Policy Text
Roll Call Trainin g Bulletin
Produced b y: Sgt. Mark Scurria, MCIU Katherine Lester , Chief o f Police
Prepared by: Ofc. Jeremy Ratcl iffe, PSU Volume 127
Enfor cement of Vehicle Codes on “Off-Street Parking Facilities”
05-12-2023
There are several privately -owned properties labeled as “off-street parking facilities ” within the city limits that
allow SPD officers to enforce certain vehicle code s pursuant to California Vehicle Code (CVC) § 21107.8.
Arden Fair Mall is the most well -known example. SPD and the City Attorney’s Office recently added Delta
Shores Shopping Center (“Delta Shores”) to the list of properties.
WHAT IS AN “OFF -STREET PARKING FACILITY? ”
• Any publicly or privately owned parking facilit y;
• For which no fee is charged for the privilege to park ; and
• Which is held open for the common public use of retail customers .
WHICH COMMON VEHICLE CODES CAN OFFICERS ENFORCE WITHIN ALL “OFF- STREET PARKING
FACILITIES ” REGARDLESS OF POSTING?
• Reckless Driving (CVC § 23103)
• Speed Contest /Exhibition of Speed (CVC § 23109)
• Unlicensed/Suspended Driving (CVC § § 12500 , 14601.1) ;
• Hit & Run (CVC §§ 20001, 20002 ); or
• DUI (CVC § 23152) .
WHICH VEHICLE CODES CAN OFFICERS ENFORCE ONLY WITHIN THE “OFF -STREET PARKING
FACILITIES” ENUMERATED IN SCC § 10.42.010?
• If the propert y has been designated by city ordinanc e or resolution, and the property has been properly
posted as described in CVC § 21107.8 , at each entrance , officers can enforce the following vehicle
codes:
• Unsafe speeds for the conditions (CVC § 22350)
• Reckl ess Driving ( CVC § 23103)
• Speed Contest/Exhibition of Speed ( CVC § 23109)
• Any of the provisions of CVC Division 16.5 governing off-highway vehicles
WHAT IS CVC DIVISION 16.5?
• CVC Division 16.5 governs the use of off-highway vehicles.
o A vehicle qualifies as an “off-highway vehicle” per CVC § 38006 when the vehicle is
registered, or would be required to be register ed, under the provisions of CVC § 4000a.
• Enforcement is permi tted related to “ off-highway vehicles ” on “off-street parking facilities ” when:
o The vehicle is located on a property that is listed in SCC § 10.42.010 and the property is
posted, pursuant to the requirements of CVC § 21107.8(b) , notifying motorist of th e
applicability of the Vehicle Code to the specific property .
• Examples of useful codes which may be cited at posted off -street parking facilities, pursuant to CVC
Division 16.5 are listed at the bottom of this RCTB .
WHICH PROPERTIES ARE DE SIGNATED BY CIT Y ORDINANCE AS “OFF -STREET PARKING
FACILITIES? ”
• For a list of properties labeled as “off -street parking facilities” in Sacramento, refer to SCC §
10.42.010 (A).
Roll Call Trainin g Bulletin
Produced b y: Sgt. Mark Scurria, MCIU Katherin e Lester , Chief of Police
Prepared by: Ofc. Jeremy Ratcl iffe, PSU Volume 127
DOCUMENTATION
• When citing or arresting for the above -menti oned misdemeanor or felony violations, SPD policy
states that a report must be generated.
• Ensure observed signage is documented within the report, and that the signage complied with SCC
§ 10.42.020 and CVC § 2 1107.8(b) .
• Ensure that the property being designated as an “off -street parking facility” by city ordi nance is
documented within the report.
• When citing for an infraction, it is recommended that officers not e the above information on the
citation itself, o r by noting comments on the call .
EXAMPLES OF USEFUL CODES WHICH MAY BE CITED AT POSTED “OFF- STREET PARKING
FACILITIES ” PURSUANT TO CVC DIVISION 16.5
Ensure any cited codes are thoroughly read to ensure all elem ents are met prior to conducting any form of
detention or enforcement action.
• CVC § 38010(a) – License plate required.
• CVC § 38170(b) – License plate shall be securely affixed to the vehicle.
• CVC § 38304– A driver must be able to reach and operate all vehicle controls safely .
• CVC § 38310– The prima faci e speed limit is 15 MPH , unless otherw ise pos ted, near a
concentration of people.
• CVC § 38312– No person shall place a vehicle in motion until i t can be done safely .
• CVC § 38314– No person shall turn a vehicle left or right until safe to do so.
• CVC § 38318(a) – Th