Article IX — Motor Vehicles, Trailers and Semitrailers

The city council hereby finds and determines that the standing and parking of motor trucks, 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 causes substantial noise during the day and night as many of the vehicles require the continuous operation of refrigeration equipment. Such parking by produce trucks and cattle trucks creates obnoxious odors and attracts flies. 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.

This article is intended to provide a means to prevent the foregoing abuses and to abate the substantial nuisances which result therefrom.

(Ord. No. 719, § 1.)

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

(a)

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

(b)

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.

(c)

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

(d)

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.

(e)

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

(f)

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.

(g)

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.)

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.

(Ord. No. 719, § 3.)

Pursuant to the authority granted by Section 38771 of the California Government Code, the standing or parking of motor trucks, truck tractors, trailers and semitrailers on real property in the city of Brawley not zoned and improved as parking lots in accordance with the provisions of the zoning ordinance is a nuisance.

(Ord. No. 719, § 4.)

In accordance with Section 41102 of the California Vehicle Code, the parking of any motor truck, truck tractor, trailer or semitrailer in violation of this article shall constitute prima facie evidence that the registered owner of such equipment was the person who committed such offense.

(Ord. No. 719, § 5.)

(a)

The Brawley police department is authorized to use the services of duly licensed tow truck operators to remove any motor truck, truck tractor, trailer or semitrailer standing or parked in violation of this article and to store the same at the cost and expense of the owner or operator thereof until the same shall be released to the owner, operator, or other person authorized to take possession thereof, upon the payment of the fees and costs of such removal and storage.

(b)

Any law enforcement officer of the city may authorize the physical removal and storage of any equipment standing or parked in violation of this article, through use of a licensed tow truck operator authorized to provide such services.

(c)

Upon the removal of such offending equipment, the police shall use reasonable efforts to immediately locate and advise the operator thereof that the same is being removed and the procedures to obtain its release. Upon such removal the police shall also comply with the provisions of Division 11, Chapter 10, Article 3 of the California Vehicle Code.

(d)

The removal and the payment of costs in obtaining the release of equipment shall not prevent prosecution under this article for the violation in the initial standing or parking of such equipment.

(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.)