Chapter 10.28 — STOPPING, STANDING AND PARKING GENERALLY

A.

The provisions of this title prohibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those times herein specified, 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 title 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 State Vehicle Code, or the regulations of this City, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

(Prior traffic code § 150)

No person shall stop, stand or park a vehicle within any parkway.

(Prior traffic code § 151)

A.

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

B.

In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy- two (72) hours, any officer of the Police Department or any regularly employed and salaried civilian employee of the City who is engaged in the direction of traffic or enforcement of parking regulations when designated by the Chief of Police, may remove said vehicle from the street in the manner and subject to the requirements of Sections 22850 and 22856 inclusive of the Vehicle Code of the state of California.

(Prior traffic code § 152)

A.

Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon on any one-way street unless signs are in place prohibiting such stopping or standing.

B.

In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking.

C.

The Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left- hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of

any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.

D.

Whenever the Traffic Engineer has caused lines or markings painted or otherwise designated upon the parkway, curb, sidewalk, roadway, driveway or street in such a manner as to identify by said markings individual parking spaces, it is unlawful to park or leave standing any vehicle across any such line or marking or in any position other than within the parking area so designated by said markings.

(Prior traffic code § 154)

A.

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

B.

When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle at other than the angle to the curb or edge of the roadway indicated by such signs or markings.

(Prior traffic code § 155)

No person shall back any vehicle to the curb for the purpose of loading or unloading merchandise or materials, except under authority of a permit regularly issued as in this section provided. The Traffic Engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle, and shall grant to such person the privilege as therein stated and authorized herein, and it is unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

(Prior traffic code § 156)

A.

The Traffic Engineer is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his or her opinion, 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.

(Prior traffic code § 157)

A.

The Traffic Engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon the side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet.

B.

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

(Prior traffic code § 158)

The Traffic Engineer may appropriately sign or mark the following places and when so signed or marked, no person shall stop, stand or park a vehicle in any of said places:

A.

At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone;

B.

At any place within twenty (20) feet of an intersection in the central traffic district or in any business district except that a bus may stop at a designated bus stop;

C.

Within twenty (20) feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device;

D.

At any place where the Traffic Engineer determines that it is necessary in order to eliminate unusual traffic hazard.

(Prior traffic code § 159)

A.

Whenever the Traffic Engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the Traffic Engineer shall have 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 Traffic 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 Traffic 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.

(Prior traffic code § 160)

Every motor truck having an unladen weight of four thousand (4,000) pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Section 618 of the Vehicle Code shall be equipped with and carry at least two flares or two red lanterns or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol.

When any vehicle above mentioned, or any trailer or semi-trailer is disabled upon streets or highways outside of any business or residence district within this city, and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet during any time mentioned in Section 618 of the Vehicle Code, a warning signal of the character indicated above shall be immediately placed at a distance of approximately one hundred (100) feet in advance of, and one hundred (100) feet to the rear of, such disabled vehicle, by the driver thereof. The warning signals herein mentioned shall be displayed continuously during the times mentioned in said Section 618 while such vehicle remains disabled upon such street or highway.

(Prior traffic code § 161)

No person shall park any truck, tractor, trailer, or other commercial vehicle of any kind whatsoever having a gross vehicle weight rating (GVWR) exceeding ten thousand (10,000) pounds on any public street or portion of street in a residential district.

A.

The provisions of this section shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately or publicly owned, used in the construction, operation, removal, or repair of the utility or public utility property or facilities upon, in, over, under, or adjacent to such restricted streets, whether privately, municipally, or publicly owned, if warning devices are displayed and when the vehicle is engaged in authorized work on such restricted streets.

B.

The provisions of this section shall not apply to the driver or owner of any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted streets or highways, or to the driver or owner of any commercial vehicle used for the purpose of delivering materials in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets or highways for which a building permit or re-roofing registration has been obtained, if such building permit or re-roofing registration is required.

C.

For the purpose of this chapter, "gross vehicle weight rating" or "GVWR" and "residential district" are defined in the State of California Vehicle Code, Sections 235, 240, 350(a), and 515, as such sections shall be amended.

(Ord. 12404, 2002: Ord. 12038 § 1, 1998: prior traffic code § 162)

thousand pounds.

A.

Official signs prohibiting or otherwise restricting parking of any truck, tractor, trailer, or other commercial vehicle of any kind whatsoever having a curb weight more than seven thousand (7,000) pounds but not more than ten thousand (10,000) pounds may be erected on any public street or portion of street when the City Traffic Engineer, and his or her successor in title, has determined that the parking of such vehicles is creating a nuisance, blight, or hazard.

B.

When such signs are erected upon any public street or portion of street in a residential area, no person shall park, at any restricted time, such vehicles on such restricted streets.

C.

The provisions of this section shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately, or publicly owned, used in the construction, operation, removal, or repair of the utility or public utility property or facilities upon, in, over, under, or adjacent to such restricted streets, whether privately, municipally, or publicly owned, if warning devices are displayed and when the vehicle is engaged in authorized work on such restricted streets.

D.

The provisions of this section shall not apply to the driver or owner of any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted streets or highways, or to the driver of owner of any commercial vehicle used for the purpose of delivering materials in the actual and bona fide repair, alteration, remodeling or construction of

any building or structure upon such restricted streets or highways for which a building permit or re-roofing registration is required.

E.

For the purposes of this section, "curb weight" is defined as the manufacturer's gross vehicle weight rating less the payload weight carrying capacity.

(Ord. 12038 § 2, 1998: Ord. 11792-A § 1, 1995: prior traffic code § 166)

No person shall park any truck, tractor, trailer, or other commercial vehicle of any kind whatsoever, whose weight carrying capacity is one ton or more, for a period exceeding five hours, on any public street in any area of the city which, by resolution, the City Council has designated as one to which such time limitation is applicable, and one which has been posted with signs giving notice to such parking limitation, except:

A.

While loading or unloading property and time in addition to such five-hour period is necessary to complete such work; or

B.

When parked in connection with, and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked and time in addition to such five-hour period is reasonably necessary to complete such service.

(Prior traffic code § 162.1)

No person shall park any truck, tractor, trailer, or other commercial vehicle of any kind whatsoever exceeding twenty-two (22) feet in length on any public street or portion of street in a district defined herein. Parking is restricted on all streets included in a district, including streets defined as borders.

A.

Area bordered by I-880 between Mandela Parkway and I-580, I-580 between I-880 and I-980, I-980 between I-580 and 7th Street, 7th Street between I-980 and Broadway, Broadway between 7th Street and Embarcadero West, Embarcadero West between Broadway and Adeline Street, Adeline Street between Middle Harbor Road and 3rd Street, and 3rd Street between Adeline Street and Mandela Parkway.

Within a district, the City Traffic Engineer is authorized to erect signs on streets allowing commercial vehicles exceeding twenty-two (22) feet to park. Where signs are posted, commercial vehicles exceeding twenty-two (22) feet may park for up to seventy-two (72) hours.

(Ord. No. 13686 , § 1, 4-19-2022)

No person shall leave a motor vehicle, except a commercial vehicle, unattended on any street, alley, used car lot, or unattended parking lot without first stopping the engine, locking the ignition and removing the ignition key therefrom. Provided, however, that any violation of these provisions shall not mitigate the offense of stealing such motor vehicle nor shall such violation be used to effect a recovery in any civil action for theft of such motor vehicle, or the insurance thereon, or have any other bearing on an civil action.

(Prior traffic code § 163)

No person shall park an unattached trailer, semitrailer, or any other trailer used for commercial purposes on any street, except:

A.

Under permission from the City Traffic Engineer.

B.

While loading or unloading property.

(Ord. No. 13686 , § 2, 4-19-2022; Prior traffic code § 164)

A.

The City Traffic Engineer is authorized to place signs indicating no parking of vehicles which are six feet or more in height (including any load thereon) within one hundred (100) feet of any intersection upon any street when the City Traffic Engineer has determined that the parking of tall vehicles is creating a hazard.

B.

When official signs prohibiting tall vehicle parking are erected upon any street as authorized herein, no person shall park a vehicle which is six feet or more in height (including any load thereon) within one hundred (100) feet of any intersection in violation of any such sign.

C.

The provisions of this section shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately, municipally, or publicly owned, used in the construction, operation, removal, or repair of utility or public utility property or facilities, if warning devices are displayed and when the vehicle is stopped, standing, or parked at the site of work involving the construction, operation, removal, or repair of the utility or public utility property or facilities upon, in, over, under, or adjacent to a street, whether privately, municipally, or publicly owned, if warning devices are displayed and when the vehicle is engaged in authorized work on the street.

(Prior traffic code § 165)

When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of eight a.m. and six p.m. of any day, except holidays, for a period of time longer than one hour on any street or any part of any street so indicated.

(Prior traffic code § 180)

When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of eight a.m. and six p.m. of any day, except holidays, for a period of time longer than two hours on any street or any part of any street so indicated.

(Ord. 12339 § 1 (part), 2001; prior traffic code § 181)

When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle for a period of time longer than two (2) hours between the hours indicated by said appropriate signs on any day, except holidays, on any street or any part of any street so indicated.

(Prior traffic code § 181.1)

When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle for a period of time longer than three hours between the hours indicated by said appropriate signs on any day, except holidays, on any street or any part of any street so indicated.

(Ord. No. 12973, § 1, 10-6-2009)

When heretofore or hereafter provided by resolution and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of eight (8:00) a.m. and six (6:00) p.m. of any day, except holidays, for a period of time longer than four (4) hours on any street or part of any street so indicated.

(Prior traffic code § 181.7)

When provided by resolution, and appropriate signs are in place and visible giving notice thereof, no person shall stop, stand or park any vehicle between the hours indicated in said resolution for a period of time exceeding that set forth in said resolution on any municipal parking lot or area, or part thereof, as so designated in said resolution; provided that notwithstanding any other provision of this title the Council may

by resolution provide for the issuance of special parking permits to authorize parking upon any municipal parking lot or area for the period of time and subject to the conditions specified therefor, and the fee to be charged for said permit.

(Prior traffic code § 181.2)

In any prosecution charging a violation of Section 10.28.220, the procedure set forth in Section 10.36.110 shall apply as if set forth in full herein, said Section 10.36.110 being incorporated in full herein by reference thereto.

(Prior traffic code § 181.3)

When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours indicated of any day, except holidays, on any street or any part of any street so indicated.

(Prior traffic code § 182)

When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall park any vehicle at any time on any street or part of any street so indicated.

(Prior traffic code § 183)

No person shall park any vehicle between the hours of three (3:00) a.m. and six (6:00) a.m. of any day on any street or part of any street hereafter designated by resolution of the Oakland City Council and by appropriate signs giving notice thereof.

(Prior traffic code § 183.1)

installation of underground utilities.

A.

Whenever the Traffic Engineer or his or her authorized representative finds and determines that the parking or standing of vehicles upon a street or highway would prohibit or interfere with the repair, or construction of a highway or street or interfere with the installation of underground utilities, he or she is authorized to erect, install or place signs, or have signs erected, installed or placed, on such street, highway or portion, in the manner required and subject to the requirements of the Vehicle Code of California, giving notice that the parking or standing of vehicles upon said street, highway or portion is forbidden, and to keep such signs thereon, temporarily or permanently, until such cleaning, repair, construction or installation is completed or discontinued.

B.

Upon and after the erection or placing of signs prohibiting parking thereon, and until said signs are removed, no person who owns or has possession, custody or control of any vehicle shall park such vehicle, or leave such vehicle standing upon the street or highway or portion thereof on which said signs are erected or placed.

C.

Upon and after the expiration of seventy-two (72) hours from the time signs prohibiting parking shall have been erected or placed on said street, highway or portion thereof, any peace officer, as defined in Chapter

A.

No person shall park any vehicle in or on a traffic island or median divider, except as otherwise posted. Any person violating the provisions of this Section shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine as set forth in the Master Fee Schedule.

B.

Notwithstanding other provisions of this title to the contrary and for the purpose of this Section only, "holidays" is defined as the following days: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the day after Thanksgiving, and Christmas Day.

(Ord. No. 13769, § 2, 12-5-2023; Ord. No. 13769, § 2, 12-5-2023; Ord. 12755 § 1, 2006)

Editor's note— Ord. No. 13769, § 2, adopted Dec. 5, 2023, amended the title of § 10.28.280 to read as herein set out. The former § 10.28.280 title pertained to parking prohibited for street sweeping.