Eastvale Municipal Code Ch. 10.20 Parking

In order to further community preservation, protection of the health, safety and welfare of its citizens, property values, and aesthetic qualities, these regulations are intended to provide a just, equitable, and practical method for regulating and enforcing street parking restrictions and prohibitions for certain vehicles within the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The terms set forth in this section shall have the meanings respectively ascribed to them for purposes of this chapter. Whenever any terms used in this section are not defined, but are defined in the Vehicle Code of the state and amendments thereto, such definitions are incorporated herein and shall apply.

City code enforcement means the city official or employee authorized by the city council or designee to administer and enforce the provisions of this chapter.

City highway means any streets, roads and highways that have been accepted into the city-maintained road system and are maintained by the city.

Commercial vehicles means any vehicles of a type that are required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit; or designed, used or maintained primarily for the transportation of property.

Recreational vehicles means any vehicles, with or without motor power, designed for human habitation or recreation, including but not limited to: boats, snowmobiles, watercraft, racing vehicles, off-road vehicles, utility trailers, motor homes, travel trailers, truck campers or camping trailers.

Residential district means any area zoned primarily for residential use pursuant to the provisions of the zoning code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Except as provided in section 10.20.050, no person shall park or leave standing any vehicle or trailer, on any city highway for a period in excess of three days.

(b) A vehicle or trailer parked or left standing at the same location for more than 72 hours is prohibited to be parked or left standing at another location within a radius of 500 feet from the original location, with the intent to circumvent the 72-hour parking limit and using city roads as storage space, after enforcement personnel tag the vehicle or trailer for possible violation of subsection (a) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any vehicle parked or left standing on any city highway in violation of section 10.20.020 shall be subject to removal and placed in a storage facility pursuant to and in compliance with the provisions of Vehicle Code §§ 22651 and 22850.

(b) Whenever a vehicle is removed from a city highway pursuant to subsection (a) of this section, the vehicle's registered and legal owners of record, or their agents, shall be provided with an opportunity for a post-storage hearing to determine the authority for, and the validity of, the removal and storage of such vehicle pursuant to and in compliance with the provisions of Vehicle Code §§ 22650 and 22852.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) No person shall park or leave standing any vehicle where signs are posted or curbs are painted giving notice thereof.

(b) The city may establish on city highways restricted parking or no-stopping zones upon the completion of an engineering study and a field review which study and field review shall document the need and purpose in establishing such restricted parking or no stopping zones.

(c) The city shall post signs or cause curbs to be painted to give notice of the parking restrictions contained in subsection (a) of this section.

(d) According to the Vehicle Code § 22651 and this Code, city code enforcement is authorized to enforce parking restrictions promulgated in this chapter. The city council or designee shall effect the guidelines and administrative procedures deemed necessary.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city council, by resolution, may prohibit parking on designated portions of state highways and authorize the removal of any vehicle parking or left standing therefrom pursuant to Vehicle Code § 22651(n), and upon adoption of any such resolution, the city shall post signs giving notice of such removal.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) The city council, by resolution, may allow angle parking on streets where curbs and gutters are installed and the roadway is paved from curb to curb, with a minimum width of 75 feet.

(b) Where angle parking is permitted, vehicles are required to park within the white lines designating angle parking spaces.

(c) The city shall cause streets and highways to be marked with white lines designating parking spaces as provided in subsection (b) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) No person shall park or leave standing any truck, trailer, or semitrailer used primarily for hauling manure, garbage, livestock, poultry or other product giving off a noxious or unpleasant odor, upon, or in a city highway or other property adjacent to, or within 200 feet from, any premises zoned primarily for residential occupancy and in use for that purpose, except in an emergency or when necessary for the purpose of loading or unloading such vehicle.

(b) The city shall place signs to give notice of any regulation as provided for in subsection (a) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The city council or designee may establish loading zones and passenger loading zones. The city council or designee shall determine the location of the loading zones and passenger loading zones and establish the zones upon completion of an engineering study and a field review which study and field review shall document the need and purpose in establishing such loading zones. The loading zones shall be indicated by appropriate signs and curb markings as follows:

(1) Red shall mean no stopping, standing or parking at any time, except that a bus may stop to load or unload passengers in a red zone marked or sign posted as a bus loading. A red zone marked or sign posted as a taxi zone shall permit stopping, standing and parking exclusively for taxicabs.

(2) Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. on any day except Sunday and holidays for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than five minutes, or the loading or unloading of materials more than 20 minutes.

(3) White shall mean no stopping, standing or parking except so long as is necessary for the loading or unloading of passengers or for the purposes of depositing or picking up mail in an adjacent mailbox.

(4) Green shall mean stopping, standing or parking is allowed for the time limit specified by posted signs or stencils on the top of the curb where applicable.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) No person shall park or leave standing any vehicle or trailers within 15 feet of a community mailbox or cluster of individual mailboxes that serve four or more residences or businesses.

(b) Signs are not required to be posted to provide enforcement when the delivery of mail is hindered due to a parked vehicle blocking the mailboxes.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Whenever the city council or designee shall determine that, in a special situation, traffic congestions or hazardous or dangerous driving conditions are likely to result on any highway, street or alley under the jurisdiction of the city from the holding of public or private assemblages, gatherings or functions, street construction, maintenance or repair work, or for any other reason of public safety, the city council or designee may order the placement or posting of temporary signs, including reduced speed signs, indicating that the operation, parking or standing of vehicles is prohibited or regulated on such highway, street or alley, to the extent indicated on the signs. Such signs shall remain in place only during the existence of such special situation and the city shall cause such signs to be removed promptly thereafter.

(b) The city shall place signs or cause the curbs to be painted to give notice to any regulation as provided for in subsection (a) of this section.

(c) When signs authorized by provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs nor exceed the speed indicated.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Any provision of this chapter which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the state department of transportation is required by state law shall cease to be operative six months after receipt by the city council of written notice of withdrawal of approval provided by the state department of transportation.

(b) Whenever this chapter delegates authority to a city officer, or authorizes action by the city council to regulate traffic upon a state highway in any way which by state law requires the prior approval of the state department of transportation, no such officer shall exercise such authority nor shall such action by the city council be effective with respect to any state highway without the prior approval in writing of the state department of transportation when and to the extent required by the California Vehicle Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) No person shall park any vehicle or place any structure upon any city highway for the purpose of selling therefrom any article or thing, and no person shall sell, display for sale, or offer for sale any article or thing, either in or from any such vehicle or structure so parked or placed; but this section shall not prohibit a seller from taking orders or delivering any commodity from a vehicle on a city highway adjacent to the premises of the purchaser, nor shall it prohibit any person from temporarily parking any vehicle upon a city highway while actually engaged in making a sale to a customer wishing to buy.

(b) Exceptions; prima facie evidence of violation; administrator.

(1) Except as provided for in subsection (b)(2) of this section, no person shall park, stop, place or leave standing any vehicle or cause any vehicle to be parked or placed upon any private or public street, highway, parking lot or other private or public property located within the city for the purpose of selling, displaying for sale or offering for sale any such vehicle.

(2) Subsection (b)(1) of this section shall not prohibit any person from selling, displaying for sale or offering for sale a vehicle on private property, provided the person owns or occupies the property or has written permission of the property owner, authorized agent of the property owner or the person in lawful possession of such private property. Such written permission shall be displayed in or on the vehicle in such a manner as to be clearly visible, and upon request by a peace officer or code enforcement officer employed by the city, such written permission shall be made available for further inspection. This subsection shall not exempt a person from compliance with county zoning ordinances or any other ordinance or law governing the sale of vehicles on private property.

(3) The parking or placing of any vehicle with a sign or other advertising device thereon or proximate thereto, indicating such vehicle is for sale shall constitute prima facie evidence that such vehicle was parked or placed for the purpose of displaying the vehicle for sale.

(4) The provisions of this subsection may be administered and enforced by the city council or designees.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) The city council may, by resolution, designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or a placard issued pursuant to Vehicle Code §§ 22511.55 and 22511.59 or 5007. If the designated space is to be on a city highway, it shall be reviewed to determine if there is sufficient space for a disabled person to enter and exit the vehicle safely and if a viable path is available (including wheelchair ramps) from the designated parking space. Whenever a parking space is so designated, it shall be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space, and may also be indicated by signs or other suitable means.

(b) The city council may, by resolution, designate stalls or spaces in an off-street parking facility owned or operated by the city for the exclusive use of vehicles which display a distinguishing license plate or placard issued pursuant to Vehicle Code §§ 22511.55 and 22511.59 or 5007.

(c) The owner or person in lawful possession of an off-street parking facility, after notifying the police department, and the city owning or operating an off-street parking facility, may cause the removal from a stall or space designated for physically handicapped persons in such facility to the nearest public garage, which regularly accepts towed vehicles, of any vehicle not displaying one of the distinguishing placards or license plates specified in this section if there is posted immediately adjacent to, and visible from such stall or space, or, if there is posted, in a conspicuous place at each entrance to the off-street parking facility, not less than 17 by 22 inches in size with lettering not less than one inch in height, a sign which clearly and conspicuously states the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at _____ (address), or by telephoning _____ (law enforcement phone)."

(d) No person shall park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans, unless the vehicle displays a distinguishing license plate or placard issued pursuant to Vehicle Code § 5007, 22511.55 or 22511.59.

(e) All fines imposed for violations of subsection (d) of this section shall be in accordance with Vehicle Code § 42001.5. The provisions of this section may be administered and enforced by the city council or designees, pursuant to Vehicle Code § 22507.9.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) No person shall park or leave unattended any vehicle on any state or city highway, including the improved shoulders of such highway, in any snow area so as to interfere with the operations of snow removal equipment, except when necessary to comply with the directions of a peace officer. A vehicle shall be deemed unattended if the licensed driver responsible for the vehicle is not immediately available for moving the vehicle. Snow removal equipment includes any vehicle, machinery or equipment utilized for snow removal and belonging to the city, the state department of transportation, or any other person engaged, hired, contracted or otherwise authorized to remove snow from state or city highways.

(b) For the purposes of this section, the term "snow area" includes all of the city encompassed by the boundaries of the San Bernardino National Forest.

(c) The city shall place signs to give notice of the snow area parking restrictions contained in this section.

(d) Any vehicle parked or left standing in violation of this section shall be subject to removal as provided for in Vehicle Code § 22651. Any peace officer, as that term is defined in chapter 4.5 (commencing with section 830) of title 3 of part 2 of the Penal Code; or any regularly employed and salaried city employee, who is engaged in directing traffic or enforcing parking laws or regulations, may remove or cause to be removed any vehicle parked or left unattended in violation of this section. Any regularly employed and salaried city employee who is engaged in snow removal operations shall enforce the provisions of this section and may remove or cause to be removed any vehicle parked or left unattended in violation of this section.

(e) Charges for vehicle removal, tow away and storage shall be assessed against the vehicle removed for violation of this section.

(f) This section shall not apply to emergency vehicles as defined by the California Vehicle Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No person shall park or leave standing a commercial vehicle having a manufacturer's gross vehicle weight rating of more than 10,000 pounds, or any commercial trailer or semitrailer regardless of weight, on any public street or highway within the city.

(b) The city shall post signs to give notice of the parking restrictions contained in this section at major entry points into the city.

(c) This section shall not apply under the following conditions:

(1) Any commercial vehicle making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained;

(2) Any vehicle parked in connection with, and in the aid of, the performance of a service to or on a property in the block in which such vehicle is parked;

(3) Any school or passenger bus under the jurisdiction of the public utilities commission;

(4) Any vehicle owned by a city, county, state, public entity or licensed contractor engaged in the installation, maintenance, or repair of any public property, utility or highway; and

(5) Any authorized emergency vehicle as defined by the California Vehicle Code.

(d) Penalty. Violation of this section shall be an infraction, punishable by a fine of:

(1) $250.00 for the first infraction;

(2) $500.00 for the second infraction; and

(3) $750.00 for each additional violation of this section within a period of one year after the second infraction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 19-03, § 1, 3-27-2019)

(a) Recreational vehicle prohibited on city highway within residential districts; exceptions.

(1) Except as provided in subsection (a)(2) of this section, no person shall park or leave standing any recreational vehicle on any city highway within a residential district in the city.

(2) For a period of not more than 72 hours, twice a month, a recreational vehicle may be parked or left standing on a city highway if vehicles are otherwise allowed to park there and if:

a. The vehicle is parked or left standing directly in front of the residence of the recreational vehicle owner for the purposed of loading, unloading or cleaning of such vehicle; or

b. The vehicle is parked or left standing directly in front of the residence by a person visiting the residence and the owner of the residence has given his/her permission.

(3) Notwithstanding subsection (a)(2) of this section, a recreational vehicle parked within the boundaries of the neighborhood preservation overlay zone shall be subject to the requirements of this Code.

(b) Two-hour parking restriction on city highway for recreational vehicles where signs are posted; exception.

(1) Except as provided in subsection (b)(2) of this section, no person shall park or leave standing any recreational vehicle on any city highway in the city for a period longer than two hours of any one day when signs are erected or posted giving notice thereof.

(2) The city council or designee may establish restricted parking for recreational vehicles on any city highway pursuant to subsection (b)(1) of this section upon completion of an engineering study and a field review, which study and field review shall document the need and purpose in establishing two-hour parking restriction for recreational vehicles on city highways. When exercising the authority conferred by this section, the city shall cause signs to be erected or posted pursuant to subsection (c) of this section.

(3) This section shall not apply to any city highway located within the boundaries of a residential district in the city.

(c) Signage. The city shall erect or post signs in compliance with Vehicle Code § 22507 giving notice of the parking prohibitions and restrictions contained in subsections (a) and (b) of this section.

(d) Enforcement; violation; citation. City code enforcement shall enforce the provisions of subsections (a) and (b) of this section. Any vehicle parked or left standing in violation of subsections (a) and (b) of this section shall be subject to citation. No citation shall be issued unless signs are erected or posted pursuant to subsection (c) of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 15-05, § 1, 7-8-2015; Ord. No. 19-03, § 1, 3-27-2019)

A vehicle stopped or parked upon a roadway with adjacent curbs or class IV bikeways, as defined in Section 890.4 of the Streets and Highways Code, shall be stopped or parked with the right-hand wheels of the vehicle parallel to, and within 18 inches of, the right-hand curb or the right-hand edge of the class IV bikeway, except that a motorcycle shall be parked with at least one wheel or fender touching the right-hand curb or edge. If no curbs, barriers, or class IV bikeways bound a two-way roadway, right-hand parallel parking is required unless otherwise indicated.

This section does not apply to commercial vehicles which, pursuant to Vehicle Code § 22502, subd. (b)(l) that cannot abide by these restrictions in loading or unloading merchandise or passengers.

(Ord. No. 24-02, § 1, 1-24-2024)

Editor's note— Ord. No. 24-02, § 1, adopted January 24, 2024, renumbered the former § 10.20.180 as § 10.20.220 and enacted a new § 10.20.180 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, except as provided under Vehicle Code § 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance.

(Ord. No. 24-02, § 2, 1-24-2024)

Editor's note— Ord. No. 24-02, § 1, adopted January 24, 2024, renumbered the former § 10.20.190 as § 10.20.230 and enacted a new § 10.20.190 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device along the edge of any highway, at any curb, or in any location in a publicly or privately owned or operated off-street parking facility, designated as a fire lane by the fire department or fire district with jurisdiction over the area in which the place is located.

The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE," which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE."

(Ord. No. 24-02, § 3, 1-24-2024)

(a) No person shall abandon a vehicle upon any highway.

(b) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

(c) Any person convicted of a violation of this section shall be punished by a fine of not less than $100.00 and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

(d) Proof that the costs of removal and disposition of the vehicle have been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to abandonment. That proof may consist of a police report or other evidence acceptable to the court.

(e) The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lienholder a "Declaration of Opposition" form within the time specified in Section 22851.8.

(f) (l)

If a vehicle is abandoned in violation of subdivision (b) and is not redeemed after impound, the last registered owner is guilty of an infraction. In addition to any other penalty, the registered owner shall be liable for any deficiency remaining after disposal of the vehicle under Section 3071 or 3072 of the Civil Code or Section 22851.10 of this Code.

(2) The filing of a report of sale or transfer of the vehicle pursuant to Section 5602, the filing of a vehicle theft report with a law enforcement agency, or the filing of a form or notice with the department pursuant to subdivision (b) of Section 4456 or Section 5900 or 5901 relieves the registered owner of liability under this subdivision.

(Ord. No. 24-02, § 4, 1-24-2024)

Any person violating any of the provisions of this chapter (except stated otherwise) shall be guilty of an infraction, unless otherwise provided and upon conviction thereof, shall be punishable by a fine established by the California Vehicle Code. Each day a violation is committed or permitted to continue shall constitute a separate offense. Notwithstanding the foregoing, a first and any subsequent violation of section 10.20.120(b) may be cited, charged and prosecuted as a misdemeanor. Payments of any fine or penalty shall not relieve a person from the responsibility of correcting any violation of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 24-02, § 5, 1-24-2024)

Editor's note— Ord. No. 24-02, § 5, adopted January 24, 2024, renumbered the former § 10.20.180 as § 10.20.220. The historical notation has been retained with the amended provisions for reference purposes.

The procedures, remedies and penalties for violation of any provision of this chapter and for recovery of costs related to enforcement are provided for in this Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 24-02, § 5, 1-24-2024)

Editor's note— Ord. No. 24-02, § 5, adopted January 24, 2024, renumbered the former § 10.20.190 as § 10.20.230. The historical notation has been retained with the amended provisions for reference purposes.