Article IV — PARKING

DIVISION 1. IN GENERAL

SEC. 8-35. DEFINITIONS.

For purposes of this article, “vehicle,” “commercial vehicle” and “manufacturer's gross vehicle weight rating” shall have the meanings ascribed to such words and terms in the Cal. Vehicle Code.

(`64 Code, Sec. 18-60)

SEC. 8-36. PUBLIC VEHICLES.

The provisions of this article regulating the parking or standing of vehicles shall not apply to any vehicle belonging to the city or a public utility while being used for construction or repair work, or any vehicle owned by the United States while being used for the collection, transportation or delivery of United States mail.

(`64 Code, Sec. 18-61) (Ord. No. 2448)

SEC. 8-37. DURATION OF PARKING.

(A) No person shall park a vehicle on any street, alley or public parking lot for a period of more than 72 consecutive hours. This section is violated if:

(1) At the end of the 72-hour period, the vehicle is parked in the same place as at the beginning of the period, and physical marking or other facts indicate that the

vehicle has not been moved; or

(2) At the end of the 72-hour period, the vehicle is parked on the street within 1,056 feet of where the vehicle was parked at the beginning of the period, unless the

owner or custodian establishes that the vehicle has been moved more than 1,056 feet; or

(3) During the period, the vehicle has not been removed from its parking place to a location off the public street or more than 1,056 feet away.

(B) If a vehicle is parked or left standing on a street, alley or public parking lot longer than the period of 72 consecutive hours, any police department employee authorized by the police chief may remove the vehicle from the street in the manner and subject to the requirements of sections 8-38 through 8-40 of this article.

(`64 Code, Sec. 18-62) (Ord. No. 2448)

SEC. 8-38. NOTICE OF TOW AWAY; REQUEST FOR HEARING.

(A) At the time of the initial marking of a vehicle, which begins the 72-hour time period for possible violation of section8-37 of this article, the police department employee shall place on the vehicle a warning notice that the vehicle is subject to tow away if not moved within 72 hours.

(B) If the vehicle is not moved within 72 hours after the warning is placed on the vehicle, any police department employee authorized by the police chief may issue a citation for violation of section 8-37 and may remove the vehicle.

(C) In compliance with the Cal. Vehicle Code, Section 22852, a police department employee shall, within 48 hours of towing, send a written notice to the vehicle's registered and legal owners or their agents, if ascertainable, informing them of the name, address and telephone number to call regarding the vehicle, a description of the vehicle (including, the name or make, the manufacturer, the license plate number and the mileage), the location of the vehicle, the towing and storage charges, the nature of the violation and purpose for removal, and a statement that, in order to receive a post-storage hearing, the owners or their agents must request a hearing in person, in writing or by telephone request, to the city manager, within ten days of the date appearing on the notice.

(`64 Code, Sec. 18-63) (Ord. No. 2448)

SEC. 8-39. HEARING.

(A) If a written, personal or telephonic request for a hearing is made to the city manager by a registered or legal owner of the vehicle, or an agent for such person, the city manager shall hold an administrative hearing within 48 hours of the date the request was received by the city manager, excluding weekends and holidays, to determine whether there was sufficient factual and legal basis for removing the vehicle and for charging towing and storage fees.

(B) At the hearing, a police department employee shall first present evidence to establish a sufficient factual and legal basis for removing and storing the vehicle. Thereafter, the person requesting the hearing may present evidence as to insufficient factual or legal basis for removing and storing the vehicle. The sole issues before the hearing officer shall be whether there was probable cause to remove and store the vehicle and the proper amount of storage and towing charges.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(D) If the hearing officer determines that there was no probable cause for removal, a police department employee shall forthwith cause the garage having custody of the vehicle to release the vehicle to its registered or legal owner or agent without any charge to the owner or agent.

(`64 Code, Sec. 18-64) (Ord. No. 2448)

SEC. 8-40. GARAGE KEEPER'S LIEN.

Whenever a vehicle has been removed to a garage under the provisions of this article and there has been no hearing requested within the ten-day period, or the requesting party fails to appear at the scheduled hearing, or there was a hearing and a determination of probable cause, the keeper of the garage shall have a lien dependent on possession for his/her compensation for towing and for storage for and keeping safe the vehicle, as set out in the Cal. Vehicle Code, Section 22851.

(`64 Code, Sec. 18-65) (Ord. No. 2448)

SEC. 8-41. PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS.

(A) No person shall park a commercial vehicle having a manufacturer's gross vehicle weight rating of 10,000 pounds or more on any street in any residential district, which is defined for the purpose of this section as all areas within the city zoned for single-family or multiple-family residential use and the entire portion of any street or highway adjacent to any property zoned for single-family or multiple-family residential use.

(B) Subsection (A) shall not apply to the parking of such commercial vehicles in such residential areas while making pickups or deliveries of goods, wares and merchandise from or to any building or structure located in such residential areas or while delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure located in such residential areas for which a building permit has previously been obtained from the city.

(`64 Code, Sec. 18-66) (Ord. No. 2448)

SEC. 8-41.1. PARKING OVERSIZED VEHICLES IN RESIDENTIAL AREAS.

(A) Definitions. The following definitions shall apply to section 8-41.1:

(1) “Oversized vehicle” means any motor vehicle, as defined by the Cal. Vehicle Code, Section 670:

(a) That exceeds 96 inches in height, exclusive of such projecting devices as are expressly allowed pursuant to the Cal. Vehicle Code, and exceeds 240 inches

in length; or

(b) That is attached to a trailer, as defined by the Cal. Vehicle Code, Section 630, regardless of the combined height and length of the motor vehicle and attached

trailer.

(2) "Public street" means any roadway that is owned or maintained by the city and open for motor vehicle traffic.

(3) "Residential zone" means those areas, including public streets, designated as R-1, R-2, R-3, R-4, or MH-PD on the city's zoning maps.

(B) Parking of oversized vehicles prohibited. Except as otherwise provided in this section, no person shall park or leave standing any oversized vehicle on any public street in a residential zone.

(C) Exemptions.

(1) The provisions of subsection (B) shall not apply during a 24-hour period of time used for loading the oversized vehicle immediately prior to using the oversized

vehicle for a vacation outside the city, during a 24-hour period of time used for unloading the oversized vehicle immediately after using the oversized vehicle for a vacation outside the city, or during the time period reasonably necessary for making a delivery to a residence.

(2) If a contractor uses an oversized vehicle and the contractor is performing contract services at a residence, the contractor may park the oversized vehicle on the

public street where the residence is located while such services are being performed.

(3) The following vehicles shall not be subject to the restrictions established pursuant to subsections (A) and (B):

(a) Motor vehicles exempted by section 8-36 of this Code; or

(b) A motor vehicle displaying a special identification license plate issued under Cal. Vehicle Code Section 5007 or a distinguishing placard issued under Cal. Vehicle Code Sections 22511.55 or 22511.59 (Disabled Placards).

(D) Posting. Signs giving reasonable notice of the prohibitions contained in this section will be erected within the city as required by the Cal. Vehicle Code.

(Ord. No. 2693, 2715, 2730)

SEC. 8-42. PARKING FOR WASHING OR REPAIR.

(A) No person shall park a vehicle on any street for the principal purpose of washing, greasing or repairing the vehicle, except for repairs necessitated by an emergency.

(B) Except in an emergency, no person shall park a vehicle on any street when the vehicle cannot be operated.

(`64 Code, Sec. 18-67) (Ord. No. 2448)

SEC. 8-43. REMOVING CHALK MARK.

Before driving away from the place where a vehicle is parked, no person shall remove or tamper with a chalk mark placed on the tire of the vehicle by a police department employee.

(`64 Code, Sec. 18-68) (Ord. No. 2485)

SEC. 8-44. PARKING NON-MOTORIZED VEHICLES.

(A) No person shall park or leave standing on any street, alley or public property a non-motorized vehicle that is detached from a motor vehicle.

(B) A non-motorized vehicle is detached from a motor vehicle if the hitch, coupling device, connections, brakes, light connections, safety chains, or other devices required by law for the safe and legal operation of the non-motorized vehicle on a public highway are not connected to a motor vehicle.

(C) This section shall not apply to:

(1) A non-motorized vehicle with a commercial license registration while the non-motorized vehicle is being loaded with or unloaded of any goods, wares or

merchandise from property adjacent to the non-motorized vehicle;

(2) A non-motorized vehicle required for any lawfully authorized construction, maintenance or repair to property adjacent to the non-motorized vehicle for no more

than time reasonably required for the use of the non-motorized vehicle in carrying out the construction, maintenance or repair; and

(3) A non-motorized vehicle used solely for recreational purposes while the non-motorized vehicle is being loaded or unloaded or otherwise prepared for its

intended recreational use. In no event shall such a non-motorized vehicle be parked on a street, alley or public property for a period in excess of 24 hours.

(`64 Code, Sec. 18-69) (Ord. No. 2448, 2487)

SEC. 8-45. LEAVING IGNITION KEY IN UNATTENDED VEHICLE.

(A) No person driving or in charge of a motor vehicle, except a commercial vehicle, shall permit the vehicle to stand unattended in any public place, used or new vehicle lot, or parking lot without first stopping the engine, locking the ignition and removing the ignition key from the vehicle.

(B) Whenever any police officer finds a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, the police officer is authorized to remove the key from the vehicle and deliver the key to the police officer in charge of the nearest police station.

(`64 Code, Sec. 18-70) (Ord. No. 2448)

SEC. 8-46. PARKING WITHOUT PERMISSION OF THE PROPERTY OWNER.

No person shall park or stand a vehicle on private property or on publicly owned property without the permission, express or implied, of the owner or person in lawful possession of such property, or in a different manner or a longer time than that for which permission was given.

(`64 Code, Sec. 18-71) (Ord. No. 2448)

SEC. 8-47. VENDING FROM VEHICLES AND HUMAN POWERED DEVICES.

(A) Definitions - For the purposes of this section, the following words shall have the following meanings.

(1) GOODS OR MERCHANDISE - Items and products of every kind and description, including all food, produce, and beverage items.

(2) HUMAN POWERED DEVICE - Any device moved by human power, including, but not limited to, a pushcart, wagon, bicycle, tricycle, pedal-driver cart, other

non-motorized conveyance, or other wheeled container or mechanism, or from one's person.

(3) ROAMING SIDEWALK VENDOR - A sidewalk vendor who moves from place to place and stops only to complete a transaction.

(4) SIDEWALK VENDOR - A person who vends goods or merchandise upon a public sidewalk from a structure, stand, display, showcase, rack, or human powered

device.

(5) SPECIAL EVENT - A city permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.

(6) STATIONARY SIDEWALK VENDOR - A street vendor who vends from a fixed location with a valid encroachment permit.

(7) STREET VENDOR - A person who drives a vehicle for the purposes of vending on a public street.

(8) VEND OR VENDING - Any act of hawking, operating noise-making devices to attract attention to the vendor, or the displaying, selling, or offering for sale of any

displayed goods or merchandise to the public from any carrying device, box, bag, stand, or human powered device.

(B) Street vending - Except as provided in this section, no person shall park any vehicle from which merchandise, food, or other items are sold or displayed ,or offered for sale, barter, or exchange, on any portion of any street, alley, sidewalk, or public property within the city.

(1) No person shall park such vehicle within or from the following locations:

(a) The public right-of-way on C Street, Channel Islands Boulevard, Camino Del Sol, Del Norte Boulevard, Fifth Street, Gonzales Road, Harbor Boulevard,

Hueneme Road, Oxnard Boulevard, Pleasant Valley Road, Rice Avenue, Rose Avenue, Saviers Road, Ventura Road, Victoria Avenue, Vineyard Avenue, or Wooley Road; or

(b) The public right-of-way within 100 feet of any intersection, or within 50 feet of any driveway or of another such vehicle parked on the public right-of-way.

(2) Every person operating such vehicles shall have in his or her possession a valid business tax certificate issued by the city.

(3) No person shall park any such vehicle within 900 feet of any school or daycare center between 7:00 a.m. and 4:00 p.m., on the days school is in session.

(4) In residential areas, as shown on a map on file with the license collector, no person shall park any such vehicle or container on any day before 9:00 a.m. or sunrise, whichever is later, or after 7:00 p.m. or sunset, whichever is earlier.

(5) When parked, the person operating such vehicle or container shall:

(a) Stop playing music, ringing bells, or making other noise that advertises such person's presence or wares; and

(b) Provide a visible trash receptacle for use by bona fide purchasers.

(6) The provisions of this section shall not apply to:

(a) A person delivering items from a store or other fixed place of business, or distribution to a customer pursuant to an order of, or by agreement with, such

customer;

(b) A person who has obtained a temporary use permit to park such a vehicle on specific public property; or

(c) A person who has a written license agreement with the city to park such vehicle on specific public property.

(C) Sidewalk vending -

(1) In residential areas, only a sidewalk vendor with a valid vendor permit issued pursuant toChapter 11, Article 1, Division 3 of this code may vend upon the city's

public right-of-way.

(2) Every person to whom a valid business tax certificate and/or permit is issued shall:

(a) Comply with the California Retail Food Code as codified in Part 7 of Cal. Health and Safety Code, Section 113.700et seq., if vending food;

(b) Not vend from any structure, stand, display, showcase, rack, ground placed display, or human powered device which exceeds 18 square feet, or exceeds a

linear distance greater than six feet, on any one side;

(c) Not occupy space on any sidewalk or path of travel in such a way that would impede upon the required sidewalk width or path of travel requirement pursuant

to the federal Americans with Disabilities Act of 1990 or other disability access standards;

(d) Not vend within 500 feet of an area designated for a special event;

(e) Not vend upon a street median;

(f) Not vend within 100 feet of any intersection;

(g) Not vend within 500 feet of any freeway on-ramp or off-ramp as defined in the Vehicle Code;

(h) Not vend within 900 feet of the property line of any school or any daycare center between the hours of 7:00 a.m. and 4:00 p.m. on the days the school is in

session;

(i) Sidewalk vending hours’ limitations in areas zoned for nonresidential use shall be as restrictive as any limitations on hours of operation imposed on other

businesses or uses on the same street, excluding those permitted to operate 24 hours;

(j) In residential areas, roaming sidewalk vending shall be limited to the hours of 9:00 a.m. or sunrise, whichever is later, and 7:00 p.m. or sunset, whichever is

earlier;

(k) Stationary sidewalk vending is prohibited in areas that are exclusively residential; and

(l) Stationary sidewalk vendors are prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by

one or more concessionaries for that city park.

(D) Penalties -

(1) Every person vending in violation of this section is guilty of an administrative violation punishable by administrative fines established by city council resolution.

(2) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor.

(3) If a violator of this section fails to pay any fines, fees, or other assessments, the city may levy a lien on a violator's real or personal property, including the

vehicle used for vending purposes.

(Ord. 2952)

SEC. 8-48. TEMPORARY PARKING REGULATION.

(A) Whenever the police chief determines that any public or private event is likely to cause substantial traffic or congestion that can be alleviated if the parking or operation of vehicles is regulated or prohibited, he/she may order that temporary signs be posted along affected streets or alleys in public parking areas indicating the nature and duration of the regulation or prohibition.

(B) After such signs have been posted for at least 24 hours, the police chief may remove vehicles violating signs.

(C) The police chief shall remove such signs promptly after the need for them has ended.

(`64 Code, Sec. 18-73) (Ord. No. 2448)

SEC. 8-49. LOADING PERMITS REQUIRED.

The traffic engineer may issue a permit allowing a vehicle to back to a curb in order to load or unload merchandise or materials, subject to terms and conditions stated in the permit. The permit may be issued to the owner or lessee of the real property where the merchandise or materials will be loaded or unloaded or to the owner of the vehicle.

(`64 Code, Sec. 18-74) (Ord. No. 2448)

SEC. 8-50. PARKING IN ALLEYS.

No person shall stop, stand or park a vehicle in an alley for any purpose other than the loading or unloading of persons or materials.

(`64 Code, Sec. 18-75) (Ord. No. 2448)

SEC. 8-51. LOADING AND UNLOADING IN YELLOW ZONES.

Between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, no person shall stop a vehicle in a yellow zone except to load or unload passengers or freight. The loading and unloading of passengers shall not consume more than three minutes, and the loading and unloading of freight shall not consume more than 20 minutes.

(`64 Code, Sec. 18-76) (Ord. No. 2448)

SEC. 8-52. STOPPING IN WHITE ZONES.

No person shall stop, stand or park a vehicle in a white zone except to load and unload passengers or deposit mail in an adjacent mailbox. No person shall stop, stand or park a vehicle in a white zone for such purposes for more than three minutes.

(`64 Code, Sec. 18-77) (Ord. No. 2448, 2483)

SEC. 8-53. STOPPING IN GREEN ZONES.

Between 9:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, no person shall stop, stand or park a vehicle in a green zone for longer than 15 minutes.

(`64 Code, Sec. 18-78) (Ord. No. 2448, 2483)

SEC. 8-54. STOPPING IN RED ZONES.

No person shall stop, stand or park a vehicle in a red zone.

(`64 Code, Sec. 18-79) (Ord. No. 2483)

SEC. 8-55. PARKING NEAR FIRE HYDRANTS.

No person shall stop, stand or park a vehicle within ten feet of a fire hydrant except as follows:

(A) If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity; or

(B) If the vehicle is owned or operated by a fire department and is clearly marked as a fire department vehicle.

(Ord. No. 2571)

SEC. 8-56. PREFERENTIAL PARKING IN RESIDENTIAL AREAS.

(A) Definitions - For the purposes of this section, the following words shall have the following meanings.

(1) MOTOR VEHICLE - An automobile, truck, motorcycle or other self-propelled form of transportation not in excess of 10,000 pounds of gross vehicle weight.

(2) RESIDENT - A person who has at least a one-quarter interest in a parcel of real property within the residential area or a person who pays rent or other

remuneration for use of a parcel of real property as his/her residence.

(3) RESIDENTIAL AREA - The areas depicted in Exhibit A, attached to Ordinance No. 2702, and Exhibit B, attached to Ordinance No. 2723. Both exhibits are

incorporated herein by this reference.

(B) Issuance of permits -

(1) Parking permits and guest parking permits shall be issued by the Traffic Engineer or designee. Each such permit shall state the particular residential area.

Parking permits shall not be issued for any motor vehicle that has an outstanding notice of violation of parking rules and restrictions established by this code. The Traffic Engineer shall issue rules and regulations, consistent with this section, governing the manner in which residents may qualify for such a permit.

(2) A parking permit or guest parking permit may be issued for Motor Vehicles only upon application of:

(a) A resident who has a motor vehicle registered in his/her name at an address in the residential area;

(b) A resident who has a motor vehicle registered to a leasing company and leased to the resident's employer, provided the motor vehicle is for the resident's use

traveling to and from work and proof acceptable to the Traffic Engineer or designee is provided that shows the motor vehicle is registered in compliance with Cal. Vehicle Code, Section 6853;

(c) A resident for a guest parking permit, provided that a guest parking permit shall only be valid for six months; or

(d) A new resident upon proof said resident has not resided within the residential area since the resident's motor vehicle was last registered.

(3) No more than two parking permits and one guest parking permit shall be issued to a single address.

(C) Additional permits - Additional permits may be issued by the Traffic Engineer or designee upon the application of a resident for use of persons who, on a regular basis, provide health care or other related services essential to the well-being of the resident applicant. The applicant shall provide proof in the form of a statement by a licensed physician that such services are required.

(D) Prohibiting issuance of permits for out-of-state vehicles; exception for on-duty military personnel.

(1) Permits will not be issued for a motor vehicle unless such motor vehicle is registered with the State of California Department of Motor Vehicles.

(2) Notwithstanding the provisions of subsection (1) above, the Traffic Engineer or designee may issue permits to a resident for motor vehicles registered out-of- state, provided that the resident establishes that he/she is on active military duty.

(E) Posting of residential permit parking area - The Traffic Engineer shall cause appropriate signs to be erected in the residential area, indicating the times parking permits and guest parking permits are required to be displayed for parking on a public street.

(F) Display of permits - A parking permit or guest parking permit shall be displayed face up on the driver's side of the front dashboard of the motor vehicle.

(G) Permit parking exemption -

(1) A motor vehicle that displays a valid parking permit or guest parking permit as provided herein shall be permitted to stand or be parked on a public street in the

residential area for which the permit has been issued without being limited by the posted time restrictions established pursuant to this section 8-56. Said motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this section 8-56. Except as provided in subsection (2) below, all other motor vehicles parked within the residential area shall be subject to the time restrictions posted in accordance with this section, as well as the penalties provided for herein.

(2) The following motor vehicles shall not be subject to the posted time restrictions authorized by this section when parked within the residential area:

(a) Motor vehicles specified in section 8-36 (Public Vehicles) of this code;

(b) Motor vehicles specified in Cal. Vehicle Code, Section 22512 (Utility);

(c) Motor vehicles displaying special identification license plates issued under Cal. Vehicle Code, Section 5007 or distinguishing placards issued under Cal.

Vehicle Code, Sections 22511.55 or 22511.59 (Disabled Placards).

(3) A residential parking permit or a guest parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated

residential area.

(H) Application for and duration of permit - Each parking permit issued shall be valid for one year from the date of issuance and each guest parking permit issued shall be valid for six months from the date of issuance. Parking permits and guest parking permits may be renewed upon reapplication in the manner required by the city. However, parking permits and guest parking permits shall not be renewed for any holder or property for which any notice of violation established by this code is outstanding and unpaid. Each application or reapplication for a parking permit or guest parking permit shall contain information sufficient to identify the applicant and the residence address of real property owned or leased within the residential area.

(I) Penalty provisions -

(1) Unless expressly exempted by subsection (G), no person shall stand or park a motor vehicle or other vehicle of a gross weight exceeding 50 pounds upon a public street in the residential area during the times requiring a parking permit or guest parking permit.

(2) No person shall falsely represent himself/herself as eligible for a parking permit or guest parking permit or to furnish false information to the city in an application

for such a permit.

(3) No person shall copy, produce or create a facsimile or counterfeit parking permit or guest parking permit.

(4) No person shall knowingly use or display any such permit to evade time limitations in the residential area.

(J) Revocation of permit - The Traffic Engineer or designee is authorized to revoke the residential parking permit or guest parking permit of any person found to be in violation of this section and, upon written notification thereof, the person shall surrender such permit to the city. Failure, when so requested, to surrender a residential parking permit or guest parking permit so revoked is a violation of this code and the applicant may be issued a civil citation pursuant to this code for each and every day the applicant remains in violation.

(Ord. No. 2702, 2723)

SEC. 8-57. ELECTRIC VEHICLE CHARGING.

No person shall park a vehicle in an off-street parking facility owned or operated by the city in a stall or space designated exclusively for parking an electric vehicle for charging purposes, which is posted in accordance with California Vehicle Code section 22511, as it may be amended or renumbered from time to time, for any purpose other than to charge an electric vehicle. Nor shall any person connect any device, item, equipment, or thing to an electric charger located at such space or stall other than an electric vehicle, as defined herein. As used in this Section 8-57:

(A) An “electric vehicle” means a plug-in electric vehicle, including an exclusively electric vehicle (“EV”) and a plug-in hybrid electric vehicle (“PHEV”);

(B) An EV means a motor vehicle exclusively powered by an electric propulsion system; and

(C) A PHEV means a motor vehicle primarily powered by an electric propulsion system and secondarily by an internal combustion system, which powers the electric propulsion system when the on-board source of electricity is depleted or discharged.

(Ord. No. 2874)