Hawaiian Gardens Municipal Code Ch. 10.36 Oversized Vehicle Parking Regulations

Footnotes:

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Editor's note— Ord. No. 2022-604, § 3, adopted October 25, 2022, repealed the former Ch. 10.36. §§ 10.36.010—10.36.050, and enacted a new Ch. 10.36 as set out herein. The former Ch. 10.36, §§ 10.36.010—10.36.050 pertained to camping and recreational vehicle parking regulations and derived from Ord. 525, § 2, adopted 2009.

The purpose of this chapter is to reduce the adverse impacts associated with oversized vehicle parking. Such impacts include, but are not limited to, the following:

A. Oversized vehicle parking raises unique public safety concerns, including the obstruction of access to rights-of-way, reduced sight distance, and reduced visibility at intersections.

B. Oversized vehicles are typically heavier vehicles or trailers and thus have the potential to cause excessive wear and tear on roadways.

C. Oversized vehicles have been the source of environmental hazards in the City by discharging waste into the street. Such waste includes gas, oil, and human waste. These discharges create unsanitary conditions for members of the public and also result in downstream impacts as such waste flows into the City's storm drains. The discharge of waste has also caused damage to City streets by staining portions thereof.

D. Some oversized vehicles accumulate and discharge trash and debris in and around areas where vehicles are parked. The accumulation and storage of trash, debris, and other personal items in and around areas where oversized vehicles are parked has caused accessibility hazards by obstructing and/or blocking sidewalks and preventing safe passage thereon.

E. Oversized vehicle parking exacerbates the City's parking issues by further reducing the number of available parking spaces on the street. Given their size, oversized vehicles utilize limited space that could accommodate a number of smaller vehicles. Parking scarcity negatively impacts the City's residents and visitors by, among other things, making the City a less attractive destination and adding trip time for drivers who are searching for parking.

(Ord. No. 2022-604, § 3, 10-25-2022)

The following words and terms as used in this chapter have the following meanings:

Loading and unloading shall mean loading or unloading passengers or materials to or from an oversized vehicle including the activities required to prepare the vehicle for travel or storage.

Oversized vehicle shall mean any of the following:

1. Any motorized vehicle as defined in Section 670 of the California Vehicle Code or combination of motorized vehicle(s) and/or nonmotorized vehicle(s), including any attached trailers, vehicles or loads thereon, which exceeds 6,000 pounds in weight, 22 feet in length or seven 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 Section 35109, 35110 or 35111 of the Vehicle Code, as the same may be amended from time to time, shall not be included.

2. Any attached or unattached camp trailer, camper, fifth wheel travel trailer, house car, mobile home, semitrailer, trailer, trailer coach, as defined in Vehicle Code Sections 242, 243, 324, 362, 396, 550, 630, 635, or successor statutes, or any recreational vehicle, as defined by California Health and Safety Code Section 18010 or successor statute.

(Ord. No. 2022-604, § 3, 10-25-2022)

A. Parking prohibition. Except as provided in subsections B. and C. below, no person shall stop, stand, park, or leave standing any Oversized Vehicle on any public street in the City.

B. Exemptions. Subsection A. shall not apply to any of the following:

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 that are parked while the operator is actively engaged in performing a service to or on a property in the block in which such Oversized vehicle is parked.

5. Oversized vehicles parked in compliance with subsection C. below.

C. Oversized vehicle permit parking.

1. The prohibitions provided in subsection A. shall not apply to an oversized vehicle with a parking permit issued by the City. The City Manager or his/her designee is directed and authorized to adopt and promulgate policies and procedures governing issuance of oversized vehicle parking permits. Such policies and procedures shall include an application with objective requirements for granting an oversized vehicle parking permit. The City Manager or his/her designee shall review and approve or deny all applications. The City Council shall by resolution set the amount of any fee charged for such oversized vehicle parking permits. Oversized vehicle parking permits will only be issued to residents of the City of Hawaiian Gardens. Over the course of a calendar year, a resident may obtain a maximum of 12 oversized vehicle parking permits (inclusive of permits for guests and the resident's vehicle(s)). No vehicle may receive more than 12 oversized vehicle parking permits in a calendar year.

2. Residents may obtain oversized vehicle parking permits on behalf of out-of-town guests traveling with an oversized vehicle. Residents must apply for and obtain such permits on behalf of their guests. A separate permit is required for each oversized vehicle (e.g., a separate permit would be required for each of the resident's own oversized vehicles as well as any out-of-town guest's oversized vehicle).

3. Oversized vehicles with a valid permit shall be subject to the following parking regulations, which shall be in addition to the objective requirements created by the City Manager or their designee:

a. An oversized vehicle must park within 100 feet from the permit's registered residential address.

b. Parking with a permit is allowed on public residential streets for up to 72 consecutive hours for loading and unloading.

c. After an oversized vehicle has been parked for 72 consecutive hours, the oversized vehicle must vacate the public right-of-way and may not park on any public street in the City for at least 72 consecutive hours.

(Ord. No. 2022-604, § 3, 10-25-2022)

No electrical, water, gas, telephone or other utility connection from a property to an oversized vehicle shall encroach into any public right-of-way, including across or above any street or sidewalk. This prohibition includes, but is not limited to, electrical cords, extension cords, hoses, or cables. This Section 10.36.040 applies to all oversized vehicles in the City, including those covered by subsections 10.36.040B. and C..

(Ord. No. 2022-604, § 3, 10-25-2022)

A. Any violation of Section 10.36.030 or 10.36.040 may be subject to the following:

1. Prosecution by the City Attorney or authorized representative for an infraction in accordance with Section 42001 of the California Vehicle Code; or

2. A civil penalty (i.e., parking ticket) in accordance with the schedule of civil penalties for parking violations adopted by resolution of the City Council, the enforcement of which shall be governed by the civil administrative procedures set forth in Division 17, Chapter 1, Article 3 (commencing with Section 40200) of the California Vehicle Code.

B. In addition to the provisions set forth in subsection A. above, any vehicle parked in violation of Section 10.36.030 or 10.36.040 may be removed and stored at the owner's expense; provided, that signs are posted giving notice that vehicles so parked may be removed.

(Ord. No. 2022-604, § 3, 10-25-2022)