Chapter MH-4 — STOPPING, STANDING AND PARKING

Sections:

MH-10-2400 - APPLICATION OF REGULATIONS.

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.

(Ord. 4250 § 2 (part), 2005)

MH-10-2401 - MORE RESTRICTIVE PROVISIONS.

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 Vehicle Code or other regulations prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

(Ord. 4250 § 2 (part), 2005)

MH-10-2402 - STANDING IN PARKWAYS PROHIBITED.

(a)

No person shall stop, stand or park a vehicle within any parkway paralleled by curbs or any parkway designated by the District Traffic Engineer as an area for no standing, stopping or parking and posted accordingly.

(b)

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.

(c)

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 member of the police department authorized by the Chief Law Enforcement Officer may remove the vehicle from the street in the manner described in, and subject to the requirements of, the Vehicle Code.

(Ord. 4250 § 2 (part), 2005)

MH-10-2403 - PARKING FOR CERTAIN PURPOSES PROHIBITED.

(a)

No person shall park a vehicle upon any roadway for the principal purpose of:

(1)

Displaying such vehicle for sale as a business; or

(2)

Washing, waxing, wiping, greasing or repairing such vehicle except repairs necessitated by an emergency.

(b)

No person shall park a vehicle upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle thereon for sale, hire or rental unless the property is duly licensed and to transact that type of business at that location.

(c)

To the extent not prohibited by other statutes, ordinances, rules, regulations or covenants, conditions, and restrictions, Subsection (b) of this section shall not prohibit persons from parking vehicles on private residential property belonging to the owner of the vehicle, or on private property, other than their own when they have obtained written permission from the property owner to do so. Said written permission must bear the date permission was granted including the name, address and telephone number of the property owner and must be displayed in or upon the vehicle in such a manner that it is easily readable from outside the vehicle.

(Ord. 4250 § 2 (part), 2005)

MH-10-2404 - PARKING PARALLEL WITH CURB.

(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 any one-way street unless signs are in place prohibiting such stopping or standing.

(b)

Every vehicle stopped or parked upon a two-way roadway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within eighteen (18) inches of the right- hand curb, except that motorcycles shall be parked with at least one (1) wheel or fender touching the right- hand curb. Where no curbs or barriers bound any roadway, right-hand parallel parking is required unless otherwise indicated.

(c)

In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) 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.

(d)

The District 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 (2) or more separate roadways and shall establish signs or markings giving notice thereof.

(e)

The requirement of parallel parking shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case that vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the centerline of the street and does not block traffic.

(Ord. 4250 § 2 (part), 2005)

MH-10-2405 - ANGLE PARKING.

(a)

The District Traffic Engineer shall recommend upon what streets angle parking shall be permitted and shall mark and sign such streets when appropriately so ordered by the Board of Directors. Such angle parking shall not be permitted on any State highway or upon any other street or roadway that is not of sufficient width to permit and not interfere with the free movement of traffic.

(b)

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

(Ord. 4250 § 2 (part), 2005)

MH-10-2406 - PARKING ADJACENT TO SCHOOLS.

(a)

The District Traffic Engineer is authorized to erect signs indicating no parking upon 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 either side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.

(Ord. 4250 § 2 (part), 2005)

MH-10-2407 - PARKING PROHIBITED IN ALLEYS AND ON NARROW STREETS.

(a)

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

(b)

The District 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 one (1) side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet.

(c)

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

(Ord. 4250 § 2 (part), 2005)

MH-10-2408 - STANDING OF FOOD VEHICLES.

No person shall stop, stand, or park any vehicle from which foodstuffs are displayed, offered for sale or sold, upon any portion of any public street, alley or highway within this District except in compliance with all of the following:

(a)

Stopping to Sell—Time Limit. Such vehicle shall stand or park only at the request of a bona fide customer or purchaser and for a period of time not exceeding ten (10) minutes at any one (1) place.

(b)

Stopping to Sell—Distance. No such vehicle shall stand or park within fifteen hundred (1,500) feet of the nearest property line of any school property, park, playground or recreational facility.

(c)

Stopping to Sell—Posted Speed Limit. No such vehicle shall stand or park when the posted speed limit on the public street, alley or highway is thirty-five (35) miles per hour or greater.

(d)

Stopping to Sell—Position of Vehicle. No such vehicle shall stand or park or engage in the sale of foodstuffs therefrom when:

(1)

Any part of the vehicle other than the side of the vehicle next to the right side of the street, alley or highway is open to prospective customers;

(2)

The vehicle is not stopped, parked, or standing on the extreme right of the street, alley or highway;

(3)

The prospective customer is located on or in that portion of the street, alley or highway, which is open to vehicular traffic;

(4)

The prospective customer is in a standing vehicle, or sitting in or operating another vehicle;

(5)

The vending vehicle is stopped, standing or parked in violation of any other provision of this code, or the Vehicle Code;

(6)

The position or location of the vending vehicle interferes with the free passage of any vehicular or pedestrian traffic.

(e)

Vehicles—Purpose. Such vehicle shall be used for display, offering for sale, and sale only of foodstuffs other than fresh meat, fish, poultry, fruits and vegetables.

(f)

Vehicles—Weight Limit. Such vehicle at all times shall have a gross weight of less than five thousand (5,000) pounds.

(g)

Vehicles—Length. Such vehicles at all times shall have an overall length not exceeding eighteen (18) feet.

(h)

Vehicles—Noise Making Devices. Noise emanating from such devices or sound amplifying equipment on or in any such vehicle shall not exceed a duration of four (4) seconds or an intensity of seventy (70) decibels. Record players, tapes, radios, or other continuous noise making devices are prohibited. The use of continuous bells, chimes, gongs, whistles, sirens or other similar noise making devices is also prohibited.

(i)

Vehicles—Days/Hours of Operation. Such vehicles shall not operate on Sundays or holidays. The permitted hours for such work Monday through Saturday are as follows:

Pacific Standard Time—9:00 a.m. to 5:00 p.m.

Pacific Daylight Savings Time—9:00 a.m. to 7:00 p.m.

(j)

Vehicles—License/Permits. Each individual who drives, operates or vends from a food vending vehicle shall have on his or her person a current, valid California driver's license, which he or she shall make available for inspection by law enforcement officials upon request; and each vehicle shall have a current, valid business license decal affixed to the lower right side of the windshield and a current, valid County of San Joaquin health inspection certificate posted in plain view within the vehicle.

(k)

Vehicles—Operation. Each individual who drives, operates or vends from a food vending vehicle shall not allow any minors to ride in or on the vehicle while it is in operation, allow more than two (2) individuals to be in or on the vehicle while it is in operation, nor attempt to back up the vehicle to make a sale.

(Ord. 4250 § 2 (part), 2005)

MH-10-2409 - EMERGENCY PARKING SIGNS.

(a)

Whenever the District Traffic Engineer, Chief Law Enforcement Officer or their designated representatives 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 District Traffic Engineer, Chief Law Enforcement Officer or their designated representatives, 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 District Traffic Engineer, Chief Law Enforcement Officer or their designated representatives shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such activity, and the person causing their placement 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.

(c)

Permits may be issued for the placement of signs pursuant to this section upon the payment of any fee established by the Board.

(Ord. 4250 § 2 (part), 2005)

MH-10-2409.1 - DISPLAY OF WARNING DEVICES WHEN COMMERCIAL VEHICLE DISABLED.

(a)

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 280 ("darkness") of the Vehicle Code shall be equipped with and carry at least two (2) flares or two (2) red lanterns, or two (2) warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol.

(b)

When any vehicle mentioned in Subsection (a) of this section or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence district within this District 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 280 of the Vehicle Code, a warning signal of the character indicated in Subsection (a) of this section 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 continuous flashing of at least four (4) approved-type Class A-Type 1 turn signal lamps, at least two (2) toward the front end and at least two (2) toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned in this section can be placed in the required locations. The warning signals mentioned in this section shall be displayed continuously during the time mentioned in Section 280, while such vehicles remain disabled upon such street or highway.

(Ord. 4250 § 2 (part), 2005)

MH-10-2409.2 - PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION OR IN AN UNAUTHORIZED MANNER.

(a)

No person shall stop, park or leave standing any vehicle on private property or business premises without the express or implied consent of the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof.

(b)

No person shall stop, park or leave standing any vehicle on private property or business premises at a time, or at a place thereon, or for a period of time, or in any manner otherwise, which is unauthorized by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof.

(c)

The following acts of stopping, parking or leaving standing a vehicle shall be included within those which shall be deemed in violation of Subsections (a) or (b) of this section, whichever is applicable, but other acts not mentioned may also violate either subdivision. (The use of the term "parking" in the following examples shall be deemed also to include collectively acts of "stopping" and "leaving standing"):

(1)

Parking on any vacant lot or unimproved property unless affirmatively so permitted by posted sign(s) or by the authorized person in charge;

(2)

Parking off-street on any improved private property not held open to use by the general public, unless such parking is by invitation of the occupant(s) or for bona fide business purposes upon the property;

(3)

Parking in any off-street parking area or lot or facility of an apartment building, hotel or business enterprise which is indicated by sign(s) or other marking(s) to be reserved for use by tenants, residents or employees or others not including the person so parking;

(4)

Parking in the off-street parking area or lot or facility or an individual parking stall or any area which is indicated by a sign or other marking(s) to be reserved for the exclusive use of a person or persons other than the person so parking;

(5)

Parking in a shopping center or business parking area or facility for a purpose other than doing business with one (1) or more of the stores or offices at the site, or for a purpose not related to such business operation, or remaining parked for longer than reasonably appropriate to do such business or acts related to such business operations;

(6)

Utilizing a space or stall which is indicated by sign(s) or other marking(s) to be reserved for use in connection with a particular store, office or business, and parking in the same for a purpose other than that for which it is so reserved;

(7)

Parking in any stall or space which is indicated by sign(s), blue-painted curbing or other marking(s), to be designated for the exclusive use by physically handicapped persons, of a vehicle not displaying one (1) of the distinguishing license plates or placards issued pursuant to California Vehicle Code Section 22511.5 or Section 9105;

(8)

Parking at any spot where such parking is prohibited, as indicated by sign(s), markings, striping, lettering on pavement, red-painted curbing or by any other means, including (but not limited to) areas and locations within areas reserved for or designated as traffic lanes for movement of vehicles or pedestrians, clear areas at or near building entrances or exits, fire lanes, sidewalks or pedestrian or bicycle lanes, clear areas at or near ramps or other facilities used by or intended for use of handicapped persons, unimproved areas, dangerous areas, areas to be utilized by larger vehicles such as trucks, buses, emergency vehicles or other service vehicles, or areas designated for any other business or special use;

(9)

Except when necessary to avoid conflict with other traffic or by reasons of vehicle disablement or bona fide emergency, parking, standing or waiting at a location within a traffic lane or otherwise, which substantially interferes with the normal movement of vehicular or pedestrian traffic at such location;

(10)

Parking in violation of the restrictions stated on any other sign or marking(s) not mentioned in the foregoing divisions of this subdivision, which has or have been placed on private property or business premises by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof;

(11)

Failure or refusal to remove or move a parked or standing or stopped vehicle from private property or business premises, in compliance with a direction to do so by the owner, person in lawful possession of such premises or property, or other person in charge thereof; or violation of a direction by such person not to park, stop or stand a vehicle upon, or at a particular location upon, such premises or property;

(12)

Parking on a private street in violation of a prohibition or restriction stated on any sign or marking(s) or notification giving notice thereof, placed or given by or pursuant to authority of the association or person or other entity owning or in charge of such private street.

(d)

Nothing in this section affects or limits the rights or remedies any person may have pursuant to any other provision of law, such as Section 22658 of the California Vehicle Code, to remove or cause the removal of a vehicle parking upon private property.

(e)

It shall be the policy of the District to encourage the posting of signs on shopping center parking facilities similar to the signs mentioned in Section 21107.8 of the California Vehicle Code, to give notice to the public that the parking regulations applicable on the private parking facility are subject to official enforcement by citations and fines and otherwise. This does not, however, authorize signs posted in nonconformance with sign control regulations; and the posting of such signs shall not be deemed a requirement or condition precedent to enforcement of this section.

(f)

Sections 41102 et seq. of the California Vehicle Code are referred to and incorporated in this section by this reference and shall be applicable in connection with any prosecution for violation of this section, in the same manner and to the same extent as said sections are applicable to prosecutions for parking violations occurring on the public streets.

(Ord. 4250 § 2 (part), 2005)

MH-10-2409.3 - LOCKING IGNITION REQUIRED.

No person shall park and leave a vehicle on a public street, alley or public parking facility unless the ignition has been locked; provided, however, that if the driver or passenger remains inside the vehicle after and while it is parked, or if the vehicle is in the custody of an attendant, the ignition need not be locked.

(Ord. 4250 § 2 (part), 2005)

MH-10-2409.4 - IMPOUNDING OF VEHICLE ILLEGALLY PARKED.

Whenever a vehicle is illegally parked on a street or highway in violation of any provision of this title, any regularly employed and salaried police officer of the District or deputy of the Sheriff's office or member of the California Highway Patrol, may cause such vehicle to be impounded, driven or towed away and stored. Any reasonable costs resulting from such impounding, towing or storage shall be charged to the owner of the vehicle and to the driver who committed the parking violation.

(Ord. 4250 § 2 (part), 2005)