Chapter 10.44 — PARKING AT NIGHT

Except as provided under exceptions A, B and C of this section, it is unlawful for the owner or driver of any vehicle to allow such vehicle to remain standing on any street or alley in the city between the hours of 2:00 a.m. and 6:00 a.m. It is unlawful for the owner or driver of (1) any commercial vehicle to allow such commercial vehicle to remain standing upon any street or alley in the city between the hours of 10:00 p.m. and 6:00 a.m.; and (2) any non-commercial vehicles together with any fixtures, accessories or property, which exceed the height of 7 feet, the width of 7 feet, and length of 20 feet, or a standard street parking space, as defined by the city traffic and transportation engineer.

EXCEPTIONS:

A.

This section shall not apply to vehicles of any regularly licensed physician or licensed nurse when actually engaged in making professional calls.

B.

This section shall not apply to taxicabs or other public carriers in the course of picking up or discharging a passenger or to deliver vehicles in the course of a service call.

C.

This section shall not apply to any vehicle for which an all-night street parking permit has been duly issued pursuant to this chapter and displayed in compliance with Section 10.44.070.

D.

This section shall not apply to the portion of a street or alley that the director has determined to be exempt after an engineering study. Such exemption may be for all or a portion of the 2:00 a.m. to 6:00 a.m. period.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. No. 7283, § 2, 6-27-2016; Ord. 6466, § 1, 1991; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.21), 1950)

Each application for an all-night parking permit, either physical or virtual, shall be filed in writing with the director on a form to be furnished by the city, accompanied by the permit fee as set forth herein. Each such application shall set forth:

A.

The name, residence and telephone number of the applicant;

B.

The license number, the make, model and type of vehicle for which the permit is requested;

C.

A copy of the vehicle's current registration card with the registered owner's name and address where the vehicle is registered;

D.

A statement that there is no parking space available or obtainable upon the property designated as applicant's residence;

E.

A statement that no parking space previously provided or available upon the property designated as applicant's residence is now used for any purpose other than the parking of vehicles currently registered to the address where the permit is being requested with the exception of permitted Accessory Dwelling Units (ADUs), per Section 17.50.275;

F.

The period of time for which the permit is requested;

G.

Such additional information as the city may require;

H.

A statement that the applicant declares under penalty of perjury that all statements in the application are true; and

I.

The signature of the applicant.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 5480, § 1, 1980; Ord. 5368, § 12, 1978; Ord. 5211, § 1, 1975; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.22), 1950)

Parking permit applications shall be filed with the director. The director, or their designee, shall thereafter conduct an investigation to determine whether such a permit should be issued. If the director determines (1) that adequate off-street parking space is not available within 600 feet of the applicant's residence and (2) that no public safety problem will result, an all-night street parking permit may be issued. The permit shall be in a form designated by the director and shall specify the date of expiration. A permit shall be issued only for noncommercial vehicles that together with any fixtures, accessories or property, do not exceed the height of 7 feet, the width of 7 feet, and length of 20 feet, nor the height, width, or the length of a standard street parking space, as defined by the city traffic and transportation engineer.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 6587, § 3 (part), 1994; Ord. 6147, § 10, 1986; Ord. 5480, § 2, 1980; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.23), 1950)

The director is authorized to issue either physical or virtual permits for either an annual or 30-day permit for all-night street parking and shall charge a fee for the issuance of the permit as set forth below:

A.

Annual Permit. Prior to the issuance or renewal of an annual permit, the applicant shall pay to the director a fee in the amount established by resolution adopted by the city council. All annual permits shall be valid for a consecutive 12-month period following, unless sooner revoked or canceled as provided in this chapter. Applicants are responsible for maintaining their permit status.

B.

Thirty-Day Permit. A 30-day permit for all-night street parking shall be valid for the 30 days following the date of issuance and shall expire at midnight of the 30th day unless sooner revoked or canceled as provided in this chapter. Prior to issuance of each 30-day permit, the applicant shall pay the 30-day permit fee to the director of finance. The amount of the 30-day permit fee or any renewal thereof shall be established by resolution adopted by the city council.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 5568, § 31, 1982)

The procedure for any appeal of a decision by the director under this chapter shall be the same procedure set forth in Sections 5.48.170 through 5.48.230 for decisions by the city manager.

(Ord. No. 7301, § 6, 5-8-2017; Ord. 7008, § 1, 2005; Ord. 6587, § 4, 1994; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.25), 1950)

A.

Grounds. The following shall constitute grounds for suspension and revocation:

A material statement in the application was untrue; or

The circumstances under which the permit was issued no longer exist.

B.

Authority. Any permit issued hereunder may be suspended by the director for the grounds listed in subsection A of this section.

C.

Procedure. The determination of the director with regard to matters of suspension shall be appealable in the time and manner set forth in Section 10.44.050.

The director, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or 48 hours after the same has

been deposited in the course of transmission in the United States Postal Service.

Immediately upon such an order becoming effective, the permittee shall discontinue permitted parking.

D.

Revocation. The suspension shall become a revocation 15 days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Section 10.44.050.

Where an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the hearing officer who shall act upon the same in the manner set forth in Section 10.44.050. Such suspension shall become a revocation if the decision of the hearing officer upholds the suspension. The suspension shall be dissolved immediately if the decision of the hearing officer reverses the suspension.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 6587, § 3 (part), 1994; Ord. 5480, § 4 (part), 1980; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.26), 1950)

Parking permits issued under this chapter are virtual and assigned to the license plate(s) approved during the application process. Therefore, the license plate(s) shall be considered the permit and no physical permit shall need to be displayed. When applicable, a physical permit may be issued.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 6104, § 2, 1985; Ord. 5480, § 4 (part), 1980; Ord. 5368, § 14, 1978; Ord. 5290, § 1, 1976; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.27), 1950)

There shall be a pro rata refund based upon quarterly increments of the annual virtual night parking permit fee to any applicant who requests of the director a cancellation of the physical or virtual parking permit prior to the expiration date. Permit holder may submit their request in person, by phone, or via email. Upon approval, the applicable refund will be processed and the permitted license plate(s) will no longer be exempt from the parking regulation.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 6587, § 3 (part), 1994; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.28), 1950)

Each application for a renewal of a physical or virtual parking permit authorized by this chapter shall include a verified statement as to whether or not adequate off-street parking space is still unavailable for the subject vehicle, and whether or not, during the permit period immediately prior to that for which the renewal application is made, the applicant has made reasonable efforts to obtain off-street parking space for such vehicle.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 5480, § 5, 1980; Ord. 5368, § 15, 1978; Ord. 5211, § 2, 1975; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.29), 1950)

After issuance of a parking permit or a renewal permit, either physical or virtual, the application therefor shall be filed with the parking manager. Prior to such filing, the director shall endorse upon such application the issuance date that a permit or renewal permit became valid and the vehicle license plate(s) thereto.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 5480, § 6, 1980; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.30), 1950)

Investigation, permit, and renewal fees provided for in Sections 10.44.020 through 10.44.090 shall be waived when the vehicle for which the permit is being requested contains special distinguishing license plates or placards issued pursuant to either Section 9105 or 22511.5 of the California Vehicle Code and is registered to or used by a qualified disabled person or disabled veteran.

(Ord. No. 7431, § 7, 7-29-2024; Ord. 5313, § 1, 1977)

Upon the acquisition by an all-night street parking permittee of a new vehicle and the sale or disposal of the vehicle for which such a parking permit has been obtained and is still in effect, such person may submit a request to add the new vehicle to the existing permit and remove the disposed of vehicle from the existing permit. Such request may be made in person, by phone, or via email. The addition of the new vehicle shall be only for the unexpired portion of the period for which the original permit was issued.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. 5568, § 32, 1982; Ord. 5480, § 8, 1980; Ord. 5368, § 16, 1978; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.32), 1950)

A.

Notwithstanding the preceding sections of this chapter, the director, police chief or parking manager may issue a permit for the temporary parking of a vehicle contrary to Section 10.44.010. The issuance of such temporary parking permits shall be limited to emergency situations, New Year's holiday guest parking, construction activity and other circumstances which in the opinion of the director, police chief, or parking manager constitute good cause therefor.

B.

Any such temporary permit shall be for the period specified thereon and shall be in the form and displayed in the manner specified by the director, police chief, or parking manager.

C.

In addition, the director of transportation may issue permits for temporary overnight parking of a vehicle, notwithstanding the provisions of Section 10.44.010 or other preceding sections of this chapter. The issuance of such temporary parking permits shall be according to a program approved by the city council and for a fee established by resolution of the city council.

D.

Temporary overnight parking permits obtained through self-service meters/kiosks or purchased on-line are subject to the same restrictions as annual overnight parking permits, including, but not limited to, not being valid of vehicles that exceed either the height of 7 feet, the width of 7 feet, or the length of 20 feet.

(Ord. No. 7431, § 7, 7-29-2024; Ord. No. 7301, § 6, 5-8-2017; Ord. No. 7341, § 3, 3-25-2019; Ord. 7066, § 1, 2006; Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.33), 1950)

No vehicle for which a permit has been issued hereunder shall be parked upon any street or alley in the city for a continuous period of more than 72 hours, except as may be expressly permitted under Section 10.44.130.

(Ord. 5153, § 1 (part), 1974; Ord. 4143, § 1 (9.34), 1950)

The provisions of this chapter in relation to night parking apply solely to the streets contained within the boundaries of the city of Pasadena as of December 20, 1982. Application of night parking provisions to future annexed areas shall be by amendment to the ordinance codified in this chapter.

(Ord. 6330, 1989; Ord. 4809, § 1, 1967; Ord. 4143, § 1 (14.03), 1950)