Montclair Municipal Code Ch. 8.36 Stopping, Standing and Parking

A. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times specified by this chapter 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 laws of the City prohibiting or limiting the standing or parking of vehicle in specified places or at specified times.

(Prior code § 4-4.1001)

A. No person who owns or has possession, custody or control of any vehicle shall park such a vehicle upon any street for more than 72 consecutive hours.

B. In the event a vehicle is parked or left standing upon a street for a period of more than 72 consecutive hours, any member of the Police Department authorized by the Chief of Police may remove such vehicle from the street in the manner specified in, and subject to the requirements of, the Vehicle Code.

(Ord. 05-869 § 1 (part): Ord. 99-791 Exh. A (part); prior code § 4-4.1003)

A. No person shall park a vehicle upon a roadway and repair such vehicle except for repairs necessitated by an emergency.

B. No person shall park a vehicle upon a roadway with a "for sale" sign or placard if, because of such sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1004)

Whenever any law of the City designates and describes any street, or portion thereof, upon which angle parking shall be permitted, the City Engineer shall mark or sign such street indicating the angle at which vehicles shall be parked.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1006)

A. The City Engineer is authorized to erect signs indicating "no parking" upon that side of any street adjacent to any school property when it is determined that such parking would interfere with traffic or create a hazardous situation.

B. When 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 except as permitted by City Council resolution.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1007)

A. It is unlawful for any person to park or store any vehicle in any public alley. In the event a vehicle is parked or left standing upon or within an alley, any member of the Police Department authorized by the Chief of Police, may remove such vehicle from the alley in the manner specified in, and subject to the requirements of, the Vehicle Code.

B. The City Engineer is authorized to place signs or markings indicating "no parking" upon both sides of any street when the width of the roadway does not exceed 20 feet or upon one side of any street when the width of the roadway does not exceed 30 feet.

C. When official signs or markings prohibiting parking are erected upon narrow streets, no person shall park a vehicle upon any such street in violation of any such sign or marking.

(Ord. 05-869 § 1 (part): Ord. 99-791 Exh. A (part); prior code § 4-4.1008)

Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, or other foodstuffs are sold, displayed, solicited, offered for sale, bartered or exchanged or any lunch wagon or eating car or vehicle on any portion of any street within the City, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any one place. The provisions of this section shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1012)

A. When the City Engineer determines that emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Engineer shall have the power and authority 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 as the City Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the City Engineer 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.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1013)

A. It is unlawful for any person to park or store any commercial motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more, or trailer or commercial equipment, irrespective of weight, upon any public street or alley, or on private property in the City within the following zones, to wit: R-1 (Single-family Residential), R-2 (Two-family Residential), R-3 (Multifamily Residential), and "Residential" land use districts of Specific Plan areas, except:

1. While performing a service requiring the loading or unloading of goods and/or property to premises in the block in which such vehicle and/or commercial equipment is parked until such work is completed;

2. When such vehicle and/or commercial equipment is parked in connection with the performances of a service to or on a property in the block in which such vehicle and/or commercial equipment is parked until such service is completed;

3. When the vehicle or commercial equipment is immobile due to accident or mechanical breakdown; in such case such vehicle and/or commercial equipment may be parked for a period of time not to exceed 24 hours; or

B. It is unlawful for any person to park or store any commercial motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more, or trailer or commercial equipment, irrespective of weight, upon any public property (non-street right-of-way) or private property in the City within the following zones, to-wit: A-P (Administrative Professional), C-2 (Restricted Commercial), C-3 (General Commercial), MIP (Manufacturing Industrial), and the "Commercial," "Business Park," and "Industrial" land-use districts of Specific Plan areas between the hours of 2:00 a.m. and 6:00 a.m., or for more than four hours between the hours of 6:00 a.m. and 2:00 a.m., except:

1. When the vehicle or commercial equipment is immobile due to accident or mechanical breakdown; in such case such vehicle and/or commercial equipment may be parked for a period of time not to exceed 24 hours;

2. When the nature of the particular service to be performed, or material or equipment to be delivered, requires a longer period of time to complete than the time limit described in this section;

3. When the vehicle and/or commercial equipment is owned or operated by the commercial use on the private property upon which it is to be parked; or

4. If parked or stored upon public or private property, that such vehicle and/or commercial equipment shall be parked or stored upon improved and designated parking areas subject to the time restriction of this subsection B. Such parking areas may be approved by the Planning Commission pursuant to the provisions of Sections 11.78.010 through Section 11.78.120 (Conditional Use Permit). The use of such parking areas shall be limited to not exceed four hours or such lesser period of time the vehicle operator is utilizing the service provided by the business use of the premises.

C. Excluded from the provisions of this section shall be vehicles and/or commercial equipment operated and parked by a registered transient guest of a motel or hotel if such vehicle and/or commercial equipment is parked within approved designated vehicle parking areas upon the business premises. Vehicle parking areas may be approved by the Planning Commission pursuant to the provisions of Sections 11.78.010 through 11.78.120 (Conditional Use Permit).

D. When a vehicle or commercial equipment is parked or left standing in violation of this section, such vehicle or commercial equipment may be removed and stored.

(Ord. 06-874 § 1 (part): Ord. 05-869 § 1 (part): Ord. 99-791 Exh. A (part); prior code § 4-4.1015)

(Ord. No. 12-932, § 1, 8-20-12; Ord. No. 21-995, § I, 4-19-21)

A. The City Engineer is authorized to impose parking time limits or to prohibit parking on designated streets by posting appropriate signs or by markings on curbs, as provided in this chapter.

B. When curb markings or signs prohibiting or restricting parking 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 in this chapter.

(Ord. 00-806 § 1: Ord. 99-791 Exh. A (part); prior code § 4-4.1020)

The City Engineer is authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1021)

A. No person shall park a vehicle next to a green curb for longer than 20 consecutive minutes.

B. No person shall stop, stand, or park a vehicle next to a red curb.

C. No person shall stop, stand, or park a vehicle next to a yellow or white curb except for the purpose of loading or unloading passengers or freight and only for a maximum of 15 minutes, unless a different duration of time is otherwise posted.

(Ord. 00-806 § 2: Ord. 99-791 Exh. A (part); prior code § 4-4.1022)

Whenever by this chapter or any other law of the City parking is restricted or prohibited by law and "Tow-Away Zone" signs are erected giving notice thereof, the officers of the Police Department may cause any vehicle in violation thereof to be towed away and stored at the expense of the owner, operator, or person to whom the vehicle is entitled to be released, and the vehicle shall not be released except upon the payment of the towing and storage costs. In tow-away zones, the City Engineer shall cause to be erected appropriate signs giving notice thereof.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1024)

When official signs are erected indicating restriction of parking within the Civic Center complex public parking facility located east of Fremont Avenue, south of the Benito Street City Hall building and the public parking facility located east of Fremont Avenue, south of the library building, no person shall park a vehicle contrary to the directions and provisions of such signs.

A. Permit Required.

1. No vehicle shall be parked or stopped in any parking stall or space posted and/or designated by "Reserved" markings on the pavement unless such vehicle prominently displays, on a designated location upon such vehicle, a permit indicating an exemption from such restriction or prohibition.

2. It is unlawful for any person to allow the use of, transfer, sale, rental or lease, or cause to be used, transferred, sold, rented or leased, for or without any value or consideration, any such parking permit unless authorized by the City Manager.

3. It is unlawful for any person to borrow, buy or otherwise acquire, for value or use, any such parking permit.

B. Issuance of Permits. Permits shall be issued to members of the Montclair City Council, Planning Commission, Community Action Committee and Executive Management Staff by the Department of Administrative Services. The permits shall remain effective for the term of office or employment with the City. Such permit shall be surrendered upon cessation of office or employment with the City.

C. Limited Time Parking. No vehicle shall be parked in any parking stall or space posted and designated by a green painted curb for any time exceeding 30 minutes in duration between the hours of 10:00 a.m. and 8:00 p.m. on any day excluding Sunday and holidays.

No vehicle shall be parked or stopped in any parking stall or space except as posted and designated, unless such vehicle prominently displays, on a designated location upon such vehicle, a permit indicating authorization to so park.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1025)

A. In addition to the specific parking restrictions identified in this chapter for the Civic Center parking facilities, it is unlawful for any person to operate or park a motor vehicle upon any publicly owned property contrary to the California Vehicle Code or this Code. Further, the City Engineer shall be authorized to post signs at any public property, alley or City street giving notice of such parking regulations as may be adopted by the City Manager, including, but not limited to, restrictions as to:

1. Parking for official business only,

2. Prohibitions on overnight parking,

3. Duration or hours of permitted parking,

4. Temporary or permanent no parking zones,

5. Sweeping days,

6. Loading zones,

7. Alley parking.

B. For purposes of this section, the prima facie speed limit within any publicly owned parking lot shall be ten miles per hour unless pedestrians are present, lowering the prima facie speed limit to five miles per hour.

C. No such regulation of vehicle operation or parking shall be enforced unless, prior to enforcement, signs giving notice of the regulation are posted at each of the entrances to the public property.

(Ord. 99-787 § 1: prior code § 4-4.1025.5)

(Ord. No. 19-987, § I, 11-4-19)

A. No person shall park any vehicle upon private property, a private right-of-way or easement in the City for the primary purpose of displaying the vehicle for sale, except that an owner of a vehicle shall have the right to display one vehicle per property for sale upon the property of the residence of the vehicle owner as long as no other violation of law occurs.

B. This section shall not apply to any vehicle sales dealer who is licensed and authorized by law to display vehicles for sale upon private property in the City.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1026)

A. No person shall park any vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor permit the storage of any trailer, camper shell, watercraft, or other similar equipment upon any lawn or other unpaved surface on any commercial or industrial zoned property, or lying within any front yard or street side yard, with such front or street side yard to include both the required setback area and any area(s) between the street and structure that are in excess of the required residential setback, within any residential zoned area or other zoned property being used primarily as a residence.

B. No property owner shall permit the parking of any vehicle, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, and campers, nor permit the storage of any trailer, camper shell, watercraft, or other similar equipment upon any lawn or other unpaved surface on any commercial or industrial zoned property, or lying within any front yard or street side yard, with such front or street side yard to include both the required setback area and any area(s) between the street and structure that are in excess of the required residential setback, within any residential zoned area or other zoned property being used primarily as a residence.

C. No person shall use or permit the use on their property of a landscaped or unpaved area for access to a parking or storage area for any automobile, truck, motorcycle, recreational vehicle, camper, trailer, watercraft, or other similar equipment when such access falls within any front yard or street side yard, with such front or street side yard to include both the required setback area and any area(s) between the street and structure that are in excess of the required residential setback, within any residential zoned area or other zoned property being used primarily as a residence. An exception may be granted in those cases where such access is so infrequent as to cause no discernible effect on the landscaping within any front yard or street side yard building setback.

(Ord. 06-871 § 1: Ord. 01-808 § 1; Ord. 99-791 Exh. A (part); prior code § 4-4.1027)

No person shall stop, stand or park a vehicle on the private property of another adjacent to a roadway which has been designated a "No-Cruising Zone" pursuant to this chapter when: (A) the business or businesses on that property are closed or at any time when there is no visible business enterprise on the private property; and (B) there is displayed in plain view at the entrances to the private property signs prohibiting public parking (with or without restrictions) and containing the telephone number of the local traffic law enforcement agency. These signs shall be not less than 17 inches by 22 inches in size with lettering not less than 1 inch in height.

(Ord. 99-791 Exh. A (part); prior code § 4-4.1028)