Montclair Municipal Code Ch. 8.38 Parking, Standing, and Stopping of Oversized and Recreational Vehicles…

A. Prohibited Parking. Unless otherwise exempted by this section or other applicable law, the stopping, standing, parking, or leaving of any oversized vehicle and/or unattached trailer within the City shall be prohibited as follows:

1. Residential district. Unless otherwise exempted by this section, no oversized vehicle or unattached trailer shall be stopped, parked, or left standing on any public street, alley, or highway within any residential district of the City at any time.

2. Non-residential district.

a. Unless otherwise exempted by this section, no unattached trailer shall be stopped, parked, or left standing within any non-residential district at any time.

b. Unless otherwise exempted by this section, no oversized vehicle shall be stopped, parked, or left standing within any non-residential district between the hours of 10:00 p.m. and 5:00 a.m. of the succeeding day.

B. Exemptions. Section 8.38.010.A of this Code shall not apply to the following vehicles:

1. Any oversized vehicle, excluding any unattached trailer, actively engaged in loading or unloading of goods, wares, or merchandise from or to any building or structure.

a. Oversized vehicles actively engaged in loading or unloading shall park at the street curb immediately adjacent to the residence or building, or within 400 feet of the residence or building if the former area is not available for parking due to curb configuration or codified parking restrictions;

2. Any oversized vehicle, excluding any unattached trailer, parked or left standing on a public street or highway [and excluding any alley] in connection with, and in aid of, the performance of a service to or on a property in the block of which the oversized vehicle is parked or left standing;

3. Any oversized vehicle or unattached trailer belonging to a federal, state, or local governmental agency, or a public utility, while the operator of the vehicle is conducting official business;

4. Any school bus involved in the transportation of students, or any bus used for the transportation of youths, elderly, or disabled persons during the course of the activity for which they were transported. In no event shall a bus be parked in excess of 30 minutes prior to the commencement of the event for which the passengers were transported, nor 30 minutes after the conclusion of the event.

5. Any oversized vehicle, excluding any unattached trailer, lawfully parked, stopped, or standing in an authorized commercial loading zone;

6. Any oversized vehicle or unattached trailer involved in an emergency or being repaired under emergency conditions.

a. Emergency parking may be allowed for 24 consecutive hours where an oversized vehicle or unattached trailer is left parked on a public street or highway because of a mechanical breakdown or because of physical incapacity of the driver or owner. However, emergency repairs and/or conditions shall not include routine or normal maintenance, nor extensive mechanical repairs;

7. Any vehicle or unattached trailer engaged in activity allowed under a permit issued by the department of public works.

8. Any recreational vehicle, excluding unattached trailers, displaying a current and valid permit issued pursuant to the provisions of sections 8.38.030 or 8.38.040 of this Code.

C. Location. Unless otherwise exempted by law, no oversized vehicle or unattached trailer may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:

1. Is within 50 feet of any intersection or greater distance as determined by the city engineer;

2. Is within five feet of the curb cut of any driveway, or greater distance as determined by the city engineer;

3. Blocks or hinders a traffic lane;

4. Blocks or interferes with critical sight lines for driveways, alleyways, or streets;

5. Blocks or hinders the visibility of a traffic control device; or

6. Any location, inclusive of the above, where the city engineer has caused signage to be installed prohibiting the parking of oversized vehicle or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

D. Towing Authority. Pursuant to California Vehicle Code Section 22651(n) (as that provision may be amended from time to time), the chief of police, or designee thereof, is hereby authorized to remove any oversized vehicle or unattached trailer (as these terms are defined in this chapter) that is parked on any street, alley, or highway in violation of this chapter.

(Ord. No. 25-1013, § II, 12-15-25)

With the exception of as applied to alleys, the prohibitions and restrictions contained in section 8.38.010 shall not be effective until signs or markings providing adequate notice of the prohibitions and restrictions of section 8.38.010 have been erected, installed, or placed at city limits and/or other appropriate locations as determined by the city engineer, in accordance with California Vehicle Code Section 22507.

(Ord. No. 25-1013, § II, 12-15-25)

A. In a manner that is consistent with the provisions of this section, the city manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits for any resident of the city authorizing the temporary parking of recreational vehicles on a public street.

B. No permit authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the city.

C. Application. Any city resident seeking a permit for the temporary parking of a recreational vehicle on a public street shall submit a completed application, on a city-approved form, to the city manager (or designee thereof). Said application shall be accompanied by a fee as set by council resolution, and shall contain, at a minimum, the following:

1. The name and address of the city resident requesting the permit;

2. Proof of residency in a manner approved by the city manager (or designee thereof);

3. The make and model of the recreational vehicle to be temporarily parked on a public street or highway, along with the Vehicle Identification Number and/or license plate number;

4. Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or highway, or, alternatively, a statement under penalty of perjury that the owner of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the city manager (or designee thereof);

5. A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, or other accommodation purposes while parked on the public street;

6. The signature of the resident/applicant; and,

7. Such other information as the city manager (or designee thereof) deems necessary for the administration and enforcement of this chapter as specified on the application form required by this section.

D. Quantity. No more than ten short-term RV permits and two long-term RV permits authorizing the temporary parking of a recreational vehicle on a public street shall be issued relating to any one address in any one calendar year.

E. Duration. No permit issued pursuant to this section for the temporary parking of a recreational vehicle on a public street shall be valid for a period exceeding the following period of time:

1. Short-term RV permit. A short-term RV permit shall be valid for a period of 72 consecutive hours.

2. Long-term RV permit. A long-term RV permit shall be valid for a period of seven consecutive calendar days.

F. Frequency.

1. No more than one permit of any duration shall be issued and valid at any time for the same address.

2. No permit issued pursuant to this section for the temporary parking of a recreational vehicle on a public street shall be valid for any period of time within 24 hours of the expiration of another permit for the same address.

G. Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this section unless it is located on either side of the street of the same block as the resident's address. Issuance of a permit shall not guarantee a parking space, and parking spaces shall be on a first come, first served basis.

1. Dangerous traffic safety condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:

a. Is within 50 feet of any intersection, or greater distance as determined by the city engineer;

b. Is within five feet of the curb cut of any driveway, or greater distance as determined by the city engineer;

c. Blocks or hinders a traffic lane;

d. Blocks or interferes with critical sight lines for driveways, alleyways, or streets;

e. Blocks or hinders the visibility of a traffic control device; or

f. Any location, inclusive of the above, where the city engineer has caused signage to be installed prohibiting the parking of oversized vehicle or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

2. Where strict adherence to subsection 8.38.030.G results in a violation of subsection 8.38.030.G.1, the city manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.

H. Camping or Lodging Prohibited. Recreational vehicles parked on public streets shall not be used for sleeping, cooking, camping, or other residential purposes.

(Ord. No. 25-1013, § II, 12-15-25)

A. In a manner that is consistent with the provisions of this section, the city manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits authorizing the temporary parking of recreational vehicles on a public street to any resident of the city who possesses a distinguishing disabled placard or license plate property issued pursuant to the California Vehicle Code.

B. No permit issued pursuant to this section authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the city.

C. Application. Any city resident seeking a permit for the temporary parking of a recreational vehicle on a public street shall submit a completed application, on a city-approved form, to the city manager (or designee thereof). Said application shall be accompanied by a fee as set by council resolution, and shall contain, at a minimum, the following:

1. The name and address of the city resident requesting the permit;

2. Proof of residency in a manner approved by the city manager (or designee thereof);

3. The make and model of the recreational vehicle to be temporarily parked on a public street, along with the Vehicle Identification Number and/or license plate number;

4. Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or, alternatively, a statement under penalty of perjury that the owner of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the city manager (or designee thereof);

5. Proof of a valid disabled license plate issued for the recreational vehicle or a disabled placard properly issued pursuant to the California Vehicle Code;

6. Proof in a manner approved by the city manager (or designee thereof) that the proposed parking location is necessary to provide access to a specific fixed residential address sited with a lawful dwelling unit at which the person resides or to a specific facility or facilities at which the person is employed or receives services;

7. Proof in a manner approved by the city manager (or designee thereof) that by reason of the disability which warranted issuance of the California distinguishing placard or license plate, the recreational vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the city's on-street parking regulations is warranted under state and federal law.

8. A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, or other accommodation purposes while parked on the public street;

9. The signature of the resident/applicant; and,

10. Such other information as the city manager (or designee thereof) deems necessary for the administration and enforcement of this chapter as specified on the application form required by this section.

D. Duration. A parking permit issued under the provisions of this section shall be valid so long as the person remains disabled, but for no longer than 12 months.

E. Renewal. Any person seeking to renew a permit issued pursuant to the provisions of this section shall submit to the city manager (or designee thereof) a new application with all information set forth under subsection 8.38.040.C, accompanied by a fee as set by council resolution, at least 30 calendar days prior to expiration.

F. Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this section unless it is located on either side of the street of the same block as the resident's address. Issuance of a permit shall not guarantee a parking space, and parking spaces shall be on a first come, first served basis.

1. Dangerous Traffic Safety Condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:

a. Is within 50 feet of an intersection, or greater distance as determined by the city engineer;

b. Is within five feet of the curb cut of any driveway, or greater distance as determined by the city engineer;

c. Blocks or hinders a traffic lane;

d. Blocks or interferes with critical sight lines for driveways, alleyways, or streets;

e. Blocks or hinders the visibility of a traffic control device; or

f. Any location, inclusive of the above, where the city engineer has caused signage to be installed prohibiting the parking of oversized vehicle or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

2. Where strict adherence to subsection 8.38.040.F results in a violation of subsection 8.38.040.F.1, the city manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.

G. Accessible Parking Designation. Any person seeking approval of and/or utilizing a designated on-street parking space for physically disabled persons shall adhere to the requirements and prohibitions of Chapter 10.60 of this Code.

H. Camping or Lodging Prohibited. Recreational vehicles parking on public streets shall not be used for sleeping, cooking, camping, or other residential purposes.

(Ord. No. 25-1013, § II, 12-15-25)

The city manager (or designee thereof) shall have the authority to promulgate rules, regulations, policies, and procedures regulating the issuance, use, suspension, and/or revocation of recreational vehicle permits in a manner that is consistent with the purpose of this chapter and other applicable laws - including the imposition of conditions upon any permit issued pursuant to the provisions of this chapter.

(Ord. No. 25-1013, § II, 12-15-25)

A. Nothing in this chapter, nor any permit or authorization issued pursuant to this chapter, shall authorize any oversized vehicle or unattached trailer to be parked, stopped, or left standing in violation of any provision of the California Vehicle Code or any other provision of the Montclair Municipal Code. Nor shall any provision of this chapter limit or preclude the enforcement of any other applicable law.

B. If a vehicle is classified as both an oversized vehicle and a commercial motor vehicle (as each of these terms are defined in section 8.02.010 of this Code), the more restrictive regulation set forth in this Code pertaining to the stopping, standing, or parking of said vehicle shall apply.

(Ord. No. 25-1013, § II, 12-15-25)

A. It shall be unlawful for any person to park, stop, or leave standing any oversized vehicle or unattached trailer in violation of the provisions of this chapter or any condition imposed upon any recreational vehicle permit.

B. It shall be unlawful for any person to transfer, sell, rent, or lease any permit issued pursuant to this chapter or to allow any such permit to be used by any person other than a guest of that person, either with or without consideration, except as authorized by this chapter or any applicable rule, regulation, policy, procedure, or condition of a permit.

C. It shall be unlawful for any person to borrow, buy, or otherwise acquire a permit issued pursuant to this chapter, or to use or display any such permit, except as authorized by this chapter or any applicable rule, regulation, policy, procedure, or condition of a permit.

D. Notwithstanding section 1.12.010 of this Code, a violation of this chapter is subject to a civil penalty in accordance with California Vehicle Code Section 40200, except as follows:

1. Any violation of section 8.38.070.B or of section 8.38.070.C shall constitute a misdemeanor offense and shall be punishable in accordance with section 1.12.010 of this Code.

(Ord. No. 25-1013, § II, 12-15-25)