AMENDED IN SENIOR SENATE OCTOBER 27, 2009
SENIOR SENATE PROPOSAL NO. 17
INTRODUCED BY SENIOR SENATOR ERVEN
LEGISLATIVE COUNSEL'S DIGEST
SP 17: ENFORCING DISABLED PERSONS PARKING ENTITLEMENT.
EXISTING LAW AUTHORIZES A LOCAL AUTHORITY OR A PERSON IN LAWFUL POSSESSION OF AN OFFSTREET PARKING FACILITY TO DESIGNATE STALLS OR SPACES IN AN OFFSTREET PARKING FACILITY OWNED AND OPERATED BY THE LOCAL AUTHORITY OR PERSON FOR THE EXCLUSIVE USE OF A VEHICLE DISPLAYING A SPECIAL LICENSE PLATE OR DISTINGUISHING PLACARD ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES FOR DISABLED PERSONS AND PROVIDES THAT IT IS UNLAWFUL FOR A PERSON TO PARK OR LEAVE STANDING ANY VEHICLE IN SUCH A STALL OR SPACE DESIGNATED FOR DISABLED PERSONS UNLESS THE VEHICLE DISPLAYS THE APPROPRIATE PLATE OR PLACARD.
EXISTING LAW PROVIDES THAT A PEACE OFFICER OR ANY REGULARLY EMPLOYED AND SALARIED EMPLOYEE ENGAGED IN DIRECTING TRAFFIC OR ENFORCING PARKING LAWS AND REGULATIONS OF A CITY, COUNTY, OR JURISDICTION OF A STATE AGENCY MAY CITE OR REMOVE ANY VEHICLE FROM A DESIGNATED SPACE FOR THE DISABLED IF THE VEHICLE LACKS A SPECIAL IDENTIFYING PLATE OR PLACARD.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DIRECT PATROL OFFICERS OF PRIVATELY OWNED PARKING FACILITIES TO ISSUE A CITATION TO A VEHICLE PARKED IN A SPACE OR STALL DESIGNATED FOR DISABLED PERSONS, WHEN THE VEHICLE DOES NOT DISPLAY A SPECIAL LICENSE PLATE OR DISTINGUISHING PLACARD ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES FOR DISABLED PERSONS.
THIS MEASURE WOULD FURTHER REQUIRE A LOCAL GOVERNMENT ENTITY TO TRAIN AND ISSUE CITATION BOOKS TO PRIVATE PARKING FACILITY PATROL UNITS FOR THE PURPOSE OF ISSUING CITATIONS TO ANY VEHICLE IMPROPERLY PARKED IN A DISABLED PERSON’S DESIGNATED SPACE.
VOTE: MAJORITY.
SP 17: RELATING TO VIOLATION OF DISABLED PERSONS PARKING ENTITLEMENT
WHEREAS, THE FEDERAL AMERICANS WITH DISABILITIES ACT (ADA) MANDATES THAT ALL PARKING LOTS, PUBLIC AND PRIVATE, PROVIDE MARKED SPACES FOR DISABLED PERSONS, WITH A MINIMUM OF FOUR SPACES REQUIRED FOR A 100 SPACE PARKING LOT; AND
WHEREAS, FOUR PERCENT OF A 100 SPACE PARKING LOT IS INSUFFICIENT TO ACCOMMODATE THE MORE THAN 40 PERCENT OF THE SENIOR POPULATION WHO SUFFER FROM A DISABILITY IMPACTING THEIR MOBILITY, THUS JUSTIFYING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL LICENSE PLATE OR DISTINGUISHING PLACARD TO DISABLED PERSONS TO DISPLAY ON THEIR VEHICLES; AND
WHEREAS, PUBLICLY OWNED PARKING LOTS HAVE A PUBLICLY AUTHORIZED PATROL SERVICE TO ENFORCE PARKING REGULATIONS, INCLUDING THE USE OF TIME ALLOCATED SPACES, WITHIN MARKED SPACES AND THE IMPROPER USE OF SPACES DESIGNATED FOR DISABLED PERSONS; AND
WHEREAS, PARKING VIOLATION FINES ARE PART OF THE “LIFE BLOOD” OF ANY MUNICIPALITY, THUS JUSTIFYING THE EMPLOYMENT OF A PARKING ENFORCEMENT PATROL; AND
WHEREAS, FOR THE PURPOSE OF THIS PROPOSAL, “PRIVATE PARKING FACILITY” INCLUDES, BUT IS NOT LIMITED TO, SHOPPING MALLS, HOSPITAL PARKING AREAS, OFFICE COMPLEXES WITH THEIR OWN PARKING LOTS, MAJOR ENTERTAINMENT ATTRACTIONS SUCH AS DISNEYLAND, MAGIC MOUNTAIN, AND UNIVERSAL STUDIOS, AND PARKING LOTS AT PRIVATE TIME-SHARE CONDOMINIUMS; AND
WHEREAS, PRIVATE PARKING LOT PATROLS, EMPLOYED BY OR UNDER CONTRACT TO A PRIVATE FACILITY, FAIL TO CONSIDER VEHICLES PARKED IN SPACES DESIGNATED FOR DISABLED PERSONS THAT DO NOT DISPLAY THE APPROPRIATE SPECIAL LICENSE PLATE OR DISTINGUISHING PLACARD, WHICH VIOLATES THE INTENT AND PURPOSE OF THE ADA TO ENSURE PARKING AVAILABILITY TO THE DISABLED; AND
WHEREAS, A REMEDY FOR MISUSE OF DISABLED PERSONS’ PARKING SPACES IS FOR THE PARKING PATROL OF A PRIVATE PARKING FACILITY TO ISSUE A CITATION, REQUIRING THE OPERATOR OF A MOTOR VEHICLE TO APPEAR BEFORE AN ADMINISTRATIVE OR JUDICIAL OFFICER TO EXPLAIN WHY THE ADA WAS DISREGARDED AND TO PAY AN APPROPRIATE FINE; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE DIRECT THAT ALL PARKING OF VEHICLES NOT BEARING A DISABLED PERSON’S IDENTIFICATION IN A DISABLED PERSON’S DESIGNATED SPACE BE SUBJECT TO CITATION; AND BE IT FURTHER
RESOLVED, THAT ANY CITY OR COUNTY MAY AUTHORIZE ALL PERSONS EMPLOYED FOR THE PURPOSE OF PATROLLING A PRIVATE PARKING FACILITY BE AUTHORIZED TO ISSUE CITATIONS FOR VIOLATION OF STATE LAW REGARDING PARKING IN SPACES DESIGNATED FOR DISABLED PERSONS; AND BE IT FURTHER
RESOLVED, THAT A CITY OR COUNTY WHICH MAKES THIS AUTHORIZATION BE REQUIRED TO TRAIN PRIVATE PATROL PERSONNEL AND ISSUE CITATION BOOKS TO PRIVATE PARKING FACILITY PATROL UNITS; AND BE IT FURTHER
RESOLVED, THAT ALL PRIVATE PARKING FACILITY PATROL UNITS BE DIRECTED TO WRITE AND ISSUE A PARKING CITATION TO ANY VEHICLES NOT ENTITLED TO PARK IN A SPACE OR STALL DESIGNATED FOR DISABLED PERSONS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN 09 16419
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