Existing law authorizes a local authority to adopt an ordinance or resolution prohibiting or restricting the parking of a vehicle at an inoperable parking meter or inoperable parking payment center, as defined. Existing law authorizes parking in a parking space that is regulated by an inoperable parking meter or an inoperable parking payment center for up to the posted time limit if no ordinance or resolution has been adopted to prohibit it.

This bill would authorize, subject to restrictions, parking without time limit at a parking space that is regulated by an inoperable parking meter or inoperable parking payment center when the parking space does not have a posted time limit. The bill would authorize a local authority to limit parking to 4 hours at a parking space regulated by an inoperable parking meter or inoperable parking payment center when the parking space does not have a posted time limit, if the local authority posts specified signs. The bill would prohibit a local authority from issuing a citation for nonpayment of fees for parking in a parking space regulated by a parking meter or parking payment center that cannot physically accept payment, notwithstanding the fact that other nonphysical methods of payment may be accepted.

The bill would prohibit a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of a vehicle in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, as defined.

Existing law authorizes a local authority to adopt an ordinance or resolution prohibiting or restricting the parking of a vehicle at an inoperable parking meter or inoperable parking payment center, as defined. Existing law authorizes parking in a parking space that is regulated by an inoperable parking meter or an inoperable parking payment center for up to the posted time limit if no ordinance or resolution has been adopted to prohibit it.

This bill would authorize, subject to restrictions, parking without time limit at a parking space that is regulated by an inoperable parking meter or inoperable parking payment center when the parking space does not have a posted time limit. The bill would authorize a local authority to limit parking to 4 hours at a parking space regulated by an inoperable parking meter or inoperable parking payment center when the parking space does not have a posted time limit, if the local authority posts specified signs. The bill would prohibit a local authority from issuing a citation for nonpayment of fees for parking in a parking space regulated by a parking meter or parking payment center that cannot physically accept payment, notwithstanding the fact that other nonphysical methods of payment may be accepted.

The bill would prohibit a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of a vehicle in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, as defined.

Existing law authorizes a local authority to adopt an ordinance or resolution prohibiting or restricting the parking of a vehicle at an inoperable parking meter or inoperable parking payment center, as defined. Existing law authorizes parking in a parking space that is regulated by an inoperable parking meter or an inoperable parking payment center for up to the posted time limit if no ordinance or resolution has been adopted to prohibit it.

The bill would prohibit a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of a vehicle in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, as defined.

Existing law authorizes a local authority to adopt an ordinance or resolution prohibiting or restricting the parking of a vehicle at an inoperable parking meter or inoperable parking payment center, as defined. Existing law authorizes parking in a parking space that is regulated by an inoperable parking meter or an inoperable parking payment center for up to the posted time limit if no ordinance or resolution has been adopted to prohibit it.

This bill would prohibit a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of a vehicle in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, as defined.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1625

Author:(Rubio)

As Amended Ver:July 3, 2017

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, except as specified.

The Senate amendments:

1. Clarify that a vehicle may park without time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or inoperable parking payment center, subject to any other applicable regulations regarding parking vehicles.
2. Allow a local authority to limit parking to four hours for a parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or an inoperable parking payment center, if the local authority posts signs clearly providing notice of the time limitation applicable when that parking meter or parking payment center is inoperable.
3. Prohibit, if a parking space is regulated by a parking meter or parking payment center that cannot physically accept payment, a local authority from issuing a citation for nonpayment of parking fees notwithstanding the fact that the parking meter or parking payment center may accept payment by other nonphysical means.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center. This bill provides that a vehicle may park without time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or inoperable parking payment center, subject to any other applicable regulations regarding parking vehicles.

This bill provides an exception to the general rule that a local authority may not prohibit or restrict parking in a space where the meter or payment center is inoperable, by allowing a local authority to limit parking to four hours in any such parking space that does not have a posted time limit. The local authority must post signs clearly providing notice of the time limitation that applies when the meter or payment center is inoperable.

Local authorities must not issue citations if a parking space is regulated by a meter or payment center that cannot physically accept payment, regardless of the fact that the meter or payment center may accept payment by other nonphysical means (such as systems that allow payment via smart phone app or phone call).

This bill re-instates provisions of law that contained a sunset date of January 1, 2017, and also adds new provisions on a permanent basis as it does not contain a sunset date. This bill is sponsored by the Howard Jarvis Taxpayers Association.

1. Author's Statement. According to the author, "Assembly Bill 1625 will protect consumers from receiving unjust parking violations at broken parking meters. Currently, cities have various local ordinances and provide different policies across the state. This is inconsistent and unfair to both motorists and businesses that rely on accessible parking spaces. When cities cite motorists at broken parking meters it can hurt businesses, which rely on local governments to have consistent and fair rules that do not scare consumers away. My bill will create that needed consistency across California, protecting both consumers and businesses."
2. Background. SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012, established a general rule that a vehicle owner may park without penalty in any parking space where the parking meter or parking payment center is inoperable for up to the posted time limit. However, SB 1388 also allowed a city or a county to adopt a different rule if it provides adequate notice of the rule at the parking location, or the parking meter or payment kiosk. In response to SB 1388, the League of California Cities surveyed its members on their practices and reported the following results: many small cities do not have parking meters at all; in cities that do have meters, some ticket for parking at a broken meter, and some do not; and, among cities that ticket at a broken meter, most will dismiss the ticket, unless there is some kind of pattern that indicates mischief.

Responding to reports of some cities taking advantage of their authority to ticket at broken meters or kiosks, AB 61 (Gatto), Chapter 71, Statutes of 2013, removed that authority for a three-year period by including a sunset date of January 1, 2017. According to a July 5, 2012, article in the Los Angeles Times, the City of Los Angeles issues 2.5 million parking citations every year. In 2011, the city increased fines for the sixth time in seven years, anticipating revenue of $8.4 million for the city's general fund. The provisions of AB 61 became inoperative on January 1, 2017.

1. Arguments in Support. The Howard Jarvis Taxpayers Association, sponsor of this measure, states, "Prior to the passage of AB 61, municipalities were unfairly ticketing vehicle owners who parked at broken meters. Tens of thousands of tickets annually (including 17,000 in Los Angeles alone) were issued against drivers who parked at broken meters. In 2014 Los Angeles generated $165 million in citations while San Francisco received $130 million. There's no need to generate additional revenue by forcing drivers to pay excessive fines and penalties for circumstances outside their control. AB 1625 provides incentive for local governments to quickly address broken parking meters and kiosks without unfairly targeting California's beleaguered drivers."
2. Arguments in Opposition. Writing in opposition, the League of California Cities questions the need for a statewide solution, since not every city in California has parking meters and broken meters make up a small portion of the overall number of meters. Also writing in opposition, the California Public Parking Association expresses concerns that the bill removes local control to regulate parking and shares the concern that this bill may incentivize meter vandalism.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0001194

 THIRD READING 

Bill No: AB 1625

Author: Rubio (D)

Amended: 7/3/17 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 10-0, 7/11/17

AYES: Beall, Cannella, Atkins, McGuire, Mendoza, Morrell, Roth, Vidak, Wieckowski, Wiener

NO VOTE RECORDED: Allen, Gaines, Skinner

ASSEMBLY FLOOR: 76-0, 4/20/17 - See last page for vote

SUBJECT: Inoperable parking meters

SOURCE: Howard Jarvis Taxpayers Association

DIGEST:

This bill allows a vehicle to park without a time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or payment center but allows cities to implement a four-hour cap if notice is given at broken meters with no posted time limit.

ANALYSIS:

Existing law:

1. Allows a vehicle to park, for up to the posted time limit, at a parking space regulated by an inoperable parking meter or an inoperable parking payment center.
2. Allows local authorities to prohibit or restrict, by ordinance or resolution, the parking of vehicles in spaces regulated by inoperable parking meters or payment centers.
3. Requires that a local ordinance or resolution prohibiting or restricting parking in spaces regulated by inoperable meters or payment centers not go into effect until adequate notice has been given, as specified.
4. Defines "inoperable parking meter" to mean a meter located next to and designated for an individual parking space, which has become inoperable and cannot accept payment in any form or cannot register that a payment in any form has been made.
5. Defines "inoperable parking payment center" to mean an electronic parking meter or pay station serving one or more parking spaces that is closest to the space where a person has parked and that cannot accept payment in any form, cannot register that a payment in any form has been made, or cannot issue a receipt that is required to be displayed in a conspicuous location on or in the vehicle.

This bill:

1. Allows a vehicle to park without a time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or payment center, subject to any other applicable regulations.
2. Allows a local authority to limit parking to four hours at a space that does not have a posted time limit and that is regulated by an inoperable meter or payment center but only if the local authority posts signs clearly providing notice of the time limitation for the broken meter.
3. Prohibits a local authority from issuing a citation for nonpayment at a broken meter that does not physically accept payment, even if the meter would accept other, nonphysical forms of payment.
4. Provides, except as provided in (2), a local authority from prohibiting or restricting, by ordinance or resolution, the parking of a vehicle in a space regulated by an inoperable parking meter or inoperable parking payment center.

Comments

1. Purpose. According to the author, "Assembly Bill 1625 will protect consumers from receiving unjust parking violations at broken parking meters. Currently, cities have various local ordinances and provide different policies across the state. This is inconsistent and unfair to both motorists and businesses that rely on accessible parking spaces. When cities cite motorists at broken parking meters it can hurt businesses, which rely on local governments to have consistent and fair rules that do not scare consumers away. My bill will create that needed consistency across California, protecting both consumers and businesses."
2. Broken parking meters. SB 1388 (DeSaulnier, Chapter 70, Statutes of 2012) established a uniform rule that a vehicle may park at a broken parking meter up to the posted time limit, without penalty. However, SB 1388 included a provision allowing local jurisdictions to adopt different rules, as long as signs or markings are placed with adequate notice at the meter. As a result, some jurisdictions began banning or restricting parking at inoperable meters. To address this, AB 61 (Gatto, Chapter 71, Statutes of 2013) prohibited local jurisdictions from prohibiting or restricting parking at broken meters. AB 61, however, sunset on January 1, 2017, once again allowing local jurisdictions to ban or restrict parking at broken meters. This bill maintains current statute allowing parking at a broken meter for up to the posted time limit but prohibits local jurisdictions from further banning or restricting parking at broken meters, as had been the law from 2014 through 2016. However, this bill also allows cities to limit parking to four hours at broken meters with no posted time limit if notice is given.
3. Breaking parking meters. Writing in opposition, the League of California Cities express concern about meter vandalism, stating that several cities reported vandalized parking meters in high traffic areas. If parking at a broken meter is “free,” a driver has a financial incentive to disable a meter. However, it is not clear how often this occurs and vandalism of public property is itself a crime that carries a much higher penalty than a parking citation: a base fine of up to $1,000, up to one year in jail, or both. On the other hand, this bill may provide an incentive for cities to repair meters in order to return to collecting revenue from them.
4. Parking cap for broken meters with no posted limit. Addressing concerns that broken meters without a posted time limit would allow unlimited parking, the author’s latest amendments allow local authorities to limit parking to four hours at broken meters with no posted time limit. However, for cities that wish to enforce the time limit, this bill requires that clear notices be posted on the meters advertising the time limit when broken. Such a solution may represent a middle ground of sorts for meters without a posted time limit, addressing concerns that cars could indefinitely park for free at certain meters while still ensuring the ability to park at a broken meter.
5. Three day law. Current law requires drivers to observe the posted time limit, if any, at broken meters, unless otherwise prohibited or restricted by a local ordinance. This bill maintains that requirement to observe the posted time limit. Cars parked at broken meters with no posted time limits would also likely be subject to California’s 72 hour limit, which states that a car cannot be parked or left standing on a highway, streets included, for 72 or more consecutive hours.
6. Extended meters. Some California cities have incorporated tiered rate extended parking meters that have signage including a number followed by a plus sign (e.g. 1+, 2+, 3+, 4+ hours). These meters have a base price for the posted number of hours but allow drivers to extend their parking at higher rates for each hour thereafter. Under this bill, cities would be able to limit parking to four hours if such a meter was broken, so long as the time limit is advertised.
7. Pay by phone. Some parking meters allow payment via smartphone app or phone call. In the case of a broken parking meter, such meters could make it confusing for a person as to whether they could get cited if the meter wouldn’t take cash or card but would still allow payment by phone. This bill prohibits a person from being cited for nonpayment if the meter will not accept physical payment such as cash, coin, or credit, even if the meter allows nonphysical payment by app or phone call, for example.

Related/Prior Legislation

AB 2586 (Gatto, 2016) allowed vehicles to park at any broken parking meter or payment center for up to two hours, prohibited local authorities from limiting parking at broken meters, and required local authorities to permit parking after street sweeping is complete. The bill was vetoed by the Governor and the veto message only addressed the street sweeping provisions of the bill.

AB 61 (Gatto, Chapter 71, Statutes of 2013) prohibited, until January 1, 2017, a city or county from citing vehicles for parking at an inoperable parking meter or parking payment center for up to the posted time limit.

SB 1388 (DeSaulnier, Chapter 70, Statutes of 2012) established a general rule that a vehicle may park without penalty in any parking space for up to the posted time limit if the parking meter or parking payment center is inoperable, but allows a city or county to adopt a different rule if it provides adequate notice of the rule at parking locations, parking meters, or parking payment centers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/12/17)

Howard Jarvis Taxpayers Association (source)

AAA Northern California, Nevada, and Utah

Automobile Club of Southern California

OPPOSITION: (Verified 7/12/17)

The League of California Cities

San Francisco Municipal Transportation Agency

ARGUMENTS IN SUPPORT: Writing in support, the Howard Jarvis Taxpayers Association states that cities had been unfairly writing tens of thousands of tickets per year for parking at broken meters prior to AB 61, including 17,000 tickets in Los Angeles alone. They state that it’s not necessary to cite drivers for something that is out of their control and that this bill incentivizes local governments to quickly repair the broken meters and kiosks.

ARGUMENTS IN OPPOSITION: Writing in opposition, the League of California Cities questions the need for a statewide solution, since not every city in California has parking meters and broken meters make up a small portion of the overall number of meters. Writing in opposition, the San Francisco Municipal Transportation Agency states that 99% of parking meters in the state are limited to two hours or less. They also state that meters without time limits are primarily located in San Francisco and request a limit of two hours specifically at broken meters without posted limits instead of four.

ASSEMBLY FLOOR: 76-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Mathis, McCarty, Ridley-Thomas

Prepared by:

7/14/17 13:48:40

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 7/11/2017

SUBJECT: .

DIGEST: This bill prohibits a local authority from prohibiting or restricting, by ordinance or resolution, the parking of a vehicle in a space regulated by an inoperable parking meter or parking payment center but allows cities to implement a four hour cap if notice is given at broken meters with no posted time limit.

ANALYSIS:

Existing law:

1. Allows a vehicle to park, for up to the posted time limit, at a parking space regulated by an inoperable parking meter or an inoperable parking payment center.
   
2. Allows local authorities to prohibit or restrict, by ordinance or resolution, the parking of vehicles in spaces regulated by inoperable parking meters or payment centers.
   
3. Requires that a local ordinance or resolution prohibiting or restricting parking in spaces regulated by inoperable meters or payment centers not go into effect until adequate notice has been given, as specified.
   
4. Defines "inoperable parking meter" to mean a meter located next to and designated for an individual parking space, which has become inoperable and cannot accept payment in any form or cannot register that a payment in any form has been made.
5. Defines "inoperable parking payment center" to mean an electronic parking meter or pay station serving one or more parking spaces that is closest to the space where a person has parked and that cannot accept payment in any form, cannot register that a payment in any form has been made, or cannot issue a receipt that is required to be displayed in a conspicuous location on or in the vehicle.

This bill:

1. Allows a vehicle to park without a time limit in any parking space that does not have a posted time limit and that is regulated by an inoperable parking meter or payment center, subject to any other applicable regulations.
   
2. Allows a local authority to limit parking to four hours at a space that does not have a posted time limit and that is regulated by an inoperable meter or payment center but only if the local authority posts signs clearly providing notice of the time limitation for the broken meter.
   
3. Prohibits a local authority from issuing a citation for nonpayment at a broken meter that does not physically accept payment, even if the meter would accept other, nonphysical forms of payment.
   
4. Except as provided in (2), prohibits a local authority from prohibiting or restricting, by ordinance or resolution, the parking of a vehicle in a space regulated by an inoperable parking meter or inoperable parking payment center.

COMMENTS:

1. Purpose. According to the author, "Assembly Bill 1625 will protect consumers from receiving unjust parking violations at broken parking meters. Currently, cities have various local ordinances and provide different policies across the state. This is inconsistent and unfair to both motorists and businesses that rely on accessible parking spaces. When cities cite motorists at broken parking meters it can hurt businesses, which rely on local governments to have consistent and fair rules that do not scare consumers away. My bill will create that needed consistency across California, protecting both consumers and businesses."
   
2. Broken parking meters. SB 1388 (DeSaulnier, 2012) established a uniform rule that a vehicle may park at a broken parking meter up to the posted time limit, without penalty. However, SB 1388 included a provision allowing local jurisdictions to adopt different rules, as long as signs or markings are placed with adequate notice at the meter. As a result, some jurisdictions began banning or restricting parking at inoperable meters. To address this, AB 61 (Gatto, 2013) prohibited local jurisdictions from prohibiting or restricting parking at broken meters. AB 61, however, sunset on January 1, 2017, once again allowing local jurisdictions to ban or restrict parking at broken meters. This bill prohibits local jurisdictions from banning or restricting parking at broken meters, which had been the law from 2014 through 2016, but allows cities to limit parking to four hours if notice is given at broken meters with no posted time limit.
   
3. Breaking parking meters. Writing in opposition, the League of California Cities express concern about meter vandalism, stating that several cities reported vandalized parking meters in high traffic areas. If parking at a broken meter is “free,” a driver has a financial incentive to disable a meter. However, it is not clear how often this occurs and vandalism of public property is itself a crime that carries a much higher penalty than a parking citation: a base fine of up to $1,000, up to one year in jail, or both. On the other hand, this bill may provide an incentive for cities to repair meters in order to return to collecting revenue from them.
   
4. Parking cap. Addressing concerns that broken meters without a posted time limit would allow unlimited parking, the author’s latest amendments allow local authorities to limit parking to four hours at broken meters with no posted time limit. However, for cities that wish to enforce the time limit, this bill requires that clear notices be posted on the meters advertising the time limit when broken. Such a solution may represent a middle ground of sorts for meters without a posted time limit, addressing concerns that cars could indefinitely park for free at certain meters while still ensuring the ability to park at a broken meter.
   
5. Three day law. Current law requires drivers to observe the posted time limit, if any, at broken meters, unless otherwise prohibited or restricted by a local ordinance. This bill maintains that requirement to observe the posted time limit. Cars parked at broken meters with no posted time limits would also likely be subject to California’s 72 hour limit, which states that a car cannot be parked or left standing on a highway, streets included, for 72 or more consecutive hours.
   
6. Extended meters. Some California cities have incorporated tiered rate extended parking meters that have signage including a number followed by a plus sign (e.g. 1+, 2+, 3+, 4+ hours). These meters have a base price for the posted number of hours but allow drivers to extend their parking at higher rates for each hour thereafter. Under this bill, cities would be able to limit parking to four hours if such a meter was broken, so long as the time limit is advertised.
   
7. Pay by phone. Some parking meters allow payment via smartphone app or phone call. In the case of a broken parking meter, such meters could make it confusing for a person as to whether they could get cited if the meter wouldn’t take cash or card but would still allow payment by phone. This bill prohibits a person from being cited for nonpayment if the meter will not accept physical payment such as cash, coin, or credit, even if the meter allows nonphysical payment by app or phone call, for example.
   
8. Arguments in support. Writing in support, the Howard Jarvis Taxpayers Association states that cities had been unfairly writing tens of thousands of tickets per year for parking at broken meters prior to AB 61, including 17,000 tickets in Los Angeles alone. They state that it’s not necessary to cite drivers for something that is out of their control and that the bill incentivizes local governments to quickly repair the broken meters and kiosks.
   
9. Arguments in opposition. Writing in opposition, the League of California Cities questions the need for a statewide solution, since not every city in California has parking meters and broken meters make up a small portion of the overall number of meters. Also writing in opposition, the California Public Parking Association (CPPA) expresses concerns that the bill removes local control to regulate parking and shares the concern that this bill may incentivize meter vandalism. Writing in opposition, the SFMTA states that 99% of parking meters in the state are limited to two hours or less. They also state that meters without time limits are primarily located in San Francisco and request a limit of two hours specifically at broken meters without posted limits. In response to these concerns, the author amended the bill to include an optional four hour time limit, which they felt was a reasonable amount of time, so long as the limit is advertised with signage.

Related Legislation:

AB 2586 (Gatto, 2016, Vetoed) — allowed vehicles to park at any broken parking meter or payment center for up to two hours, prohibited local authorities from limiting parking at broken meters, and required local authorities to permit parking after street sweeping is complete. The veto message only addressed the street sweeping provisions of the bill.

AB 61 (Gatto, Chapter 71, Statutes of 2013) — prohibited, until January 1, 2017, a city or county from citing vehicles for parking at an inoperable parking meter or parking payment center for up to the posted time limit.

SB 1388 (DeSaulnier, Chapter 70, Statutes of 2012) — established a general rule that a vehicle may park without penalty in any parking space for up to the posted time limit if the parking meter or parking payment center is inoperable, but allows a city or county to adopt a different rule if it provides adequate notice of the rule at parking locations, parking meters, or parking payment centers.

ASSEMBLY VOTES:

Floor: 76-0

Local Government: 9-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 5, 2017.)

SUPPORT:

Howard Jarvis Taxpayers Association (Sponsor)

AAA Northern California, Nevada, and Utah

Automobile Club of Southern California

OPPOSITION:

California Public Parking Association

The League of California Cities

San Francisco Municipal Transportation Agency

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1625

Author:(Rubio)

As Introduced Ver:February 17, 2017

Majority vote

SUMMARY: Prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center.

EXISTING LAW:

1. Allows local authorities to establish parking meter zones and to fix the parking fee for such zones by ordinance.
2. Allows, except as provided below, a vehicle to park, for up to the posted time limit, in any parking space that is subject to an inoperable parking meter or an inoperable parking payment center.
3. Allows local authorities, by ordinance or resolution, to prohibit or restrict the parking of vehicles at inoperable parking meters or inoperable parking payment centers.
4. Provides that no ordinance or resolution adopted by a local authority pursuant to the above provision shall become effective until signs or markings giving adequate notice of the restriction or prohibition on parking have been placed at parking locations, parking meters, or parking payment centers.
5. Defines "inoperable parking meter" to mean a meter located next to and designated for an individual parking space, which has become inoperable and cannot accept payment in any form or cannot register that a payment in any form has been made.
6. Defines "inoperable parking payment center" to mean an electronic parking meter or pay station serving one or more parking spaces that is closest to the space where a person has parked and that cannot accept payment in any form, cannot register that a payment in any form has been made, or cannot issue a receipt that is required to be displayed in a conspicuous location on or in the vehicle.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center. This bill re-instates provisions of law that contained a sunset date of January 1, 2017, and does so this time on a permanent basis as it does not contain a sunset date. This bill is sponsored by the Howard Jarvis Taxpayers Association.
2. Author's Statement. According to the author, "Assembly Bill 1625 will protect consumers from receiving unjust parking violations at broken parking meters. Currently, cities have various local ordinances and provide different policies across the state. This is inconsistent and unfair to both motorists and businesses that rely on accessible parking spaces. When cities cite motorists at broken parking meters it can hurt businesses, which rely on local governments to have consistent and fair rules that do not scare consumers away. My bill will create that needed consistency across California, protecting both consumers and businesses."
3. Background. SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012, established a general rule that a vehicle owner may park without penalty in any parking space where the parking meter or parking payment center is inoperable for up to the posted time limit. However, SB 1388 also allowed a city or a county to adopt a different rule if it provides adequate notice of the rule at the parking location, or the parking meter or payment kiosk.

In response to SB 1388, the League of California Cities surveyed its members on their practices and reported the following results: many small cities do not have parking meters at all; in cities that do have meters, some ticket for parking at a broken meter, and some do not; and, among cities that ticket at a broken meter, most will dismiss the ticket, unless there is some kind of pattern that indicates mischief.

Responding to reports of some cities taking advantage of their authority to ticket at broken meters or kiosks, AB 61 (Gatto), Chapter 71, Statutes of 2013, removed that authority for a three-year period by including a sunset date of January 1, 2017. According to a July 5, 2012, article in the Los Angeles Times, the City of Los Angeles issues 2.5 million parking citations every year. In 2011, the city increased fines for the sixth time in seven years, anticipating revenue of $8.4 million for the city's general fund.

An editorial published on February 15, 2013, in the Los Angeles Times urged local action on the issue, noting the adverse impact of the fines on low-income individuals and those who live in neighborhoods with scant street or garage parking. The editorial reported that parking tickets generate $150 million in annual revenues for the city. The editorial also noted irregularities with the private company, Xerox State and Local Solutions, that operated the city's Parking Violations Bureau, stating:

Since Xerox took over, a group of people in the city say the company has been trying to keep more parking revenue by stonewalling attempts to fight tickets…(one individual) filed a class-action lawsuit in January, claiming Xerox doesn't really consider their cases but just sends form letters stating that their appeals have been rejected. Then, when motorists try to appeal to the Department of Transportation, Xerox slaps them with late payment fees and penalties.

The city's data on tickets seem to back up (the class-action litigant's) claim that Xerox is rejecting too many appeals. Last year, the city dismissed thousands of tickets after Xerox had rejected the drivers' appeal – vindicating the small percentage of intrepid souls who managed to bring their case to City Hall.

The provisions of AB 61 became inoperative on January 1, 2017. This bill would re-instate those provisions permanently by once again prohibiting a local authority from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, but this time without a sunset date.

1. Arguments in Support. The Howard Jarvis Taxpayers Association, sponsor of this measure, states, "Prior to the passage of AB 61, municipalities were unfairly ticketing vehicle owners who parked at broken meters. Tens of thousands of tickets annually (including 17,000 in Los Angeles alone) were issued against drivers who parked at broken meters. In 2014 Los Angeles generated $165 million in citations while San Francisco received $130 million. There's no need to generate additional revenue by forcing drivers to pay excessive fines and penalties for circumstances outside their control. AB 1625 provides incentive for local governments to quickly address broken parking meters and kiosks without unfairly targeting California's beleaguered drivers."
2. Arguments of Concern. The California Public Parking Association, expressing concern with this bill, writes, "CPPA is concerned by the prescriptive policies outlined in AB 1625 that would abrogate local authority to regulate parking needs. These issues are housed within the jurisdiction of the local governing bodies and should be gauged at the local level to best suit affected constituents. Specifically, preventing local governments from prohibiting, restricting or limiting parking at broken or inoperable parking meters creates an environment that incentivizes intentional tampering with meters and, more importantly, prevents local enforcement from removing or ticketing vehicles parked at 'no limit' or extended limit metered parking areas. In some jurisdictions, limiting enforcement to 'posted time limits' could mean anything from four hours to 'all day.' If a parking meter is rendered inoperable, a vehicle may occupy a parking space all day precluding any other drivers from accessing the space, reducing turnover and negatively affecting local businesses.

"Local governments are constantly adapting to suit the needs of their residents, and 'parking policy' has become dynamic issue that must be determined by a number of unique variables that are not 'one size fits all.' (Local governments) must retain their ability to tailor their parking laws to meet the evolving behaviors and demands of their constituents."

1. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0000117

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

ABPCA Bill Id:AB 1625 (

Author:Rubio) – As Introduced Ver:February 17, 2017

SUBJECT: Inoperable parking meters.

SUMMARY: Prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center.

EXISTING LAW:

1. Allows local authorities to establish parking meter zones and to fix the parking fee for such zones by ordinance.
2. Allows, except as provided below, a vehicle to park, for up to the posted time limit, in any parking space that is subject to an inoperable parking meter or an inoperable parking payment center.
3. Allows local authorities, by ordinance or resolution, to prohibit or restrict the parking of vehicles at inoperable parking meters or inoperable parking payment centers.
4. Provides that no ordinance or resolution adopted by a local authority pursuant to the above provision shall become effective until signs or markings giving adequate notice of the restriction or prohibition on parking have been placed at parking locations, parking meters, or parking payment centers.
5. Defines "inoperable parking meter" to mean a meter located next to and designated for an individual parking space, which has become inoperable and cannot accept payment in any form or cannot register that a payment in any form has been made.
6. Defines "inoperable parking payment center" to mean an electronic parking meter or pay station serving one or more parking spaces that is closest to the space where a person has parked and that cannot accept payment in any form, cannot register that a payment in any form has been made, or cannot issue a receipt that is required to be displayed in a conspicuous location on or in the vehicle.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill prohibits a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center. This bill re-instates provisions of law that contained a sunset date of January 1, 2017, and does so this time on a permanent basis as it does not contain a sunset date. This bill is sponsored by the Howard Jarvis Taxpayers Association.
2. Author's Statement. According to the author, "Assembly Bill 1625 will protect consumers from receiving unjust parking violations at broken parking meters. Currently, cities have various local ordinances and provide different policies across the state. This is inconsistent and unfair to both motorists and businesses that rely on accessible parking spaces. When cities cite motorists at broken parking meters it can hurt businesses, which rely on local governments to have consistent and fair rules that do not scare consumers away. My bill will create that needed consistency across California, protecting both consumers and businesses."
3. Background. SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012, established a general rule that a vehicle owner may park without penalty in any parking space where the parking meter or parking payment center is inoperable for up to the posted time limit. However, SB 1388 also allowed a city or a county to adopt a different rule if it provides adequate notice of the rule at the parking location, or the parking meter or payment kiosk.

In response to SB 1388, the League of California Cities surveyed its members on their practices and reported the following results: many small cities do not have parking meters at all; in cities that do have meters, some ticket for parking at a broken meter, and some do not; and, among cities that ticket at a broken meter, most will dismiss the ticket, unless there is some kind of pattern that indicates mischief.

Responding to reports of some cities taking advantage of their authority to ticket at broken meters or kiosks, AB 61 (Gatto), Chapter 71, Statutes of 2013, removed that authority for a three-year period by including a sunset date of January 1, 2017. According to a July 5, 2012, article in the Los Angeles Times, the City of Los Angeles issues 2.5 million parking citations every year. In 2011, the city increased fines for the sixth time in seven years, anticipating revenue of $8.4 million for the city's general fund.

An editorial published on February 15, 2013, in the Los Angeles Times urged local action on the issue, noting the adverse impact of the fines on low-income individuals and those who live in neighborhoods with scant street or garage parking. The editorial reported that parking tickets generate $150 million in annual revenues for the city. The editorial also noted irregularities with the private company, Xerox State and Local Solutions, that operated the city's Parking Violations Bureau, stating:

Since Xerox took over, a group of people in the city say the company has been trying to keep more parking revenue by stonewalling attempts to fight tickets…(one individual) filed a class-action lawsuit in January, claiming Xerox doesn't really consider their cases but just sends form letters stating that their appeals have been rejected. Then, when motorists try to appeal to the Department of Transportation, Xerox slaps them with late payment fees and penalties.

The city's data on tickets seem to back up (the class-action litigant's) claim that Xerox is rejecting too many appeals. Last year, the city dismissed thousands of tickets after Xerox had rejected the drivers' appeal – vindicating the small percentage of intrepid souls who managed to bring their case to City Hall.

The provisions of AB 61 became inoperative on January 1, 2017. This bill would re-instate those provisions permanently by once again prohibiting a local authority from prohibiting or restricting the parking of vehicles in a parking space that is regulated by an inoperable parking meter or inoperable parking payment center, but this time without a sunset date.

1. Arguments in Support. The Howard Jarvis Taxpayers Association, sponsor of this measure, states, "Prior to the passage of AB 61, municipalities were unfairly ticketing vehicle owners who parked at broken meters. Tens of thousands of tickets annually (including 17,000 in Los Angeles alone) were issued against drivers who parked at broken meters.
   In 2014 Los Angeles generated $165 million in citations while San Francisco received $130 million. There's no need to generate additional revenue by forcing drivers to pay excessive fines and penalties for circumstances outside their control. AB 1625 provides incentive for local governments to quickly address broken parking meters and kiosks without unfairly targeting California's beleaguered drivers."
2. Arguments of Concern. The California Public Parking Association, expressing concern with this bill, writes, "CPPA is concerned by the prescriptive policies outlined in AB 1625 that would abrogate local authority to regulate parking needs. These issues are housed within the jurisdiction of the local governing bodies and should be gauged at the local level to best suit affected constituents. Specifically, preventing local governments from prohibiting, restricting or limiting parking at broken or inoperable parking meters creates an environment that incentivizes intentional tampering with meters and, more importantly, prevents local enforcement from removing or ticketing vehicles parked at 'no limit' or extended limit metered parking areas. In some jurisdictions, limiting enforcement to 'posted time limits' could mean anything from four hours to 'all day.' If a parking meter is rendered inoperable, a vehicle may occupy a parking space all day precluding any other drivers from accessing the space, reducing turnover and negatively affecting local businesses.

"Local governments are constantly adapting to suit the needs of their residents, and 'parking policy' has become dynamic issue that must be determined by a number of unique variables that are not 'one size fits all.' (Local governments) must retain their ability to tailor their parking laws to meet the evolving behaviors and demands of their constituents."

1. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

Howard Jarvis Taxpayers Association [SPONSOR]

Automobile Club of California

Concerns

California Public Parking Association

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958