Pacifica Municipal Code Ch. 2 Vehicles Parked for Seventy-Two Hours or More

* Chapter 2 entitled "Boarding Homes for the Elderly and Mentally Ill," consisting of Sections 5-2.01 through 5-2.21, codified from Ordinance No. 433, repealed by Ordinance No. 311-C.S., effective October 29, 1981.

The parking of a vehicle on a highway, including a street, road, or alley within the City, for a period exceeding seventy-two (72) hours can adversely impact the normal flow of traffic and lead to potential vandalism of the vehicle. Therefore, such parked vehicles are prohibited by this chapter, and their abatement is provided for.

(§ 1, Ord. 428-C.S., eff. November 7, 1984)

For the purposes of this chapter, unless otherwise apparent from the context, the definitions of words and phrases shall be the same as provided in Section 5-1.02 of Chapter 1 of this title.

(§ 1, Ord. 428-C.S., eff. November 7, 1984)

(a) No person who owns or has the possession, custody, or control of any vehicle shall park such vehicle or leave the vehicle standing upon any highway for a period of more than seventy-two (72) consecutive hours. Any vehicle that has been parked or left standing in the same location or parking spot for seventy-two (72) consecutive hours must be moved at least one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) from its current location and may not return to within one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) of the same location or parking spot for at least twenty-four (24) hours after its departure. A vehicle shall be deemed to have been parked or left standing in violation of the seventy-two (72) hour parking limit if:

1. The vehicle has not been moved at least one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) from the location or parking spot where it was originally parked or left standing for seventy-two (72) consecutive hours; or

2. Less than twenty-four (24) hours after the vehicle is moved in accordance with this section, the vehicle returns to within one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) of the same location or parking spot where it was previously parked or left standing for seventy-two (72) consecutive hours.

(b) In the event a vehicle is in violation of subsection (a) of this section, any member of the Police Division of the Department of Public Safety authorized by the Director of Public Safety may remove such vehicle from the highway in the manner provided in, and subject to the requirements of, the Vehicle Code of the State and this chapter.

(c) This section shall not apply to those vehicles displaying a valid regular permit or provisional permit issued in accordance with the temporary safe parking program pursuant to Section 4-7.1207.

(d) Whenever a member of the Pacifica Police Department or other authorized city employee removes a vehicle from the street pursuant to this section and causes it to be stored or impounded as permitted by this chapter and the California Vehicle Code the police chief or their designee shall comply with California Vehicle Code Section 22852, as may be amended or renumbered from time to time, governing post-storage notice and hearing requirements for registered and legal owners of record.

(e) The police chief or his or her designee may establish and promulgate written administrative guidelines governing enforcement of the seventy-two (72) hour parking limit and said guidelines shall be made accessible to members of the public.

(§ 1, Ord. 428-C.S., eff. November 7, 1984; § 3, Ord. 873-C.S., eff. April 13, 2022; § Ord. No. 903-C.S., eff. October 8, 2025)

The Council from time to time shall determine and fix an amount to be assessed as administrative costs, excluding the actual cost of the removal of any vehicle pursuant to the provisions of this chapter.

(§ 1, Ord. 428-C.S., eff. November 7, 1984)

Prior to removing any vehicle from the street for violation of Section 5-2.03 of this chapter, a warning notice advising that the vehicle will be removed or towed for violation of Section 5-2.03 of this chapter shall be conspicuously affixed to the vehicle providing notice that if the vehicle is not moved at least one thousand (1,000) feet (approximately two-tenths of a mile) from its current location within the next seventy-two (72) hours it will be removed. The notice shall also advise that the vehicle shall not be returned to within one thousand (1,000) feet (approximately two-tenths (2/10) of a mile) of its current location or parking spot for at least twenty-four (24) hours after departure and, if it does return, it will be subject to immediate removal.

(§ 1, Ord. 428-C.S., eff. November 7, 1984; § 2, Ord. No. 903-C.S., eff. October 8, 2025)

Editor's note— Ord. No. 903-C.S., § 2, eff. October 8, 2025 renamed § 5-2.05 from "notices of hearings" to "notices of removal."

In the event a hearing is requested, it shall be conducted as follows:

(a) Conduct of hearings. All hearings shall be held before a Vehicle Hearing Officer, appointed by the police chief, who shall hear all pertinent facts and testimony. The Vehicle Hearing Officer shall not be limited by the technical rules of evidence. The owner of the vehicle and any other interested person may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing.

(b) Determinations. Should no one appear at the time and place set for the hearing before the Vehicle Hearing Officer, either in person or writing, it shall be conclusively presumed that such vehicle is in violation of the provisions of Section 5-2.03 of this chapter.

(c) At the conclusion of the hearing, the Vehicle Hearing Officer may find that a vehicle is in violation of said Section 5-2.03 and issue an order the violation and determine the administrative costs and the costs of removal to be charged. The order shall include a description of the vehicle and the identification number and license number of the vehicle, if applicable. The Vehicle Hearing Officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. Should the Vehicle Hearing Officer find that the vehicle is not in violation of said Section 5-2.03, the proceedings shall cease. If any interested person makes a written presentation to the Vehicle Hearing Officer but does not appear, such person shall be notified in writing of the decision.

(§ 1, Ord. 428-C.S., eff. November 7, 1984; § 2, Ord. No. 903-C.S., eff. October 8, 2025)

Editor's note— Ord. No. 903-C.S., § 3, effective October 8, 2025, repealed § 5-2.07. Former § 5-2.07 pertained to appeals and derived from § 1, Ord. 428-C.S., eff. November 7, 1984; § 2, Ord. 646-C.S., eff. September 11, 1996 and § 4, Ord. 687-C.S., eff. June 28, 2001.

Editor's note— Ord. No. 903-C.S., § 3, effective October 8, 2025, repealed § 5-2.08. Former § 5-2.08 pertained to removal and derived from § 1, Ord. 428-C.S., eff. November 7, 1984 and § 4, Ord. 687-C.S., eff. June 28, 2001.