California Senate Bill SB1388 Amended / Bill

 BILL NUMBER: SB 1388AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 31, 2012 AMENDED IN SENATE APRIL 10, 2012 INTRODUCED BY Senator DeSaulnier (Coauthors: Senators Price and Wyland) (Coauthors: Assembly Members Jeffries and Bonnie Lowenthal) FEBRUARY 24, 2012 An act  to amend Section 22508 of, and  to add Section 22508.5 to  ,  the Vehicle Code, relating to parking. LEGISLATIVE COUNSEL'S DIGEST SB 1388, as amended, DeSaulnier. Parking:  inoperable  parking meters. Existing law  authorizes   prohibits  a local authority  to establish   from establishing  parking meter zones and  fix   fixing  the rate or fees for those zones  , except  by ordinance. Existing law further authorizes a local authority to, by ordinance, cause streets and highways to be marked with white lines designating parking spaces and require vehicles to park within the parking spaces. This bill would  delete the prohibition on a local authority from fixing the rate of fees for those zones, except by ordinance, and would  authorize a local authority to  accept payment of parking meter fees by e-mobile device. The bill also would authorize 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. The bill would  also  authorize parking at an inoperable parking meter for up to the posted time limit if no ordinance or resolution has been adopted to prohibit it. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Sectio   n 22508 of the   Vehicle Code   is amended to read:  22508.  Local authorities   (a)     A local authority  shall not establish parking meter zones  or fix the rate of fees for such zones  except by ordinance. An ordinance establishing a parking meter zone shall describe the area  which   that  would be included within the zone.  Local authorities   (b)     A local authority  may by ordinance cause streets and highways to be marked with white lines designating parking spaces and require vehicles to park within the parking spaces.  No   (c)     An  ordinance adopted by  any   a  local authority pursuant to this section with respect to any state highway shall  not  become effective until the proposed ordinance has been submitted to and approved in writing by the Department of Transportation. The proposed ordinance shall be submitted to the department only by action of the local legislative body and the proposed ordinance shall be submitted in complete draft form.  Any   (d)     An  ordinance adopted pursuant to this section establishing a parking meter zone or fixing rates of fees for  such a   that  zone shall be subject to local referendum processes in the same manner as if  such   the  ordinance dealt with a matter of purely local concern.  (e) A local authority may accept but shall not require payment of parking meter fees by a mobile device.   SECTION 1.   SEC. 2.  Section 22508.5 is added to the Vehicle Code, to read: 22508.5. (a) Except as provided in subdivision (b), a vehicle may 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. (b) Local authorities may, by ordinance or resolution, prohibit or restrict the parking of vehicles at inoperable parking meters or inoperable parking payment centers. No ordinance or resolution adopted by a local authority pursuant to this section 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. (c) For purposes of this section: (1) "Inoperable parking meter" means 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. (2) "Inoperable parking payment center" means 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  which   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.