Banning Municipal Code Art. I Stopping or Parking Prohibitions and Limitations

The city engineer as authorized by resolution of the city council prohibiting stopping, parking, or standing of vehicles shall place and maintain appropriate signs or markings indicating the time and place during which the provisions of the resolution are applicable.

(Code 1965, § 13-21.)

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:

A. In any area established by resolution of the city council as a "No Parking" area when such place is indicated by appropriate signs or markings except that a bus may stop at a designated bus stop.

B. 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 authorized for a purpose other than the normal flow of traffic or 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 hours prior to the effective time of such no parking.

C. At any place within twenty feet of a marked crosswalk when such place is indicated by appropriate signs or markings except that a bus may stop at a designated bus stop.

D. Within twenty feet on the approach to any traffic control signal, stop or yield sign or flashing beacon when such distance is indicated by appropriate signs or markings except that a bus may stop at a designated bus stop.

(Code 1965, § 13-22.)

No person shall park any vehicle in such a position as to obstruct the normal movement of traffic or leave standing a vehicle which is six feet or more in height, including any load thereon within one hundred feet of any intersection.

(Code 1965, § 13-23.)

No person shall park a vehicle on certain streets or highways, or portions thereof, designated by resolution of the city council for a period of time longer than thirty minutes between the hours of 2:00 A.M. and 6:00 P.M. of any day when indicated by appropriate signs. Nor shall any person park a vehicle upon any roadway for the principal purpose of washing, polishing, maintaining, dismantling, or repairing such vehicle except repairs necessitated by an emergency.

(Code 1965, § 13-24.)

A. No vehicle shall be parked or left standing upon a highway for seventy-two (72) or more consecutive hours.

B. Any peace officer may remove any vehicle parked or left standing upon a highway for seventy-two (72) or more consecutive hours in accordance with the procedures for removal of such vehicles in the California Vehicle Code and this section.

C. Prior to the removal of a vehicle pursuant to subsection B of this section, any peace officer or designated employee shall post a notice of intent to remove on the vehicle. The notice must state that the vehicle must be removed to a location more than two hundred (200) feet away from its location at the time the notice is posted within seventy-two (72) hours of said notice being posted, and if not removed by the date and time indicated on the notice, it will be removed at the owner's expense.

D. For the purpose of this section, a vehicle is "parked or left standing" in violation of this section if the vehicle:

1. Remains in one location, without being moved, for seventy-two (72) or more consecutive hours; or

2. Remains within two hundred (200) feet of the location where a peace officer or designated employee posted a notice of intent to remove on the vehicle for seventy-two (72) or more consecutive hours.

E. In investigating whether a vehicle is in violation of this section the peace officer or designated employee shall consider the totality of the circumstances, including, but not limited to, tire markings, eyewitness account, dirt and debris, vegetation, vehicle condition, photographic evidence and odometer recordings.

(Code 1965, § 13-24-1; Ord. No. 1375, § 1.)

In the event a highway includes two or more separate roadways and traffic is restricted on 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 erected to permit such standing or parking.

(Code 1965, § 13-25.)

No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any highway unattended when upon any grade exceeding three percent within any business or residential district without blocking the wheels of the vehicle by turning them against the curb or by other means.

(Code 1965, § 13-26.)

Editor's note— Section 17 of Ord. No. 1434, adopted Feb. 8, 2011, repealed § 10.12.070, which pertained to unlawful parking—peddlers, vendors, and derived from § 13-27 of the 1965 Code, completely.

Whenever the city engineer determines that traffic congestion is likely to result from public or private events or emergencies, he may place temporary signs indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys. Signs shall remain in place only during the event or emergency and the city engineer shall remove them thereafter. When any activity within or adjacent to the public right-of-way is likely to create traffic congestion the city engineer shall place temporary signs indicating the date and the time that the stopping or parking of vehicles will be prohibited. Such signs shall be in place twenty-four hours in advance of when the prohibition will become effective.

The chief of police is hereby authorized to remove any vehicle parked or standing in violation of this chapter or the Vehicle Code provided that signs are posted giving notice of the removal pursuant to the requirements of the Vehicle Code.

(Code 1965, § 13-28.)

Time limit parking zones for less than one hour shall be indicated by green paint upon all curbs in said zones. The time limit in minutes shall be stenciled on the curb with white paint or signs may be posted designating the parking zone and time limit.

(Code 1965, § 13-29.)

Public on-street parking and public off-street parking lots may be marked with white lines designating parking spaces within which vehicles are required to park.

(Code 1965, § 13-30.)

A. No person shall park or leave standing any recreational vehicle, recreational trailer or fifth wheel, regardless of length or width, upon any public street or highway in the city for a period of time exceeding forty eight (48) hours.

B. No person shall park or leave standing any utility trailer, horse or animal trailer, boat trailer or other trailer for personal watercraft, all-terrain vehicles (ATFs) or other vehicles, regardless of length or width, upon any public street or highway in the city for a period of time exceeding twenty four (24) hours.

C. No person shall place electrical cords, extension cords, hoses, cables or other items across, above or on the parkway or sidewalk from a residential or commercial property to a recreational vehicle, recreational trailer or utility trailer parked on a public street.

D. The following definitions will govern the construction of the words and phrases used in this section:

1. "Recreational vehicle" shall have the meaning set forth in the California Health and Safety Code Section 18010, as may be amended from time to time, and shall include house cars as defined by California Vehicle Code 362, as may be amended from time to time, and attached trailers.

2. "Trailer" shall mean a trailer, semitrailer, camp trailer, (including tent trailers), un-mounted camper, trailer bus, trailer coach, utility trailer, vehicle dolly or flat trailer as defined in Sections 242, 243, 550, 630, 635 and 636 of the California Vehicle Code, as may be amended from time to time, or fifth-wheel travel trailer, as defined in Section 324 of the California Vehicle Code, as may be amended from time to time.

3. Successive acts of parking within a one half (1/2) of a mile area shall be presumed to be a single act of parking for purposes of this ordinance.

E. This section shall not apply to:

1. Any vehicle parked in connection with, and in the aid of, the active performance of a service to or on a property in the block in which such vehicle is parked;

2. Any vehicle owned by a city, county, state, public entity or licensed contractor engaged in the installation, maintenance, or repair of any public property, utility or highway; or

3. Any authorized emergency vehicle.

F. Any person who violates any provision of this section is guilty of an infraction and will be subject to a parking citation, towing or both.

G. The time limitations on standing or parking in this section will not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or the Banning Municipal Code prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

(Ord. No. 1813, 1, 2-27-18)