Brawley Municipal Code Div. 4 Off-Street Public Parking Lots

When authorized signs are in place giving notice thereof, no person shall stop, stand or park any motor vehicle on any off-street public parking lot owned, controlled or operated by the city, between the hours of 7:00 A.M. and 6:00 P.M., on any day except Sundays and holidays, for a continuous period of time longer than two hours, except as hereinafter provided.

(Ord. No. 651, § 1.)

The city manager is hereby authorized and directed to set aside and reserve parking spaces on the off-street public parking lots owned and operated by the city and to lease such spaces on a month to month basis for full-time parking.

(Ord. No. 651, § 2.)

The city manager shall use his discretion as to the number and location of spaces in each of such off-street public parking lots to be used for such leased full-time parking; provided, however, that sufficient parking spaces shall be kept available for the general public in all such public parking lots.

(Ord. No. 651, § 3.)

The city manager shall cause all such leased parking spaces to be designated by appropriate signs or painting to indicate that the same are restricted to lease parking and are not available for parking by the general public.

(Ord. No. 651, § 4.)

The rates to be charged to lessees of such full-time parking spaces shall be determined from time to time by resolution of the city council.

(Ord. No. 651, § 5.)

The city manager shall issue to lessees of such full-time parking spaces an appropriate sticker, or other means of identification, for placement at a proscribed place on the lessee's vehicle, visible from outside the vehicle, and indicating that such vehicle is authorized to be parked in such leased parking space.

(Ord. No. 651, § 6.)

No person, other than the lessee of such designated reserved parking space, shall stop, stand or park any motor vehicle on an off-street public parking lot in a space designated as reserved for lease parking.

(Ord. No. 651, § 7.)

All motor vehicles parked on off-street public parking lots owned, controlled or operated by the city shall be parked within the lines designating individual parking spaces.

(Ord. No. 651, § 8.)

For the purposes of this division, the following words and phrases, when used in this division, shall have the meaning respectively ascribed to them in this section:

"Advertising sign" means a sign advertising a business, club, organization, or services offered; or advocating for or against a person, candidate, ballot measure, idea, issue of public concern, religion, philosophy, or discipline; or expressing an idea, joke, point of view, complaint, or expressing speech of any kind. For purposes of this Division, a sign is an advertising sign regardless of the content of the message contained thereon.

"City limits" means the city limits of the city of Brawley, a general law city situated in the county of Imperial, state of California.

"City street" means any public street, highway, boulevard, road or alleyway situated within the city limits of the city of Brawley.

"Leave standing" means the act of allowing a motor vehicle to remain at rest, in a parking space, adjacent to a street or highway or on public land, while said motor vehicle is attended by a person.

"Motor vehicle" means a motorized vehicle capable of being driven or operated on a street or highway.

"Park, parked, parking" means the act of leaving a motor vehicle unattended in a parking space, adjacent to a street or highway or on public land.

"Public land" means any real property that is owned or leased by the city of Brawley, including, but not limited to, city owned parking lots.

(Ord. No. 2021-11, § 3, 1-18-2022)

Except as provided in section 19.91-12 below, it shall be unlawful for any person to park or leave standing a motor vehicle with any advertising sign or signs affixed thereto on the city streets or public lands within the city limits for any period of time longer than one hour.

(Ord. No. 2021-11, § 3, 1-18-2022)

If a motor vehicle with advertising sign or signs that has been parked or left standing on a city street or public land within the city limits has been marked with chalk or any other means by a person authorized by the city to enforce the city's parking regulations, and is subsequently moved prior to the expiration of one hour, if said motor vehicle is moved less than one hundred yards from the location it was originally marked, then for purposes of a violation of this division, it will be as if the motor vehicle has remained in place in the original location where it was marked.

(Ord. No. 2021-11, § 3, 1-18-2022)

A motor vehicle may contain advertising signs that are painted directly upon or are permanently affixed to the body of, an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.

"Permanently affixed" means any of the following:

1. Painted directly on the body of a motor vehicle;

2. Applied as a decal on the body of a motor vehicle;

3. Placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in California Vehicle Code Section 672 and licensed pursuant to California Vehicle Code Section 11701, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.

A license plate frame installed in compliance with California Vehicle Code Section 5201 may contain an advertisement on that license plate frame and/or a paper advertisement contained within the license plate frame if the paper advertisement was issued by a motor vehicle dealer.

(Ord. No. 2021-11, § 3, 1-18-2022)

After the initial warning citation, a subsequent offense of this division is a misdemeanor, punishable upon conviction by a fine of not less than two hundred fifty dollars, nor more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both fine and imprisonment. The city council may establish from time to time by resolution an increase in the amount of the fine.

(Ord. No. 2021-11, § 3, 1-18-2022)

A motor vehicle in violation of this division may be impounded pursuant to California Vehicle Code Section 22651(w), Subsections (1) and (2).

(Ord. No. 2021-11, § 3, 1-18-2022)

Section 22852 of the California Vehicle Code applies to this division with respect to the removal of any motor vehicle pursuant to California Vehicle Code Section 22651(w)(1).

Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the city directs the storage of a vehicle, the city shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within forty-eight hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing, in person, in writing or by telephone, within ten days of the date appearing on the notice. The city may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.

(Ord. No. 2021-11, § 3, 1-18-2022)

If any subsection, sentence, clause, or phrase of this division is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this division. The city council hereby declares that it would have adopted this division, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

(Ord. No. 2021-11, § 3, 1-18-2022)