Vehicle immobilization: illegal dumping violation penalties., the official text

An act to add Section 22651.10 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

Existing law authorizes a peace officer, as defined, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations, as specified, to immobilize a vehicle with a device made for that purpose, if the vehicle is found upon a highway or public lands within the officer or employee’s jurisdiction, and the vehicle has been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded within the prescribed time period, or the registered owner has been issued 5 or more notices for failure to pay or failure to appear in court for traffic violations, as specified. Existing law allows a vehicle to be immobilized until the owner or person in control of the vehicle presents the immobilizing law enforcement agency with specified information, including evidence that all outstanding parking penalties have been paid.
Existing law makes it unlawful and punishable as an infraction for a person to dump or cause to be dumped waste matter upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful and punishable as a misdemeanor for a person to place, deposit, or dump, or cause to be placed, deposited, or dumped, waste matter in commercial quantities, as specified.
This bill would similarly authorize the immobilization of a vehicle with a device made for that purpose if the registered owner of the vehicle has been issued a certain number of notices of illegal dumping violation that are delinquent, or is known to have been issued a certain number notices for failure to pay or failure to appear in court for an illegal dumping violation, as specified.

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

SECTION 1.
Section 22651.10 is added to the Vehicle Code, to read:
22651.10.
(a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in code enforcement, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the officer or employee may act if the vehicle is found upon a highway or public lands and the registered owner of the vehicle has been issued five or more notices of a violation of subdivision (a) or (b) of Section 374.3 of the Penal Code, or two or more notices of a violation of subdivision (h) of Section 374.3 of the Penal Code, that are delinquent, or is known to have been issued five or more notices for failure to pay or failure to appear in court for a violation of subdivision (a) or (b) of Section 374.3 of the Penal Code or two or more notices for failure to pay or failure to appear in court for a violation of subdivision (h) of Section 374.3 of the Penal Code, for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner’s record has not been cleared. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following:
(1) Evidence of their identity.
(2) An address within this state at which they can be located.
(3) Satisfactory evidence that the full amount of penalties for violations of Section 374.3 of the Penal Code has been deposited for all notices of violation issued to the person and that bail has been deposited for all violations of Section 374.3 of the Penal Code that have not been cleared. In lieu of furnishing satisfactory evidence that the full amount of penalties or bail, or both, have been deposited, the person may demand to be taken without unnecessary delay before a magistrate, for violations of Section 374.3 of the Penal Code, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(b) A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle.