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AB-1800 Motor vehicles: persons with disabilities.(2001-2002)

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Amended  IN  Assembly  April 16, 2002
Amended  IN  Senate  June 19, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 1800


Introduced  by  Assembly Member Kehoe

January 15, 2002


An act to amend, repeal, and add Sections 22507.6 and Section 22511.5 of the Vehicle Code, relating to motor vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1800, as amended, Kehoe. Motor vehicles: persons with disabilities.
Existing law authorizes a disabled person or disabled veteran displaying special identification disabled person license plates or a distinguishing placard, as issued by the Department of Motor Vehicles or foreign jurisdiction, to park in restricted zones, as defined.
This bill would authorize until January 1, 2006, a disabled person or disabled veteran displaying special identification disabled person license plates or a distinguishing placard to park in restricted zones designated for street sweeping without being issued a parking violation, except in certain circumstances when restricting all parking in specified areas is necessary to comply with a municipal storm water National Pollutant Discharge Elimination System permit.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 22507.6 of the Vehicle Code is amended to read:
22507.6.

(a)Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping. No ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. No ordinance or resolution relating to the parking or standing of vehicles in any district shall be effective with respect to any vehicle displaying a special identification disabled person license plate or a distinguishing placard issued by the Department of Motor Vehicles or foreign jurisdiction. No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. As used in this section, “entrance” means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.

(b)This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.

SEC. 2.Section 22507.6 is added to the Vehicle Code, to read:
22507.6.

(a)Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping. No ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. As used in this section, “entrance” means the intersection of any street or streets comprising an area of restricted parking for street sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.

(b)This section shall become operative on January 1, 2006.

SEC. 3.

Section 22511.5 of the Vehicle Code is amended to read:

22511.5.
 (a) (1) Any disabled person or disabled veteran displaying special identification license plates issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 shall be allowed to park for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of subdivision (a) of Section 21458 or on streets upon which preferential parking privileges and height limits have been given pursuant to Section 22507.
(B) In any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance.
(2) Any disabled person or disabled veteran shall be allowed to park in any metered parking space without being required to pay any parking meter fees.
(3) Any (A) Except as provided in subparagraph (B), any disabled person or disabled veteran shall be allowed to park in any zone that is restricted for the purpose of street sweeping without being issued a parking violation.
(B) Notwithstanding subparagraph (A), the local jurisdiction may adopt an ordinance or resolution in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) to restrict all parking in a portion of a jurisdiction or in the entire jurisdiction if the local jurisdiction determines and finds after implementing this section that such restriction is necessary to achieve compliance with a municipal storm water National Pollutant Discharge Elimination System permit (pursuant to Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p))).
(4) This subdivision does not apply to any zone for which state law or ordinance absolutely prohibits stopping, parking, or standing of all vehicles, or which the law or ordinance reserves for special types of vehicles, or to the parking of any vehicle that is involved in the operation of a street vending business.
(b) Any disabled person or disabled veteran shall be allowed to park a vehicle displaying a special identification disabled person license plate or placard issued by a foreign jurisdiction with the same parking privileges authorized in this code for any vehicle displaying a special identification license plate or a distinguishing placard issued by the Department of Motor Vehicles.
(c) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date.

SEC. 4.

Section 22511.5 is added to the Vehicle Code, to read:

22511.5.
 (a) (1) Any disabled person or disabled veteran displaying special identification license plates issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 shall be allowed to park for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of subdivision (a) of Section 21458 or on streets upon which preferential parking privileges and height limits have been given pursuant to Section 22507.
(B) In any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance.
(2) Any disabled person or disabled veteran shall be allowed to park in any metered parking space without being required to pay any parking meter fees.
(3) This subdivision does not apply to any zone for which state law or ordinance absolutely prohibits stopping, parking, or standing of all vehicles, or which the law or ordinance reserves for special types of vehicles, or to the parking of any vehicle that is involved in the operation of a street vending business.
(b) Any disabled person or disabled veteran shall be allowed to park a vehicle displaying a special identification disabled person license plate or placard issued by a foreign jurisdiction with the same parking privileges authorized in this code for any vehicle displaying a special identification license plate or a distinguishing placard issued by the Department of Motor Vehicles.
(c) This section shall become operative on January 1, 2006.

SEC. 5.

It is the intent of the Legislature that paragraph (3) of subdivision (a) of Section 22511.5, as amended, not be construed to create a violation of any municipal stormwater National Pollutant Discharge Elimination System permit. The

SEC. 3.

 The
Legislature intends to reassess the provisions of paragraph (3) of subdivision (a) of Section 22511.5, as amended, after obtaining information from the League of California Cities on any impact this measure may have on the ability of local agencies to obtain or remain in compliance with municipal stormwater permits.