HomeMy WebLinkAboutAB 516 - Authority to Remove VehiclesSTAFF REPORT
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
MEETING DATE: June 27, 2019
PREPARED BY: Christopher Gerry, Management Analyst
REQUEST: Submission of a letter of opposition for Assembly Bill 516 regarding the
authority to remove vehicles.
Recommendation
By minute motion, approve the submission of a letter of opposition to the appropriate legislators for
Assembly Bill 516 regarding the authority to remove vehicles.
Background Analvsis
In the 2019-20 Regular Session, the State Legislature is reviewing AB 516 (Chiu, Santiago). This
bill repeals existing law that authorizes the towing of vehicles for having five or more delinquent
parking or traffic violations, for leaving a vehicle on a road for 72 or more consecutive hours, and
for a having a lapsed vehicle registration in excess of six months. This bill does not impact other
reasons for towing such as obstructing traffic, being reported as stolen, blocking a driveway,
blocking a fire hydrant, lacking a license plate, and other violations. The author's perspective is that
towing disproportionately impacts low-income individuals. The current legislation can be found as
Attachment A.
The bill removes local control of immobilizing vehicles (place a boot on a vehicle), and removing
vehicles with expired registration and/or violation of parking time restrictions (72 hours). There is a
supplemental study relating to this legislation regarding the impact of towing vehicles owned by
homeless individuals living within such vehicles. Please note that as the City commences its local
homelessness program, City staff and service providers will collaborate on ways to address these
types of occurrences; hence, the importance of local control.
As a result, the Legislative Review Committee recently reviewed and subsequently recommended
opposing AB 516. A letter of opposition for Council consideration can be found as Attachment B. If
approved, the attached letter will be submitted to the appropriate legislators contingent upon the
status of the bill.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/A N/A
Robert W. Hargreaves Lauri Aylaian 6etM. Moore Lauri Aylaian
City Attorney City Manager Director of Finance City Manager
ATTACHMENTS:
A. Assembly Bill 516
B. Letter of Opposition
Attachment A
AB 516
AMENDED IN ASSEMBLY MARCH 28, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL
No. 516
Introduced by Assembly" e-- ber "'-=--Members Chiu and Santiago
(Coauthors: Assembly Members Bonta, Chu, and Gipson)
(Coauthor: Senator Wiener)
February 13, 2019
An act to amend Seetio 22651 o Sections 2810.2, 2814.2, 4000,
14602, 22651, and 402O6.5 of, and to repeal Sections 22651.7, 22651.8,
and 2285 LI of, the Vehicle Code relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 516, as amended, Chin. 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 where a vehicle is located, to remove a
vehicle located within the territorial limits where the officer or employee
may act, under designatedeireumstanees. 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.
Existing law authorizes a peace officer and specified public
employees, as an alternative to removal of a vehicle, to immobilize the
Revised 5-1-19—See last page. 98
AB 516 — 2 —
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 --make, teehmi✓ul, ncm3ubstawive ehmg.:,s to these
pram 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 delete the authority to remove a
vehicle parked or left standing for 72 or more consecutive hours in
violation ofa local ordinance, or a vehicle with a registration expiration
date in excess of 6 months found or operated on the highway or on
public lands or in an offstreet parking facility. 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: eyes.
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
6 they 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.
14 (c) Approximately 78 percent of Californians have to drive for
15 work or to get to work. Studies have shown that the ability to drive
16 significantly impacts employment rates, and that over the past 50
17 years, American households without cars consistently lost income.
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1 For many Californians, their vehicle is their only shelter, their
2 only way to get needed medical care, or their most valuable asset.
3 (d) Towing for debt collection purposes is not cost effective. It
4 costs money for a local government to find the car, order the tow,
5 and pay a private tow company to transport it. Vehicles towed for
6 debt collection are more likely to be sold instead of reclaimed,
7 which means the tow company has to use its limited lot space to
8 store them for at least 30 days, and pay for an auction. Since
9 vehicles towed because their owners could not afford to pay fees
10 tend to be low in value, these lien sales usually fail to cover the
11 cost of the tow and storage, let alone the cost of enforcement.
12 (e) There is no public safety purpose when a local government
13 uses towing as a costly and draconian method to collect small
14 amounts of debt, and this sanction has a disproportionate impact
15 on lower income families and people of color
16 SEC. 2. Section 2810.2 of the Vehicle Code is amended to read.•
17 2810.2. (a) (1) A peace officer, as described in Chapter 4.5
18 (commencing with Section 830) of Title 3 of Part 2 of the Penal
19 Code, may stop a vehicle transporting agricultural irrigation
20 supplies that are in plain view to inspect the bills of lading,
21 shipping, or delivery papers, or other evidence to determine
22 whether the driver is in legal possession of the load, if the vehicle
23 is on a rock road or unpaved road that is located in a county that
24 has elected to implement this section and the road is located as
25 follows:
26 (A) Located under the management of the Department of Parks
27 and Recreation, the Department of Fish and Wildlife, the
28 Department of Forestry and Fire Protection, the State Lands
29 Commission, a regional park district, the United States Forest
30 Service, or the federal Bureau of Land Management.
31 (B) Located within the respective ownership of a timberland
32 production zone, as defined in Chapter 6.7 (commencing with
33 Section 51100) of Part 1 of Division 1 of Title 5 of the Government
34 Code, either that is larger than 50,000 acres or for which the owner
35 of more than 2,500 acres has given express written permission for
36 a vehicle to be stopped within that zone pursuant to this section.
37 (2) Upon reasonable belief that the driver of the vehicle is not
38 in legal possession, the law enforcement officer specified in
39 paragraph (1) shall take custody of the vehicle and load and turn
40 them over to the custody of the sheriff of the county that has elected
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AB 516 — 4 —
1 to implement this section where the agricultural irrigation supplies
2 are apprehended.
3 (b) The sheriff shall receive and provide for the care and
4 safekeeping of the apprehended agricultural irrigation supplies
5 that were in plain view within the boundaries of public lands under
6 the management of the entities listed in subparagraph (A) of
7 paragraph (1) of subdivision (a) or on a timberland production
8 zone as specified in subparagraph (B) of paragraph (1) of
9 subdivision (a), and immediately, in cooperation with the
10 department, proceed with an investigation and its legal disposition.
11 (c) An expense incurred by the sheriff in the performance of
12 his or her the sheriff's duties under this section shall be a legal
13 charge against the county.
14 (d) Except as provided in subdivision (e), a peace officer shall
15 not cause the impoundment of a vehicle at a traffic stop made
16 pursuant to subdivision (a) if the driver's only offense is a violation
17 of Section 12500.
18 (e) During the conduct of pulling a driver over in accordance
19 with subdivision (a), if the peace officer encounters a driver who
20 is in violation of Section 12500, the peace officer shall make a
21 reasonable attempt to identify the registered owner of the vehicle.
22 If the registered owner is present, or the peace officer is able to
23 identify the registered owner and obtain the registered owner's
24 authorization to release the motor vehicle to a licensed driver
25 during the vehicle stop, the vehicle shall be released to either the
26 registered owner of the vehicle if ie-o k that person is a licensed
27 driver or to the licensed driver authorized by the registered owner
28 of the vehicle. If a notice to appear is issued, the name and the
29 driver's license number of the licensed driver to whom the vehicle
30 was released pursuant to this subdivision shall be listed on the
31 officer's copy of the notice to appear issued to the unlicensed
32 driver. If a vehicle cannot be released, the vehicle shall be removed
33 pursuant to subdivision-(p) (n) of Section 22651, whether a notice
34 to appear has been issued or not.
35 (f) For purposes of this section, "agricultural irrigation supplies"
36 include agricultural irrigation water bladder and one-half inch
37 diameter or greater irrigation line.
38 (g) This section shall be implemented only in a county where
39 the board of supervisors adopts a resolution authorizing the
40 enforcement of this section.
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1 SEC. 3. Section 2814.2 of the Vehicle Code is amended to read.-
2 2814.2. (a) A driver of a motor vehicle shall stop and submit
3 to a sobriety checkpoint inspection conducted by a law enforcement
4 agency when signs and displays are posted requiring that stop.
5 (b) Notwithstanding Section 14602.6 or 14607.6, a peace officer
6 or any other authorized person shall not cause the impoundment
7 of a vehicle at a sobriety checkpoint if the driver's only offense is
8 a violation of Section 12500.
9 (c) During the conduct of a sobriety checkpoint, if the law
10 enforcement officer encounters a driver who is in violation of
11 Section 12500, the law enforcement officer shall make a reasonable
12 attempt to identify the registered owner of the vehicle. If the
13 registered owner is present, or the officer is able to identify the
14 registered owner and obtain the registered owner's authorization
15 to release the motor vehicle to a licensed driver by the end of the
16 checkpoint, the vehicle shall be released to either the registered
17 owner of the vehicle if lic air 3hc that person is a licensed driver
18 or to the licensed driver authorized by the registered owner of the
19 vehicle. If a notice to appear is issued, the name and driver's license
20 number of the licensed driver to whom the vehicle was released
21 pursuant to this subdivision shall be listed on the officer's copy of
22 the notice to appear issued to the unlicensed driver. When a vehicle
23 cannot be released, the vehicle shall be removed pursuant to
24 subdivisions (n) of Section 22651, whether a notice to appear
25 has been issued or not.
26 SEC. 4. Section 4000 of the Vehicle Code is amended to read:
27 4000. (a) (1) A person shall not drive, move, or leave standing
28 upon a highway, or in an offstreet public parking facility, a
29 motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging
30 dolly, unless it is registered and the appropriate fees have been
31 paid under this code or registered under the permanent trailer
32 identification program, except that an off -highway motor vehicle
33 whiel3 that displays an identification plate or device issued by the
34 department pursuant to Section 38010 may be driven, moved, or
35 left standing in an offstreet public parking facility without being
36 registered or paying registration fees.
37 (2) For purposes of this subdivision, "offstreet public parking
38 facility" means either of the following:
39 (A) Any publicly owned parking facility.
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AB 516
1 (B) Any privately owned parking facility for which no fee for
2 the privilege to park is charged and --� that is held open for the
3 common public use of retail customers.
4 (3) This subdivision does not apply tom a motor vehicle stored
5 in a privately owned offstreet parking facility by, or with the
6 express permission of, the owner of the privately owned offstreet
7 parking facility.
8 (4) Beginning July 1, 2011, the enforcement of paragraph (1)
9 shall commence on the first day of the second month following
10 the month of expiration of the vehicle's registration. This paragraph
11 shall become inoperative on January 1, 2012.
12 (b) A person shall not drive, move, or leave
13 standing upon a highways a motor vehicle, as defined in Chapter
14 2 (commencing with Section 39010) of Part 1 of Division 26 of
15 the Health and Safety Code, that has been registered in violation
16 of Part 5 (commencing with Section 43000) of Division 26 of the
17 Health and Safety Code.
18 (c) Subdivisions (a) and (b) do not apply to off -highway motor
19 vehicles operated pursuant to Sections 38025 and 38026.5.
20 (d) This section does not apply, following payment of fees due
21 for registration, during the time that registration and transfer is
22 being withheld by the department pending the investigation of any
23 use tax due under the Revenue and Taxation Code.
24 (e) Subdivision (a) does not apply to a vehicle that is towed by
25 a tow truck on the order of a sheriff, marshal, or other official
26 acting pursuant to a court order or on the order of a peace officer
27 acting pursuant to this code.
28 (f) Subdivision (a) applies to a vehicle that is towed from a
29 highway or offstreet parking facility under the direction of a
30 highway service organization when that organization is providing
31 emergency roadside assistance to that vehicle. However, the
32 operator of a tow truck providing that assistance to that vehicle is
33 not responsible for the violation of subdivision (a) with respect to
34 that vehicle. The owner of an unregistered vehicle that is disabled
35 and located on private property, shall obtain a permit from the
36 department pursuant to Section 4003 prior to having the vehicle
37 towed on the highway.
38 (g) (1) Pursuant to Section 4022 and to subparagraph (B) of
39 paragraph (3) of subdivision-fe� (m) of Section 22651, a vehicle
40 obtained by a licensed repossessor as a release of collateral is
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— 7 — AB 516
1 exempt from registration pursuant to this section for purposes of
2 the repossessor removing the vehicle toT�� the repossessor's
3 storage facility or the facility of the legal owner. A law enforcement
4 agency, impounding authority, tow yard, storage facility, or any
5 other person in possession of the collateral shall release the vehicle
6 without requiring current registration and pursuant to subdivision
7 (f) of Section 14602.6.
8 (2) The legal owner of collateral shall, by operation of law and
9 without requiring further action, indemnify and hold harmless a
10 law enforcement agency, city, county, city and county, the state,
11 a tow yard, storage facility, or an impounding yard from a claim
12 arising out of the release of the collateral to a licensee, and from
13 any damage to the collateral after its release, including reasonable
14 attorney's fees and costs associated with defending a claim, if the
15 collateral was released in compliance with this subdivision.
16 (h) For purposes of this section, possession of a California
17 driver's license by the registered owner of a vehicle shall give rise
18 to a rebuttable presumption that the owner is a resident of
19 California.
20 SEC. 5. Section 14602 of the Vehicle Code is amended to read.•
21 14602. In accordance with subdivision-(p) (n) of Section 22651,
22 a vehicle removed pursuant to subdivision (c) of Section 2814.2
23 shall be released to the registered owner or+i�� that person's
24 agent at any time the facility to which the vehicle has been removed
25 is open upon presentation of the registered owner's or -his— �
26 agent's currently valid driver's license to operate the vehicle and
27 proof of current vehicle registration.
28 n�,r'�'-�riON 1;
29 SEC. 6. Section 22651 of the Vehicle Code is amended to read:
30 22651. A peace officer, as defined in Chapter 4.5 (commencing
31 with Section 830) of Title 3 of Part 2 of the Penal Code, or a
32 regularly employed and salaried employee, who is engaged in
33 directing traffic or enforcing parking laws and regulations, of a
34 city, county, or jurisdiction of a state agency where a vehicle is
35 located, may remove a vehicle located within the territorial limits
36 where the officer or employee may act, under the following
37 circumstances:
38 (a) If a vehicle is left unattended upon a bridge, viaduct, or
39 causeway, or in a tube or tunnel where the vehicle constitutes an
40 obstruction to traffic.
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AB 516 — 8 —
1 (b) If a vehicle is parked or left standing upon a highway in a
2 position so as to obstruct the normal movement of traffic or in a
3 condition so as to create a hazard to other traffic upon the highway.
4 (c) If a vehicle is found upon a highway or public land and a
5 report has previously been made that the vehicle is stolen or a
6 complaint has been filed and a warrant thereon is issued charging
7 that the vehicle was embezzled.
8 (d) If a vehicle is illegally parked so as to block the entrance to
9 a private driveway and it is impractical to move the vehicle from
10 in front of the driveway to another point on the highway.
11 (e) If a vehicle is illegally parked so as to prevent access by
12 firefighting equipment to a fire hydrant and it is impracticable to
13 move the vehicle from in front of the fire hydrant to another point
14 on the highway.
15 (f) If a vehicle, except highway maintenance or construction
16 equipment, is stopped, parked, or left standing for more than four
17 hours upon the right-of-way of a freeway that has full control of
18 access and no crossings at grade and the driver, if present, cannot
19 move the vehicle under its own power.
20 (g) If the person in charge of a vehicle upon a highway or public
21 land is, by reason of physical injuries or illness, incapacitated to
22 an extent so as to be unable to provide for its custody or removal.
23 (h) (1) If an officer arrests a person driving or in control of a
24 vehicle for an alleged offense and the officer is, by this code or
25 other law, required or permitted to take, and does take, the person
26 into custody.
27 (2) If an officer serves a notice of an order of suspension or
28 revocation pursuant to Section 13388 or 13389.
29 hrm r, tv -Mee wihi:1.c, i
30 3 iviiov,,d-�r to thi3 code, and
31 443 knzq,,n that the - ehie' 3 bw-i h3sttedfiwc olt niore notiees
�Mrf o32 of pGrkiiig�vf
33 the vehiele has not responded withi 1 calcmdar days of n
34 of ,.:o�tionisYaa3ic,-, or eitation 6suaftee or 14 ealendar days of the
35 mriling dc1in4u,�;-nt pafkiftg violation to the agerfey
36 ru3pomible for proeessing notiees of parking violations, or the
37 regi3trccl owncir vfthe . ,.i.iele is i_..,...,n to hrwc 1)` cn isstted five
38 or mc4,c n:ti✓s for ` ilttre to p&y or mr in -udr
39 `raf e via ati J far v.hi; li a v✓rtifi�atr has ri:t�eerr'
40 mmgjtgmt-- of aJrlc r%thc o✓art lr:c-ring the ✓a3c Acnving that the
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ease h 3 bcui adjudic&,td c/i the registered
owner'] tvmid-4tm n:t b✓✓n ;4✓wvd
(ui uuat. vvkli Oeetion 41300)-of-Dlvizaii 17-,+he-�,eLidIc may
be xrpvand„' �iJhcJ to the4m pounding law
enfw,:ic incnt-8ben✓f all
(A) F-f;idcttcc ckct r,3 )n'J idmtA
(D) At] addivss w . , lin this stat,. ---lick tllc pcirson can be locate
(G) Satisfaetory evidenee that all parking penalties dtte for the
vchido art+a ethcc vchidlc6 i cgistered to the registciv.-.l cm;ii✓r of
the-imp:✓md,Nd vdhi:1.c,and-aH-traffic viol -Sons of the registered
have becii clomtxi:
6) Tllc r:,quft-eeniJ ill 3uhp -agrarY.i ��1j shall
be ftAly enforeed by agere on
and after `he •irnc thee, t1he D'epwartuti.ent of Motor Vehieles is able
to provide J M the tict scary reeordt.
(3) A notiee of parking violation isstieer an unlawftilly park
vc).iiac shall He aeeampraiicrd li -cd violations
may t\. Jult in the impottnding of the ve ic4c. In lima ft ishiftg
bail has been deposited, that person may demand to be taken
satis€u^.l�.r. ✓�"----that the Inil amottnt of parking penalties or
offenses,without unneeessary delay before a magistrate, for traffie
Jr a licuing .�iiamincr, for prrkin6 chfe ses, withintllc ✓,ranty
where -the-vffcnJVS Jv bti/" eo .. itt a
acid who ht.3 jurisdietion of the offenses and iJ ncarest or most
aeees3iU, .:, with-refcivsi - tJ the place where the- 1-kiidIc i3
it unaai. Evidenee of eurrent registratio i Ahall be pt\3aumd
after-u vchlv�c has been impotinded, or, at the diseretion of the
invvunaing I enforeement agene , a iiatix to -appear
person.
(4)- A -tehicIc shall be released to the legal owner, as defined in
Seetion 370, if the rl JV iiu
does all ofthe following-.-
(A+4Iwy-s--thc a::x
(D) in Beetien
9561.
(G) E mplc/ms an afftda -. iii a forin z:DcVmWlc to lie
iiiipourtaing4ayt-eii-fvrccmcnl rath:, w-Ific o was
the ofRnses relating to idoing ar park4ng-.-A vchidc i\zlcssed to
a�ega� s nit una✓r thi3 Jubarvision i3 r. tvN3semd vzhiac far
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AB 516 —10 —
1 asition or 3cic. Thz-anpounding ageney shall have
2 mien un any iYc vchi lc to whieh
3 &y be Lititled, as seettrity for the
4 cni✓ant aft bfr all nA
5 issued for thz vchf ide and for all loeal aa.. inistmtfvz c1iai�ges
6 imposed ptirnraitt to Scctio 50.5. The lcgul ownar Shull
7 promptly remit to, and deposit with, the agxn�eDporAiNz for
8 procc33in6 n;Ai--c s efpar•1 iolctions from arAt 3utplu3, an
9 reeeipt of that surpitts, the fttll amount ofthe parking pernal iesfsf
10 u11 nctia:,5 :%urliing viclatio s issued rvr the vchl iele and for
11 .
12 (5) Thr, intpounding ageney that a li✓a :ri the Gurplus that
13 ivrnains up;rn t
14 f.:ivier :1laim against
15 the ivgistcrcd ovyper for the fttll amount of the p king periulties
16 for ull nc6ees-of parking viJ.rtlon3 i3stied for the w+Ulz t&,.d for
17 61 lo;,al
18 22850 c less the ...,.,.otin 1x!✓fvzd fly"" the sate orthi, vehicle.
19 6)
20 (i) If a vehicle is found illegally parked and there are no license
21 plates or other evidence of registration displayed, the vehicle may
22 be impounded until the owner or person in control of the vehicle
23 furnishes the impounding law enforcement agency evidence of
24 identity and an address within this state where that individual can
25 be located.
26 Ot�4f u vc?iiclrc. 6 parked -or'sing upon a highway for 72
27 or iiloic, eomccull,,c hrrain iil viol-�.iott of .. loeal ordin
28 awh✓rr-ring nx-u rral:
29 (4)
30 6) If a vehicle is illegally parked on a highway in violation of
31 a local ordinance forbidding standing or parking and the use of a
32 highway, or a portion thereof, is necessary for the cleaning, repair,
33 or construction of the highway, or for the installation of
34 underground utilities, and signs giving notice that the vehicle may
35 be removed are erected or placed at least 24 hours prior to the
36 removal by a local authority pursuant to the ordinance.
37 fm�
38 (k) If the use of the highway, or a portion of the highway, is
39 authorized by a local authority for a purpose other than the normal
40 flow of traffic or for the movement of equipment, articles, or
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1 structures of unusual size, and the parking of a vehicle would
2 prohibit or interfere with that use or movement, and signs giving
3 notice that the vehicle may be removed are erected or placed at
4 least 24 hours prior to the removal by a local authority pursuant
5 to the ordinance.
6 (n)
7 q) Whenever a vehicle is parked or left standing where local
8 authorities, by resolution or ordinance, have prohibited parking
9 and have authorized the removal of vehicles. Except as provided
10 in subdivisions-(-t) and (w-)�, (t) and (u), a vehicle shall not be
11 removed unless signs are posted giving notice of the removal.
12 (a)
13 (m) (1) If a vehicle is found or operated upon a highway, public
14 land, or an offstreet parking facility under any of the following
15 circumstances:
16 ettion zrpir&i:rn data, in ✓x1 is of six mo
17 before the dat :` '. found or oy`,iuto4 osi *,+& iig y, puU,ic lands,-
18 of the offitreet parking faeility.
19 (B)
20 (A) Displaying in, or upon, the vehicle, a registration card,
21 identification card, temporary receipt, license plate, special plate,
22 registration sticker, device issued pursuant to Section 4853, or
23 permit that was not issued for that vehicle, or is not otherwise
24 lawfully used on that vehicle under this code.
25 (£)
26 (B) Displaying in, or upon, the vehicle, an altered, forged,
27 counterfeit, or falsified registration card, identification card,
28 temporary receipt, license plate, special plate, registration sticker,
29 device issued pursuant to Section 4853, or permit.
30 fB}
31 (C) (i) The vehicle is operating using autonomous technology,
32 without the registered owner or manufacturer of the vehicle having
33 first applied for, and obtained, a valid permit that is required to
34 operate the vehicle on public roads pursuant to Section 38750, and
35 Article 3.7 (commencing with Section 227.00) and Article 3.8
36 (commencing with Section 228.00) of Title 13 of the California
37 Code of Regulations.
38 (ii) The vehicle is operating using autonomous technology after
39 the registered owner or person in control of the vehicle received
40 notice that the vehicle's permit required for the operation of the
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vehicle pursuant to Section 38750, and Article 3.7 (commencing
with Section 227.00) and Article 3.8 (commencing with Section
228.00) of Title 13 of the California Code of Regulations is
suspended, terminated, or revoked.
(iii) For purposes of this subdivision, the terms "autonomous
technology" and "autonomous vehicle" have the same meanings
as in Section 38750.
(iv) This subparagraph does not provide the authority for a peace
officer to stop an autonomous vehicle solely for the purpose of
determining whether the vehicle is operating using autonomous
technology without a valid permit required to operate the
autonomous vehicle on public roads pursuant to Section 38750,
and Article 3.7 (commencing with Section 227.00) and Article 3.8
(commencing with Section 228.00) of Title 13 of the California
Code of Regulations.
(2) If a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3) For the purposes of this subdivision, the vehicle shall be
released under any of the following circumstances:
(A) If the vehicle has been removed pursuant to subparagraph
(A) or (B) of paragraph (1), to the registered owner
of, or person in control of, the vehicle only after the owner or
person furnishes the storing law enforcement agency with proof
of current registration and a valid driver's license to operate the
vehicle.
(B) If the vehicle has been removed pursuant to subparagraph
" (C) of paragraph (1), to the registered owner of, or person in
control of, the autonomous vehicle, after the registered owner or
person furnishes the storing law enforcement agency with proof
of current registration and a valid driver's license, if required to
operate the autonomous vehicle, and either of the following:
(i) Proof of a valid permit required to operate the autonomous
vehicle using autonomous technology on public roads pursuant to
Section 38750, and Article 3.7 (commencing with Section 227.00)
and Article 3.8 (commencing with Section 228.00) of Title 13 of
the California Code of Regulations.
(ii) A declaration or sworn statement to the Department of Motor
Vehicles that states that the autonomous vehicle will not be
operated using autonomous technology upon public roads without
98
13— AB 516
1 first obtaining a valid permit to operate the vehicle pursuant to
2 Section 38750, and Article 3.7 (commencing with Section 227.00)
3 and Article 3.8 (commencing with Section 228.00) of Title 13 of
4 the California Code of Regulations.
5 (C) To the legal owner or the legal owner's agency, without
6 payment of any fees, fines, or penalties for parking tickets or
7 registration and without proof of current registration, if the vehicle
8 will only be transported pursuant to the exemption specified in
9 Section 4022 and if the legal owner does all of the following:
10 (i) Pays the cost of towing and storing the vehicle.
11 (ii) Completes an affidavit in a form acceptable to the
12 impounding law enforcement agency stating that the vehicle was
13 not in possession of the legal owner at the time of occurrence of
14 an offense relating to standing or parking. A vehicle released to a
15 legal owner under this subdivision is a repossessed vehicle for
16 purposes of disposition or sale. The impounding agency has a lien
17 on any surplus that remains upon sale of the vehicle to which the
18 registered owner is or may be entitled, as security for the full
19 amount of parking penalties for any notices of parking violations
20 issued for the vehicle and for all local administrative charges
21 imposed pursuant to Section 22850.5. Upon receipt of any surplus,
22 the legal owner shall promptly remit to, and deposit with, the
23 agency responsible for processing notices of parking violations
24 from that surplus, the full amount of the parking penalties for all
25 notices of parking violations issued for the vehicle and for all local
26 administrative charges imposed pursuant to Section 22850.5.
27 (4) The impounding agency that has a lien on the surplus that
28 remains upon the sale of a vehicle to which a registered owner is
29 entitled has a deficiency claim against the registered owner for the
30 full amount of parking penalties for any notices of parking
31 violations issued for the vehicle and for all local administrative
32 charges imposed pursuant to Section 22850.5, less the amount
33 received from the sale of the vehicle.
34 (5) As used in this subdivision, "offstreet parking facility" means
35 an offstreet facility held open for use by the public for parking
36 vehicles and includes a publicly owned facility for offstreet
37 parking, and a privately owned facility for offstreet parking if a
38 fee is not charged for the privilege to park and it is held open for
39 the common public use of retail customers.
40 (p)
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(n) If the peace officer issues the driver of a vehicle a notice to
appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not
impounded pursuant to Section 22655.5. A vehicle so removed
from the highway or public land, or from private property after
having been on a highway or public land, shall not be released to
the registered owner or the owner's agent, except upon presentation
of the registered owner's or agent's currently valid driver's license
to operate the vehicle and proof of current vehicle registration, to
the impounding law enforcement agency, or upon order of a court.
(q)
(o) If a vehicle is parked for more than 24 hours on a portion
of highway that is located within the boundaries of a common
interest development, as defined in Section 4100 or 6534 of the
Civil Code, and signs, as required by paragraph (1) of subdivision
(a) of Section 22658 of this code, have been posted on that portion
of highway providing notice to drivers that vehicles parked thereon
for more than 24 hours will be removed at the owner's expense,
pursuant to a resolution or ordinance adopted by the local authority.
(f)
(p) If a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
fs)
(q) (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.
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-15 — AB 516
1 (f)
2 (r) If a peace officer issues a notice to appear for a violation of
3 Section 25279.
4 ftr)
5 (s) If a peace officer issues a citation for a violation of Section
6 11700, and the vehicle is being offered for sale.
7 (v)
8 (t) (1) If a vehicle is a mobile billboard advertising display, as
9 defined in Section 395.5, and is parked or left standing in violation
10 of a local resolution or ordinance adopted pursuant to subdivision
11 (m) of Section 21100, if the registered owner of the vehicle was
12 previously issued a warning citation for the same offense, pursuant
13 to paragraph (2).
14 (2) Notwithstanding subdivision (a) of Section 22507, a city or
15 county, in lieu of posting signs noticing a local ordinance
16 prohibiting mobile billboard advertising displays adopted pursuant
17 to subdivision (m) of Section 21100, may provide notice by issuing
18 a warning citation advising the registered owner of the vehicle that
19 the owner may be subject to penalties upon a subsequent violation
20 of the ordinance, that may include the removal of the vehicle as
21 provided in paragraph (1). A city or county is not required to
22 provide further notice for a subsequent violation prior to the
23 enforcement of penalties for a violation of the ordinance.
24 (-,N,)
25 (u) (1) If a vehicle is parked or left standing in violation of a
26 local ordinance or resolution adopted pursuant to subdivision (p)
27 of Section 21100, if the registered owner of the vehicle was
28 previously issued a warning citation for the same offense, pursuant
29 to paragraph (2).
30 (2) Notwithstanding subdivision (a) of Section 22507, a city or
31 county, in lieu of posting signs noticing a local ordinance regulating
32 advertising signs adopted pursuant to subdivision (p) of Section
33 21100, may provide notice by issuing a warning citation advising
34 the registered owner of the vehicle that the owner may be subject
35 to penalties upon a subsequent violation of the ordinance that may
36 include the removal of the vehicle as provided in paragraph (1).
37 A city or county is not required to provide further notice for a
38 subsequent violation prior to the enforcement of penalties for a
39 violation of the ordinance.
40 SEC. 7. Section 22651.7 of the Vehicle Code is repealed.
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AB 516 —16 —
1 ,
2 with Bmion
3 C38c, 3r aregularly employed
4and salaried cmpl3yee-who-4s cngagcd in dircc%ing traffie-o
5 enforeing parking lerws and iregulations, of a j urisdietimn In 1vhieh
6 a vehielc i3 loeated vbillL�c tilc vehielc with a eviee
7 designed and manufaetured for lip inunobilization of vehid.cs, un
8 tctrit3ri&1 limits
9 ill which the 3A..xr 3r ✓mp ,hc vchic).c i3 found
10 upon a highwty �ft puMc lands and it is known to have been issu
11 fivc yr n13ic, mchdees--of pulcirrg vialatisns tt urc dainqttent
12 beemt3c tllc uF nx to parson in eottt-the vehicle i s-net
13 resp3n4a', t 3p3n3iUlz for proemsing nc6ees--
14 parking violation
15 isAuuncc 3r :rtcti3n immc— 3r 14 thz iuuiling f
16 a notiee of dehnqttmt pulting vio6tim, ;r the o-,,%
17 o"hc vairelc i3 knom vc Lvl issuedfive otiee
18 €of-€uilurc t3
19 for-whial i13 been issued by the mag c 3r c).crlc
20 of—&, ccuit hczring the ease showing that the e vc 1163 bcru
21 adj-u4ieft,-d oT mneeming Whielrth; mcofd has
22 not bccm deared-puvman' th B:C13r1
24 person fttmishes to the irmnobiliming lam all
25 of the folio *
26 (1) D vidcn,, ci. �3 :rr hot ieemtity.
27 f2�-Ai1 vdithin-this-�m whict hc; or she -ean be
28 leea
29 idcricc
30 3r all naiccr 3c-Ming vi313
31 the vchie.c &iid any cMiep-vchivic rc '
32 f,-gi3t.ir.,d vdhielz r.nd that bail has
33 deposited for all traffie violations of the registered owner that
34 net bccn O. ui\-,d. The rcluiivllJ,lt-S7�aragra
35 uu:la.1rL- rccmcn -G&J;1Jj :r1 and aflef
36 �-amearz« tlic Dcp ment ofMotorA;Dhic.cs i able to pro
37 &CCCS3 t3 th.; nc: C33G1-y iVvC.Y Ding vivlalivn issued
38 to-thz vJliac Aall be aeeon lia' trj & vv-a-f-fluffig L11fatt rvllcat�
39 violation,, ma ing oL ii o+4Uz,4ti3n :fake
40 vchic c. In lieu ti ✓✓ikn•a that tl-.i fall
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-17 — AB 516
amount of -parking petta ti r b6l, or b,-At;-4ytvc bci 3opvmit,-6
that person may demand to be taken wi hcut unileeessary delay
before a magistrate,5✓, :r,( a lngexan]incr, f r-
parking offenses, lic ✓✓pity itim.-hieh the offenses eharge-d
are have ba ii commi«cd and v"
th;. Jii�.il3es and 13 nG ti.i\;i]iI to the
plaee- h:)rc i3 imn]dvlir;d. EviQenee-Or ✓utwint
registration-sh&ll be l]ivdu� &-er ,.,dell 1_ 3 b✓.fr. immobilired
or, at the .1:..,.. etio_ ..F., ,,+:tiring lcv;-enfJirciii ,ii`cageriey,
a n:ttizc to appear for violation of subdivision (a) of Seetion 4000
shall be ismte to that person.
(b) A person, othef thatt a person author LcA wider subdivisi
c c vjidc.
SEC. 8. Section 22651.8 of the Vehicle Code is repealed.
-2-2651.0. For pu f subdiv- (i) o
ScrAiwi 2-2-651 and E:rt' "
incIu?,:r, lvztro> rite tc, a by the
department purstiant to r,) J. Btaim 4760for e
pr, ln.,ii' of notiees of puking vid.ations appearing on the
vcvrd3 al khX, t-.AIC J ymuat. The piv:.�'S�it2g
cvi,ictict, up?.1tc itJ t�.lJl aymorh3 made; te-�
department. tl]o rftva53ing agz-aey does not reeeive the amount
of the wig pc,n ltics wij administrative fees from the
fi f rar months of the date of isjucn✓ :ice
cfna , the proeessing-agency tuay ivvi3c it3 tV✓uf?,s
to refleet that no aymunisNvevc i` ✓ iva`1 for the notiees of parking
violatio".
SEC. 9. Section 22851.1 of the Vehicle Code is repealed.
-2-2851.1. ; p�fandcd p�rmant to
subdivision (i) of Seetio6` 1 rand m,t iv-1.,
that stbdivision, the vehiele may be col& parmiant ...- this era
to -satisfy the licim 3peeified in Seetion 22851 an is subdiv 3
(b) of this seetion.
puma
subdivision Scaion 22651 shall have a lien dependent up
all outstanding nchikx3 of parking violation issued by the loeal.
authority for tlic vchick, wheit-th:, conditiom spxci€ied -ice
subd Sion (e) 11CL ,c houn nizk. This 1:,.... ,.hat be "1'"'...1inate in
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AB 516 —18 —
1 promo &,- li✓a
2 o€-any scic-E&ll be tipplited aeeorruingLy. Consistent with this order
3 of priorit-f, the t:nii "11:1n," G3 used in `hi tlucic. and in GhapteY
4 6.5 {eo.ninc;ncing-wih Onion 3967j�tic 14 :ofPftrf-4--of
5 DiN43ion 3 :f �G,-dc, include3 a licnn inxpusc& Vf tl3i8
6 p3i.3n. In dtt -action bivugh:, Rai, wh✓rc
7 rz quirvd 1r� '' Q 51.8 cites eo c, :rlr ✓y-
8 si+drv93ion
9 of the b;, & deftftse-te,-fllc iv�✓.�vcry-of bail that.
10 the owner the a` wu.s not -the
I I v-oncr oi the vehiele at the tine of the pwkitig
12 (e)-A lierrshcll zxlst-€or bai with lv-3pc.k-to puXking; vii3latiOns
13 for-vthWh no - t e the e th_ notice o p„ «�c
14 pan�int viJIatiorr-giv✓a, uz filed an affida-vit of nonownership
15 pttrsttant to aad within t
16-Seetio n i i n3
17 SEC. 10. Section 40206.5 of the Vehicle Code is amended to
18 read:
19 40206.5. (a) Within 15 days of a request, by mail or in person,
20 the processing agency shall mail or otherwise provide tom a
21 person who has received a notice of delinquent parking violation,
22 orer that person 's agent, a photostatic copy of the original
23 notice of parking violation or an electronically produced facsimile
24 of the original notice of parking violation. The issuing agency may
25 charge a fee sufficient to recover the actual cost of providing the
26 copy, not to exceed two dollars ($2). Until the issuing agency
27 complies with a request for a copy of the original notice of parking
28 violation, the processing agency may not proceed pursuant to
29 6--51, ftcn-'z266"nor Section
30 40220.
31 (b) If the description of the vehicle on the notice of parking
32 violation does not substantially match the corresponding
33 information on the registration card for that vehicle and the
34 processing agency is satisfied that the vehicle has not been
35 incorrectly described due to the intentional switching of license
36 plates, the processing agency shall, on written request of the person
37 cancel the notice of parking violation without the necessity of an
38 appearance by that person.
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19 — AB 516
1 (c) For purposes of this section, a copy of the notice of parking
2 violation may be a photostatic copy or an electronically produced
3 facsimile.
4
5
6 REVISIONS:
7 Heading —Line 1.
8
C
98
Attachment B
Letter of Opposition
I I T Y OE P 0 [ M
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i i
info@cityofpalmdesert.org
Sample
July 1, 2019
Name
Address
Sacramento, CA 94249
Re: Assembly Bill 516 (Chiu, Santiago) authority to remove vehicles - oppose
The Honorable (Name):
The City of Palm Desert (City) is opposed to AB 516 (Chiu, Santiago), a measure that would eliminate
the ability for the 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 to:
• Immobilize or place a boot on a vehicle, for motorists who have 5 or more unpaid parking tickets;
• Remove vehicles with expired registration that are operating illegally; and
• Remove vehicles in violation of parking time restrictions.
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 parking minimums, will create quality of
life concerns across income demographics in California. For these reasons, the City opposes AB 516.
Please feel free to contact me if you would like to have further discussions regarding our legislative
position. Thank you.
Sincerely,
Susan Marie Weber
Mayor
i♦ PRINifD ON RECY[LED PAPER
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
MEMORANDUM
To: Honorable Mayor and Councilmembers
From: Christopher Gerry, Management Analyst
Date: June 27, 2019
Subject: City Council Consent Item 12.R — Assembly Bill 516
As initially written, Assembly Bill (AB) 516 repeals existing law that authorizes the towing of
vehicles for certain reasons. One portion of the law initially proposed to be repealed relates to
the ability of local jurisdictions to tow vehicles left standing in the public right-of-way for more
than 72 hours. In effect, the initial bill allows a vehicle to remain parked in the public right-of-way
in perpetuity without an enforcement mechanism. However, after the submission of the staff
report, the bill was amended to include the provision, as follows:
If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in
violation of a local ordinance authorizing removal and the vehicle remains ' parked or
left standing for 10 or more business days after a notice is affixed to the vehicle
specifying the date of the notice, the location of the vehicle, and the date and time after
which the vehicle may be removed.
As amended, this provision now provides an enforcement mechanism for local jurisdictions to
tow a vehicle left standing in the public right-of-way. The legislation still removes local control by
restricting the City's ability to tow vehicles for other reasons, as described in the staff report.
Furthermore, the amended legislation was passed by the Senate Committee on Transportation
yesterday (Wednesday) and re -referred to the Senate Committee on Public Safety to be heard
on July 9, 2019.
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