Modesto Municipal Code Art. 20 Oversized Vehicle and Trailer Parking

The City Council finds as follows:

(a) Parking recreational vehicles and trailers on residential streets interferes with the normal flow of vehicle traffic, parking affects the safety of drivers using such streets, and creates visual obstacles for motorists and pedestrians.

(b) Current parking regulations are inadequate to address the problem of parking oversized vehicles and trailers on residential streets.

(c) Persons owning oversized vehicles and trailers should have the opportunity to have limited use of residential streets for short periods of time.

(d) It is in the public interest to adopt parking regulations that will help alleviate safety and parking concerns regarding oversized vehicles or trailers while also allowing oversized vehicle or trailer owners to use residential streets for a limited time and basis.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

This chapter is adopted pursuant to the city's police powers and California Vehicle Code Section 22507.5, and any successor statute or regulation, in order to regulate parking of oversized vehicles or trailers within the city's jurisdiction. The regulations enacted by this chapter are intended to protect public health and safety by, among other things, ensuring that vehicles parked or stopped in and along city streets, or other public rights-of-way, do not hinder, obstruct, or otherwise endanger drivers engaged in the ordinary flow of traffic.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

(a) "Out-of-town visitor" means any person who does not reside in the City and who is temporarily visiting a resident of the City.

(b) "Oversized vehicle" means any vehicle which exceeds twenty (20) feet in length; or exceeds seven (7) feet in width; or exceeds seven (7) feet in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the California Vehicle Code as it now exists or hereafter may be amended. Oversized vehicle does not include pickup trucks, which are less than twenty-five (25) feet in length and eighty-two (82) inches in height.

(c) "Residential areas" means those residential areas of the City as defined by local zoning ordinance.

(d) "Trailer" means a trailer, semi-trailer, camp trailer, unmounted camper, or trailer coach as defined in the California Vehicle Code.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) The prohibitions in this chapter will apply at all times, or at those times specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or to comply with the directions of a police officer or official traffic control device.

(b) The time limitations on standing or parking in this chapter will not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or this code prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

Every person who is issued a notice of parking violation pursuant to this chapter may request review of that notice under California Vehicle Code Sections 40215 et seq.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) Except as otherwise provided in this section, it is unlawful for any person to park or leave standing any oversized vehicle or trailer on any street in a residential area Monday through Fridays, inclusive, holidays excepted.

(b) Exceptions. This section does not apply:

(1) To any person loading, unloading, or cleaning an oversized vehicle or trailer as long as said oversized vehicle or trailer is parked on the public street for no more than seventy-two (72) hours;

(2) To any person making temporary or emergency repairs to an oversized vehicle or trailer not to exceed twenty-four (24) consecutive hours;

(3) To any person picking up or delivering goods, wares, and merchandise, including, without limitation, building materials to be used in "the actual repair," alteration, remodeling or construction of any building or structure located in the residential zones for which a building permit has previously been obtained;

(4) To any person holding a valid oversized vehicle parking permit issued pursuant to this chapter;

(5) To any person holding a valid oversized vehicle handicap permit issued pursuant to this chapter;

(6) To any public emergency vehicle; or

(7) To any person parking their vehicle or trailer on a street within a space already designated for times parking.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) Daytime Parking Prohibited. Except as otherwise provided in this section, it is unlawful for any person to park or leave standing any trailer that is attached to a vehicle capable of moving the trailer in a lawful manner on any street in a residential area Monday through Fridays, inclusive, holidays excepted.

(b) Unhitched Trailers Prohibited. Except as otherwise provided in this section, it is unlawful for any person to park or leave a trailer standing on any street or alley in a residential area unless it is attached to a vehicle capable of moving the trailer in a lawful manner upon the street.

(c) The provisions of this section do not apply to:

(1) Trailers owned by a public utility or a licensed contractor while actually in use during the construction, installation, or repair of any public utility.

(2) Persons loading or unloading a trailer when making temporary or emergency repairs to a trailer.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) Purpose. The purpose of authorizing the issuance of oversized vehicle parking permits is to give owners of oversized vehicles an opportunity, for a limited time, to park the oversized vehicles on a street/highway adjacent to their residence for the purpose of loading or unloading such oversized vehicles, and to allow an out-of-town visitor to park on a street/highway adjacent to the residence which the out-of-town visitor is visiting for a limited time period, notwithstanding the provisions of this chapter. The purpose of authorizing the issuance of oversized vehicle handicap permits is to allow a handicapped person, whether or not such person has a handicapped license plate, to park a designated oversized vehicle on a street/highway in a residential area.

(b) Persons holding a valid permit issued pursuant to this chapter may park an oversized vehicle on a street in a residential area.

(c) The Police Chief or designee, is authorized to issue oversized vehicle parking permits and oversized vehicle handicap permits pursuant to this chapter.

(d) There will be no fee charged for issuance of an oversized vehicle parking permit.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

Every person desiring an oversized vehicle parking or handicap permit will file an application with the Police Chief or designee, containing the following:

(a) The name, address and phone number of the registered owner and applicant of designated oversized vehicle;

(b) The license number, make and model of designated oversized vehicle;

(c) The dates for which the permit is requested;

(d) The dates and duration of any and all oversized vehicle permits issued to the applicant within the immediately preceding ninety (90) day period;

(e) Additional information the Police Chief, or designee, may reasonably require; and

(f) The signature of the applicant under penalty of perjury.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) The Police Chief will issue a permit if:

(1) The application was completed in accordance with this chapter;

(2) He determines that the health, safety and general welfare of the neighborhood will not be adversely affected thereby; and

(3) The application is signed by the applicant under penalty of perjury.

(b) Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) Oversized Vehicle Parking Permit. An oversized vehicle parking permit will be valid for a period not to exceed five (5) consecutive calendar days. Upon expiration of an oversized vehicle parking permit issued under this section, the applicant may apply for and be granted additional oversized vehicle parking permits if the applicant still qualifies under the conditions set forth herein. In no event will oversized vehicle parking permits be issued to an applicant for a total period in excess of ten (10) days within any consecutive ninety-day (90) period.

(b) Oversized Vehicle Handicap Permits. Oversized vehicle handicap permits will be valid for a period of two (2) years, and may be renewed, if the applicant continues to meet the qualifications therefor.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

A permit must be denied if the Police Chief finds that:

(a) The applicant is not a bona fide city resident;

(b) The proposed location is not on a street adjacent to the applicant's residence;

(c) The out-of-town visitor is not the applicant's guest;

(d) Information submitted by the applicant is materially false; or

(e) If the application is for an Oversized Vehicle Handicap Permit:

(1) The applicant is not entitled to receive a handicap placard or license plate under the California Vehicle Code; or

(2) The Oversized vehicle is not the applicant's primary mode of transportation.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

Permits issued pursuant to this chapter will be in a form prescribed by the Police Chief and will include the license plate number of the oversized vehicle to which it relates, and the date of issuance and the day of expiration.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)

(a) All permits are required to be placed at the lower driver's side of the windshield of the oversized vehicle or vehicle that is attached to the trailer to which it relates so that it is clearly visible from the exterior of the oversized vehicle.

(b) Each vehicle issued a permit shall be parked in a manner that conforms to all other parking and vehicle regulations and laws established by this Code and the Vehicle Code.

(Added by Ord. 3232, § 1, effective 10-4-01)

(Ord. No. 3716-C.S., effective 3-12-20)