Chapter 10.06 — ILLEGALLY PARKED VEHICLES

The town council declares that this chapter is adopted pursuant to the authority granted by Section 22651 of the Vehicle Code of the state.

(Ord. 87 §1, 1981)

The following words or phrases have the meanings ascribed to them within this section:

"Commercial vehicle" is defined as set forth in California Vehicle Code Section 260.

"Principal purpose of display for sale" means the placement of a vehicle with signage advertising it for sale at a particular location when the owner or driver of the vehicle is not in the immediate area conducting other lawful business.

"Public road" means any right-of-way and road or bike path surface owned in fee by the town, or that is maintained by the town on a regular basis.

"Vehicles and equipment" are defined as set forth in Sections 100 through 675, inclusive, of the Vehicle Code of the state, as amended.

(Ord. 364 §1, 2001; Ord. 317 §2, 1999: Ord. 87 §2, 1983)

It is unlawful for any person, firm or corporation to leave any vehicle or equipment standing or parked upon any public road within the town limits for a period of more than seventy-two hours.

(Ord. 87 §3, 1983)

It is unlawful to park any commercial vehicles with a manufacturer's gross weight rating of twelve thousand pounds or more upon or within any public road other than a "truck route" designated public road pursuant to Chapter 10.15 of this Code between the hours of two a.m. and six a.m.

(Ord. 317 §3, 1999)

It is unlawful for any person, firm or corporation to leave any vehicle or equipment standing or parked upon any public road or alley whenever the chief of police has authorized the street or alley or any portion thereof to be used for purposes other than the normal flow of traffic or for the movement of equipment, articles or structures of unusual size and the parking of any vehicle or equipment would prohibit or interfere with such use or movement. Towaway signs giving notice that such vehicles or equipment may be removed shall be erected or placed in the prohibited areas at least twenty-four hours prior to any removal.

(Ord. 87 §4, 1983)

A.

Except as provided in subsections B and C, it is unlawful to park a vehicle for the principal purpose of display for sale upon and within: (1) a public road or other public property; (2) upon a vacant lot; (3) upon an unoccupied developed property; or (4) upon real property within fifty feet of a centerline of a public road.

B.

The owner of a vehicle may park one vehicle at a time for the principal purpose of display for sale upon residential property upon which the owner of the vehicle resides.

C.

The provisions of this section shall not apply to a vehicle parked on property occupied by a business lawfully engaged in the retail sale of new or used vehicles.

(Ord. 364 §2, 2001: Ord. 317 §4, 1999)

Any vehicle or equipment found to be in violation of Sections 10.06.030, 10.06.035, 10.06.040 and/or

the police department or the town code enforcement officer. The vehicle may be impounded in any garage

or impoundment yard designated by the town. Before impounding a vehicle for violating Section 10.06.045(B), the following requirements shall be satisfied:

A.

Within the past thirty days, the vehicle is known to have been previously issued a notice of parking violation, under local ordinance, which was accompanied by a notice containing all of the following:

A warning that an additional parking violation may result in the impoundment of the vehicle;

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;

A statement to the effect that all public roads are covered by the prohibition;

The notice of parking violation was issued at least twenty-four hours prior to the removal of the vehicle.

(Ord. 317 §5, 1999: Ord. 87 §5, 1983)

Any officer removing any vehicle or equipment pursuant to this chapter shall comply with the provisions of Sections 22650 through 22856 of the Vehicle Code of the state, as amended.

(Ord. 87 §6, 1983)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction with fines pursuant to Government Code Section 36900. A second violation of this chapter within one year may be deemed guilty of a misdemeanor with a fine not to exceed one thousand dollars and/or six months in the county jail. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. 317 §6, 1999)

The provisions of this chapter are not the exclusive regulation of parking within the town. These provisions shall supplement and be in addition to the other regulatory codes, statutes and ordinances enacted by the town, the state or any other legal entity having jurisdiction before or after the effective date of the ordinance codified in this chapter.

(Ord. No. 401, § 9, 8-26-2003)