Brawley Municipal Code Art. IX Motor Vehicles, Trailers and Semitrailers

The city council hereby finds and determines that the standing and parking of automobiles, motor truck tractors, trailers and semitrailers on unimproved property in the city in violation of the zoning ordinance has been rapidly increasing. Much of the illegal parking is occurring in close proximity to residences. Such parking raises dust and can cause substantial noise during the day and night as many vehicles require the continuous operation of refrigeration equipment. Heavy trucks and trailers are being driven across sidewalks and curbs in the process of such parking causing substantial risk of damage to sidewalks and curbs not constructed to withstand such heavy weights.

(Ord. No. 719, § 1; Ord. No. 2018-03, § 1, 7-3-2018)

For purposes of this article, the following terms shall have the following definitions:

(a) Automobile. A road vehicle, typically with four wheels, powered by an internal combustion engine or electric motor and able to carry a small number of people.

(b) Curb. That raised portion of the public roadway which delineates the edge of the roadway and which acts as an aid to drainage.

(c) Driveway. That portion of property specifically designed and constructed to allow ingress and egress from a public street by motor vehicles onto either public or private property.

(d) Motor truck. A motor vehicle designed, used, or maintained primarily for the transportation of property.

(e) Semitrailer. A vehicle designed for carrying persons or property, used in connection with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

(f) Sidewalk. That portion of the highway, other than the roadway, set apart by curbs, barriers or markings for pedestrian travel.

(g) Trailer. A vehicle designed for carrying persons or property on its own structure and for being drawn by motor vehicles and so constructed that no part of its weight rests upon any other vehicle.

(h) Truck tractor. A vehicle designed and used primarily for drawing other vehicles and not constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(Ord. No. 719, § 2; Ord. No. 2018-03, § 2, 7-3-2018)

(a) It shall be unlawful for any person to park or let stand any motor truck, truck tractor, trailer or semitrailer on any real property in the city not zoned and improved as a parking lot in accordance with the zoning ordinance of the City of Brawley.

(b) It shall be unlawful for any person to part of let stand any automobile on any private real property in the city not zoned and improved as a parking lot in accordance with the zoning ordinance of the City of Brawley, except as follows:

(i) The portion of the real property where the automobile is parked or is allowed to stand is designed and constructed as a driveway; or

(ii) The portion of the real property where the automobile is parked or is allowed to stand is accessible via a driveway or accessible in a manner that does not require moving the automobile over a curb and sidewalk that is not part of a driveway, and the automobile is not visible from the public street.

(Ord. No. 719, § 3; Ord. No. 2018-03, § 3, 7-3-2018)

Pursuant to the authority granted by Section 38771 of the California Government Code, the standing or parking of automobiles, motor trucks, truck tractors, trailers and semitrailers in the city of Brawley in violation of section 17.116 of the Brawley Municipal Code is a nuisance.

(Ord. No. 719, § 4; Ord. No. 2018-03, § 4, 7-3-2018)

In accordance with Section 40200(b) of the California Vehicle Code, the registered owner and driver, rentee or lessee of any automobile, motor truck, truck tractor, trailer or semitrailer parked in violation of this article shall be jointly liable for parking penalties imposed for a violation of section 17.116 of the Brawley Municipal Code.

(Ord. No. 2018-03, § 5, 7-3-2018)

Editor's note— Ord. No. 2018-03, § 5, adopted July 3, 2026, repealed the former § 17.118, and enacted a new § 17.118 as set out herein. The former § 17.118 pertained to prima facie evidence of violation and derived from Ord. No. 719, § 5.

Subject to the approval of the city manager, the city attorney is authorized to bring an action against the owner of record of any real property that park or lets stand any automobiles, motor trucks, truck tractors, trailers and semitrailers on real property situated in the city of Brawley in violation of section 17.116 of the Brawley Municipal Code.

(Ord. No. 2018-03, § 6, 7-3-2018)

Editor's note— Ord. No. 2018-03, § 6, adopted July 3, 2026, repealed the former § 17.119, and enacted a new § 17.119 as set out herein. The former § 17.119 pertained to use of tow truck operators and derived from Ord. No. 719, § 6.

Nothing contained in this article shall prohibit or make unlawful the standing or parking of trucks, truck tractors, trailers or semitrailers on property while such equipment is being serviced, loaded or unloaded in the usual course of business lawfully conducted upon such property or in the usual course of business of the owner and operator of such equipment. This is not to be construed as to allow the operation of a for-profit service garage or repair shop at a location where such a business is not allowed.

(Ord. No. 97-04, § 1.)

It shall be unlawful for any person to drive, pull, push, tow or move a motor truck, truck tractor, trailer or semi-trailer across any curb sidewalk or across any curb and sidewalk except in the lawful use of a driveway at such location.

(Ord. No. 719, § 8.)

The violation of this article shall constitute an infraction and shall be punishable only by a fine in accordance with Government Code Section 36900 as the same now provides or may be hereafter amended.

(Ord. No. 719, § 9.)