, for motorists who have five or more unpaid parking tickets; remove vehicles
with expired registration that are operating illegally; and remove vehicles in violation of parking time
restrictions.
The attached letter, electronically signed by the Mayor, was sent on July 16,2019. A copy of the initial
request, along with the text of the bill is also attached. This report is provided for informational purposes
only, pursuant to policy.
FISCAL IMPAGT:Not applicable
FUNDING AVAILABLE: Not applicable
ifer M
Clerk
APPROVED:
, City Manager
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CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
2015 “Wine Region of the Year”
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk@lodi.gov
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
July 16, 2019
The Honorable Nancy Skinner
Chair, Senate Public Safety
California State Capitol, Room 2031
Sacramento, CA 95814
RE: AB 516 (Chiu) Authority to Remove Vehicles. Notice of Opposition
The City of Lodi is opposed to AB 516 (Chiu), a measure that would eliminate the ability for
our City to adequately enforce state and local vehicle violations.
AB 516 would eliminate enforcement tools to address motorists who disregard basic laws
designed to benefit our entire community. Specifically, the measure would eliminate the ability
for the City of Lodi to:
“Immobilize,” or place a boot on a vehicle, for motorists who have five or more unpaid
parking tickets;
Remove vehicles with expired registration that are operating illegally; and
Remove vehicles in violation of parking time restrictions.
The authority to remove vehicles that are operating unlawfully for failing to register within six
months is an essential enforcement tool for violation of state and local laws aimed at requiring
insurance, keeping our air clean, our storm drains free of pollution, and our streets safe.
Motorists that allow their vehicle registration to expire for more than six months are not only in
gross violation of state law, but are rejecting their basic responsibility to pay for various
programs and services collected with their registration.
It is key to note that the 72-hour parking enforcement notice is usually triggered by a
complaint from a local resident or business when cars appear abandoned or haven’t moved
for an extended period of time. By the time our City responds, more than 72 hours have
typically elapsed, when a notice is thereby issued for the vehicle to move. Compliance costs
nothing and can simply involve moving a vehicle to a more acceptable location to avoid a tow.
By the time a tow is actually enforced, a vehicle has likely remained unmoved for days and
possibly weeks.
The approach in AB 516 rewards people who fail to pay their parking tickets, register their
vehicles, or adhere to reasonable policies aimed at preventing abandonment and/or street
storage of vehicles, regardless of income. Eliminating proportional consequences for these
sorts of vehicle violations will exacerbate parking scarcity by creating an environment
vulnerable for exploitation. This bill, coupled with efforts by the state aimed at eliminating local
parking minimums, will create quality of life concerns across income demographics in California.
For these reasons, the City of Lodi opposes AB 516.
Sincerely,
/s/ Mark Chandler
Mark Chandler
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 319-2109
Stephen Qualls, League of California Cities, squalls@cacities.org
Meg Desmond, League of California Cities, cityletters@cacities.org
1
Jennifer Ferraiolo
From:Stephen R. Qualls <squalls@cacities.org>
Sent:Tuesday, July 9, 2019 6:46 PM
To:Jennifer Ferraiolo
Subject:Re: [External Sender] FW: AB516
Attachments:image003.png; image004.png; AB 516 (Chiu) - City Oppose - SAMPLE Sen PS.docx;
ACTION ALERT SB 516 (Chiu) Authority to remove vehicles.docx
?
I'm sorry, I was on vacation and missed this.
Here you go.
Thank you,
Stephen Qualls
Central Valley Division Regional Public Affairs Manager League of California Cities c. 209‐614‐0118 f. 209‐883‐0653
squalls@cacities.org | www.cacities.org<http://www.cacities.org/>
[https://mail.cacities.org/owa/service.svc/s/GetFileAttachment?id=AAMkAGQ4NTA3Yzk5LWVlN2EtNGQ4ZS1hNTdmLTY
zODc0YzAyNDgyYwBGAAAAAACy8fHTR2LKSbH7v1WA%2BKroBwCJIF8QxE1YR5pVkCgOVZ7pAAAGc5DHAADGxtFp%2FTp
ES6fDhvAjeU66AAIIIL4kAAABEgAQAD6NdUlq8whBs9zfQMLA5yc%3D&X‐OWA‐
CANARY=hxv1q04hykKYe12WqqEukbTKZomgttUIWwOILzvadm9U5P8sapIDPzx6cvavA5‐yIysJJUqRMDs.]
________________________________
From: Jennifer Ferraiolo <jferraiolo@lodi.gov>
Sent: Tuesday, July 9, 2019 4:26 PM
To: Stephen R. Qualls
Subject: [External Sender] FW: AB516
Just following up on this. Lodi would like to do a letter. Do you have a sample?
[cid:image004.png@01D53673.217F7DC0]
From: Jennifer Ferraiolo
Sent: Monday, June 24, 2019 3:35 PM
To: 'Stephen R. Qualls' <squalls@cacities.org>
Subject: AB516
Do you have a sample letter on AB516?
[cid:image003.png@01D52AA2.6D9D6DC0]
2
CAUTION: This email originated from outside our organization. Exercise caution when replying, opening attachments or
clicking links.
AMENDED IN SENATE JULY 2, 2019
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 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 in which a vehicle is located, to remove
a vehicle located within the territorial limits 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
96
compensate for the costs of towage and for caring for and keeping safe
the vehicle.
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 also modify the authority to remove
a vehicle parked or left standing for 72 or more consecutive hours in
violation of a local ordinance by requiring the vehicle to remain parked
or left standing for 10 5 or more business days after a notice is affixed
to the vehicle specifying the date and time after which the vehicle may
be removed. The bill would also require the notice to include specified
information. 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.
By requiring local authorities to provide specified information on
parking notices, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) It is a fundamental and constitutional principle that a state
line 4 cannot take and sell the private property of its residents except
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— 2 — AB 516
line 1 under limited circumstances, nor can it punish people because they
line 2 cannot afford to pay its fines and fees.
line 3 (b) It is not sound public policy to tow privately owned vehicles
line 4 that are safely parked, not causing traffic inconvenience, and not
line 5 involved in a crime. To retrieve a vehicle from a tow yard can cost
line 6 thousands of dollars. For people who cannot afford to pay the
line 7 often-astronomical often astronomical fines and fees, their cars
line 8 are sold and they lose them permanently. Over 500,000 vehicles
line 9 are sold at lien sales each year in California.
line 10 (c) Approximately 78 percent of Californians have to drive for
line 11 work or to get to work. Studies have shown that the ability to drive
line 12 significantly impacts employment rates, and that over the past 50
line 13 years, American households without cars consistently lost income.
line 14 For many Californians, their vehicle is their only shelter, their only
line 15 way to get needed medical care, or their most valuable asset.
line 16 (d) Towing for debt collection purposes is not cost effective. It
line 17 costs money for a local government to find the car, order the tow,
line 18 and pay a private tow company to transport it. Vehicles towed for
line 19 debt collection are more likely to be sold instead of reclaimed,
line 20 which means the tow company has to use its limited lot space to
line 21 store them for at least 30 days, and pay for an auction. Since
line 22 vehicles towed because their owners could not afford to pay fees
line 23 tend to be low in value, these lien sales usually fail to cover the
line 24 cost of the tow and storage, let alone the cost of enforcement.
line 25 (e) There is no public safety purpose when a local government
line 26 uses towing as a costly and draconian method to collect small
line 27 amounts of debt, and this sanction has a disproportionate impact
line 28 on lower income families and people of color.
line 29 SEC. 2. Section 2810.2 of the Vehicle Code is amended to
line 30 read:
line 31 2810.2. (a) (1) A peace officer, as described in Chapter 4.5
line 32 (commencing with Section 830) of Title 3 of Part 2 of the Penal
line 33 Code, may stop a vehicle transporting agricultural irrigation
line 34 supplies that are in plain view to inspect the bills of lading,
line 35 shipping, or delivery papers, or other evidence to determine
line 36 whether the driver is in legal possession of the load, if the vehicle
line 37 is on a rock road or unpaved road that is located in a county that
line 38 has elected to implement this section and the road is located as
line 39 follows:
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AB 516 — 3 —
line 1 (A) Located under the management of the Department of Parks
line 2 and Recreation, the Department of Fish and Wildlife, the
line 3 Department of Forestry and Fire Protection, the State Lands
line 4 Commission, a regional park district, the United States Forest
line 5 Service, or the federal Bureau of Land Management.
line 6 (B) Located within the respective ownership of a timberland
line 7 production zone, as defined in Chapter 6.7 (commencing with
line 8 Section 51100) of Part 1 of Division 1 of Title 5 of the Government
line 9 Code, either that is larger than 50,000 acres or for which the owner
line 10 of more than 2,500 acres has given express written permission for
line 11 a vehicle to be stopped within that zone pursuant to this section.
line 12 (2) Upon reasonable belief that the driver of the vehicle is not
line 13 in legal possession, the law enforcement officer specified in
line 14 paragraph (1) shall take custody of the vehicle and load and turn
line 15 them over to the custody of the sheriff of the county that has elected
line 16 to implement this section in which the agricultural irrigation
line 17 supplies are apprehended.
line 18 (b) The sheriff shall receive and provide for the care and
line 19 safekeeping of the apprehended agricultural irrigation supplies
line 20 that were in plain view within the boundaries of public lands under
line 21 the management of the entities listed in subparagraph (A) of
line 22 paragraph (1) of subdivision (a) or on a timberland production
line 23 zone as specified in subparagraph (B) of paragraph (1) of
line 24 subdivision (a), and immediately, in cooperation with the
line 25 department, proceed with an investigation and its legal disposition.
line 26 (c) An expense incurred by the sheriff in the performance of
line 27 the sheriff ’s duties under this section shall be a legal charge against
line 28 the county.
line 29 (d) Except as provided in subdivision (e), a peace officer shall
line 30 not cause the impoundment of a vehicle at a traffic stop made
line 31 pursuant to subdivision (a) if the driver’s only offense is a violation
line 32 of Section 12500.
line 33 (e) During the conduct of pulling a driver over in accordance
line 34 with subdivision (a), if the peace officer encounters a driver who
line 35 is in violation of Section 12500, the peace officer shall make a
line 36 reasonable attempt to identify the registered owner of the vehicle.
line 37 If the registered owner is present, or the peace officer is able to
line 38 identify the registered owner and obtain the registered owner’s
line 39 authorization to release the motor vehicle to a licensed driver
line 40 during the vehicle stop, the vehicle shall be released to either the
96
— 4 — AB 516
line 1 registered owner of the vehicle if that person is a licensed driver
line 2 or to the licensed driver authorized by the registered owner of the
line 3 vehicle. If a notice to appear is issued, the name and the driver’s
line 4 license number of the licensed driver to whom the vehicle was
line 5 released pursuant to this subdivision shall be listed on the officer’s
line 6 copy of the notice to appear issued to the unlicensed driver. If a
line 7 vehicle cannot be released, the vehicle shall be removed pursuant
line 8 to subdivision (o) of Section 22651, whether a notice to appear
line 9 has been issued or not.
line 10 (f) For purposes of this section, “agricultural irrigation supplies”
line 11 include agricultural irrigation water bladder and one-half inch
line 12 diameter or greater irrigation line.
line 13 (g) This section shall be implemented only in a county in which
line 14 the board of supervisors adopts a resolution authorizing the
line 15 enforcement of this section.
line 16 SEC. 3. Section 2814.2 of the Vehicle Code is amended to
line 17 read:
line 18 2814.2. (a) A driver of a motor vehicle shall stop and submit
line 19 to a sobriety checkpoint inspection conducted by a law enforcement
line 20 agency when signs and displays are posted requiring that stop.
line 21 (b) Notwithstanding Section 14602.6 or 14607.6, a peace officer
line 22 or any other authorized person shall not cause the impoundment
line 23 of a vehicle at a sobriety checkpoint if the driver’s only offense is
line 24 a violation of Section 12500.
line 25 (c) During the conduct of a sobriety checkpoint, if the law
line 26 enforcement officer encounters a driver who is in violation of
line 27 Section 12500, the law enforcement officer shall make a reasonable
line 28 attempt to identify the registered owner of the vehicle. If the
line 29 registered owner is present, or the officer is able to identify the
line 30 registered owner and obtain the registered owner’s authorization
line 31 to release the motor vehicle to a licensed driver by the end of the
line 32 checkpoint, the vehicle shall be released to either the registered
line 33 owner of the vehicle if that person is a licensed driver or to the
line 34 licensed driver authorized by the registered owner of the vehicle.
line 35 If a notice to appear is issued, the name and driver’s license number
line 36 of the licensed driver to whom the vehicle was released pursuant
line 37 to this subdivision shall be listed on the officer’s copy of the notice
line 38 to appear issued to the unlicensed driver. When a vehicle cannot
line 39 be released, the vehicle shall be removed pursuant to subdivision
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AB 516 — 5 —
line 1 (o) of Section 22651, whether a notice to appear has been issued
line 2 or not.
line 3 SEC. 4. Section 4000 of the Vehicle Code is amended to read:
line 4 4000. (a) (1) A person shall not drive, move, or leave standing
line 5 upon a highway, or in an offstreet public parking facility, a motor
line 6 vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly,
line 7 unless it is registered and the appropriate fees have been paid under
line 8 this code or registered under the permanent trailer identification
line 9 program, except that an off-highway motor vehicle that displays
line 10 an identification plate or device issued by the department pursuant
line 11 to Section 38010 may be driven, moved, or left standing in an
line 12 offstreet public parking facility without being registered or paying
line 13 registration fees.
line 14 (2) For purposes of this subdivision, “offstreet public parking
line 15 facility” means either of the following:
line 16 (A) Any publicly owned parking facility.
line 17 (B) Any privately owned parking facility for which no fee for
line 18 the privilege to park is charged and that is held open for the
line 19 common public use of retail customers.
line 20 (3) This subdivision does not apply to a motor vehicle stored
line 21 in a privately owned offstreet parking facility by, or with the
line 22 express permission of, the owner of the privately owned offstreet
line 23 parking facility.
line 24 (4) Beginning July 1, 2011, the enforcement of paragraph (1)
line 25 shall commence on the first day of the second month following
line 26 the month of expiration of the vehicle’s registration. This paragraph
line 27 shall become inoperative on January 1, 2012.
line 28 (b) A person shall not drive, move, or leave standing upon a
line 29 highway a motor vehicle, as defined in Chapter 2 (commencing
line 30 with Section 39010) of Part 1 of Division 26 of the Health and
line 31 Safety Code, that has been registered in violation of Part 5
line 32 (commencing with Section 43000) of Division 26 of the Health
line 33 and Safety Code.
line 34 (c) Subdivisions (a) and (b) do not apply to off-highway motor
line 35 vehicles operated pursuant to Sections 38025 and 38026.5.
line 36 (d) This section does not apply, following payment of fees due
line 37 for registration, during the time that registration and transfer is
line 38 being withheld by the department pending the investigation of any
line 39 use tax due under the Revenue and Taxation Code.
96
— 6 — AB 516
line 1 (e) Subdivision (a) does not apply to a vehicle that is towed by
line 2 a tow truck on the order of a sheriff, marshal, or other official
line 3 acting pursuant to a court order or on the order of a peace officer
line 4 acting pursuant to this code.
line 5 (f) Subdivision (a) applies to a vehicle that is towed from a
line 6 highway or offstreet parking facility under the direction of a
line 7 highway service organization when that organization is providing
line 8 emergency roadside assistance to that vehicle. However, the
line 9 operator of a tow truck providing that assistance to that vehicle is
line 10 not responsible for the violation of subdivision (a) with respect to
line 11 that vehicle. The owner of an unregistered vehicle that is disabled
line 12 and located on private property, shall obtain a permit from the
line 13 department pursuant to Section 4003 prior to having the vehicle
line 14 towed on the highway.
line 15 (g) (1) Pursuant to Section 4022 and to subparagraph (B) of
line 16 paragraph (3) of subdivision (n) of Section 22651, a vehicle
line 17 obtained by a licensed repossessor as a release of collateral is
line 18 exempt from registration pursuant to this section for purposes of
line 19 the repossessor removing the vehicle to the repossessor’s storage
line 20 facility or the facility of the legal owner. A law enforcement
line 21 agency, impounding authority, tow yard, storage facility, or any
line 22 other person in possession of the collateral shall release the vehicle
line 23 without requiring current registration and pursuant to subdivision
line 24 (f) of Section 14602.6.
line 25 (2) The legal owner of collateral shall, by operation of law and
line 26 without requiring further action, indemnify and hold harmless a
line 27 law enforcement agency, city, county, city and county, the state,
line 28 a tow yard, storage facility, or an impounding yard from a claim
line 29 arising out of the release of the collateral to a licensee, and from
line 30 any damage to the collateral after its release, including reasonable
line 31 attorney’s fees and costs associated with defending a claim, if the
line 32 collateral was released in compliance with this subdivision.
line 33 (h) For purposes of this section, possession of a California
line 34 driver’s license by the registered owner of a vehicle shall give rise
line 35 to a rebuttable presumption that the owner is a resident of
line 36 California.
line 37 SEC. 5. Section 14602 of the Vehicle Code is amended to read:
line 38 14602. In accordance with subdivision (o) of Section 22651,
line 39 a vehicle removed pursuant to subdivision (c) of Section 2814.2
line 40 shall be released to the registered owner or that person’s agent at
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AB 516 — 7 —
line 1 any time the facility to which the vehicle has been removed is open
line 2 upon presentation of the registered owner’s or agent’s currently
line 3 valid driver’s license to operate the vehicle and proof of current
line 4 vehicle registration.
line 5 SEC. 6. Section 22651 of the Vehicle Code is amended to read:
line 6 22651. A peace officer, as defined in Chapter 4.5 (commencing
line 7 with Section 830) of Title 3 of Part 2 of the Penal Code, or a
line 8 regularly employed and salaried employee, who is engaged in
line 9 directing traffic or enforcing parking laws and regulations, of a
line 10 city, county, or jurisdiction of a state agency in which a vehicle is
line 11 located, may remove a vehicle located within the territorial limits
line 12 in which the officer or employee may act, under the following
line 13 circumstances:
line 14 (a) If a vehicle is left unattended upon a bridge, viaduct, or
line 15 causeway, or in a tube or tunnel where the vehicle constitutes an
line 16 obstruction to traffic.
line 17 (b) If a vehicle is parked or left standing upon a highway in a
line 18 position so as to obstruct the normal movement of traffic or in a
line 19 condition so as to create a hazard to other traffic upon the highway.
line 20 (c) If a vehicle is found upon a highway or public land and a
line 21 report has previously been made that the vehicle is stolen or a
line 22 complaint has been filed and a warrant thereon is issued charging
line 23 that the vehicle was embezzled.
line 24 (d) If a vehicle is illegally parked so as to block the entrance to
line 25 a private driveway and it is impractical to move the vehicle from
line 26 in front of the driveway to another point on the highway.
line 27 (e) If a vehicle is illegally parked so as to prevent access by
line 28 firefighting equipment to a fire hydrant and it is impracticable to
line 29 move the vehicle from in front of the fire hydrant to another point
line 30 on the highway.
line 31 (f) If a vehicle, except highway maintenance or construction
line 32 equipment, is stopped, parked, or left standing for more than four
line 33 hours upon the right-of-way of a freeway that has full control of
line 34 access and no crossings at grade and the driver, if present, cannot
line 35 move the vehicle under its own power.
line 36 (g) If the person in charge of a vehicle upon a highway or public
line 37 land is, by reason of physical injuries or illness, incapacitated to
line 38 an extent so as to be unable to provide for its custody or removal.
line 39 (h) (1) If an officer arrests a person driving or in control of a
line 40 vehicle for an alleged offense and the officer is, by this code or
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— 8 — AB 516
line 1 other law, required or permitted to take, and does take, the person
line 2 into custody.
line 3 (2) If an officer serves a notice of an order of suspension or
line 4 revocation pursuant to Section 13388 or 13389.
line 5 (i) If a vehicle is found illegally parked and there are no license
line 6 plates or other evidence of registration displayed, the vehicle may
line 7 be impounded until the owner or person in control of the vehicle
line 8 furnishes the impounding law enforcement agency evidence of
line 9 identity and an address within this state at which that individual
line 10 can be located.
line 11 (j) (1) If a vehicle is parked or left standing upon a highway
line 12 for 72 or more consecutive hours in violation of a local ordinance
line 13 authorizing removal and the vehicle remains parked or left standing
line 14 for 10 five or more business days after a notice is affixed to the
line 15 vehicle specifying the date of the notice, the location of the vehicle,
line 16 and the date and time after which the vehicle may be removed.
line 17 (2) The notice described in paragraph (1) shall include
line 18 information on alternative safe parking options and information
line 19 on available resources within the jurisdiction for persons
line 20 experiencing homelessness.
line 21 (k) If a vehicle is illegally parked on a highway in violation of
line 22 a local ordinance forbidding standing or parking and the use of a
line 23 highway, or a portion thereof, is necessary for the cleaning, repair,
line 24 or construction of the highway, or for the installation of
line 25 underground utilities, and signs giving notice that the vehicle may
line 26 be removed are erected or placed at least 24 hours prior to the
line 27 removal by a local authority pursuant to the ordinance.
line 28 (l) If the use of the highway, or a portion of the highway, is
line 29 authorized by a local authority for a purpose other than the normal
line 30 flow of traffic or for the movement of equipment, articles, or
line 31 structures of unusual size, and the parking of a vehicle would
line 32 prohibit or interfere with that use or movement, and signs giving
line 33 notice that the vehicle may be removed are erected or placed at
line 34 least 24 hours prior to the removal by a local authority pursuant
line 35 to the ordinance.
line 36 (m) Whenever a vehicle is parked or left standing where local
line 37 authorities, by resolution or ordinance, have prohibited parking
line 38 and have authorized the removal of vehicles. Except as provided
line 39 in subdivisions (u) and (v), a vehicle shall not be removed unless
line 40 signs are posted giving notice of the removal.
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AB 516 — 9 —
line 1 (n) (1) If a vehicle is found or operated upon a highway, public
line 2 land, or an offstreet parking facility under any of the following
line 3 circumstances:
line 4 (A) With a registration that has been expired for at least six
line 5 months before the date it is found or operated on the highway,
line 6 public lands, or the offstreet parking facility.
line 7 (B) Displaying in, or upon, the vehicle, a registration card,
line 8 identification card, temporary receipt, license plate, special plate,
line 9 registration sticker, device issued pursuant to Section 4853, or
line 10 permit that was not issued for that vehicle, or is not otherwise
line 11 lawfully used on that vehicle under this code.
line 12 (C) Displaying in, or upon, the vehicle, an altered, forged,
line 13 counterfeit, or falsified registration card, identification card,
line 14 temporary receipt, license plate, special plate, registration sticker,
line 15 device issued pursuant to Section 4853, or permit.
line 16 (D) (i) The vehicle is operating using autonomous technology,
line 17 without the registered owner or manufacturer of the vehicle having
line 18 first applied for, and obtained, a valid permit that is required to
line 19 operate the vehicle on public roads pursuant to Section 38750, and
line 20 Article 3.7 (commencing with Section 227.00) and Article 3.8
line 21 (commencing with Section 228.00) of Title 13 of the California
line 22 Code of Regulations.
line 23 (ii) The vehicle is operating using autonomous technology after
line 24 the registered owner or person in control of the vehicle received
line 25 notice that the vehicle’s permit required for the operation of the
line 26 vehicle pursuant to Section 38750, and Article 3.7 (commencing
line 27 with Section 227.00) and Article 3.8 (commencing with Section
line 28 228.00) of Title 13 of the California Code of Regulations is
line 29 suspended, terminated, or revoked.
line 30 (iii) For purposes of this subdivision, the terms “autonomous
line 31 technology” and “autonomous vehicle” have the same meanings
line 32 as in Section 38750.
line 33 (iv) This subparagraph does not provide the authority for a peace
line 34 officer to stop an autonomous vehicle solely for the purpose of
line 35 determining whether the vehicle is operating using autonomous
line 36 technology without a valid permit required to operate the
line 37 autonomous vehicle on public roads pursuant to Section 38750,
line 38 and Article 3.7 (commencing with Section 227.00) and Article 3.8
line 39 (commencing with Section 228.00) of Title 13 of the California
line 40 Code of Regulations.
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— 10 — AB 516
line 1 (2) If a vehicle described in paragraph (1) is occupied, only a
line 2 peace officer, as defined in Chapter 4.5 (commencing with Section
line 3 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
line 4 (3) For the purposes of this subdivision, the vehicle shall be
line 5 released under any of the following circumstances:
line 6 (A) If the vehicle has been removed pursuant to subparagraph
line 7 (A), (B), or (C) of paragraph (1), to the registered owner of, or
line 8 person in control of, the vehicle only after the owner or person
line 9 furnishes the storing law enforcement agency with proof of current
line 10 registration and a valid driver’s license to operate the vehicle.
line 11 (B) If the vehicle has been removed pursuant to subparagraph
line 12 (D) of paragraph (1), to the registered owner of, or person in control
line 13 of, the autonomous vehicle, after the registered owner or person
line 14 furnishes the storing law enforcement agency with proof of current
line 15 registration and a valid driver’s license, if required to operate the
line 16 autonomous vehicle, and either of the following:
line 17 (i) Proof of a valid permit required to operate the autonomous
line 18 vehicle using autonomous technology on public roads pursuant to
line 19 Section 38750, and Article 3.7 (commencing with Section 227.00)
line 20 and Article 3.8 (commencing with Section 228.00) of Title 13 of
line 21 the California Code of Regulations.
line 22 (ii) A declaration or sworn statement to the Department of Motor
line 23 Vehicles that states that the autonomous vehicle will not be
line 24 operated using autonomous technology upon public roads without
line 25 first obtaining a valid permit to operate the vehicle pursuant to
line 26 Section 38750, and Article 3.7 (commencing with Section 227.00)
line 27 and Article 3.8 (commencing with Section 228.00) of Title 13 of
line 28 the California Code of Regulations.
line 29 (C) To the legal owner or the legal owner’s agency, without
line 30 payment of any fees, fines, or penalties for parking tickets or
line 31 registration and without proof of current registration, if the vehicle
line 32 will only be transported pursuant to the exemption specified in
line 33 Section 4022 and if the legal owner does all of the following:
line 34 (i) Pays the cost of towing and storing the vehicle.
line 35 (ii) Completes an affidavit in a form acceptable to the
line 36 impounding law enforcement agency stating that the legal owner
line 37 was not in possession of the vehicle at the time of occurrence of
line 38 an offense relating to standing or parking. A vehicle released to a
line 39 legal owner under this paragraph is a repossessed vehicle for
line 40 purposes of disposition or sale. The impounding agency has a lien
96
AB 516 — 11 —
line 1 on any surplus that remains upon sale of the vehicle to which the
line 2 registered owner is or may be entitled, as security for the full
line 3 amount of parking penalties for any notices of parking violations
line 4 issued for the vehicle and for all local administrative charges
line 5 imposed pursuant to Section 22850.5. Upon receipt of any surplus,
line 6 the legal owner shall promptly remit to, and deposit with, the
line 7 agency responsible for processing notices of parking violations
line 8 from that surplus, the full amount of the parking penalties for all
line 9 notices of parking violations issued for the vehicle and for all local
line 10 administrative charges imposed pursuant to Section 22850.5.
line 11 (4) The impounding agency that has a lien on the surplus that
line 12 remains upon the sale of a vehicle to which a registered owner is
line 13 entitled has a deficiency claim against the registered owner for the
line 14 full amount of parking penalties for any notices of parking
line 15 violations issued for the vehicle and for all local administrative
line 16 charges imposed pursuant to Section 22850.5, less the amount
line 17 received from the sale of the vehicle.
line 18 (5) As used in this subdivision, “offstreet parking facility” means
line 19 an offstreet facility held open for use by the public for parking
line 20 vehicles and includes a publicly owned facility for offstreet
line 21 parking, and a privately owned facility for offstreet parking if a
line 22 fee is not charged for the privilege to park and it is held open for
line 23 the common public use of retail customers.
line 24 (o) If the peace officer issues the driver of a vehicle a notice to
line 25 appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
line 26 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not
line 27 impounded pursuant to Section 22655.5. A vehicle so removed
line 28 from the highway or public land, or from private property after
line 29 having been on a highway or public land, shall not be released to
line 30 the registered owner or the owner’s agent, except upon presentation
line 31 of the registered owner’s or agent’s currently valid driver’s license
line 32 to operate the vehicle and proof of current vehicle registration, to
line 33 the impounding law enforcement agency, or upon order of a court.
line 34 (p) If a vehicle is parked for more than 24 hours on a portion
line 35 of highway that is located within the boundaries of a common
line 36 interest development, as defined in Section 4100 or 6534 of the
line 37 Civil Code, and signs, as required by paragraph (1) of subdivision
line 38 (a) of Section 22658 of this code, have been posted on that portion
line 39 of highway providing notice to drivers that vehicles parked thereon
96
— 12 — AB 516
line 1 for more than 24 hours will be removed at the owner’s expense,
line 2 pursuant to a resolution or ordinance adopted by the local authority.
line 3 (q) If a vehicle is illegally parked and blocks the movement of
line 4 a legally parked vehicle.
line 5 (r) (1) If a vehicle, except highway maintenance or construction
line 6 equipment, an authorized emergency vehicle, or a vehicle that is
line 7 properly permitted or otherwise authorized by the Department of
line 8 Transportation, is stopped, parked, or left standing for more than
line 9 eight hours within a roadside rest area or viewpoint.
line 10 (2) Notwithstanding paragraph (1), if a commercial motor
line 11 vehicle, as defined in paragraph (1) of subdivision (b) of Section
line 12 15210, is stopped, parked, or left standing for more than 10 hours
line 13 within a roadside rest area or viewpoint.
line 14 (3) For purposes of this subdivision, a roadside rest area or
line 15 viewpoint is a publicly maintained vehicle parking area, adjacent
line 16 to a highway, utilized for the convenient, safe stopping of a vehicle
line 17 to enable motorists to rest or to view the scenery. If two or more
line 18 roadside rest areas are located on opposite sides of the highway,
line 19 or upon the center divider, within seven miles of each other, then
line 20 that combination of rest areas is considered to be the same rest
line 21 area.
line 22 (s) If a peace officer issues a notice to appear for a violation of
line 23 Section 25279.
line 24 (t) If a peace officer issues a citation for a violation of Section
line 25 11700, and the vehicle is being offered for sale.
line 26 (u) (1) If a vehicle is a mobile billboard advertising display, as
line 27 defined in Section 395.5, and is parked or left standing in violation
line 28 of a local resolution or ordinance adopted pursuant to subdivision
line 29 (m) of Section 21100, if the registered owner of the vehicle was
line 30 previously issued a warning citation for the same offense, pursuant
line 31 to paragraph (2).
line 32 (2) Notwithstanding subdivision (a) of Section 22507, a city or
line 33 county, in lieu of posting signs noticing a local ordinance
line 34 prohibiting mobile billboard advertising displays adopted pursuant
line 35 to subdivision (m) of Section 21100, may provide notice by issuing
line 36 a warning citation advising the registered owner of the vehicle that
line 37 the owner may be subject to penalties upon a subsequent violation
line 38 of the ordinance, that may include the removal of the vehicle as
line 39 provided in paragraph (1). A city or county is not required to
96
AB 516 — 13 —
line 1 provide further notice for a subsequent violation prior to the
line 2 enforcement of penalties for a violation of the ordinance.
line 3 (v) (1) If a vehicle is parked or left standing in violation of a
line 4 local ordinance or resolution adopted pursuant to subdivision (p)
line 5 of Section 21100, if the registered owner of the vehicle was
line 6 previously issued a warning citation for the same offense, pursuant
line 7 to paragraph (2).
line 8 (2) Notwithstanding subdivision (a) of Section 22507, a city or
line 9 county, in lieu of posting signs noticing a local ordinance regulating
line 10 advertising signs adopted pursuant to subdivision (p) of Section
line 11 21100, may provide notice by issuing a warning citation advising
line 12 the registered owner of the vehicle that the owner may be subject
line 13 to penalties upon a subsequent violation of the ordinance that may
line 14 include the removal of the vehicle as provided in paragraph (1).
line 15 A city or county is not required to provide further notice for a
line 16 subsequent violation prior to the enforcement of penalties for a
line 17 violation of the ordinance.
line 18 SEC. 7. Section 22651.7 of the Vehicle Code is repealed.
line 19 SEC. 8. Section 22651.8 of the Vehicle Code is repealed.
line 20 SEC. 9. Section 22851.1 of the Vehicle Code is repealed.
line 21 SEC. 10. Section 40206.5 of the Vehicle Code is amended to
line 22 read:
line 23 40206.5. (a) Within 15 days of a request, by mail or in person,
line 24 the processing agency shall mail or otherwise provide to a person
line 25 who has received a notice of delinquent parking violation, or that
line 26 person’s agent, a photostatic copy of the original notice of parking
line 27 violation or an electronically produced facsimile of the original
line 28 notice of parking violation. The issuing agency may charge a fee
line 29 sufficient to recover the actual cost of providing the copy, not to
line 30 exceed two dollars ($2). Until the issuing agency complies with a
line 31 request for a copy of the original notice of parking violation, the
line 32 processing agency may not proceed pursuant to Section 40220.
line 33 (b) If the description of the vehicle on the notice of parking
line 34 violation does not substantially match the corresponding
line 35 information on the registration card for that vehicle and the
line 36 processing agency is satisfied that the vehicle has not been
line 37 incorrectly described due to the intentional switching of license
line 38 plates, the processing agency shall, on written request of the person
line 39 cancel the notice of parking violation without the necessity of an
line 40 appearance by that person.
96
— 14 — AB 516
line 1 (c) For purposes of this section, a copy of the notice of parking
line 2 violation may be a photostatic copy or an electronically produced
line 3 facsimile.
line 4 SEC. 11. If the Commission on State Mandates determines that
line 5 this act contains costs mandated by the state, reimbursement to
line 6 local agencies and school districts for those costs shall be made
line 7 pursuant to Part 7 (commencing with Section 17500) of Division
line 8 4 of Title 2 of the Government Code.
O
96
AB 516 — 15 —
Jennifer Ferraiolo
From:
Sent:
lo:
Subject:
Attachments:
Jennifer Ferraiolo
Tuesda¡ July 16, 2019 4:15 PM
'Stephen R. Qualls';'cityletters@cacities.org'
AB 516 (Chiu) Authority to Remove Vehicles - Notice of Opposition
AB51 6_Letter.pdf
Jennifer tuï. Ferraiolo, Ir{MË
Clty Clerk
F.û. 8ox 3ffi6
Lodi, CÅ 95:itL-1$10
{rü9} 333-6?ü3 | t3oel333'6807 fAX
Iüebsite: www.lodi.Eov
Attached please find City of Lodi's notice of opposition to AB 516 (Chiu). This letter was uploaded to the California
Legislature Position Letter Portal and faxed to our local representatives.
Clrv or
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Crrrf0RNrA
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Skip to Content Welcome, Jennifer CITY OF LODI FAQ (/Advocates/facee/faq.xhtml) Logout
r)
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Jennifer Ferraiolo
City Clerk
P.O. Box 3006
Lodi, CA 95241
jferraiolo@lodi.gov
Phone: 209-333-6702
crw oF LoDr
ABSl6jetter.pdf (../getExtDoc?docld=75358) - AB 516 (Chiu) Authority to
Remove Vehicles
2019107116 4:11:00 PM PDT
Stance : Oppose for AB 516 Authority to remove vehicles.(ver. 96)
Organization : CITY OF LODI
Received by:
" Senate Appropriations Committee
. Riana King (Author Staff - Chiu)
lS826Ç.doc (../getExtDoc?docld=750481 - SB 266 (Leyva) - Notice of Opposition
2019107112 10:30:1 1 AM PDT
Stance : Oppose for SB 266 Public Employees' Retirement System: disallowed
compensation: benefit adjustments. (ver. 97)
Submit a Letter (/Advocates/faces/uploadfilel.xhtml) lnbox (/Advocates/faces/inbox.xhtml)
Manage my account (/Advocates/faces/accountmanagement.xhtml)
Recent Document Submissions
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Organization : CITY OF LODI
Received by:
" Assembly Appropriations Committee
. Nycole Baruch (Author Staff - Leyva)
07/L6/20L9 EUE t6:31 FA:C Øoor
***************************
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FACSIMILE COVER SHEET
TO:
CITY CLERK'S OFFICE
221 WEST PINE STREET. P.O. BOX 3006
LODI, CALIFORNTA 9524T- 1 9 1 O
PFTONE (209)333-6702 FAX (209) 333-6807
cìtvclrk@lgdi,gov or jfenaiolo@lodi,gOl
DATE: July 16,2019
FROM:Jennifer M. Ferraiolo
City Clerk
Senator Cathleen Galgiani- (916) 651-4905
Assemblymember Jim Cooper - (916) 319-2109
COMMENTS:AB 516 (Chlu) Authority to Remove Vehlcles - Notlce of
Opposition
TH|S TRANSMTTTAL CONTATNS 2 PAGE(S), |NCLUD|NG TH|S COVER SHEET.
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET. P.O. BOX 3006
LODI, CALIFORNI A 95241. 19 10
pHoNE Q09) 333-6702 FAX (209) 333-6807
cityclrk@lodi.gov or jfenaiolo@lodi.gov
DATE: July 16,2019
FROM:Jennifer M. Ferraiolo
City Clerk
TO:Senator Cathleen Galgiani- (916) 651-4905
Assemblymember Jim Cooper- (916) 319-2109
COMMENTS:AB 516 (Chiu) Authority to Remove Vehicles - Notice of
Opposition
TH|S TRANSMTTTAL CONTATNS 2 pAcE(S), TNGLUD|NG THIS COVER SHEET.
@
forms\aafaxjen.doc