Moreno Valley Municipal Code Ch. 12.44 Parking Restrictions on Vehicles Displaying for Sale Signs While Parked…

The city council of the city of Moreno Valley finds as follows:

A. Persons and businesses are using city streets as de facto used car lots to sell used vehicles.

B. The act of selling a car on public streets invites prospective buyers into the roadway to examine the vehicle. It is well known that prospective buyers examine the condition of vehicles for sale and look for evidence of damage or repairs. When done in the public roadway, this poses an obvious risk to public and traffic safety that the city wishes to avoid. These risks are most severe on and near streets and roadways that are heavily trafficked or on which vehicles move at a high rate of speed.

C. The parking of vehicles for sale on city streets creates a distraction for drivers and pedestrians, thereby creating a public safety hazard. Because drivers may attempt to not only read a for sale sign in or on a vehicle but also commit to memory, write down, or call a telephone number on such a sign, these signs pose a greater risk of accidents than do other types of signs that may be displayed in or on a parked vehicle.

D. The significant increase in vehicles parked for the purpose of sale has created a nuisance by decreasing the parking available for local residents and businesses.

E. The city has an important and substantial public interest in protecting public safety, reducing collisions, removing impediments to the orderly flow of traffic such as illegal and hazardous parking.

(Ord. 884 § 2, 2014)

This chapter is adopted pursuant to the authority granted to the city of Moreno Valley by Article XI, Section 7 of the Constitution of the State of California and Section 22651.9 of the California Vehicle Code, which permits the removal of vehicles, under certain conditions, for being illegally parked for purposes of advertising the vehicle for sale. Section 22852 of the California Vehicle Code requires that a hearing take place after the removal of any vehicle under Section 22651.9 of the California Vehicle Code.

(Ord. 884 § 2, 2014)

"Arterial or higher"

means any street classified from "arterial" to "freeway," inclusive by the circulation plan or circulation element of the city of Moreno Valley General Plan-Circulation Element, as from time to time amended and re-adopted.

"City"

means the city of Moreno Valley, California.

"Officer"

means and refers to any peace officer as set forth by Section 830 of the California Penal Code, or employee of the city of Moreno Valley who is engaged in directing traffic or enforcing parking laws and regulations.

"Park" or "parking"

means and refers to the standing of a vehicle as set forth by Section 463 of the California Vehicle Code.

"Street" or "roadway"

means any street, road, alley or highway accepted into the city maintained system.

"Vehicle"

means and refers to any device as set forth by Section 670 of the California Vehicle Code, which is defined as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks."

(Ord. 884 § 2, 2014)

A. It is unlawful for any person to park any vehicle on any street that is designated as an arterial or higher by the city of Moreno Valley General Plan-Circulation Element, as from time to time amended and re-adopted, and/or any streets that have posted speed limits of 35 mph or greater, as shown in the table below, when it appears because of a sign or placard on the vehicle that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.

B. It is unlawful for any person to park any vehicle on any street intersecting with or entering into a street that is designated as an arterial or higher by the city of Moreno Valley General Plan-Circulation Element, as from time to time amended and re-adopted, and/or any streets that have posted speed limits of 35 mph or greater, within 100 feet of any such intersection or entry when it appears because of a sign or placard on the vehicle that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.

C. A person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted.

(Ord. 884 § 2, 2014)

Any vehicle found to be in violation of this chapter shall be issued a notice of parking violation. Pursuant to Section 22651.9 of the California Vehicle Code, any officer may issue the notice of parking violation and is hereby authorized to remove the vehicle when it is found upon any prohibited street if all of the following requirements are satisfied:

A. Because of a 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; and

B. Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation pursuant to Section 12.44.040, which was accompanied by a notice containing all of the following:

1. A warning that an additional parking violation may result in the impoundment of the vehicle,

2. A warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle, and

3. A listing of the streets and portions of streets that are subject to Section 12.44.040; and

C. The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle;

D. A notice of parking violation shall be posted directly on the vehicle and may take any of the following forms:

1. A letter or written notice,

2. An administrative citation, or

3. A parking citation.

(Ord. 884 § 2, 2014)

A post-storage hearing pursuant to Section 22852 of the California Vehicle Code applies with respect to the removal of any vehicle pursuant to this section and is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized member of a public agency directs the storage of a vehicle, the city shall provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends and holidays, as specifically provided for under California Vehicle Code Section 22852. The notice shall include the name, address and telephone number of the agency providing the notice; the location of the place of storage; a description of the vehicle (including the make, model, license number and mileage if possible); the authority and purpose for the removal of the vehicle; and a statement that in order to receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice, excluding weekends and holidays. The notice must also state that failure of the registered or legal owner(s) to request or attend a post-storage hearing shall satisfy the post-storage hearing requirement. The city may authorize its own officer or employee or contracted employee to conduct the hearing within 48 hours of such hearing request, excluding weekends and holidays, as long as the hearing officer is not the same person who directed the storage of the vehicle.

(Ord. 884 § 2, 2014)