Moraga Municipal Code Ch. 10.10 Parking of Commercial and Oversize Vehicles

The purpose of this chapter is to regulate the parking of commercial vehicles and oversize vehicles in residential districts. The town finds that the parking of commercial and oversize vehicles on public streets in residential neighborhoods can, unless controlled, provide neighborhood blight and deterioration, impair visibility for vehicular and other traffic, constitute a nuisance, and be injurious to public safety, and general welfare.

(Ord. No. 272, § 3, 10-11-2017)

The definitions in this section shall apply to this chapter, unless the context otherwise requires:

"Commercial vehicle" means a vehicle required to be registered under Section 260 of the California Vehicle Code that is used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property. Pickup trucks and small utility vehicles are not commercial vehicles under this chapter unless they have been converted to stake-side trucks and used exclusively for hauling. Commercial vehicles include, without limitation, dump trucks, flatbed or stake-side trucks, semi-truck tractors, moving vans, delivery trucks, earth-moving equipment, tow trucks, tractors, equipment trailers and carriers, poles and pipe dollies.

"Oversize vehicle" means a vehicle, trailer, or a vehicle and trailer combination which has a manufacturer's gross weight rating of ten thousand (10,000) pounds or more or the dimensions of which exceed twenty-two (22) feet in length or seven feet in height.

"Residential district" means a single- or multi-family residential district zoned R-R, 1-DUA, 2-DUA, 3-DUA, or 6-DUA, and Planned Development Districts of similar residential densities.

(Ord. No. 272, § 3, 10-11-2017; Ord. No. 309, § 6, 5-10-2023)

Except as provided in Section 10.10.040, no person shall park or leave standing a commercial vehicle or oversize vehicle upon any public street within a residential district in the town at any time.

(Ord. No. 272, § 3, 10-11-2017)

This chapter does not apply to a commercial vehicle or oversize vehicle, or trailer component thereof: (1) making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on a public street in a residential district; (2) used as a wheelchair van, as defined in Section 51231.2 of the California Code of Regulations; (3) delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a public street in a residential district for which a current building permit exists; (4) that is included in the classes of vehicles identified in Section 10.04.040 as exempt; or (5) that has been issued an oversize vehicle parking permit pursuant to Section 10.10.050.

(Ord. No. 272, § 3, 10-11-2017)

An oversize vehicle or commercial vehicle may be parked on a public street in a residential district if the town issues an oversize vehicle parking permit pursuant to the following:

A. Purpose. The purpose of authorizing the issuance of oversize vehicle parking permits is to provide owners and users of oversize and commercial vehicles an opportunity, for a limited time, to park their vehicles on a public street in a residential district.

B. Requirements for Oversize Vehicle Parking Permits. Any person may obtain an oversize vehicle parking permit to park a designated oversize or commercial vehicle on a public street in a residential district, for a limited period of time, as described in subsection (D) of this section.

C. Issuance of Permits. The chief of police, or her/his designee, shall issue oversized vehicle parking permits, pursuant to the following:

1. Each person desiring an oversize vehicle parking permit shall file with the chief of police or her/his designee a completed town application form containing the following:

a. The name, address, phone number, and local contact of the applicant and registered owner of the designated oversize or commercial vehicle;

b. The license number, proof of current registration, make and model of the designated oversize or commercial vehicle;

c. The dates for which the permit is requested pursuant to subsection (D) of this section;

d. The dates and duration of any and all oversize vehicle parking permits issued for the vehicle within the immediately preceding ninety-day period;

e. The reason for the requested oversized vehicle parking permit;

f. Additional information the chief of police or her/his designee may require; and

g. The applicant's signature under penalty of perjury.

2. Applications shall be reviewed by the chief of police or her/his designee and may be approved upon a showing of good cause. Oversize vehicle parking permits issued by the chief of police or her/his designee shall include the license plate number of the designated oversize vehicle, the date of issuance and the date of expiration.

3. All permits shall be placed at the lower driver's side of the windshield of the oversize vehicle to which it is issued so that it is clearly visible from the exterior of the oversize or commercial vehicle. Should the oversize vehicle not have a windshield, the permit shall be affixed on the front of the oversize vehicle. The oversize vehicle shall not be covered in any manner that would obstruct the view of the permit and the license plate.

D. Permit Duration and Renewal. An oversize vehicle parking permit shall be valid for a period not to exceed three consecutive days (seventy-two (72) hours). Upon expiration of an oversize vehicle parking permit issued under this section, the applicant may apply for and be granted additional oversize vehicle parking permits, if approved by the chief of police or her/his designee as set forth herein. In no event shall any designated oversize vehicle be issued more than three (oversize vehicle parking permits) within any ninety-day calendar period.

(Ord. No. 272, § 3, 10-11-2017)

A. Violation of any provision of this section is an infraction. Violations of this chapter may also be enforced by any manner set forth in this Code, including without limitation, issuance of an administrative citation.

B. In addition, any member of the police department authorized by the police chief or her/his designee may remove a vehicle in violation of this chapter in the manner and subject to the requirements of the California Vehicle Code.

(Ord. No. 272, § 3, 10-11-2017)