New Cell Phone Law Effective January 1, 2017 Requires Mounting of Phone For Car Use

The Camarillo Police Department’s Traffic Bureau reminds motorists that a new cell phone law takes effect on January 1, 2017. On the 1st, the existing cell phone law, California Vehicle Code 23123.5, is being repealed and a new cell phone law signed by Governor Brown in September 2016 (Assembly Bill 1785) is being put in its place.

California Vehicle Code 23123.5. now states:
(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

This new cell phone law means if drivers intend to use their cellphones while operating a motor vehicle, drivers must have their cell phones mounted to the dashboard, center console, or windshield and can only use a “feature” on the phone with a single swipe or tap of the driver’s finger.

A violation of this law is an infraction. The base fine for the first offense is $20 and $50 for each subsequent offense.

According to the National Highway Traffic Safety Administration (NHTSA), “The percentage of drivers text-messaging or visibly manipulating handheld devices increased from 1.7 percent in 2013 to 2.2 percent in 2015. Since 2007, young drivers (age 16 to 24) have been observed manipulating electronic devices at higher rates than older drivers. Data shows the average time your eyes are off the road while texting is five seconds. When traveling at 55mph, that's enough time to cover the length of a football field blindfolded.”

California Statewide Single-Use Carryout Bag Ban is Now in Place

On November 8, 2016, California voters approved Proposition 67, the statewide Single-Use Carryout Bag Ban.

As a result, the new law is in effect and most grocery stores, retail stores with a pharmacy, convenience stores, food marts, and liquor stores are no longer able to provide single-use plastic carry-out bags to customers.

Instead, these stores may provide a reusable grocery bag or recycled paper bag to a customer at the point of sale at a charge of at least 10 cents.

Many cities and counties have bag ordinances in place. Some of these jurisdictions’ ordinances will not be subject to this new law, depending on whether they meet certain preemption requirements.

• The City of Calabasas has had a single-use bag ban in place since July 1, 2011. www.cityofcalabasas.com/bags.html
• The City of Ojai has had a single-use bag ban in place since July 1, 2012. ojaicity.org/single-use-carryout-bag-ordinance
• Plastic single-use bags have been banned in Malibu since 2008 www.malibucity.org/index.aspx?nid=295

The following types of stores are impacted by the bag ban:

Grocery Stores: Full-line, self-service retail stores with gross annual sales of at least $2 million that sell a line of dry groceries, canned goods, or nonfood items and some perishable items.

Large Retail Stores with a Pharmacy: Stores that have at least 10,000 square feet of retail space and a pharmacy and that generate sales or use tax.

Convenience Stores, Food Marts, or Liquor Stores: Stores engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that hold a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

Volunteer Stores: Retail establishments not included in this list that voluntarily agree to comply with the requirements of the statute.

Are there single-use bags NOT covered by the new law?
Yes. Bags used by pharmacies for prescriptions; bags used to protect a purchased item from damage or contamination, such as bags used for fruits and vegetables; and bags used to contain unwrapped food items like bulk foods are some examples of single-use bags not covered by the new law. In addition, bags without handles that are designed to be placed over articles of clothing on a hanger are not covered under the new law.

More details at www.calrecycle.ca.gov/Plastics/CarryOutBags/default.htm.

California Sales and Use Tax Rates Drop by .25 Percent on January 1, 2017

A sliver of good news on the tax front. Voters approved Proposition 30, The Schools and Local Public Safety Protection Act of 2012, in the November 6, 2012 statewide election. The measure was approved by a margin of 56% to 45%.

Proposition 30 mandated an increase in the statewide sales tax rate from 7.25% to 7.5% effective 1/1/13 through 12/31/16. along with a 7 year increase in marginal income tax rates for certain filers with incomes over $250,000.

Since we are quickly approaching the end of 2016, we have a .25% reduction in sales and use tax rates to look forward to in the new year.

This means that sales taxes in most of Ventura County, including Thousand Oaks, will drop from 7.5% to 7.25%, Rates in Oxnard and Port Hueneme will drop from 8% to 7.75%. Rates in Los Angeles County, including neighbors Agoura Hills and Westlake Village, will drop from 9% to 8.75%.

Thousand Oaks Violent Crime Rate Ranks in Top 12 Lowest Among Large Cities in 2015

In a separate post, we noted that the cities of Thousand Oaks and Simi Valley ranked 4th and 5th in terms of lowest overall crime rates in the United States and 1st and 2nd in California based on 2015 FBI data. Kudos!

Here, based on the same Uniform Crime Reporting data for 2015 released by the FBI in September, we will take a closer look at large cities (defined as 100,000+ residents) with the lowest and highest violent crime rates in he country.

Violent crimes consist of murder, rape, robbery and aggravated assault whereas property crimes are categorized as non-violent reported instances of burglaries, thefts (including cars) and arson.

Top 25 lowest overall violent crime rates per 1,000 inhabitants in 2015; cities with population of 100,000 or more (Source: FBI Uniform Crime Reporting Data)

As you can see above, while the City of Thousand Oaks has the 12th lowest violent crime rate among large cities of 1.05 incidents per 1,000 residents, the City's property crime rate is lower than most on this list. Simi Valley's rate of 1.36 incidents per 1,000 ranks it 26th out of close to 300 large cities.

The city of Cary, North Carolina, ranked as lowest on this list with .5 violent crimes per 1,000 residents in 2015, followed closely by another local perennially safe city, Irvine. Glendale ranks a very respectable 7th on this list.

Top 25 highest overall violent crime rates per 1,000 inhabitants in 2015; cities with population of 100,000 or more (Source: FBI Uniform Crime Reporting Data)

No Ventura County area cities came anywhere close to the top 25 highest violent crime rate large cities in the U.S. This list was topped by the cities of St. Louis, Detroit, Birmingham, Memphis and Milwaukee, with violent crime rates ranging from 16 to 18 incidents per 1,000 residents in 2015.

Our neighbor, the City of Los Angeles, with its population of nearly 4 million, ranked 92nd on the list with 6.35 violent crimes per 1,000 residents.

Was a crime committed in your neighborhood? Check the Ventura County Sheriff's Department online crime maps.

Thousand Oaks and Simi Valley Had the 4th and 5th Lowest Crime Rates Among Large Cities in 2015

In late September, the FBI released its annual Uniform Crime Reporting (UCR) data for 2015. "Crime in the United States, 2015" compiles crime data from law enforcement agencies throughout the United States. The data includes violent crimes, consisting of murder, forcible rape, robbery and aggravated assault, and property crimes such as burglaries and thefts.

The overall U.S. violent crime rate grew 3.1% in 2015 as compared to 2014, with 3.73 incidents per 1,000 inhabitants. Overall property crimes declined 3.4%, at 24.87 incidents per 1,000 inhabitants in 2015.

Three years ago, the crime rates were 3.87 (violent crimes) and 28.59 (property crimes), indicating the rates have declined overall over the last three years.

We took a look at the data for approximately 300 cities in the U.S. with populations of 100,000 or more. The cities of Thousand Oaks and Simi Valley ranked 4th and 5th in the U.S. and 1st and 2nd in California for the lowest overall crime rates among large cities in 2015. Congratulations! The top 10 are shown in the table below:

Top 10 lowest overall crime rates per 1,000 inhabitants in 2015; cities with population of 100,000 or more (Source: FBI Uniform Crime Reporting Data)

The cities of Oxnard and Ventura landed at 143 and 153 when ranked by lowest total crime rates.

Taking a look at solely violent crimes (murder, rape, robbery, assault), the list looks a bit different. Thousand Oaks and Simi Valley drop to 12th and 26th, respectively and other California cities - Irvine, Murrieta, Glendale and Temecula moved into the top 10.

Top 10 lowest violent crime rates per 1,000 inhabitants in 2015; cities with population of 100,000 or more (Source: FBI Uniform Crime Reporting Data)

Let's take a look at other Ventura County cities of all sizes to see where they stand. Keep in mind that this does not include unincorporated communities of Ventura County like Oak Park, Casa Conejo, Lake Sherwood and others.

Overall crime rates per 1,000 inhabitants in Ventura County cities in 2015 (Source: FBI Uniform Crime Reporting Data) (excludes unincorporated communities)

The cities of Ojai and Moorpark held the lowest overall crime rates among Ventura County cities in 2015.

Overall, in 2015 Ventura County residents had an average of 22.84 total crimes for every 1,000 residents, including 2.56 violent crimes (31% below the national average) and 20.28 property crimes (18% below the national average).

As a comparison, the City of Los Angeles, with nearly 4 million residents, had an overall crime rate of 29.94 total crimes per 1,000 residents, including 6.3 violent crimes. The highest overall crime rates among large cities in 2015 were: Salt Lake City, UT (101.86 crimes per 1,000 inhabitants), Springfield, MO (91.51), St. Louis, MO (81.33), Birmingham, AL (81.05) and Spokane, WA (80.31).

Other nearby cities' 2015 crime rates in the UCR data includes Calabasas (11.71 crimes per 1,000 residents), Agoura Hills (15.5) and Westlake Village (the L.A. County side, with 8,522 residents) with 23.59.

Overall, there are nearly 9,400 cities measured in the UCR. Of these, 214 cities had a total of zero reported crimes in 2015. The average population of these 214 cities was 870.

* The FBI cautions comparative use of this data for drawing conclusions by making direct comparisons between cities. Comparisons lead to simplistic and/or incomplete analyses that often create misleading perceptions adversely affecting communities and their residents. Keep this in mind when reviewing this data, which is summed up here for informational purposes only.

Complying with Voting Laws in California

With the Presidential General Election coming up in less than two weeks, how about a quick summary of selected voting laws in the State of California for voters here in the Ventura County area. The following is a summary from the California Secretary of State's "Voting Law Compliance Handbook: A Voter's Guide to Safeguard California's Election Process" updated April 2016.

Voting at the Polls

Making the time to vote: The polls are open from 7 a.m. to 8 p.m. on Election Day. If you work a long shift and are unable to get to the polls to vote in a statewide election, California state law provides up to two hours of paid time off to vote. These hours must be at the beginning or end of your normal shift and you must give your employer two working days notice. 

Rewards for voting: Can the local donut shop offer a free donut if you show them that you've voted in the Presidential Election? NO! Say what!? No free donut?? Nope. Federal law prohibits anything of value given in exchange for proof of voting if there is a federal office (e.g. President, U.S. House, U.S. Senate) on the ballot. In a state or local only election, the donut offering would be o.k., just as long as it wasn't given to bribe you to vote (or not vote) for a particular candidate or measure. Speaking of donuts, or doughnuts, as it were, the new Krispy Kreme in Oxnard opened last month.

Electioneering: It is illegal to promote a candidate or measure within 100 feet of a polling place. So if you see signs or other promotional materials in the parking lot at a polling place, that is illegal. And on a side note, California law makes it illegal to "photograph, video record, or otherwise record a voter entering or exiting a polling place." So you best not be selfie-ing at a crowded polling place. 

Voting by Mail

Death and Voting:  Hypothetically, let's just say my spouse passed away two weeks ago but I received her absentee ballot in the mail. I knew who she planned to vote for, so I turned in her ballot along with mine. This is o.k., right? WRONG! You cannot vote for your deceased spouse, nor anyone else that is deceased for that matter. That said, if your spouse had completed the ballot and signed the envelope before passing, that would a legitimate ballot, as the vote-by-mail voting period opens 29 days before the election.

Returning Vote by Mail Ballots (from the Ventura County Clerk/Recorder): If you mail your absentee ballot in, allow for seven days' delivery if you can; that said, the ballot must be postmarked by Election Day and received no later than November 14, 2016. Otherwise, you can return your ballot to any of the 10 City Clerk offices in Ventura County, to the Ventura County Government Center in Ventura or at the Thousand Oaks Library. Or, you can bring them to any polling place by 8 p.m. on Election Day.

Counting the Ballots

Can I Watch? Yes, you can watch the entire process, from opening of the vote-by-mail ballot envelopes to the counting of ballots on election night, by law.  But perhaps contact the Ventura County Clerk/Recorder first.

Campaign Do's and Don'ts

Use of State Seal: It is considered election fraud to use an official government seal in campaign literature. This should be reported to the Election Fraud Investigation Unit at 916.657.2166 or call the Ventura County Clerk/Recorder.

Paycheck Inserts: It is illegal in California to attempt to influence employees to vote for or against something by inserting something in your paycheck envelope.

These are just some of the elections laws in the State of California. For more complete information, visit www.sos.ca.gov/elections.

November 8, 2016 Presidential General Election Registration and Key Voting Dates

The State of California makes it extremely simple to register to vote online at registertovote.ca.gov for this coming November 8, 2016 Presidential General Election.

The system will search the DMV database for your California driver license or ID card, date of birth and last four digits of your SSN. The Ventura County Clerk and Recorder Elections Division will contact you when the registration is approved or if additional information is needed. See how easy it is at THIS LINK.

You can also register to vote the old fashioned way by picking up a paper voter registration application at the Ventura County elections office, library, DMV or post office. More information at www.sos.ca.gov/elections/elections_vr.htm.

In California, the deadline to register to vote is 15 days before Election Date. Thus, to vote in the November 8th election your registration must be electronically submitted or postmarked by October 24th. 

As of August 22, 2016*, there were 419,869 registered voters in Ventura County, up from 412,924 on June 9th. You can register as Democrat (175,256; up from 169,759), Republican (139,129; up from 138,663), Non Partisan (85,638; up from 84,615) and Other (Green, Libertarian, Peace and Freedom, American Independent) (19,846; down from 19,887).

* Update as of 10/8/16: 428,296 registered; 178,028 Democrat, 140,343 Republican, 89,190 Non Partisan and 20,735 Other.

Turnout for the 2012 General Election was 77.39%, with 426,948 registered voters and 330,419 votes cast. Turnout for the 2016 Presidential Primary Election was 51.79%, with 413,045 registered voters and 213,914 votes cast.

Visit recorder.countyofventura.org/elections to learn more information about Ventura County elections.