Commerce Municipal Code Ch. 10.44 Stopping, Standing and Parking

(a) The provisions of this chapter and title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic, or yielding to an emergency vehicle, or in compliance with the directions of a law enforcement officer, or city personnel designated with the authority to enforce this title, official traffic control device, traffic control signal, barrier, barricade or marking. All provisions of vehicle code Section 22500 et seq., regulating the stopping, standing and parking of vehicles, shall apply and be enforced within the city's jurisdiction. The provisions of this chapter shall serve to supplement said vehicle code provisions, to the extent permitted by law.

(b) The provisions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the vehicle code, CAMUTCD or the ordinances or resolutions of this city prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

(Ord. No. 706, § 2, 2-5-2019)

In addition to officers and deputies of the city's law enforcement agency, and those designated herein to enforce this title, any trained city employee over eighteen years of age when designated to do so by the city administrator may enforce any parking regulations established by any city ordinance or resolution of this city, including those contained in this title and code, by following the procedure for the issuance of citations and giving cite notices as authorized by vehicle code Sections 40202 and 40203. The city administrator is authorized to designate any trained persons in the employ of the city to enforce the parking regulations as herein provided.

(Ord. No. 706, § 2, 2-5-2019)

No person shall stop, stand or park a vehicle within any parkway.

(Ord. No. 706, § 2, 2-5-2019)

No person shall stop, stand or park a vehicle in any residentially zoned area, within the required front or side yard setback areas, except upon a paved driveway area, established in accordance with Title 19, Zoning, unless authorized or exempted by state law or the city's zoning laws regulating off-street parking. Violation of this section shall be an infraction or subject to an administrative citation, punishable as provided in this code.

(Ord. No. 706, § 2, 2-5-2019)

The city administrator, city engineer, or director, are is hereby authorized to determine, establish, maintain, modify, and eliminate by appropriate traffic control devices, including signs, or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this title.

When the curb markings or traffic control devices, including signs, are in place, no operator of any vehicle shall stop, stand or park a vehicle adjacent to any legible curb marking or traffic control devices or sign in violation of any of the provisions of this title.

(Ord. No. 706, § 2, 2-5-2019)

No operator of any vehicle shall stop, stand, park, or leave standing a vehicle in any of the following places or in any of the following manners, except when necessary to avoid imminent safety hazards, conflict with other traffic or pedestrians, or in compliance with the direction of a law enforcement agency officer, deputy or other authorized officer, or traffic control device, sign or signal, or unless first securing any applicable city approval, authorization and/or permit:

(1) Within an area where traffic control devices, signals, markings, barriers, barricade, or colored curbs restrict or prohibit the stopping, standing and/or parking of vehicles.

(2) In an area where the stopped, standing or parked vehicle would constitute a safety hazard to vehicular or pedestrian traffic, as determined by the city administrator, director, the traffic commission or city council.

(3) Inside an intersection or crosswalk.

(4) Within fifteen feet of a driveway that is used by an emergency vehicle owned or operated by a law enforcement agency, fire department, ambulance service care provider, or general acute care hospital. This subsection is not applicable to any vehicle owned or operated by a law enforcement agency, fire department, ambulance service care provider, or general acute care hospital.

(5) Within fifteen feet of a fire hydrant.

(6) In front of a public or private driveway, unless by resolution or ordinance same is allowed by first securing a city approval, authorization and/or permit.

(7) On any sidewalk, or such that any part of a sidewalk is blocked by the parked vehicle.

(8) On or against the area that separates opposing lanes of traffic on divided roads, commonly referred as a "median strip."

(9) More than eighteen inches from a curb, where street parking is permitted.

(10) Within any lane of travel such that it obstructs the free use of any lane within a street.

(11) No person who owns or has possession, custody or control of any vehicle shall park the vehicle upon any street, highway, alley, public way or public place for more than a consecutive period of seventy-two hours, unless otherwise permitted.

(12) Upon, or near, any railroad track in such a manner, which may hinder, delay, or obstruct the movement of any railroad car traveling upon such track.

(13) Within twenty-five feet of a crosswalk or intersection, except that a bus may stop at a designated bus stop.

(14) Within twenty feet of the approach to any traffic control device or sign.

(15) Within an alley or narrow street, except as permitted by this title.

(16) Within any setback area on private property, other than a driveway, unless authorized or exempted by state law or the city's zoning regulations pertaining to off-street parking.

(17) Within the area of the street between the edge of a curb and the sidewalk that is typically planted, landscaped, or hardscaped, commonly referred to as a "parkway."

(18) On any street where the use of the street or a portion thereof is necessary for the cleaning, repair or construction of the street or the installation of underground utilities; where the use of the street or any portion thereof is authorized for a purpose other than the normal flow of traffic; where the use of the street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of a 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.

(19) Within any individual island or median, unless authorized and clearly indicated with appropriate signs or markings.

(Ord. No. 706, § 2, 2-5-2019)

No operator of any vehicle shall park the vehicle upon any street in this city for the purpose of advertising or displaying it for sale, unless authorized by a required city permit and/or license.

(Ord. No. 706, § 2, 2-5-2019)

No person shall construct or cause to be constructed, repair or cause to be repaired any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street on a case-by-case basis, but for a duration of no more than twenty-four hours.

(Ord. No. 706, § 2, 2-5-2019)

No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in this city.

(Ord. No. 706, § 2, 2-5-2019)

(a) The city administrator or director is hereby authorized to erect signs indicating no parking adjacent to any school property when parking would, in his or her opinion, interfere with the free flow of traffic or create a hazardous situation.

(b) When official signs are erected prohibiting parking adjacent to any school property, no person shall park a vehicle in any such designated place.

(Ord. No. 706, § 2, 2-5-2019)

(a) The city administrator, or director, are hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway is deemed inadequate for the same and orderly movement of vehicles or pedestrians.

(b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall stop or park a vehicle upon any such street in violation of any such sign or marking.

(Ord. No. 706, § 2, 2-5-2019)

A person shall not operate any motor vehicle (including any motorcycle), or the motor thereof, in a manner so as to disturb the peace or quiet enjoyment of any neighborhood or person by noise, dust, smoke or fumes caused by such motor vehicle. A person operating a vehicle shall comply with noise regulations, pursuant to Section 19.19.160 of this code.

(Ord. No. 706, § 2, 2-5-2019)

(a) Whenever the city administrator or director determines that an emergency, or an obstruction to the normal and safe flow of traffic is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, the city administrator or director shall have power and authority to order temporary traffic control devices or signs to be erected or posted indicating that the operation, stopping, parking or standing of vehicles is prohibited on such streets and alleys as the city administrator or director shall direct during the time such temporary signs are in place. The signs shall remain in place only during the existence of the emergency and the city administrator or director cause such signs to be removed promptly thereafter.

(b) When traffic control devices and signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, stop, park or stand any vehicle contrary to the directions and provisions of such signs.

(Ord. No. 706, § 2, 2-5-2019)

A person shall not park any trailer or semi-trailer upon any street, highway, alley, public way or public place unless the trailer or semi-trailer is at all times while so parked attached to a vehicle capable of moving the trailer or semi-trailer in the normal manner upon the street, highway, alley, public way or public place. Notwithstanding, said parked trailer must adhere to all other applicable stopping, standing and/or parking regulations.

(Ord. No. 706, § 2, 2-5-2019)

(a) No person shall leave standing or parking any oversized vehicle on any streets, alleys, public ways or public places, or any portions thereof, in areas where the city manager, city engineer or director of public works has caused signs or markings giving adequate notice of the restriction to be placed, except as provided in subsection (d).

(b) For purposes of this title, "oversized vehicle" means any vehicle, as that word is defined in the Vehicle Code, Section 670, or a combination of connected vehicles (including, but not limited to, trailers or semi-trailers, as defined in Vehicle Code Section 670), which exceeds twenty-five feet in length, or eighty inches in width, or eighty-two inches in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the Vehicle Code as it now exists, or as hereafter may be amended. Oversized vehicle shall not mean or include a pick-up truck or sport utility vehicle, which is less than twenty-five feet in length and eighty-two inches in height.

(c) Recreational vehicles of any size are not permitted. The term "recreational vehicle" ("RV") shall have the same meaning as set forth in California Health and Safety Code Section 18010, or as hereafter may be amended.

(d) Exceptions. This section shall not apply to:

(1) Any oversized commercial vehicle actively engaged in the loading or unloading of materials, supplies, or goods, in the delivery of goods, wares, merchandise, or other materials at an adjacent business for no longer than thirty minutes.

(2) Any vehicle belonging to or under contract with local, state or federal government authorities, or a public utility, and any emergency vehicle, as defined by Vehicle Code Section 165.

(3) Any bus for no longer than two hours, and any bus in an area specifically posted to allow bus parking or stopping for a prescribed time.

(4) An oversized vehicle properly displaying a current and valid distinguishing disabled placard or license plate issued pursuant to the Vehicle Code, so long as said vehicle is also adhering to all other traffic and parking regulations as enumerated in this title, code and Vehicle Code, including parked on a blue curb zone.

(5) A recreational vehicle that has been issued and is displaying a temporary recreational vehicle parking permit issued pursuant to Section 10.44.135, or a recreational vehicle disability parking permit issued and displayed pursuant to Section 10.44.136.

(e) The city manager, city engineer, or director of public works are authorized to promulgate and publish rules and regulations to interpret and implement this section.

(Ord. No. 706, § 2, 2-5-2019; Ord. No. 754, § 2, 6-16-2020)

(a) A person may obtain a temporary recreational vehicle parking permit for a specific recreational vehicle if he or she demonstrates in writing to the satisfaction of the director of public works or his or her designee, on an application form prepared by the director of public works and upon payment of a fee prescribed by resolution of the city council, that they meet each of the following conditions:

(1) The person owns or lawfully possess a recreational vehicle, which is operable and currently registered with the State of California;

(2) The person is a permanent city resident as determined under the law of California that wishes to temporarily park their recreational vehicle adjacent to their residence. For purposes of this section, "adjacent" to a permanent city resident's residence means within twenty-five feet of the resident's fixed address, or a non-resident temporarily visiting a specific fixed residential address with the consent of the resident of that address;

(3) The proposed parking location is reasonably situated to provide temporary access to the specific fixed residential address of the applicant, or the host of the applicant in the case of visitors;

(4) The proposed parking location does not create or exacerbate a dangerous traffic safety condition.

(b) A permit may be issued for loading, unloading, or other short-term use for a period of not more than seventy-two consecutive hours. Such activities must be conducted in compliance with all other laws and regulations. No more than forty permits shall be issued to any one eligible resident or to any one eligible vehicle within one calendar year, and a twenty-four-hour period must elapse between permits. Such parking shall be limited to the area adjacent to the residence from which the loading or unloading will occur, or as close in reasonable proximity as possible as may be necessarily determined by the director of public works, or his or her designee, thereto if the area adjacent to the residence is not available for parking.

(c) A permit may be issued for visitor parking for a period of not more than forty-eight hours. Visitor parking must be conducted in compliance with all other laws and regulations. No more than four such permits shall be issued for any one host residence per one calendar year and a twenty-four-hour period must elapse between permits. Such permits may only be issued to persons visiting a resident within the city and such visitor must provide proof that the owner of the recreational vehicle resides outside the city, and that it is operable and currently registered. Such parking shall be limited to the area adjacent to the host residence, or as close in reasonable proximity as possible thereto, as may be necessarily determined by the director of public works, or his or her designee, if the area adjacent to the host residence is not available for parking.

(d) Recreational vehicle parking with a temporary recreational vehicle parking permit shall be subject to all applicable parking restrictions in the California Vehicle Code and the Commerce Municipal Code.

(e) Nothing in this section shall be construed to permit dwelling in a vehicle.

(f) The city manager, director of public works, or city engineer are authorized to promulgate and publish rules and regulations to interpret and implement this section.

(g) All related fees and charges associated with, or as referenced or determined by, this section, and/or to implement the temporary parking permit, shall be established by resolution of the city council, which may be amended from time to time.

(Ord. No. 754, § 3, 6-16-2020)

(a) A person may obtain a recreational vehicle disability parking permit for a specific recreational vehicle to be parked at a specific location or locations if he or she demonstrates in writing to the satisfaction of the director of public works or his or her designee, on an application form prepared by the director of public works and upon payment of a fee prescribed by resolution of the city council, that they meet each of the following conditions:

(1) The person owns or lawfully possess a recreational vehicle, which is operable and currently registered with the State of California;

(2) The person is a permanent city resident as determined under the law of California;

(3) The person possesses a distinguishing disabled placard or license plate lawfully and properly issued pursuant to the California Vehicle Code;

(4) The proposed parking location is necessary to provide access to a specific fixed residential address sited with a lawful dwelling unit at which the person resides;

(5) The proposed parking location does not create or exacerbate a dangerous traffic safety condition;

(6) The person demonstrates that by reason of the disability which warranted issuance of their California distinguishing placard or license plate, the recreational vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the city's on-street parking regulations is warranted under state and federal law.

(A) If a recreational vehicle disability parking permit applicant or permit holder fails or refuses to provide the information required by these rules and regulations, the director of public works may, but need not, obtain from the department of motor vehicles the information allowed by California Vehicle Code Section 22511.58(a). When he or she deems it necessary or advisable, the director of public works may convene a review panel for the purposes enumerated in California Vehicle Code Section 22511.58(b).

(b) Application Review and Permit Issuance. Upon receipt of a complete application for a recreational vehicle disability parking permit, and prior to issuing any such permit, the director of public works shall:

(1) Review the application and all supporting materials for completeness and compliance with this section.

(2) Inspect the recreational vehicle to determine whether it is specially equipped and necessary to accommodate the applicant's disability.

(3) Review the requested parking location to verify that it is a legal dwelling unit where the applicant resides.

(c) Duration. Recreational vehicle disability parking permits shall be valid for so long as the person remains disabled, but for no longer than one year. Permits may be renewed provided that the permit holder demonstrates in writing that he or she continues to meet the conditions of this section.

(d) Recreational vehicle parking with a recreational vehicle disability parking permit shall be subject to all applicable parking restrictions in the California Vehicle Code and the Commerce Municipal Code.

(Ord. No. 754, § 4, 6-16-2020)

(a) No person shall park, stop or stand, or allow to park, stop or stand, or permit to remain for a period longer than two hours on any street, alley, highway, public way, or public place, any trailer, semi-trailer, or bus (all as defined in the vehicle code), or any mobile home, or any truck used primarily for business or commercial hauling and of a weight in excess of three-quarters ton capacity, unless such person has a written authorization or approval from the law enforcement agency, director, city administrator, and/or their designees. Notwithstanding the two-hour permissible maximum parking period allowed for in this section, said vehicle is required to adhere to all other applicable traffic and parking regulations as enumerated in this title, code and vehicle code, unless explicitly exempted.

(b) No person shall park, allow to park or stand, or permit to park or stand any of the following vehicles: (1) trailer, (2) semi-trailer, (3) bus (all as defined in the vehicle code), (4) mobile home, or (5) any vehicle which is capable of greater than one thousand five hundred pounds (three-quarter ton) cargo capacity on any street, alley, highway, public way, or public place between the hours of two o'clock a.m. and six o'clock a.m. of any day.

(c) Except as otherwise provided by statute, ordinance, resolution, permit, regulation, policy or other authorization by the city, no person shall park, stop, stand, or cause, allow or permit to park, stop, or stand, any vehicle, including mobile homes and recreational vehicles, used for dwelling purposes, in the streets, highways, alleys, public ways, public places, areas, or portions thereof.

(1) For purposes of this chapter, "recreational vehicles" shall mean and include:

(A) "Recreational vehicle" means a motor home, slide-in camper, travel trailer, or camping trailer, with or without motive power, designed for dwelling purposes for recreational or emergency occupancy.

(B) "Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold to park or stand, and designed for dwelling purposes for recreational or emergency occupancy.

(C) "Motor home" means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for dwelling purposes for recreational or emergency occupancy.

(D) "Slide-in camper" means a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for dwelling purposes for recreational or emergency occupancy and shall include a truck camper.

(E) "Travel trailer" means a portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for dwelling purposes for recreational or emergency occupancy.

(2) For purposes of this chapter, "dwelling" means and includes more than one of the following activities and when it reasonably appears, in light of all circumstances, that a person is using a vehicle for human habitation, as a place of residence and/or living accommodation: possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow; keeping and maintaining kitchen utensils, cookware, and cooking equipment; preparing or cooking meals inside or on the vehicle, or immediately adjacent and outside of the vehicle on public property; maintaining human waste, or unlawfully dumping human waste from the vehicle onto the public right-of-way; obscuring some or all of the vehicle's windows; and/or sleeping inside a vehicle.

(3) Nothing herein precludes the enforcement of any other laws against recreational vehicles or vehicles used for dwelling purposes, such as parking restrictions, including, but not limited to, prohibition of overnight parking. In this regard, restricted streets, highways, alleys, public ways, public places, areas, or portions thereof, shall include those explicitly enumerated in city Resolution No. 18-94, and any amendments thereto.

(4) Refusal to comply with this subsection after the person owning, operating, or in control of the subject vehicle has been warned by a law enforcement officer or other authorized city official designated to enforce this title that his or her conduct is in violation thereof, and is allowed a reasonable opportunity to comply but still refuses to do so, shall be subject to the city's penalty provisions, pursuant to Title 1 of this code.

(d) This section shall not apply to a commercial truck (as established by a current registration with the state department of motor vehicles):

(1) While such truck is being loaded or unloaded and such additional time is reasonably required for such loading and unloading operations; or

(2) When such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block on which such vehicle is parked for a period reasonably necessary to complete such service.

(3) Said vehicle is, however, required to adhere to all other traffic and parking regulations as enumerated in this title, code and Vehicle Code, including loading and unloading time limitations.

(e) The city manager, city engineer, or director, or their designees, are authorized to promulgate and publish rules and regulation to interpret and implement this section.

(Ord. No. 706, § 2, 2-5-2019; Ord. No. 754, § 5, 6-16-2020)

The city administrator or director are hereby authorized, subject to the provisions and limitations of this title to place and, when required herein, shall place the following curb markings by the use of paint upon curbs to indicate stopping, standing, parking, and loading and unloading or standing regulations. The curb color markings shall have the meanings as herein set forth.

(1) Red indicates no stopping, standing, or parking at any time, whether the vehicle is attended or unattended, except as permitted by provisions of the vehicle code, and except that a bus may stop in a red zone marked or where a sign may be posted to designate a bus loading zone.

(2) Yellow means no stopping, standing or parking at any time between seven o'clock a.m. and six o'clock p.m. of any day, except Sundays and holidays, for any purpose other than the loading or unloading of passengers or materials, provided, however, that the loading or unloading of passengers shall not consume more than three minutes, and the loading or unloading of materials shall not consume more than twenty minutes, or unless exempted by appropriate signage.

(3) White indicates no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mail box, which shall not exceed three minutes. Such restrictions shall apply between seven o'clock a.m. and six o'clock p.m. of any day, except Sundays and holidays, or unless exempted by appropriate signage.

(4) Green indicates no standing or parking for a period of time longer than twenty minutes, except Sundays and holidays, or unless exempted by appropriate signage.

(5) Blue indicates no stopping, standing or parking by any person, other than parking is limited exclusively to the vehicles of disabled persons and disabled veterans, whose vehicle displays a distinguishing license plate or placard issued pursuant to the applicable provisions of the vehicle code, and pursuant to the city's policy on the issuance of disabled parking spaces.

When the city administrator or the director, as authorized under this title, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any legible curb marking in violation of any of the provisions of this section.

(Ord. No. 706, § 2, 2-5-2019)

(a) Certain time limitations for parking on certain streets are on file in the office of the city clerk. Notwithstanding, the most restrictive time limitations for parking regulations contained within this title or those on file with the office of the city clerk shall apply.

(b) The city administrator or the director, as authorized under this title, shall place such signs or curb markings as may be necessary to give notice of the foregoing parking restrictions, or of any time limit parking restrictions which may hereinafter be approved and adopted by the city council.

(c) The city council may, by resolution or ordinance, alter, amend or repeal any of the foregoing time-limit regulations, and may, by resolution or ordinance, add additional time-limit parking regulations where such regulations are necessary in the opinion of the city council.

(Ord. No. 706, § 2, 2-5-2019)

(a) One-Way Streets. Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the lefthand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

(b) Determination. The director is authorized to determine when standing or parking shall be prohibited upon the left hand side of any one-way street or where standing or parking may be permitted upon the left hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.

(c) Exceptions. The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case the vehicle may be backed up to the curb, provided that the vehicle does not extend beyond the center line of the street and does not block or impede traffic thereby, or create any safety hazard.

(Ord. No. 706, § 2, 2-5-2019)

The city administrator or the director are authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.

When parking space markings are placed on the highway or street, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space.

(Ord. No. 706, § 2, 2-5-2019)

(a) No person shall stop, stand or park a vehicle on any street between the hours of two o'clock a.m. and six o'clock a.m. of any day. The city administrator, city engineer or the director, or their designees, shall cause the corresponding signs to be installed specifying the limitation on overnight parking before this provision may be enforced.

(b) Unless explicitly prohibited in this title or code, including explicit parking prohibitions against commercial vehicles, unattached trailers, and vehicles used for dwelling purposes, overnight parking is permissible in streets within residential zones as established in Title 19 of this code, unless the city administrator, city engineer, or the director determines otherwise, and places corresponding signs specifying the limitation on overnight parking.

(Ord. No. 706, § 2, 2-5-2019)