Laguna Niguel Municipal Code Art. 6 Stopping, Standing and Parking of Vehicles

Footnotes:

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Cross reference— Advertising on parked vehicles, § 7-1-71 et seq.

Except as otherwise provided in this article, regulations pertaining to the stopping, standing or parking of vehicles shall be established by ordinance or resolution of the city council.

(Ord. No. 90-11, § 6, 3-6-90)

Pursuant to the California Vehicle Code, the city council, by ordinance or resolution, shall establish specific portions of street segments where the stopping, standing, or parking of vehicles is either prohibited or subject to parking time limitations. Notwithstanding the preceding general requirement, the traffic engineer is hereby authorized to place appropriate signs or markings prohibiting or restricting the stopping, standing, or parking of vehicles in the following limited and specific circumstances and in the absence of a city council ordinance or resolution imposing a restriction on a particular street segment. In the event that the city does not have a designated traffic engineer, the duties set forth in this section may be performed by the director of public works:

(1) Bus stop zones. For loading and unloading passengers at a bus stop, or for loading and unloading children at a school bus stop.

(2) Loading zones. For the purpose of loading and unloading passengers or materials.

(3) Passenger loading zones. For the purpose of loading and unloading passengers.

(4) School zones.

a. On either side of any marked school pedestrian crosswalk.

b. Prohibiting parking or restricting parking during specific hours of the day on that side of any street adjacent to any school property when such parking, in the opinion of the director, interferes with pedestrian, bicycle or vehicle traffic, or creates a hazardous situation.

(5) Crosswalks. On either side of any marked pedestrian crosswalk.

(6) Intersections. On either side of any highway or street from its intersection with any other highway or street for the purpose of turn lanes or sight distance and visibility.

(7) Driveways. On either side of a driveway entrance to any highway or street for the purpose of sight distance and visibility.

(8) Temporary no parking zones. Temporary no parking on any City highway or street where the use of such highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street or the installation of underground utilities; or where the use of the highway or street or any portion thereof is authorized for a purpose other than the normal flow of traffic; or where the use of the highway or street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicles would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicles may be removed are erected or placed at least 24 hours prior to the effective time of such no parking.

(9) Railroad crossings. Prohibit stopping from the centerline of a railroad track crossing on any highway or street.

(10) Narrow streets. Prohibit stopping on only one side of a street which is 30 feet or less in width.

(Ord. No. 90-11, § 6, 3-6-90; Ord. No. 96-90, § 9, 4-16-96; Ord. No. 2020-204, § 7, 3-3-20)

Editor's note— Ord. No. 96-90, § 10, adopted April 16, 1996, repealed former § 7-4-602, relative to an inventory of parking restrictions, which derived from Ord. No. 90-11, § 6, adopted March 6, 1990.

(a) Parking in loading zone.

(1) It shall be unlawful for the operator of any motor vehicle to park or stop the vehicle in any loading zone for any purpose other than unloading or loading of passengers or materials, provided that no stop for the loading or unloading of passengers shall be made for more than five minutes, or provided that no stop for the loading or unloading of materials shall be made for more than 20 minutes.

(2) It shall be unlawful for the operator of any motor vehicle other than a bus or school bus to stop or park the vehicle in a bus stop zone.

(b) Maximum parking time. It shall be unlawful to park or stop a vehicle for a period of time longer than 72 consecutive hours upon or within any public parking facility, highway or street.

For purposes of this section, the vehicle shall be considered to have remained parked unless, during any 72-hour period, said vehicle has been removed at least 100 feet from the position it previously occupied; or the odometer on said vehicle exhibits a change of at least one-tenth ( 1/10 ) of one mile.

(c) Overnight parking of recreation vehicle. It shall be unlawful for any person to camp overnight in a recreation vehicle upon any highway or street, including any part of the right-of-way thereof. For purposes of this section, the term "recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.

(d) Parking in no parking zone. It shall be unlawful for any person to park in a designated no parking or no stopping zone, or any time-specific no parking or no stopping zone, when signs or markings are placed giving notice of such prohibition.

(e) Parking of vehicle not in condition to be lawfully operated. Notwithstanding the provisions of subsection (b) of this section, it shall be unlawful to park, stop or leave sitting for a period of time longer than 12 consecutive hours upon any public street or highway in the city any vehicle not in a condition to be lawfully operated on the public highways.

(f) Parking vehicle for purpose of repair. It shall be unlawful to repair, dismantle, overhaul or perform any mechanical work upon a vehicle, trailer, camp car, trailer coach or recreational vehicle on any part of any public street or highway in the city, except to replace or otherwise repair a tire or to make emergency repairs to enable such vehicle to be removed to a proper place.

(g) Parking of trailers and nonmotorized vehicles. No person shall at any time park or leave standing a nonmotorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle, on any public street or highway in the city, except for purposes of loading or unloading and for a period not to exceed two hours.

(h) Parking in bicycle lane. No person shall park or leave standing a vehicle on a designated on-road bicycle lane anywhere on the city arterial highway system, providing signs identifying such a lane and prohibiting parking are posted.

(i) Parking in a time limited parking zone.

(1) No person shall park a motor vehicle at any place in the city in violation of the time limits approved by the city council and for which a sign with the time limits is posted adjacent to the place.

(2) The city council approves a two-hour time limit on the parking of motor vehicles on eastbound Hidden Hills Road in front of Juaneño Park between 7:00 a.m. and 10:00 p.m. every day.

(j) Unauthorized parking in public parking facilities. When the city has designated certain property as a public parking facility, or has restricted parking space for parking by permit only, or where signs, lines, or other physical evidence indicates the manner in which motor vehicles must be parked thereon, or restricts the time of day or period of time during which motor vehicles may be left standing thereon, any violation of any such signs, lines, directions, or notices shall constitute a violation of this Code.

(Ord. No. 90-11, § 6, 3-6-90; Ord. No. 96-90, § 11, 4-16-96; Ord. No. 2019-195, § 2, 1-15-19; Ord. No. 2022-214, §§ 3, 4, 5-17-22)

The removal of vehicles from a city highway or street pursuant to the provisions of Vehicle Code § 22650 et seq. is authorized under the following circumstances:

(1) When a vehicle is parked or left standing for 72 or more consecutive hours.

(2) When a vehicle is illegally parked in violation of any provision of this Code forbidding standing or parking and the use of the highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street, or for the installation of underground utilities, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel.

(3) Whenever the use of a highway or street or portion thereof is authorized by the city council for a purpose other than the normal flow of traffic or for the movement of equipment, articles or structures of unusual size, and the parking of any vehicle would prohibit or interfere with such use or movement, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel.

(4) Whenever any vehicle is parked or left standing on a highway or street or portion thereof where such parking has been prohibited by this Code. No vehicle may be removed unless signs are posted giving notice of such removal.

(Ord. No. 90-11, § 6, 3-6-90)

Whenever a no parking area has been established in accordance with the provisions of this Code, the city council may by resolution determine that any one or more of the circumstances described in Vehicle Code § 22651 exist in such area, and may designate such area as a tow-away zone. Whenever the city council has designated a tow-away zone, it shall be the duty of the director to cause signs to be posted giving notice that any vehicle parked in such tow-away zone may be removed.

(Ord. No. 90-11, § 6, 3-6-90)

(a) Residence district, for purposes of this section, shall include those areas as defined in Vehicle Code § 515. All other terms used in this section, unless otherwise defined in the Municipal Code, shall have the same meaning as the term is defined to mean in the Vehicle Code.

(b) No person shall park or leave standing upon any public street or highway in a residence district in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet; or any item of farm machinery or special purpose machine. Prohibited vehicles may be parked on public residence district streets and highways:

(1) While loading or unloading persons and/or property;

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

(3) To perform repairs of an emergency nature on the vehicle itself.

(c) No person shall park or leave standing upon any public street or highway in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet between the hours of 2:00 a.m. and 6:00 a.m. Prohibited vehicles may be parked on public streets and highways:

(1) While loading or unloading persons and/or property;

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

(3) To perform repairs of an emergency nature on the vehicle; or

(4) When such vehicles are parked in compliance with a preferential parking program adopted by resolution of the city council.

(d) No person shall park or leave standing upon any public street any recreational vehicle, house car, trailer coach, trailer attached to a motor vehicle, or any other similar type of vehicle between the hours of 2:00 a.m. and 6:00 a.m. except as follows:

(1) Upon a public street adjacent to property when the purpose of the vehicle being parked at that location is for the loading or unloading of persons and/or property, or when the vehicle is parked in connection with, or in aid of the performance of a service to or on the property, or the occupants of the vehicle are visiting the property. The duration of such parking shall not exceed three days or any portion thereof, out of any consecutive seven-day period.

(2) Such a vehicle or attached trailer may be parked upon a public street along any portion of the frontage of a property when the address of the property is stated on the registration for the vehicle or trailer. The duration of such parking shall not exceed three days, or any portion thereof, out of any consecutive seven-day period.

(Ord. No. 90-11, § 6, 3-6-90; Ord. No. 93-61, § 1, 4-6-93; Ord. No. 2012-170, § 2, 5-15-12; Ord. No. 2012-170, § 2, 5-15-12)

(a) Purpose. The purpose of the city residential permit parking programs is to regulate and manage residential curb parking problems. The parking problems must substantially interfere with the normal and expected use of available public street parking spaces at regular daily or weekly intervals. The city council may establish residential permit parking programs in accordance with the procedures set forth in this section.

(b) Definitions. For purposes of this section:

(1) Director means the director of public works of the city.

(2) District means an area established by resolution of the city council pursuant to this section.

(3) Guest means any person visiting or intending to visit a person residing in a permit parking district.

(4) Block means both sides of a street lying between two intersecting streets without interruption by any other intersecting street on either side.

(5) Street means both sides of a street defined by logical limits which may span one or more blocks.

(6) Residential area is defined per the definition of residence district in Vehicle Code § 515.

(7) Nonresidential user means the owner or tenant in possession of any property in a permit parking designated area which is not used for residential purpose, and the officers, employees, agents, licensees and invitees thereof.

(c) Designation of permit parking areas. Following review and recommendation by the city traffic commission, the city council may establish permit parking by resolution. Any such resolution shall designate the boundaries of the permit parking district, the streets or the individual block designations. It shall specify the nature of the parking limitations which apply within the designated areas.

(d) Procedures. The resolution specified in subsection (c) of this section may provide that parking restrictions imposed pursuant to this section shall apply to the designated permit parking area only after a petition signed by the owners of 67 percent or more of the residential lots abutting the onstreet parking spaces of the subject restrictions have filed a petition with the traffic commission expressing their desire for such parking restrictions. The city clerk shall determine the adequacy of the petition in accordance with the following standards:

(1) In the case of a property owned by the co-owners, the signature of any one co-owner on the petition shall be sufficient.

(2) In the case of a property owned by a partnership, the signature of any general partner on the petition shall be sufficient.

(3) Ownership shall be determined by reference to the latest available tax assessment roll, or by such proof of subsequent acquisition of title as may be provided to the director by the owner.

(e) Signs and notices. Upon the establishment of a permit parking designation, the director shall cause appropriate signs to be erected in the entrances of a district, street or block indicating thereon the parking limitation applicable to the area and the exemption therefrom of vehicles with permits. In addition, the director shall send notification of the permit parking designation and regulations to all recorded homeowners' associations within the area.

(f) Issuance of permits. Applications to park within a residential permit parking designated area may be made by any resident or any eligible nonresidential user residing or working within such area who is licensed to drive a vehicle. Such applications shall be the sole responsibility of the user and filed with the director or his designated representatives. Unless otherwise prescribed by the resolution establishing the district, each household will receive one permanent decal per registered vehicle. Any permit decal issued by the city pursuant to this section shall be valid only so long as the person to whom the permit is issued owns the vehicle and controls the property which ownership or control qualified the person to obtain the permit. Any replacement due to damage of the permit or purchase of a new vehicle is the responsibility of the user.

(g) Guest parking permits. Unless otherwise prescribed in the resolution establishing a residential parking permit area, each residential unit shall be entitled to receive three mirror-type guest parking permits from the director. Upon application, residents may receive additional permits as needed for special occasions (placards).

(h) Display of permits (decals). The city will provide each type of permit.

(1) A parking permit decal issued pursuant to this section, other than a guest parking permit, shall be permanently affixed to the left inside rear window of the vehicle for which it was issued.

(2) Guest parking permits shall be displayed by hanging the permit from the rear view mirror.

(3) Placards shall be displayed in left front portion of the dashboard, face up.

(i) Exempt vehicles. The following vehicles are exempt from parking restrictions applicable to any parking permit designated area:

(1) Repair, maintenance, refuse collection, utility, fuel, delivery and service vehicles being used in the course of business.

(2) Vehicles owned or operated by any government agency, or contractor of a government agency, being used in the course of business.

(3) Emergency life support and health care vehicles owned or operated by any governmental agency, being used in the course of business.

(j) Authority of director. The director is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this section.

(k) Permit fees. The city council may, by resolution, establish fees for permit applications under this or other future permit parking programs.

(l) Removal of permit parking restrictions.

(1) The city council, pursuant to a recommendation of the traffic commission, may, by resolution, terminate and dissolve any previously established permit parking designation. The director shall remove parking restriction signs in accordance with any such resolution.

(2) Permit parking restrictions imposed shall be ended with a petition so requesting and signed by the owners of 67 percent of the residential lots abutting such block. Upon his determination that the petition is adequate in accordance with the standards set forth in this section, the director should remove parking restriction signs from such block.

(m) Enforcement and penalties.

(1) Unless exempted by the provisions of this section, no person shall stand or park a motor vehicle in any permit parking designated area in violation of any parking restrictions established pursuant to this section.

(2) It shall be unlawful for any person holding a permit to transfer such a permit to a vehicle not registered for such permit. No person shall copy, produce and otherwise counterfeit a residential or guest parking permit issued pursuant to the permit parking program. The director shall be empowered to cancel or revoke any permit which is utilized for a vehicle not registered pursuant to this section.

(3) It shall be unlawful for any person to falsely represent himself as eligible for a parking permit or furnish false information to the director or his representatives in an application for a parking permit.

(4) Violation of any provision of this section shall be an infraction. The penalty for a first and subsequent conviction shall be assessed according to the uniform bail schedule that is in force at the time of the violation applicable to South Orange County.

(Ord. No. 90-11, § 6, 3-6-90; Ord. No. 91-47, § 1, 10-1-91; Ord. No. 2007-148, § 1, 9-18-07)

Where any parking space has pavement markings designating the allotted parking space, vehicles shall be parked entirely within the designated limits of such parking space.

(Ord. No. 2022-214, § 6, 5-17-22)