AgdaPkt 2006-04-24 - Laserfiche WebLink

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Legislative Bill Summaries TRANSPORTATION S8 1404 (Machado). Vehicles. Parking Violations. Street Cleaning. S8 1404 adds Section 40216 to the Vehicle Code to require cities to prove street sweeping occurred on the date a street sweeping violation ticket was issued. Further, this bill also declares that the regulation of parking violations of an ordinance for street cleaning is in need of uniform statewide regulation. The league is opposed to S8 1404 for the following reasons: . S8 1404 attempts to strip away authority to enforce local ordinances for services that a city has the right to provide. Cities provide street sweeping services in accordance with local conditions and available resources. Statewide regulation of street sweeping would be a one-size-fits-all approach that doesn't reflect the uniqueness of each city, doesn't take into account the many varied street sweeping programs that exist, and doesn't give authority to local governing bodies to provide services as demanded by city residents. . Under this legislation, the burden of proof is placed on a city to prove that the city provided street cleaning services on the day all parking violation notices are issued. Requiring the city to provide documentation for each street sweeping ticket is not an efficient use of city staff resources when current law already allows an individual to appeal a parking ticket to the issuing agency. In fact, Sections 40202 and 40215 of the Vehicle Code provide that a ticket may be dismissed, at the request of review, within 21 days after the issuance of a parking violation if the issuing officer or agency determines that, in the interest of justice, the notice of parking violation should be cancelled. . S8 1404 puts financial burdens on cities. Many jurisdictions have tight budgets and minimum staffing. Under this legislation, staff time would be taken away from other services to residents to prove street sweeping has occurred. It can be anticipated that a city may have to devote at least one full-time staff person to meet the requirements outlined in this bill. And, even if a ticket is dismissed, a city would still have to process citations, pay for paper stock. staff time and other associated costs. . S8 1404 holds cities to specific maintenance times without taking Into account other issues that may interfere with street sweeping. Issues that may effect street sweeping occurring on a designated and posted day and time include employee illness, equipment breakdown, or a city-wide emergency such as flooding, that would require diversion of personnel to meet urgent community needs. . S8 1404 has the potential to set a slippery slope and could create a tendency to disregard other posted parking restrictions and laws. On the surface, it appears that this legislation is a small issue because it applies only to street sweeping. However, one could use the logic set forth in this legislation to park in a red zone (fire hydrant area), a loading area or a handicap space and contest the ticket if a fire department didn't actually need to use the fire hydrant, a delivery wasn't actually made, or a disabled person didn't need to park in the handicapped space. Additionally, one could argue that they don't have to stop at a stop sign if no cross-traffic is present. Almost 80 percent of Californians live within city boundaries and have an expectation of services that must be provided to maintain a clean and healthy environment. Cities should have the