Fremont Municipal Code Art. XV On-Street Vehicle Sales

(a) There is a limited amount of on-street parking places on major arterial and collector streets in the several districts of the city.

(b) The shortage of parking is further exacerbated by the practice of people parking vehicles on the street for days at a time for the sole purpose of displaying same for private sale.

(c) The use of arterial and collector streets for the purpose of on-street sale of vehicles creates related problems including double parking, slowing of traffic to inspect vehicles, erratic traffic movement created by the need to quickly park to inspect vehicles, increased traffic and parking impacts and problems of vandalism to vehicles left in exposed areas for lengthy periods of time.

(d) Because of the critical need for parking in the several districts of the city, and the need to reduce risks for vehicular traffic on major arterial and collector streets of the city, the city must now regulate the use of on-street parking spaces for purposes of selling vehicles on major arterial and collector streets in the city.

(e) To promote the safety and welfare of the residents of the city and to assure an equitable method of regulation, it is necessary to regulate the display of vehicles for the purpose of sale on major arterial and collector streets in the city. (Ord. 2235 § 1, 4-1-97. 1990 Code § 3-21301.)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Arterial” has the same meaning as stated in Section 18.25.190. Arterials shall include all parallel frontage roads adjacent to the arterial street.

“City” means the city of Fremont.

“Collector street” has the same meaning as stated in Section 18.25.530.

“Display for sale” means to place a vehicle upon the public street for the purpose of offering the vehicle for sale or for soliciting offers to purchase the vehicle.

“Owner” means any person, firm, partnership, corporation, or association whose name appears on the registration document as the registered owner for the vehicle on file with the State Department of Motor Vehicles.

“Park” or “parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

“Police department” means the chief of police of the city of Fremont or the designee thereof.

“Residence of owner” means the residence of the registered owner of the vehicle as shown on the vehicle registration issued by the Department of Motor Vehicles or on file with the State Department of Motor Vehicles.

“Vehicle” means any automobile, truck or device by which any person or property may be propelled, moved, or drawn upon a street or highway excepting a device moved by human power or used exclusively upon stationary rail or track or any object placed thereon. (Ord. 2235 § 1, 4-1-97; Ord. 2255 § 1, 7-29-97. 1990 Code § 3-21302.)

(a) It shall be unlawful for any person to park a vehicle on any arterial or collector street shown on Exhibit A (on file with the city clerk) for the purpose of displaying the vehicle for sale unless the vehicle is parked within 600 feet of the residence of the registered owner of the vehicle.

(b) Pursuant to Cal. Veh. Code § 22651.9, any vehicle parked on any collector or arterial street (see Exhibit A, on file with the city clerk) within the city in violation of this article may be removed and impounded in accordance with this code; provided, that:

(1) Such vehicle has been issued a notice of parking violation (the “notice”) for violation of this article within the prior 30 days;

(2) Such previous notice of parking violation was accompanied by a warning that an additional violation may result in the removal and impoundment of the vehicle even if the vehicle is moved to another street so long as the signs or placards offering the vehicle for sale remain displayed in or on the vehicle;

(3) The notice was issued at least 24 hours prior to the removal of the vehicle; and

(4) Conditions to the removal of the vehicle set forth in Cal. Veh. Code § 22651.9 have been satisfied.

(c) Prior to any removal or impoundment of a vehicle under this section, the enforcement officer shall verify that the vehicle is parked more than 600 feet from the residence of the registered owner of the vehicle. (Ord. 2235 § 1, 4-1-97. 1990 Code § 3-21303.)

Violations of this article shall be punishable by infraction citations as provided in Chapter 1.15 and by administrative penalties as provided in Chapter 1.20. (Ord. 2255 § 1, 4-1-97. 1990 Code § 3-21304.)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The city council of the city of Fremont hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (Ord. 2255 § 1, 4-1-97. 1990 Code § 3-21305.)

---

1

Code reviser’s note: Ord. 01-2016 adds these provisions as Section 10.05.980. The section has been editorially renumbered to avoid duplication of numbering.