Big Bear Lake Municipal Code Ch. 10.12 Parking During Snow Conditions—generally

Footnotes:

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Editor's note— Ord. No. 2023-517, § 2, adopted November 8, 2023, repealed Ch. 10.12, §§ 10.12.010—10.12.120, and enacted a new Ch. 10.12 as set out herein and later amended. Former Ch. 10.12 pertained to similar subject matter and derived from Ord. 85-121, adopted 1985; Ord. 93-237, adopted 1993; and Ord. 96-274, adopted 1996.

The purpose of this chapter is to safeguard the public health, safety and general welfare by prohibiting the parking of vehicles on state and city streets in certain areas of Big Bear Lake, to promote effective and speedy removal of snow by the city and the state department of transportation and other persons engaged, hired, contracted or otherwise authorized to remove snow from the streets, and to prevent hazardous traffic conditions on the streets.

(Ord. No. 2023-517, § 2, 11-8-2023)

When used in this chapter, the words and phrased contained in this section shall, for the purposes of this chapter, have the following meanings:

Generally, whenever any words or phrases are used in this chapter, they are to be used as defined in the California Vehicle Code or in decisions of California courts.

"Emergency vehicle" means any vehicle as defined in Section 165 or Section 165.5 of the California Vehicle Code.

"Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purposes of and while actually engaged in loading or unloading merchandise or passengers.

"Person" means and includes a natural person, firm, partnership, association or corporation.

"Snow removal equipment" means rotary plows, graders and loaders with V-plow and/or wing-plow attachments, and such other machinery or equipment as may be engaged in snow removal, and all supporting vehicles of the city and state department of transportation or other persons engaged, hired, contracted or otherwise authorized to remove snow from the state or city streets or roads.

"Street" means any street, avenue, highway or other public way in the city, and shall include the entire right-of-way thereof.

"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.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 2023-517, § 2, 11-8-2023)

From October 15 of each calendar year until April 15 of the following calendar year, vehicles shall not be left stopped, parked, abandoned, or otherwise left unattended on any street in the city during snow conditions. The same is hereby declared to be an obstruction of the public streets and shall constitute a nuisance. This section does not prohibit the stopping of passenger or commercial vehicles for periods of time sufficient to load or discharge passengers and materials from vehicles, provided such activity does not interfere with or delay the operation of snow removal equipment. This section does not prohibit stopping or parking vehicles when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or peace officer. This section does not apply to any city street that has not been posted with warning sign(s) substantially in the form provided in this chapter.

(Ord. No. 2023-517, § 2, 11-8-2023)

Consistent with the requirements of San Bernardino County Code Sections 53.0301—53.0308 and California Vehicle Code Section 22510(a) (which restrict parking on streets, highways, and roads in such a way as to interfere with snow removal activity by snow removal equipment) the city council hereby declares that "snow conditions" exist from October 15 of each calendar year until April 15 of the following calendar year, such that snow removal activity may be reasonably required with little to no advance notice during that time.

(Ord. No. 2023-517, § 2, 11-8-2023)

A. Any vehicle which is in violation of this chapter may be moved or caused to be moved by those regularly employed and salaried city or state highway employees designated by the city council or the California Highway Patrol.

B. Charges for vehicle removal, tow away and storage, shall be assessed against the vehicle in accordance with applicable city agreement regarding tow services in place at the time of removal of the vehicle.

(Ord. No. 2023-517, § 2, 11-8-2023)

Within twenty-four (24) hours after the removal of such vehicle parked in violation of the provisions of this chapter, the police chief shall notify, in writing, the person known to be the owner of such vehicle by the registration thereof, of the following facts:

A. A general description of the vehicle, together with the license number;

B. The approximate time and the reason for removal of the vehicle and the place to which the vehicle was removed.

(Ord. No. 2023-517, § 2, 11-8-2023)

A. Signs giving notice of the provisions of this chapter shall be erected at each entrance to the city. Such signs shall be at least seventeen (17) inches by twenty-two (22) inches in size with lettering not less than one inch in height, and shall be worded substantially as follows:

WARNING

No parking on City streets

between October 15 and April 15

City Ordinance No. 2023-517

VEHICLES PARKED IN VIOLATION

WILL BE TOWED AWAY AND

VEHICLE OWNER SUBJECT TO FINE

B. No vehicles shall be removed pursuant to the provisions of this chapter unless the signs required by this section have been erected at least twenty-four (24) hours prior to the removal.

(Ord. No. 2023-517, § 2, 11-8-2023)

Additional signs, smaller in size but containing substantially the same wording, may be erected at such places within the city as the director of public works deems appropriate.

(Ord. No. 2023-517, § 2, 11-8-2023)

It is unlawful for any person to tear down, remove, mutilate, destroy or otherwise tamper with any signs erected in furtherance of this chapter.

(Ord. No. 2023-517, § 2, 11-8-2023)

This chapter shall not apply to emergency vehicles.

(Ord. No. 2023-517, § 2, 11-8-2023)

A violation of this chapter is expressly declared to be an infraction and punishable by a fine of four hundred dollars ($400.00).

(Ord. No. 2023-517, § 2, 11-8-2023)