Hercules Municipal Code Art. 10 Stopping, Standing And Parking For Certain Purposes Or In Certain Places

(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 Vehicle Code or the ordinances of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

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

The Director of Public Works is hereby authorized to maintain, by appropriate 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 Chapter.

When said curb markings or signs are in place no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this Chapter.

The Director of Public Works shall appropriately sign or mark the following places, and when so signed or marked, no person shall stop, stand or park a vehicle in any of such places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:

(a) Within any divisional island unless authorized and clearly indicated with appropriate signs and markings.

(b) On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street.

(c) In any area where the City Council determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property.

(d) In any area established by resolution of the Council as a "no parking" area.

(e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track.

(f) At any place within twenty feet (20') of a point on the curb immediately opposite the mid-block end of a safety zone.

(g) At any place within twenty feet (20') of a crosswalk at an intersection in any business district except that a bus may stop at a designated bus stop.

(h) Within twenty feet (20') of the approach to any traffic signal, boulevard stop sign, or official electric flashing device.

(i) 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, however, that signs giving notice of such parking are erected or placed at least twenty-four (24) hours prior to the effective time of such "no parking" restrictions

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

No person shall park a vehicle upon any roadway for the principal purpose of advertising the vehicle or items on or in the vehicle for sale unless authorized by resolution of the Council.

No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street.

No person shall wash, or cause to be washed, or polish or cause to be polished, any vehicle or part thereof upon any public street in front of any business establishment within the city, or on any street within the city where a charge is made for such service.

(a) The Director of Public Works is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property where the City Council has determined that such parking would interfere with traffic or create a hazardous condition.

(b) Where 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.

(a) The Director of Public Works is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street when the width of the roadway does not exceed thirty (30) feet, or upon any other street where the City Council has determined that no parking is required for the proper control of traffic.

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

No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent (3%) within any business or residential district without blocking the wheels of such vehicle by turning them against the curb or by other means.

(a) Definitions. As used in this section:

"Mobile food vehicle"

means any lunch wagon, eating cart or food truck, or ice cream truck, from which foodstuffs are sold on public streets, alleys, or highways within the City of Hercules.

"Mobile food vendor"

means any person who conducts, permits or causes the operation of, or owns, operates, controls, manages, or leases, any mobile food vehicle.

"Ice cream truck"

means any mobile food vehicle equipped or primarily used for retail sales of ice cream, ice milk, popsicles, frozen yogurt, frozen dessert products, and confections of any kind on public streets, alleys, or highways within the City of Hercules.

(b) No person shall park or stand on any street any mobile food vehicle from which foodstuffs are sold or offered for sale without first obtaining a written permit to do so from the City Manager or the City Manager's designee, which permit shall designate the specific location in which such vehicle shall stand and other conditions of sale.

(c) Whenever any permit is granted under the provisions of this Section and a particular location to park or stand is specified therein, no person shall park or stand any mobile food vehicle on any location other than as designated in such permit. Such permit shall be forthwith revoked by the City Manager upon evidence presented by the Chief of Police that the permit holder has been found to be in violation of the requirements of this Section on three (3) or more occasions within a six (6) month period, and no permit shall thereafter be issued to such person until six (6) months have elapsed from the date of such revocation.

(d) Any person desiring to obtain a permit to operate any mobile food vehicle within the City of Hercules shall make application to the City Manager or the City Manager's designee. A nonrefundable fee for such application shall be established from time to time by resolution of the City Council. Neither the filing of an application for a permit nor the payment of an application fee shall authorize the vending from or operation or management of any mobile food vehicle until such permit has been granted or renewed.

Each applicant for a permit to conduct business as an operator of any mobile food vehicle shall furnish the following information, unless waived by the City Manager or the City Manager's designee:

(1) The present or proposed address from which the business is to be conducted;

(2) The full true name under which the business will be conducted;

(3) The full true name and any other names used by the applicant;

(4) The present residence and business addresses and telephone numbers of the applicant;

(5) A description of the food merchandise which the mobile vendor will vend;

(6) The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, and serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;

(7) California driver's license/identification card number of the applicant;

(8) Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size taken within the six (6) month period immediately preceding the date of the application;

(9) The business, occupation or employment history of the applicant for the three (3) year period immediately preceding the date of the application;

(10) The permit history of the applicant for the three (3) year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, or state or territory, has ever had any similar license or permit or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation;

(11) All criminal convictions suffered by the applicant, including ordinance violations and traffic offenses;

(12) The full true names, residence addresses, and the California driver's license/identification card numbers of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers, operators, or attendants;

(13) Certification from the Contra Costa County Department of Health evidencing that the operator is in possession of a valid County health permit;

(14) Acceptable written proof that the applicant is insured under a policy of insurance in the manner and form required by the City from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California;

(15) The applicant shall submit to a fingerprinting in order to facilitate a complete background investigation and shall be responsible for payment of any related fees;

(16) Such other identification and/or information as the City Manager or the City Manager's designee may require in order to verify the information set forth in the application;

(17) Applicant must possess a business license for the City.

(e) The applicant shall personally appear at the Hercules Police Department and pay the required application fee and shall present the application containing the information and supporting documentation required by subsection (d) of this section.

(f) In the event of a change in status or information required hereinabove, the applicant shall report such change to the Chief of Police no later than two (2) weeks from the occurrence of such change.

(g) Ice Cream Truck Vending Restrictions.

(1) Ice cream truck operators are not permitted to sell food or beverage items before 4:00 p.m. during weekdays (Monday through Friday) in the area of Hercules located east of Interstate 80 and south of State Route 4, except on days when West Contra County Unified School District school facilities located within the designated area are not in session.

(2) Ice cream truck operators may stand or park only at the request of a bona fide purchaser for a period of time not to exceed five (5) minutes at any one (1) place.

(3) To avoid traffic related pedestrian injuries:

A. No person shall vend from an ice cream truck on any area of the street where the posted legal speed limit exceeds twenty-five (25) miles per hour.

B. No person shall vend from an ice cream truck unless such truck is lawfully parked and stopped.

C. No person shall vend from an ice cream truck to a person standing on the street or roadway.

D. No person shall vend from an ice cream truck to a prospective customer other than on the side of the vehicle next to the right side of the street, alley or highway.

E. No person shall vend from across the street from where the customer is located so as to cause the customer to cross the street; the operator must drive the vehicle to the curb where the customer is located.

F. No person shall vend from an ice cream truck to a customer who is in another vehicle.

G. No person shall vend from an ice cream truck to a customer who is located in that portion of the street, alley or highway which is open to vehicular traffic.

H. No person shall vend from an ice cream truck in violation of any other provision of law, including but not limited to the California Vehicle Code.

(h) The term of a mobile food vendor license shall be one (1) year.

(i) Current mobile food vendors will be required to comply with the provisions of this chapter within thirty (30) days of its effective date.

(j) No license issued pursuant to this Section shall be transferable or used by a person or entity not named on the permit.

(k) The provisions of this Section shall not apply to persons delivering foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

(l) In addition to any other fines and penalties that may apply, including but not limited to revocation of a mobile food vendor permit pursuant to subsection (c) of this section, violations of the provisions of this Section are subject to a citation of one hundred dollars ($100.00) for a first offense, two hundred fifty dollars ($250.00) for a second offense, and five hundred dollars ($500.00) for a third offense within a twelve (12) month period.

(Ord. 490 § 1, 2016; Ord. 530 § 3, 2020)

(a) Whenever the City Council 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 Director of Public Works is hereby authorized 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 during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the Director of Public Works 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.

Every motor truck having an unladen weight of four thousand (4,000) pounds or more and every truck tractor, irrespective of weight, when operated upon any street or highway during darkness, shall be equipped with and carry at least two (2) flares or two (2) red lanterns, or two (2) warning lights or reflectors. Such reflectors shall be of a type approved by the Highway Patrol of the State. When any such vehicle or any trailer or semitrailer is disabled upon streets or highways outside any business or residential district within the City, and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet during darkness, a warning signal as described in this Section shall be immediately placed at a distance approximately one hundred (100) feet in advance of and one hundred (100) feet to the rear of such disabled vehicle by the driver thereof; provided, however, the continuous flashing of at least four (4) approved type Class A Type 1 turn signal lamps, at least two (2) toward the front and at least two (2) toward the rear of the vehicle, shall be considered to meet the requirements of this Section until the proper warning devices can be placed in the required locations. The warning signals shall be displayed continuously during darkness while such vehicle remains disabled upon such street or highway.

It shall be unlawful for the operator of any vehicle to leave the ignition key of such vehicle in any unconcealed place within such vehicle while parked on any public street or in any public or private parking lot.

No person engaged in the express, delivery or moving business, or in the business of letting for hire automobiles or taxicabs, shall stand or park any vehicle used in such business while soliciting or waiting for patronage on any street in the city in front of any residence, store, office or other place of business without the consent, express or implied, of the owner, occupant or proprietor of such residence, store, office or other place of business.

Notwithstanding the provisions of this Chapter, the City Council may grant permission to organizations and individuals to park vehicles, materials or equipment in public parking places for special occasions. Applications for such special permission shall be made in the manner and form required by the City Manager.

No person shall park a trailer, motor home or boat for more than three (3) hours at any location within the Hercules City limits except while loading or unloading property, and time, in addition to such three (3) hour period, is necessary to complete the work.

Nothing in this section shall prohibit the lawful parking of a house trailer, motor home or boat at a private residence in accordance with Section 4-10.04(w) of this code.

(Ord. 398 § 1 (part; Ord. 427 § 1, 2007)

No person shall park a heavy duty commercial vehicle for more than three (3) hours at any location within the Hercules City Limits except:

(a) While loading or unloading property, and time, in addition to such three (3) hour period, is necessary to complete the work; or

(b) 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, and time, in addition to such three (3) hour period, is reasonably necessary to complete such service.

(Ord. 398 § 1 (part; Ord. 410 § 1, 2005)