Article 5. Enhanced Curb Management System
40275.
(a) As used in this article, both of the following definitions apply:
(1) “Enhanced curb management system” or “system” means a system of one or more stationary cameras or sensor devices with designated signage that record images of vehicles for the purpose of enforcing parking violations or automating parking payments.
(2) “Designated jurisdiction” means any of the Cities of Los Angeles, Santa Monica, West Hollywood, Inglewood, San Diego, or Long Beach, or the city parking enforcement authority within the City of Los Angeles, Santa Monica, West Hollywood, Inglewood, San Diego, or Long Beach.
(b) A designated jurisdiction may establish an enhanced curb management system if it meets all of the requirements of this article.
(c) An enhanced curb management system shall be operated by, or under the oversight of, a designated jurisdiction or by a contracted vendor on behalf of a designated jurisdiction.
(d) Before the governing body of the designated jurisdiction establishes an enhanced curb management system, the governing body of the designated jurisdiction shall adopt a public ordinance or resolution that authorizes the use of an enhanced curb management system in any of the following locations:
(1) Passenger loading zones.
(2) Commercial loading zones for the purpose of enforcing parking violations only.
(3) Smart loading zones.
(4) Zero-emissions delivery zones.
(5) Bicycle lanes.
(6) No stopping zones.
(7) Crosswalks.
(e) (1) A designated jurisdiction may automate parking payments by charging vehicles a fee for access to passenger loading zones and smart loading zones.
(2) A designated jurisdiction that charges vehicles a fee for access pursuant to paragraph (1) shall outline the fee, and any adjusted rates, in an ordinance or resolution.
(3) A designated jurisdiction shall not charge vehicles a fee for access to commercial loading zones that existed prior to the adoption of an ordinance or resolution.
(f) (1) The public ordinance or resolution that authorizes the use of an enhanced curb management system shall include an Enhanced Curb Management Use Policy that shall set forth the specific purpose of the system, the uses that are authorized, the rules and processes requirement to be followed by employees and contractors of the designated jurisdiction administering the system prior to its use, and the uses of the equipment or data collected that are prohibited.
(2) The policy shall identify the data or information that can be collected by the system and the individuals who can access or use the collected information, and the rules and processes related to the access, transfer, and use of the information.
(3) The policy shall include provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the Enhanced Curb Management Use Policy.
(4) The Enhanced Curb Management Use Policy, as an element of the public ordinance or resolution, shall be made available for public review, including, but not limited to, by posting it on the designated jurisdiction’s internet website at least 30 calendar days prior to adoption by the governing body of the designated jurisdiction.
(g) A designated jurisdiction shall post signage giving notice of the enhanced curb management system, and the signage shall be posted clearly and positioned to provide reasonable notice to motorists in the affected area before the commencement of enforcement.
(h) A designated jurisdiction may install a system pursuant to this article only if the examiner or issuing agency, as described in Section 40215, includes options to reduce or waive the payment of a parking penalty when the person is determined to be indigent, as defined in Section 40220.
40276.
(a) The image data collected by the system shall be used only for both of the following:
(1) To enforce parking violation laws.
(2) To charge vehicles a fee for access to designated passenger loading zones and smart loading zones.
(b) The image data collected by the system shall not be retained longer than 60 days after final disposition of a citation, six months after a paid session in a passenger loading zone or smart loading zone, or 30 days after the image was recorded if a citation is not issued or a fee is not charged, after which time the information shall be destroyed.
(c) The designated jurisdiction shall ensure a contracted vendor operating the system follows the data retention and privacy guidelines pursuant to this section.
(d) The image data and personal identifying information obtained from the Department of Motor Vehicles for enforcement shall be confidential, shall only be used for purposes of processing the parking violation or to charge vehicles a fee for access, and shall not be disclosed except as required by law.
(e) (1) The system shall collect only the minimum image data reasonably necessary to identify a vehicle license plate for the purposes described in subdivision (a).
(2) To the extent technologically feasible, the system shall automatically obscure or blur portions of an image that do not depict the license plate or vehicle necessary for enforcement.
(f) (1) A designated jurisdiction, or any contracted vendor operating the system, shall not cooperate with or provide image data to any individual, agency, or department from another state or to a federal agency, except when disclosure is required by federal law or a warrant is issued by a court of competent jurisdiction.
(2) Failure to comply with the data sharing restrictions in paragraph (1) shall result in excess revenue from the program being reverted to the Active Transportation Program, established pursuant to Chapter 8 (commencing with Section 2380) of the Streets and Highways Code, to be allocated by the California Transportation Commission, upon appropriation by the Legislature, pursuant to Section 2381 of the Streets and Highways Code.
40277.
(a) Notwithstanding subdivisions (a) and (b) of Section 40202, a notice of parking violation may be served by mail without physical attachment to the vehicle if the violation is detected by an enhanced curb management system operated by a designated jurisdiction in accordance with this article.
(b) An enhanced curb management system shall meet all of the following procedures:
(1) The enhanced curb management system shall record images of the vehicle and license plate at the time of the alleged violation, along with the date, time, and location. The recorded data shall be of sufficient clarity to identify the vehicle involved.
(2) Before mailing a notice of parking violation under this section, the image data shall be reviewed and approved by a peace officer or person authorized to enforce parking laws. The reviewing person shall verify that the vehicle was in violation of the applicable parking regulation based on the image data. A certification of this review shall be included in the case file.
(3) The processing agency shall mail the notice of parking violation to the registered owner of the vehicle no later than 15 calendar days after the date of the violation. The notice shall include copies of the image data and information on how to view any image data, the violation details, and the procedure to pay or contest the citation.
(4) A notice of parking violation issued under this section has the same force and effect as a notice placed on a vehicle windshield. All rights and obligations applicable to the recipient of a parking citation under this chapter, including the right to contest under Section 40215, and affidavits of nonliability under Sections 40208 and 40209, shall apply to notices served by mail pursuant to this section.
(c) The notice of parking violation mailed under this section shall include a statement of the vehicle owner’s privacy rights regarding the image data.
(d) (1) Revenues derived from any program utilizing an enhanced curb management system shall first be used to recover program costs. Program costs include, but are not limited to, the installation of camera enforcement systems, the adjudication of violations, and reporting requirements, as specified in this article.
(2) A designated jurisdiction using an enhanced curb management system, as authorized by this article, shall maintain their existing commitment of local funds for curbside parking enforcement and shall annually expend not less than the annual average of expenditures for local curbside parking enforcement during the 2023–24, 2024–25, and 2025–26 fiscal years. For purposes of this subdivision, in calculating average expenditures on curbside parking enforcement, restricted funds that may not be available on an ongoing basis, including those from voter-approved bond issuances or tax measures, shall not be included. Any excess revenue shall be used for parking management measures within three years of the end of the fiscal year in which the excess revenue was received. If parking management measures are not planned or constructed after the third year, excess revenue shall revert to the Active Transportation Program established pursuant to Chapter 8 (commencing with Section 2380) of the Streets and Highways Code, to be allocated by the California Transportation Commission, upon appropriation by the Legislature, pursuant to Section 2381 of the Streets and Highways Code.
40278.
(a) Before a designated jurisdiction issues notices of parking violation under Section 40277, the designated jurisdiction shall observe a public information campaign in accordance with this section.
(b) (1) The designated jurisdiction shall conduct a public information campaign for at least 60 days before issuing citations. This campaign may include public service announcements, press releases, community meetings, social media notifications, and other outreach to inform motorists of the new enforcement method, the locations involved, and the date on which citations will begin.
(2) For the first 60 days of active enforcement using a system at a given location, the designated jurisdiction shall issue only warning notices, with no monetary penalty, to violators caught by the system. The warning notices shall clearly explain the violation and state that no fine is assessed for this warning, but that future violations will result in citations with fines.
(c) The requirements of this section shall apply each time a new automated parking enforcement camera or location is activated by a designated jurisdiction. The designated jurisdiction shall maintain records of its public outreach efforts and the issuance of warning notices. The records shall be available for public inspection.
40279.
(a) A designated jurisdiction using an enhanced curb management system shall, on or before March 1 of the fifth year in which the system has been implemented, or by December 1, 2031, whichever occurs first, submit a report to its governing body and the transportation committees of the Legislature an evaluation of the system in their respective jurisdictions to determine the system’s impact on safety, loading zone activity, and the system’s economic impact on the communities where the system is utilized.
(b) (1) The report shall be made available on the internet website of the designated jurisdiction and shall include all of the following information:
(A) The number of notices of automated parking fees and the number of violations issued by month and year, the locations where violations occurred, and the number of vehicles with two or more violations in a monthly period and a yearly period.
(B) The number of fees paid, violations paid, the number of delinquent violations and fees, and the number of violations contested. For the violations contested, the report shall indicate the number of notices that were dismissed.
(C) The costs associated with implementation and operation of the system, and revenues collected by each jurisdiction.
(D) A racial and economic equity impact analysis, developed in collaboration with local racial justice and economic equity stakeholder groups. The analysis shall include the amount of fees charged, and the number of notices of violations issued, to indigent individuals, to individuals of up to 250 percent above the poverty line, and to each ZIP Code.
(2) The report shall be submitted in compliance with Section 9795 of the Government Code.
40280.
The governing body of the designated jurisdiction shall approve an Enhanced Curb Management Impact Report after implementing a system. The Enhanced Curb Management Impact Report shall include all of the following information:
(a) An assessment of impact of the system on civil liberties and civil rights and any recommendations to improve ways to safeguard those public rights.
(b) A description of the system and how it works.
(c) Fiscal costs for the system, including program establishment costs, projected ongoing costs, and program funding.
(d) If deployment locations of systems are in predominantly in low-income neighborhoods.
(e) Locations where the system was deployed and data for these locations.
40280.5.
Image data and records collected pursuant to this article shall not be used or processed by an automated license plate recognition system, as defined in Section 1798.90.5 of the Civil Code.
40281.
This article shall remain in effect only until January 1, 2032, and as of that date is repealed.