Avenal Municipal Code Art. 16 Towed Vehicle Recovery Program

4-4.712 Parking space markings. 4-4.713 Color of curb marking indicates stopping and parking restrictions. 4-4.714 No-parking areas—Designated. 4-4.715 Parking prohibited on narrow streets. 4-4.716 Parking of peddling or vending vehicles—Limitations. 4-4.717 Parking vehicle for demonstration or sale. 4-4.718 Repairing or greasing vehicles on public streets prohibited—Exception. 4-4.719 Washing or polishing vehicles—Restrictions. 4-4.720 Vehicles longer than twenty feet—Parking restrictions. 4-4.721 Alley restrictions. 4-4.722 Commercial vehicles—Parking restrictions. 4-4.723 Truck parking restrictions. 4-4.724 Loading zones—Yellow curb marking—Use limitations. 4-4.725 Loading and unloading—Procedures and time restrictions. 4-4.726 Loading and unloading—Zone use restrictions. 4-4.727 Bus zones—Red curb marking—Use limitations. 4-4.728 Closing of highways to vehicular traffic authorized when. 4-4.701 Time when provisions are applicable. (a) The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 19 (b) The provisions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 4-4.702 No-stopping zones—Designation—Driver obedience required. (a) The City Manager shall designate established no-stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and days when stopping is prohibited. (b) During the hours and on the days designated on the signs, it is unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets established by resolution of the Council as no-stopping zones. 4-4.703 No-stopping zones and no-parking areas—Maintenance —Driver obedience required. (a) The City Manager is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no-stopping zones, no-parking areas and restricted parking areas, as defined and described in this title. (b) When said curb markings or signs are in place no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this title. 4-4.704 Twenty-four minute parking—Green curb marking—Driver obedience required. (a) Green curb marking shall mean no standing or parking for a period of time longer than twenty-four (24) minutes at any time between 9:00 a.m. and 6:00 p.m. on any day, except Sundays and holidays. (b) When authorized signs and curb markings have been determined by the City Manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb markings or sign in violation thereof. 4-4.705 Forty-minute parking. When authorized signs or curb markings have been determined by the City Manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, for a period of time longer than forty (40) minutes. 4-4.706 One-hour parking. When authorized signs or curb markings have been determined by the City Manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, for a period of time longer than one hour.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 20 4-4.707 Two-hour parking. When authorized signs or curb markings have been determined by the City Manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for a period of time longer than two (2) hours. 4-4.708 Emergency parking. (a) Whenever the City Manager shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Manager shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Manager shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the City Manager shall cause such signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. 4-4.709 Parking adjacent to schools. (a) The City Manager is authorized to erect signs restricting public/student parking upon any street adjacent to, and/or the zoned area of, any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation to the general public and/or attending students. (b) When official signs are erected prohibiting parking upon a street adjacent to, and/or within the zoned area of, any school property, no person shall park a vehicle in any such designated place. (c) Preferential parking permits may be issued in accordance with Article 14 of Title 4, Chapter 4, which will act to exempt the holder from the limitations contained within this Section. (Ord. 97-01, 1997) 4-4.710 Diagonal parking. (a) On any of the streets or portions of streets established by resolution of the Council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it is unlawful for the operator of any vehicle to park said vehicle except: (1) At the angle to the curb indicated by signs or pavement markings allotting space to park vehicles and entirely within the limits of said allotted space; (2) With the front wheel nearest the curb within six (6″) inches of said curb. (b) The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 4-4.711 shall be complied with. 4-4.711 Parking parallel on one-way streets. (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18″) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 21 (b) In the event a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking. (c) The City Manager is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street, or when standing or parking may be permitted upon the left- hand side of any one-way roadway of a highway having two or more separate roadways, and shall erect signs giving notice thereof. (d) The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case such vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the centerline of the street and does not block traffic thereby.

Except as designated by sign, marking or resolution of the City Council all cars on residential or collector streets in the City shall park parallel to the curb or to the property line. (Ord. 86-09 § 1, 1986) 4-4.712 Parking space markings. (a) The City Manager is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. (b) When such parking space markings are placed on the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible. 4-4.713 Color of curb marking indicates stopping and parking restrictions. (a) The City Manager is authorized, subject to the provisions and limitations of this title, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as set forth in this section. (1) Red shall mean no stopping, standing, or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. (2) Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for any purpose other than the loading and unloading of passengers or materials, provided, that the loading and unloading of passengers shall not consume more than three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes. (3) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three (3) minutes, and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays and except as follows: (i) When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times; (ii) When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed. (4) Blue curb markings shall mean no standing or parking for other than vehicles which display a distinguishing license plate or a placard issued to disabled persons or veterans. Such parking

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 22 shall be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space. (b) When the City Manager, as authorized under this chapter has caused curb markings and/or signs to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings and/or signs in violation of any of the provisions of this section. 4-4.714 No-parking areas—Designated. No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal: (a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; (b) On either side of any street between the project property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface; (c) In any area where the City Manager determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; (d) In any area established by resolution of the Council as a no-parking area, when area is indicated by appropriate signs or by red paint upon the curb surface; (e) Upon, along or across any railway track in such a manner as to hinder, delay or obstruct the movement of any car traveling upon such track; (f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property; (g) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such no-parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no-parking; (h) At any place within twenty (20′) feet of crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop; (j) Within twenty-five (25′) feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device; (k) On any public right-of-way between the rear of the public sidewalk (the edge furthest from the curb) and the property line which is parallel to the public sidewalk. Illegal parking in this zone will result in an infraction and imposition of a twenty dollar ($20.00) parking fine. The fine will be imposed for each subsequent twenty-four (24) hour period during which the cited vehicle remains in the prohibited area. Parking of vehicles on any public right-of-way may be permitted by application to, and approval by, the City for an encroachment permit. Approval of such permit shall remain in sole discretion of the City. Parking a vehicle in a position that is perpendicular to the sidewalk and immediately behind a drive approach approved by the City is permitted, provided no other violation exists. (Ord. 91-12, 1991; Ord. 91-10, 1991)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 23 4-4.715 Parking prohibited on narrow streets. (a) The City Manager is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty-five (25′) feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30′) feet. (b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. 4-4.716 Parking of peddling or vending vehicles—Limitations. (a) Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within the City, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. (b) No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy, ice cream or other articles of food are sold or offered for sale, without first obtaining a written permit to do so from the City Manager which shall designate the specific location in which such cart shall stand. (c) No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the City Manager which shall designate the specific location where such vehicle may stand. (d) Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the City Manager upon the filing of the record of such conviction with such officer, and no permit shall thereafter be issued to such person until six (6) months have elapsed from the date of such revocation. 4-4.717 Parking vehicle for demonstration or sale. No commercial dealer shall park said vehicle upon any street in this City for the purpose of advertising or displaying it for sale unless authorized by resolution of the City Council. 4-4.718 Repairing or greasing vehicles on public streets prohibited—Exception. No person shall construct or cause to be constructed, repair, or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this City. Temporary emergency repairs may be made upon a public street. 4-4.719 Washing or polishing vehicles—Restrictions. No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in this City, when a charge is made for such service.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 24 4-4.720 Vehicles longer than twenty feet—Parking restrictions. When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle in excess of twenty (20′) feet in length on any street or portion thereof designated by ordinance or resolution of the City Council. 4-4.721 Alley restrictions. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. 4-4.722 Commercial vehicles—Parking restrictions. (a) Definitions. As used in this section, the following words and phrases have the meanings respectively ascribed to them by this section: Generally, whenever any words or phrases are used in this section, they are to be used as defined in the California Vehicle Code. "Commercial vehicle" means a vehicle, including, without limitation, a truck, bus or trailer,of a type required to be registered under the California Vehicle Code, used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property, and having a manufacturer's gross vehicle weight rating greater than ten thousand (10,000) pounds. "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single vehicle, as defined in California Vehicle Code Section 390. "Street" means that portion of any street, avenue, highway or other public way in the City improved, designed, or ordinarily used for vehicular travel, and includes improved shoulders. "Unattended vehicle" means a vehicle where the licensed driver responsible for the vehicle is not within an audible distance and immediately available for moving the vehicle. "Unattended vehicle" means a vehicle where the licensed driver responsible for the vehicle is not within an audible distance and immediately available for moving the vehicle. (b) Restrictions. The following restrictions shall apply to parking, standing and/or stopping of commercial vehicles on the streets of the City of Avenal: (1) No commercial vehicle shall be parked or otherwise left unattended on the streets of the City between the hours of 2:00 a.m. and 6:00 a.m., except: (i) While loading or unloading property when it is necessary to do so between the hours of 2:00 a.m. and 6:00 a.m. In such situations, a commercial vehicle may be parked on the streets of the City for a period which shall not exceed sixty (60) minutes, unless additional time in excess of sixty (60) minutes is reasonably necessary to complete such loading or unloading of property. (ii) While a commercial vehicle is parked in connection with, and in aid of, the performance of a service. to or on property in the block in which such vehicle is parked, and it is necessary to perform such service between the hours of 2:00 a.m. and 6:00 a.m. In such situations, a commercial vehicle may be parked on the streets of the City for a period which shall not exceed sixty (60) minutes, unless additional time in excess of sixty (60) minutes is reasonably necessary to complete such service. (2) No commercial vehicle shall be parked or otherwise left unattended on any street, or portion thereof, in a residential district, as defined in the City of Avenal's Zoning Ordinance, except:

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 25 (i) A commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted street. (ii) A commercial vehicle delivering materials to be used in the actual bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained. (3) No commercial vehicle shall park between the hours of 10:00 p.m. and 7:00 a.m. on any private residential property as defined in the City Zoning Ordinance, except: (i) A commercial vehicle making pickups or delivery of goods, wares, and merchandise from or any building or structure located on the restricted street. (ii) A commercial vehicle delivering materials to be used in the actual bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained. (c) Permits. The City Manager may issue permits relating to parking between the hours of 2:00 a.m. and 6:00 a.m., exempting uses as may be deemed necessary in the public interest. (Ord. 2000-10, 2000: Ord. 95-04, 1995: Ord. 86-09 §§ 1, 2, 3, 1987) 4-4.723 Truck parking restrictions. When authorized signs are in place giving notice of such restriction, no person shall park any vehicle exceeding a maximum gross weight of three (3) tons on any public City street or alley for a period of time longer than four (4) hours, except when loading or unloading property or when such vehicle is parked in connection with and in aid of the performance of a service to or on a property in the block in which the vehicle is parked. 4-4.724 Loading zones—Yellow curb marking—Use limitations. (a) Upon the passage of a resolution by the City Council the City Manager is authorized to determine and to mark loading zones and passenger loading zones as follows: (1) At any place in the business district; (2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. (b) In no event shall more than one-half (½) of the total curb length in any block be reserved for loading zone purposes. (c) Loading zones shall be indicated by yellow paint upon the top of all curbs in said zones. 4-4.725 Loading and unloading—Procedures and time restrictions. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes. (b) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pick-up of express and parcel post packages and United States mail. (c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 26 (d) Within the total time limits above specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. 4-4.726 Loading and unloading—Zone use restrictions. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading of passengers for such time as is specified in Section 4-4.725. 4-4.727 Bus zones—Red curb marking—Use limitations. (a) The City Manager is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof. (b) Bus zones shall normally be established on the far side of an intersection. (c) No bus zone shall exceed eighty (80′) feet in length, except that when satisfactory evidence has been presented to the City Traffic Engineer showing the necessity therefor, the City Traffic Engineer may extend bus zones not to exceed a total length of one hundred twenty-five (125′) feet. (d) The City Manager shall paint a red line stencil, with white letters "NO STANDING", together with the words "BUS ZONE" upon the top of all curbs and places specified as a bus zone. (e) No person shall stop, stand or park any vehicle except a bus in a bus zone. 4-4.728 Closing of highways to vehicular traffic authorized when. The City Manager may determine that certain streets should be temporarily or permanently closed to vehicular traffic after review of traffic studies or reports which reflect such necessity for closing the street. Article 8. Trucks and Commercial Vehicles 4-4.801 Advertising vehicles. 4-4.802 Truck routes—Establishment. 4-4.803 Trucks permitted to use other streets when. 4-4.804 Truck routes—Exceptions to applicability of provisions. 4-4.805 Truck routes—Council authority. 4-4.806 Commercial vehicles—Use of certain streets prohibited. 4-4.801 Advertising vehicles. No person shall operate or drive any vehicle used for advertising purposes or any advertising vehicle equipped with a sound amplifying or loud speaking device upon any street or alley at any time within the central business district, except when such use has been approved by the City Manager. 4-4.802 Truck routes—Establishment. Whenever any resolution of this City designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three (3)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 27 tons, the City Manager is hereby authorized to designate such street or streets by appropriate signs as "Truck Routes" for the movement of vehicles exceeding a maximum gross weight limit of three (3) tons. 4-4.803 Trucks permitted to use other streets when. When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three (3) tons shall drive on such route or routes and none other except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three (3) tons coming from a truck route having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any buildings or structures located on such restricted streets or for the purpose of delivering materials to be used in the actual bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor. 4-4.804 Truck routes—Exceptions to applicability of provisions. The provisions of Sections 4-4.802 through 4-4.805 shall not apply to: (a) Passenger buses under the jurisdiction of the Public Utilities Commission; or (b) Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. 4-4.805 Truck routes—Council authority. Those streets and parts of streets established by resolution of the Council are hereby declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of three (3) tons. 4-4.806 Commercial vehicles—Use of certain streets prohibited. (a) Whenever any resolution of this City designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Manager shall erect and maintain appropriate signs on those streets affected by such ordinance. (b) Those streets and parts of streets established by resolution of the Council are hereby declared to be streets the use of which is prohibited by any commercial vehicle. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission. Article 9. Miscellaneous Driving Rules 4-4.901 No entrance into intersection that would obstruct traffic. 4-4.902 Limited access roadways. 4-4.903 Barriers and signs—Placement—Driver obedience required. 4-4.904 Driving over new pavement and markings prohibited. 4-4.905 Commercial vehicles not to use private driveways when. 4-4.906 Riding or driving on sidewalk. 4-4.907 Driving through funeral procession. 4-4.908 Private parking facilities open to the public. 4-4.909 Clinging to moving vehicles prohibited.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 28 4-4.901 No entrance into intersection that would obstruct traffic. No operator of any vehicle shall enter any intersection, or a marked crosswalk, unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic- control signal indication to proceed. 4-4.902 Limited access roadways. No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are lawfully established. 4-4.903 Barriers and signs—Placement—Driver obedience required. No person, public utility or department in the City shall erect or place any barrier or sign on any street unless of a type approved by the City Manager or disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person, public utility or by any department of this City. 4-4.904 Driving over new pavement and markings prohibited. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or markings, or when any such device is in place indicating that the street or any portion thereof is closed. 4-4.905 Commercial vehicles not to use private driveways when. No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area, or the driveway itself, without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. 4-4.906 Riding or driving on sidewalk. No person shall ride, drive, propel or cause to be propelled any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways, and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that said sidewalk area shall be substantially protected by wooden planks two (2″) inches thick, and written permission shall be previously obtained from the City Manager. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m. 4-4.907 Driving through funeral procession. No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade, provided that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to the orders of the Police Department.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 29 4-4.908 Private parking facilities open to the public. The City Manager may determine that there are privately owned and maintained off-street parking facilities that are generally held open for use of the public for purposes of vehicular parking, and as such, Sections 22350, 22507.8, 23103, 23109 and Division 16.5, commencing with Section 38000 of the Vehicle Code, should be made applicable for the well-being and safety of motorists and pedestrians. Such off-street parking shall be described by ordinance or resolution and enforceable after posting of such notice to enforce these specified sections by the owner or operator as specified in the Vehicle Code. 4-4.909 Clinging to moving vehicles prohibited. No person shall attach himself with his hands, or to catch on, or hold onto with his hands or by other means, to any moving vehicle or train for the purpose of receiving moving power therefrom. Article 10. Abandoned Vehicles 4-4.1001 Findings—Purpose of provisions—Abandoned vehicle as nuisance. 4-4.1002 Definitions. 4-4.1003 Chapter provisions not exclusive. 4-4.1004 Chapter provisions not exclusive. 4-4.1005 Administration and enforcement. 4-4.1006 Administrative costs for vehicle removal. 4-4.1007 Franchises for vehicle removal. 4-4.1008 Notice to remove vehicle—Contents—Service requirements. 4-4.1009 Waiver of notice of intention to abate. 4-4.1010 Vehicle removal—Request for hearing—Time limits. 4-4.1011 Hearing procedure—Determination. 4-4.1012 Disposal of removed vehicle. 4-4.1013 Notification of removed vehicles to Department of Motor Vehicles. 4-4.1014 Removal costs assessed against land. 4-4.1001 Findings—Purpose of provisions—Abandoned vehicle as nuisance. In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the Vehicle Code to remove abandoned vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations: The accumulation and storage of abandoned vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of abandoned vehicle or parts thereof on private or public property, not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provision of this chapter.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 30 (Ord. 89-09 § 1, 1989) 4-4.1002 Definitions. As used in this chapter: (a) "Abandoned" means to desert, surrender, forsake or cede the voluntary relinquishment of possession of a thing by the owner with intention of terminating his ownership, but without vesting it in any other person. (b) "City" means the City of Avenal. (c) "Highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street. (d) "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment. (e) "Owner of the vehicle" means the last registered owner and the legal owner of record. (f) "Public property" does not include "highway." (g) "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. 4-4.1003 Chapter provisions not exclusive. This chapter is not the exclusive regulation of abandoned vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. (Ord. 89-09 § 3, 1989) 4-4.1004 Chapter provisions not exclusive. (a) This chapter shall not apply to: (1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. (b) This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter. (Ord. 89-09 § 4, 1989) 4-4.1005 Administration and enforcement. Except as otherwise provided for herein, the provisions of this chapter shall be administered and enforced by regularly salaried full-time employees of the City, County or City and County. Removal of vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be nuisance pursuant to this chapter.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 31 In accordance with Section 22665 of the Vehicle Code, the City Council may, by resolution, request the California Highway Patrol to administer this chapter. (Ord. 89-09 § 5, 1989) 4-4.1006 Administrative costs for vehicle removal. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter. 4-4.1007 Franchises for vehicle removal. When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be nuisance pursuant to this chapter. 4-4.1008 Notice to remove vehicle—Contents—Service requirements. A notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be given at least ten (10) days before such abatement and removal. The ten-day notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with the reasons for such denial, in lieu of appearing. The notice of intention to abate shall be made, by registered or certified mail to the owner of the land as shown on the equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 89-09 § 7, 1989) 4-4.1009 Waiver of notice of intention to abate. Not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance must be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheels and incapable of being towed, is valued at less than two hundred dollars ($200.00) by a person specified in Vehicle Code Section 22855, and is determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code Section 22662 of such low-valued vehicle or part for which evidence of registration was recovered pursuant to Vehicle Code Section 22661, subdivision (a), the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after the notice is mailed, from a location specified in Section 22662, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This section applies only to inoperable vehicles located upon a parcel that is (1) zoned foragricultural use or (2) not improved with a residential structure containing one or more dwelling units. (Ord. 89-09 § 8, 1989)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 32 4-4.1010 Vehicle removal—Request for hearing—Time limits. (a) Upon request by the owner of the vehicle or owner of the land received by the City Council within ten (10) days after the mailing of the notices of intention to abate and remove, or at the time of signing a release pursuant to Section 4-4.1009, a public hearing shall be held by the City Council or any other board, commission, or official of the City, County or City and County as designated by the City Council. Such hearing shall address the question of abatement and removal of the vehicle or parts thereof as an abandoned vehicle and the assessment of the administrative costs and cost of removal of the vehicle or parts thereof against the property on which it is located. (b) If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on the land within such period, the statement shall be construed as a request for a hearing which does not require the presence of the owner submitting such request. Notice of the hearing shall be mailed, by registered or certified mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 89-09 § 9, 1989) 4-4.1011 Hearing procedure—Determination. (a) All hearings under this chapter shall be held before the City Council or its designee, which shall hear all facts and testimony it deems pertinent on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The City Council or its designee shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for such denial. (b) The City Council or its designee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the City Council or its designee may find that a vehicle or part thereof has been abandoned on private or public property, and order the same removed from the property as a public nuisance as provided in Section 4-4.1012. The order may determine the administrative cost and costs of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site. (c) If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the City Council or its designee shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the landowner. (Ord. 89-09 § 10, 1989) 4-4.1012 Disposal of removed vehicle. Five days from the date of mailing notice of the order under Section 4-4.1011 to the landowner and vehicle owner, the vehicle or part thereof may be removed. The vehicle or part thereof may be disposedof by removal to a scrap yard, automobile dismantler's yard or any suitable site operated by a local authority, or other final disposition consistent with subsection (e) of Section 22661 of the Vehicle Code. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless it is a vehicle

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 33 which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code, in which case the vehicles may be reconstructed or made operable. (Ord. 89-09 § 11, 1989) 4-4.1013 Notification of removed vehicles to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates. (Ord. 89-09 § 12, 1989) 4-4.1014 Removal costs assessed against land. If the administrative costs and the costs of removal which are charged against the owner of the parcel of land pursuant to Section 4-4.1010 are not paid within thirty (30) days of the date of the date of order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the Tax Collector for collection. The assessment shall have the same priority as other City taxes. (Ord. 89-09 § 13, 1989) Article 11. Pedestrians 4-4.1101 Establishment of marked crosswalks. 4-4.1102 Pedestrians must use crosswalks when. 4-4.1103 Obstruction of public right-of-way. 4-4.1101 Establishment of marked crosswalks. (a) The City Manager shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows: Crosswalks shall be established and maintained at intersections and at other places, where the City Manager determines that there is particular hazard to pedestrians crossing the roadway. (b) Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred (400) feet in length, and such crosswalks shall be located as nearly as practicable at midblock. (c) The City Manager may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. 4-4.1102 Pedestrians must use crosswalks when. No pedestrian in the business district shall cross a roadway other than by a marked crosswalk or an unmarked crosswalk at an intersection.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 34 4-4.1103 Obstruction of public right-of-way. No pedestrian shall in any manner obstruct the right-of-way or passage of cars, vehicles, or pedestrians, or any combination thereof on any right-of-way, street, highway, alley, sidewalk, or any other right-of-way which has been established in the City. (Ord. 82-05, 1982) Article 12. Heavy Vehicles and Machinery 4-4.1201 Heavy vehicles and equipment—Permit required. 4-4.1202 Heavy vehicles and equipment—Conditions for granting permit. 4-4.1203 Flange wheel machinery—Restrictions on streets. 4-4.1201 Heavy vehicles and equipment—Permit required. No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Manager. 4-4.1202 Heavy vehicles and equipment—Conditions for granting permit. The City Manager may, by written permit, authorize a load or loads in excess of those allowed for in the Vehicle Code, if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight, or if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit shall be granted upon such conditions and upon depositing such bond as the City Manager in his discretion may require. 4-4.1203 Flange wheel machinery—Restrictions on streets. No person shall operate over the City streets any vehicle or piece of equipment which has lugs, cleats, flanges or other projections on the wheels or tracks. If the tread of the track has projections or corrugations, a filler block may be placed on each section so that a flat bearing surface will be in contact with the pavement at all times. Article 13. Violation—Penalty 4-4.1301 Violations deemed infractions—Penalty. 4-4.1301 Violations deemed infractions—Penalty. (a) Any person violating any of the provisions of this chapter, except Section 4-4.722, is guilty of an infraction and shall be punished as provided in Title 1, Chapter 2 of this Code insofar as applicable to infractions. (b) Any person found in violation of Section 4-4.722 of this chapter is guilty of an infraction and shall be punishable: (1) For a first violation by a fine of not more than one hundred dollars ($100.00);

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 35 (2) For a second violation within a period of one year, by a fine of not more then three hundred dollars ($300.00); (3) For a third violation within a period of one year, by a fine of not more than five hundred dollars ($500.00); (4) For a fourth violation within a period of one year by a fine of not more than five hundred dollars ($500.00); and (5) For a fifth violation within a period of one year, by a fine of not more than five hundred dollars ($500.00). (c) In addition, the City and/or its agent may, after ninety-six (96) hours have elapsed since the issuance of a citation for a fifth violation of Section 4-4.722 as set forth in subsection (b) of this section, cause a commercial vehicle to be towed and stored with a storage facility. (d) The registered and legal owner of a commercial vehicle towed and stored pursuant to this section shall immediately be given written notice of the removal and the grounds for removal. The notice shall also include: (1) The name and location of the place to which the commercial vehicle has been removed; and (2) The amount of mileage on the commercial vehicle at time of removal. If the City and/or its agent is not able to ascertain the name of the owner and/or is unable to give notice to the owner as set forth herein, the City and/or its agent shall comply with the notice provisions contained within Section 22653 of the California Vehicle Code. (e) The registered and legal owners of a commercial vehicle towed and stored pursuant to this section shall be given the opportunity for a post-storage hearing to determine the validity of the storage. The post-storage hearing shall comply with the following requirements: (1) A notice of the storage shall be mailed or personally delivered to the registered and legal owners within forty-eight (48) hours, excluding weekends and holidays, and shall include: (i) The name, address, and telephone number of the agency providing the notice; (ii) The location of the place of storage and description of the commercial vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage; (iii) The authority and purpose for the removal of the vehicle; and (iv) A statement that, in order to receive their post-storage hearing, the owners or their agents, shall request the hearing in person, writing, or by telephone within ten (10) days of the date appearing on the notice. (2) The post-storage hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The City may authorize its own officer or employee to conduct the hearing, if the hearing officer is not the same person who directed the storage of the vehicle. (3) Failure of either the registered or legal owner, or his or her agent, to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement. (f) Persons operating or in charge of any storage facility where commercial vehicles are stored pursuant to this section, shall comply with the requirements of California Vehicle Code Sections 22651.1 and 22658(h) through (k), inclusive. (Ord. 2003-01, 2003)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 36 Article 14. Reserved Article 15. Public Preferential Parking on Public Streets 4-4.15.010 Definitions. 4-4.15.011 Establishment of public preferential parking zones in public areas. 4-4.15.012 Findings. 4-4.15.013 Notice of public preferential parking zones. 4-4.15.014 Issuance of permits. 4-4.15.015 Nonresident public preferential parking permits. 4-4.15.016 Permit conditions. 4-4.15.017 Prohibitions. 4-4.15.018 Locations and restrictions. 4-4.15.019 Permit fees. 4-4.15.010 Definitions. For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Commercial vehicle" means a vehicle as defined by the California Vehicle Section 260 and any subsequent amendments thereto. "Motor vehicle" includes an automobile, truck, motorcycle, or other motor-driven form of transportation not in excess of ten thousand (10,000) pounds of gross weight. "Nonresident permit" means a permit issued by the City Manager, or his or her designee, to a nonresident of the City of Avenal, for use on a motor vehicle or commercial vehicle in those preferential permit parking areas where the City Council, has by resolution, authorized the use of such permits. "Resident permit" means a permit issued by the City Manager, or his or her designee, to a resident of the City of Avenal, for use on a motor vehicle or commercial vehicle in those preferential permit parking areas where the City Council, has by resolution, authorized the use of such permits. "Public area" includes both commercial and residential zones within the City of Avenal. "Semi-trailer" is any separate vehicle which is not driven or propelled by its own power, but which, to be useful, must be attached to and become part of another vehicle, and then losses its identity as a separate vehicle. "Trailer" is any separate vehicle, not driven or propelled by its own power, but drawn by some independent power. (Ord. 97-02 (part), 1997) 4-4.15.011 Establishment of public preferential parking zones in public areas. The City Council may designate by ordinance certain public areas or any portions thereof, as a public preferential parking zone for the benefit of persons in ownership and/or possession of any motor vehicle and/or commercial vehicle as defined by this section.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 37 (Ord. 97-02 (part), 1997) 4-4.15.012 Findings. Each preferential parking zone may be designated by the City Manager, or his or her designees, upon the finding that such zone is necessary to provide reasonably available and convenient parking for the benefit of residents of the City of Avenal. Such findings shall be based upon the following criteria established to the satisfaction of the City Council: (a) Commercial vehicles do, or may, substantially and regularly interfere with the use of the majority of available public street and/or alley parking spaces by other residents of the City of Avenal; (b) The interference by vehicles referred to in subsection (a) of this section occurs at regular and significant intervals. For purposes of this article, such interference shall be presumed to be regular and significant if it occurs, under typical circumstances, not less frequently than three (3) times per week, Monday through Friday; and (c) No alternative solution is feasible or practical. (Ord. 97-02 (part), 1997) 4-4.15.013 Notice of public preferential parking zones. No public preferential parking ordinance or resolution shall apply until signs or markings giving adequate notice thereof have been placed. (Ord. 97-02 (part), 1997) 4-4.15.014 Issuance of permits. (a) The City Manager, or his or her designee, shall be responsible for the issuance of permits pursuant to this article. Applicants for such permits shall present such proof, as may be required by said department, of residence in the City of Avenal and of the number of commercial vehicles and/or motor vehicles registered to the applicant. No more than one permit shall be issued for each registered motor vehicle. Applicants requesting more than a total of one permit may be granted additional public parking permits by the City Manager, or his or her designee, upon a showing that there is more than one vehicle registered to or regularly used by the applicant, and that insufficient alternate off-street parking is available to the applicant during the effective hours of the preferential parking zone. (b) The City Manager, and his or her designee, shall prescribe appropriate application forms and procedures with respect to such permits. The form of the permit shall be prescribed by the City Manager and shall be affixed in a visible location on the left hand portion of the subject vehicle's rear bumper. (c) Resident permits issued pursuant to this section shall remain effective for a period of one calendar year or fraction thereof, or so long as the applicant continues to reside in the City of Avenal or until the public preferential parking zone for which such permit was issued is eliminated, whichever period of time is less. (d) Permits, if issued to nonresidents, shall expire three (3) days after the date of issuance. No more than three (3) nonresident permits may be issued to any one person within any twelve (12) month period of time. (e) Each permit shall be subject to all conditions and restrictions set forth in this article and of the public preferential parking zone for which it was issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 38 permit for, or approval of, any violation of any provisions of this Code or any other laws or regulations. (Ord. 97-02 (part), 1997) 4-4.15.015 Nonresident public preferential parking permits. The City Manager, or his or her designee, is authorized upon application to issue nonresident permits to persons not residing within the City of Avenal for use thereby. The City Council may, by resolution or ordinance, prohibit or regulate the issuance and use of nonresident permits in any public preferential permit parking area. (Ord. 97-02 (part), 1997) 4-4.15.016 Permit conditions. Each permit issued pursuant to this article shall be subject to the following conditions: (a) While parked or standing pursuant to a permit issued hereunder, the operator of the vehicle shall not idle the vehicle's engine for longer than fifteen (15) minutes, nor race the vehicle's engine, nor use "jake" brakes, nor blow air horns. (b) While parked or standing pursuant to a permit issued hereunder, no commercial vehicle shall be loaded or unloaded or have cargo transferred to or from the commercial vehicle. (c) While parked or standing pursuant to a permit issued hereunder, no refrigeration unit on the vehicle shall be operated within three hundred (300′) feet of any human dwelling place except with the consent of the person in charge of each such dwelling place. (d) No maintenance of any vehicle shall be performed on any vehicle while it is parked or standing on a public street pursuant to a permit issued hereunder. (Ord. 97-02 (part), 1997) 4-4.15.017 Prohibitions. (a) No vehicle shall be parked or stopped adjacent to any curb in any public preferential parking zone in violation of any posted or noticed prohibition or restriction unless such vehicle shall have prominently displayed, in the manner set forth herein, a permit indicating an exemption from such restriction or prohibition. (b) It shall be unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased for any value or consideration any public preferential parking permit. Upon conviction of a violation of this subsection, all public preferential permits issued to, or for the benefit of, the commercial vehicle or motor vehicle for which the sold, rented or leased permit was authorized, shall be void. (c) It shall be unlawful for any person to buy or otherwise acquire for value or use any public preferential parking permit except as provided for in this article. (Ord. 97-02 (part), 1997) 4-4.15.018 Locations and restrictions. The City Manager or his or her designees shall install, at such streets or alleys or portions thereof as have been declared to be public preferential parking zones, appropriate signs or markings giving notice of such parking restrictions. (Ord. 97-02 (part), 1997)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 39 4-4.15.019 Permit fees. The fee for public preferential parking permits shall be established by resolution of the City Council. (Ord. 97-02 (part), 1997) Article 16. Towed Vehicle Recovery Program 4-4.16.010 Name of program. 4-4.16.011 Purpose of fund. 4-4.16.012 Establishment of administrative fee. 4-4.16.013 Reimbursement of fee for towed vehicle. 4-4.16.014 Effective date. 4-4.16.010 Name of program. This article and chapter shall be known as the "Avenal Towed Vehicle Recovery Program Fund." (Ord. 2004-01 (part), 2004) 4-4.16.011 Purpose of fund. The City finds and determines as follows: (a) City peace officers are authorized to remove vehicles from City roads and store such vehicles as provided in, without limitation, California Vehicle Code Sections 14602.6 and 22650 et seq., and establish an administrative cost recovery program for such removal and storage. (b) Under the City-County Law Enforcement Services Agreement ("Services Agreement"), the Sheriffs Department of the County of Kings has agreed to provide general law enforcement within the corporate limits of the City of Avenal. While engaged in performing such services and function, any and all appointed deputies of the Sheriffs Department have been deemed to be officers or employees of the City to the extent that such services and functions are within the scope of the Services Agreement and are municipal functions. Hereinafter, deputies providing services and functions within the scope of the Services Agreement within the corporate limits of the City of Avenal shall be referred to as the "Avenal Law Enforcement Agency." (c) A need exists for a program to establish an orderly procedure for the storage and return of vehicles to their lawful owners and to provide the appropriate method of reimbursement for that government service. (d) A special fund is hereby established for the receipt and expenditure of administrative fees collected pursuant to this Article. This special fund shall be known and designated as the "Avenal Towed Vehicle Recovery Program Fund." (e) Balances remaining in the fund at the close of any fiscal year shall be deemed to have been collected for the purposes specified herein and shall be carried forward and accumulated in the fund for those purposes. (Ord. 2004-01 (part), 2004)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 40 4-4.16.012 Establishment of administrative fee. (a) A fee to reimburse the City of Avenal for administrative costs incurred in the administration of procedures for removing vehicles shall be charged by the Avenal Law Enforcement Agency for the benefit of the City to the owner of a vehicle removed pursuant to California Vehicle Code Sections 14602.6, 12500(a) and 22651. Charges shall be in accordance with and by the authority of Section 22850 et seq., of the California Vehicle Code and Section 53158 of the California Government Code. (b) Fees to be collected under this Article shall not exceed the actual administrative costs incurred by the City through the Avenal Law Enforcement Agency relating to the removal, impoundment, storage and release of the vehicle, as determined and fixed by the City Council from time to time. (c) Fees to be collected under this article shall be proposed by the Avenal Law Enforcement Agency or their designee, and shall not go into effect until approved by resolution of the City Council of the City of Avenal. (d) The Avenal Law Enforcement Agency is hereby authorized to adopt rules, regulations, and procedures as are necessary for the removal, impoundment, storage, and release of impounded vehicles. (e) The Sheriff of the Avenal Law Enforcement Agency is also hereby authorized to adopt rules, regulations, and procedures as are necessary for the imposition, collection and administration of fees authorized by this Article, subject to the requirements of Sections 22850 et seq., of the California Vehicle Code. Any rules, regulations and procedures to be established by the Sheriff under this subsection shall be agreed upon by the City Council prior to their adoption and implementation. (Ord. 2004-01 (part), 2004) 4-4.16.013 Reimbursement of fee for towed vehicle. All or any part of a fee collected under this Article may be reimbursed to the owner or persons in lawful possession of the vehicle, if the fee was incurred because: (a) The vehicle was towed and stored at the order of the Avenal Law Enforcement Agency, to examine the vehicle for evidence of a crime; (b) The vehicle was towed and stored by the Avenal Law Enforcement Agency and towing or storage was not authorized by any of the provisions of the California Vehicle Code; or (c) Officers, agents, or employees of the Avenal Law Enforcement Agency ordered a vehicle towed and stored when in fact the vehicle was not subject to towing and storage. (Ord. 2004-01 (part), 2004) 4-4.16.014 Effective date. The ordinance codified in this chapter shall be in full force and effect at 12:01 a.m. April 25, 2004. (Ord. 2004-01 (part), 2004)