Fremont Municipal Code Art. X Stopping, Standing and Parking

(a) The provisions of this chapter 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 in compliance with the directions of a police officer or official traffic-control device.

(b) The provisions of this chapter 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 California Vehicle Code or the ordinances of this city, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 58 § 3-2900. 1990 Code § 3-2900.)

(a) For purposes of this section, the term “vehicle” shall mean any device by which any person or property may be propelled, moved, or drawn upon a street or highway, except a device moved exclusively by human power.

(b) No person shall park or leave standing any vehicle on any public street, highway, alley, or publicly owned parking lot for more than 72 consecutive hours. This prohibition shall apply to all vehicles parked or left standing within Fremont city limits unless explicitly exempt from this parking restriction by this section or another section of this code.

(c) Any vehicle that has been parked or left standing in the same location or parking spot for 72 consecutive hours must be moved at least 1,000 feet (approximately two-tenths of a mile) from its current location and may not return to the same location or parking spot for at least 24 hours after its departure.

(d) A vehicle shall be deemed to have been parked or left standing in violation of the 72-hour parking limit if:

(1) The vehicle has not been moved at least 1,000 feet (approximately two-tenths of a mile) from the location or parking spot where it was originally parked or left standing for 72 consecutive hours; or

(2) Less than 24 hours after the vehicle is moved in accordance with this section, the vehicle returns to the same location or parking spot where it was previously parked or left standing for 72 consecutive hours.

(e) Any vehicle that has been parked or left standing in violation of this 72-hour parking limit may be removed from the street in accordance with Cal. Veh. Code § 22651, as may be amended or renumbered from time to time.

(f) Prior to removing any vehicle from the street for violation of this 72-hour parking limit, a warning notice advising that the vehicle will be removed or towed for violation of this section if the vehicle is not moved at least 1,000 feet (approximately two-tenths of a mile) from its current location within the next 36 hours shall be conspicuously affixed to the vehicle. The notice shall also advise that the vehicle shall not be returned to its current location or parking spot for at least 24 hours after departure and, if it does return, it will be subject to immediate removal.

(g) Whenever a member of the Fremont police department or other authorized city employee removes a vehicle from the street pursuant to this section and causes it to be stored or impounded as permitted by the California Vehicle Code, the police chief or their designee shall comply with Cal. Veh. Code § 22852, as may be amended or renumbered from time to time, governing post-storage notice and hearing requirements for registered and legal owners of record.

(h) The police chief or his or her designee may establish and promulgate written administrative guidelines governing enforcement of the 72-hour parking limit and said guidelines shall be made accessible to members of the public. (Ord. 58 § 3-2901; Ord. 429 § 1; Ord. 648 § 2; Ord. 10-2024 § 1, 11-12-24. 1990 Code § 3-2901.)

(a) “Oversized vehicle” shall mean any motorized vehicle as defined in Cal. Veh. Code § 670 or a combination of motorized vehicle(s) and/or nonmotorized vehicle(s), including any attached trailers, vehicle or loads thereon, which exceeds 22 feet in length, and/or six feet in width and seven feet in height. To determine the height, width or length of a vehicle defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments allowed by Cal. Veh. Code § 35109, 35110 or 35111, as the same may be amended from time to time, shall not be included. Oversized vehicle shall include any camp trailer, camper, fifth wheel travel trailer, house car, mobilehome, trailer coach, as defined in Cal. Veh. Code § 242, 243, 324, 362, 396, 635, or successor statutes, or any recreational vehicle, as defined by Cal. Health & Safety Code § 18010 or successor statute.

(b) “Loading and unloading” shall mean loading or unloading passengers or material to or from an oversized vehicle including the activities required to prepare the vehicle for travel or storage.

(c) Parking Prohibition. Unless otherwise authorized by this section or another section of this code, no person shall stop, stand, park or leave standing any oversized vehicle on any public street within 100 feet from the property line of a residential use, including multifamily residential and mixed uses.

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

(1) Oversized vehicles involved in an emergency or being repaired under emergency conditions. Emergency parking may be allowed for 24 consecutive hours where an oversized vehicle is left parked on a city street because of mechanical breakdown or because of physical incapacity of the driver or owner.

(2) Oversized vehicles belonging to federal, state or local authorities or public utilities that are parked while the operator of the vehicle is conducting official business.

(3) Oversized vehicles actively engaged in loading and unloading or deliveries of person, merchandise, wares, supplies, goods or other materials in the course of construction or other work from or to an adjacent residence or building. Oversized vehicles actively engaging in loading and unloading shall park at the street curb immediately adjacent to the residence or building, or within 400 feet of the residence if this area is not available for parking due to curb configuration or codified parking restrictions.

(4) Oversized vehicles parked on a street immediately abutting a street lot line of the lot upon which the vehicle owner resides, subject to the following limitations: such parking shall be for the convenient departure from or return to the lot commencing or ending the same day of such departure or return, including any loading or unloading of persons and personal property or for the preparation of the vehicle incidental to such departure or return. Such parking shall in no event extend beyond two consecutive days, nor more than three days during any seven-day period.

(5) Oversized vehicles parked or standing in connection with, and in aid of, and during the performance of a service to or on a property in the block in which such oversized vehicle is parked.

(e) Any owner of a vehicle in violation of this section shall be informed of said provisions of this section by written warning notice thereof by an authorized representative of the city and provided 24 hours to cease and desist any such parking violations prior to the issuance of a citation. The warning notice shall also advise the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of this section that may include the removal of the vehicle.

(f) Any vehicle that has been parked or left standing in violation of this oversized vehicle parking restriction after issuance of a written warning notice may be removed from the street in accordance with Cal. Veh. Code § 22651, as may be amended or renumbered from time to time. (Ord. 10-2024 § 2, 11-12-24.)

No person shall park a vehicle upon any right-of-way for the principal purpose of:

(a) Displaying such vehicle for sale.

(b) Greasing or repairing such vehicle except for repairs necessitated by an emergency. (Ord. 1196 § 2, 9-6-77. 1990 Code § 3-2902.)

(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

(b) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such roadway unless signs are in place permitting such standing or parking.

(c) The city manager is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when 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.

(d) The requirement of parallel parking 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 that vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the center line of the street and does not block traffic thereby. (Ord. 58 § 3-2903. 1990 Code § 3-2903.)

(a) Whenever this code designates and describes any street or portion thereof upon which angle parking shall be permitted, the city manager shall mark or sign such street indicating the angle at which vehicles shall be parked.

(b) When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The front wheel of the parked vehicle nearest the curb or edge of roadway must be within six inches of said curb or edge of roadway.

(c) The city manager or designee shall maintain a list of locations where angle parking is allowed. (Ord. 58 § 3-2904; Ord. 1554 § 1, 5-3-83; Ord. 2268 § 1, 11-18-97; Ord. 2-2011 § 1, 5-10-11; Ord. 05-2021 § 1, 4-20-21. 1990 Code § 3-2904.)

(a) The city manager is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his/her opinion, interfere with traffic or create a hazardous situation.

(b) When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. (Ord. 58 § 3-2905; amended during 2012 reformat. 1990 Code § 3-2905.)

(a) The city manager is hereby authorized to establish regulations as needed or desired to restrict parking within any city owned parking facility or lot or other city property. Regulations may include hours of operation, time limits and other restrictions as needed. Parking regulations shall be in writing and filed with the city clerk. Such regulations shall not apply until signs giving notice thereof have been erected.

(b) The city council may, by resolution, establish any public parking facility, or portion thereof, as a paid public parking facility and may establish the fees for the use of the public parking facility.

(c) All regulations and fees applicable to a public parking facility shall be prominently posted at every entrance to such facility.

(d) When official signs, markings or devices are erected indicating the regulations and fees applicable to any city property, no person shall park, stop or stand a vehicle in violation of the posted restrictions. No person shall stop, park or leave standing any vehicle in any public parking facility when the required fees for parking such vehicle have not been paid. When signs have been posted pursuant to Cal. Veh. Code § 22651(n) at every entrance to a public parking facility, the chief of police or his designee may cause the removal of any vehicle in violation of the regulations applicable to that facility.

(e) In any public parking facility, it is unlawful for any person to operate any vehicle in excess of any posted speed limit, contrary to the signed traffic flow pattern, or in violation of any provision of Division 11, Rules of the Road, of the California Vehicle Code. (Ord. 709 § 1; amended during 2012 reformat; Ord. 10-2018 § 1, 4-3-18. 1990 Code § 3-2905.5.)

(a) The city manager is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet.

(b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Ord. 58 § 3-2906. 1990 Code § 3-2906.)

No person shall park or leave standing any vehicle unattended on a highway upon any grade exceeding three percent within any business or residence district without blocking the wheels of such vehicles by turning them against the curb or by other means. (Ord. 58 § 3-2907. 1990 Code § 3-2907.)

(a) 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, in any of the following places:

(1) Within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present. Signs or curb paint is not required.

(b) The city manager shall appropriately sign or mark, and when so signed or marked, no person shall stop, stand or park a vehicle at any place where the city manager determines that it is necessary in order to eliminate dangerous traffic hazards.

(c) The city manager shall appropriately sign or mark any locations in the city within 100 feet from an intersection or street right-of-way extension, on certain streets or portions thereof, when the city manager determines it is necessary to prohibit parking of vehicles with an overall height of six feet or greater as measured from the ground, including any load thereon, except for incidental equipment such as roof racks; and, when so signed or marked, no person shall stand, stop or park such a vehicle in any such place. (Ord. 58 § 3-2908; Ord. 207 § 1, 5-3-94; Ord. 03-2024 § 2, 4-9-24. 1990 Code § 3-2908.)

(a) No person shall stand or park any motor vehicle from which goods, wares, food or other merchandise are sold, displayed, solicited or offered for sale or bartered or exchanged, on any portion of any street or right-of-way within the city, except at the request of a bona fide purchaser the peddler may stand or park the motor vehicle for a period of time not to exceed 10 minutes at any one place. Following each 10-minute stop, a peddler must move 500 feet from any prior place at which the motor vehicle was parked or standing within the preceding two hours.

(b) No person shall stand or park a nonmotor vehicle or device (including a wagon or pushcart) to sell goods, wares, food or other merchandise on any portion of any street or right-of-way. (Ord. 58 § 3-2909; Ord. 1647 § 1, 1-22-85; Ord. 1783 § 1, 6-23-87. 1990 Code § 3-2909.)

(a) Whenever the city manager shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the city manager shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the city manager shall direct during the existence of such emergency and the city manager shall cause such signs to be removed promptly thereafter.

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

(c) Whenever the city manager shall determine that an emergency parking need is likely to result from the holding of public or private assemblages, gatherings, or other functions, or for other reasons, the city manager shall have power and authority to order the temporary covering of parking restriction signs. Such covering shall remain in place only during the existence of such emergency, and the city manager shall cause such covering to be removed promptly thereafter. (Ord. 58 § 3-2910; Ord. 985 § 1, 3-26-74; Ord. 2103 § 2, 2-14-95. 1990 Code § 3-2910.)

No operator of any vehicle shall stop, stand, park or leave standing such vehicle on any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such 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 24 hours prior to the effective time of such no parking. (Ord. 648 § 3. 1990 Code § 3-2910.5.)

Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Cal. Veh. Code § 618, shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during any time mentioned in Cal. Veh. Code § 618, a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved type class A Type I turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned above can be placed in the required locations. The warning signals herein mentioned shall be displayed continuously during the times mentioned in Cal. Veh. Code § 618 while such vehicle remains disabled upon such street or highway. (Ord. 58 § 3-2911. 1990 Code § 3-2911.)

(a) The city manager is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:

(1) At any place in any business district.

(2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.

(b) In no event shall more than one-half of the total curb length in any block be reserved for loading zone purpose.

(c) Loading zones shall be indicated by a yellow paint line upon the top of all curbs within such zones, or by appropriate signs.

(d) Passenger loading zones shall be indicated by a painted white line upon the top of all curbs in such zones, or by appropriate signs. (Ord. 58 § 3-2912. 1990 Code § 3-2912.)

(a) The city manager is hereby authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meanings as herein set forth:

(1) “Red” means no stopping, standing, or parking at any time except as permitted by the California Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.

(2) “Yellow” means no stopping, standing, or parking at any time between 7:00 a.m. and 6:00 p.m. of any day, except Sundays 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 three minutes nor the loading or unloading of materials more than 20 minutes.

(3) “White” means 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 mailbox, which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, and except as follows:

(A) When such zone is in front of a hotel or church, or in front of a mailbox, the restrictions shall apply at all times.

(B) When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed.

(4) “Green” means no standing or parking for longer than 20 minutes at any time between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays.

(5) “Blue” means no stopping, standing or parking by vehicles other than those of physically handicapped persons displaying a distinguishing license plate or placard issued by the Department of Motor Vehicles pursuant to the California Vehicle Code.

(b) When the city manager as authorized under this chapter has caused curb markings to be placed, no person shall stop, stand, or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section. (Ord. 58 § 3-2913; Ord. 187 § 1; Ord. 1456 § 1, 8-4-81. 1990 Code § 3-2913.)

(a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall only apply to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than 20 minutes.

(b) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States mail.

(c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes.

(d) Within the total time limits above specified the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. (Ord. 58 § 3-2913. 1990 Code § 3-2914.)

No person shall stop, stand, or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 10.05.690. (Ord. 58 § 3-2914. 1990 Code § 3-2915.)

No person shall stop, stand, or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 10.05.690. (Ord. 58 § 3-2915. 1990 Code § 3-2916.)

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. (Ord. 58 § 3-2916. 1990 Code § 3-2917.)

No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property. (Ord. 58 § 3-2917. 1990 Code § 3-2918.)

No person shall stop, stand or park any vehicle on any real property which has been designated by the city council pursuant to Cal. Veh. Code § 21107.5, 21107.6, 21107.7 or 21107.8 as being subject to the provisions of the California Vehicle Code or particular provisions thereof, in violation of any sign, marking or device erected as required by law to give notice that such parking is prohibited. (Ord. 1156 § 2, 3-15-77; Ord. 1456 § 2, 8-4-81. 1990 Code § 3-2918.5.)

It shall be unlawful for the operator of any vehicle to stop, stand or park a vehicle for any period of time longer than is necessary for the loading or unloading of passengers and not to exceed three minutes at any place between the limit markers or signs placed within the projected real property boundaries of any undertaking establishment, private residence, or any public or private place at any time during or within 40 minutes prior to the beginning of any funeral or funeral service, unless the operator of the vehicle is directed by or has received permission from the director or other person in charge of such funeral or funeral service to park such vehicle in such place; provided, that such director or person in charge shall have placed and maintained prior to and during the time limit herein specified two approved portable signs, one at each extremity of such place, upon the sidewalk or pavement area and within two feet of the curb. (Ord. 58 § 3-2918. 1990 Code § 3-2919.)

(a) The city manager is hereby authorized to establish time limited or prohibited parking during all or certain hours of the day.

(b) When signs authorized by the city manager are in place giving notice thereof, no person shall stop, stand, park or leave standing any vehicle on any street or portion thereof during the certain hours of the day designated by the signs or for a period of time longer than designated by the signs. (Ord. 58 § 3-2919; Ord. 451 § 1; Ord. 2075 § 1, 5-17-94. 1990 Code § 3-2920.)

(a) The city manager is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.

(b) The word “bus” as used in this section shall mean any motorbus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.

(c) The city manager is hereby authorized to delineate the limits of the bus zone by directing the installation of “No Stopping Any Time” signs or red curb markings.

(d) No person shall stop, stand or park any vehicle except a bus in a bus zone when signs or red curb markings authorized by the provisions of this section are in place giving notice thereof. (Ord. 58 § 3-2920; Ord. 2103 § 3, 2-14-95. 1990 Code § 3-2921.)

(a) Taxicab and other public transportation vehicle stands shall be established in accordance with Section 5.80.270.

(b) The curb surface within each taxicab stand shall be painted yellow and marked “TAXICAB STAND” in red lettering, or shall be designated by signs of a type and size approved by the city manager.

(c) It shall be unlawful for the operator of any vehicle, other than a taxicab or automobile for hire, to park such vehicle in such taxicab stand. (Ord. 58 § 3-2921; Ord. 168 § 2. 1990 Code § 3-2922.)

(a) The city manager is hereby authorized to restrict the parking of vehicles in excess of 20 feet in length.

(b) When signs authorized by the city manager are in place giving notice thereof, no person shall stop, stand, park or leave standing a vehicle in excess of 20 feet in length on any street or portion thereof. (Ord. 90 § 1; Ord. 2075 § 2, 5-17-94. 1990 Code § 3-2923.)

(a) When appropriate signs are in place designating “truck traffic routes” pursuant to Section 10.05.370, no person shall park any vehicle exceeding a maximum gross weight of 10,000 pounds at any location on a public street which is not a “truck traffic route” except while loading or unloading property, or 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 in which such vehicle is parked.

(b) When appropriate signs have been placed by the city manager giving notice of such restriction, no person shall park any vehicle exceeding a maximum gross weight of 10,000 pounds on any public city street in front of any apartment building, motel, hotel or any other single or multiple dwelling except while loading or unloading property, or 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 in which such vehicle is parked.

(c) The parking restrictions set forth in subsections (a) and (b) of this section shall not be applicable to the parking of any vehicle for which a permit has been issued pursuant to Section 10.05.400. (Ord. 597 § 1; Ord. 1085 § 2, 1-20-76. 1990 Code § 3-2924.)

It shall be unlawful for any person to stop, stand or park any vehicle upon any parking facility in areas designated by sign markings, as detailed in the California Vehicle Code, for exclusive use of physically handicapped persons unless the vehicle displays either a distinguishing license plate or placard issued by the Department of Motor Vehicles pursuant to the California Vehicle Code. (Ord. 1456 § 3, 8-4-81. 1990 Code § 3-2925.)