Chapter 11.44

OFF-STREET PARKING

Parts:

• 1 Municipal Parking Facilities 2 Off-Street Parking Meter Zones 3 Airport Parking Meter Zones

Part 1

MUNICIPAL PARKING FACILITIES

Sections:

11.44.010 Payment of charges required. 11.44.020 Validation agreement - Authorization.

• 11.44.030 Validation agreement - Charges - Billing and payment.

• 11.44.040 Vehicles subject to removal when - Storage lien.

11.44.045 Off-street parking regulations.

• A. No person shall park or leave standing any vehicle upon any municipal off-street parking facility at any time without payment of the

T11:41

SAN JOSÉ CODE

§ 11.44.010

fees, rates and charges established for the use of said facilities by resolution of the city council.

• B. All such fees, rates and charges shall be paid by or on behalf of persons using said facilities in currency of the United States of America, for each use of said facilities not exceeding twenty-four hours, and in advance for any use thereof exceeding twenty-four hours, except as otherwise provided by validation agreement set forth below in this part.

• (Prior code § 3316.1.)

• A. The city council or the director of streets and traffic may enter into written agreements with any person, firm, corporation, association or organization (second party) to provide for validation of parking.

• B. The charges to be made to such person, firm, corporation, association or organization shall be in accordance with the schedule of fees, rates and charges for non-validated parking established by resolution of the city council.

• C. All such agreements entered into shall include the following provisions:

  1. Each person, firm, corporation, association or organization, a party to said agreement, shall deposit in advance with the city treasurer an amount sufficient to cover the estimated cost, as established by the director of streets and traffic of the use of the municipal parking facilities attributable to said second party for one month; at the end of each month a statement of charges shall be submitted to second party and said party shall promptly remit the total amount due to city.

  2. Should the outstanding charges at any time exceed the amount of deposit, the contracting party shall increase the deposit by an amount at least equal to such excess charges to date. If said party fails promptly to increase the deposit or remit

the total amount of outstanding charges, said deposit shall be immediately forfeited, and all rights and privileges granted to second party under said agreement shall be cancelled.

3. If said agreement is terminated, the deposit shall be returned to the depositor less any charges due from depositor under said validation agreement.

(Prior code § 3316.4; Ords. 21657, 22603, 23734.)

• A. The city council or the director of streets and traffic may enter into written agreements on behalf of the city, with any person, firm, corporation, association or organization (second party) to provide for validation of parking.

• B. The charges to be made to such person, firm, corporation, association or organization shall be in accordance with the schedule of fees, rates and charges for non-validated parking established by resolution of the city council.

• C. Pursuant to any such agreement, the city shall submit to any person, firm, corporation, association or organization, at the end of each month, a statement of parking charges based on the rubber stamped parking ticket validations accepted by city's department of streets and traffic and such second party shall remit said total amount to city not later than the fifteenth day of the following month.

(Prior code § 3316.2; Ords. 21657, 22603, 23734.)

• A. No vehicle or vehicles shall be parked or stored by the owner, operator or person in charge thereof upon any off-street parking facilities of the city for a time longer than that upon which parking rates have been paid and discharged, and should the owner, operator or person in charge of said vehicle allow the same to be parked or stored longer than a period of twenty-four hours after the parking time paid

T11:42

VEHICLES AND TRAFFIC

§ 11.44.045

thereon or contracted for has expired, the said vehicle shall be subject to removal from the premises by the city or its duly authorized representatives, and shall be subject to a possessory lien in favor of the city, pursuant to the provisions of Section 22851 of the Vehicle Code of the state for the following storage and removal charges and fees:

1. Accumulated unpaid parking charges at the time of removal;

2. Actual towing and storage charges;

3. A removal fee of two dollars.

• B. Any attendant or employee of the city on duty or upon the said off-street parking facilities shall not permit or allow the removal from the premises of any vehicle by the owner, operator or person in charge unless and until all charges and fees have been paid and discharged.

• C. Failure on the part of any owner, operator or person in charge of any vehicle so removed from any of the said municipal off-street parking facilities to redeem his vehicle or vehicles within the time and within the manner provided by law shall be cause for the city to proceed to sell the said vehicle to satisfy the lien and all charges and fees unpaid thereon in the manner as provided by law.

(Prior code § 3316.3; Ord. 19023)

• A. "Director" means the director of the department of transportation, or such other director or officer designated by the city manager to administer this section.

• B. The director is authorized to establish regulations regarding the time, place and manner of parking or stopping of vehicles on any offstreet parking facility owned, leased and/or operated by the city, or any paseo, plaza, access road or property owned or leased by the city.

• C. The director shall not enforce any regulation established pursuant to this section in any off-street parking facility until the director has posted adequate notice of such regulations in

the parking facility, paseo, plaza, access road, or property owned, leased and/or operated by the city.

• D. No person shall park or stop a vehicle in any off-street parking facility owned, leased and/or operated by the city in violation of any properly posted regulation established by the director pursuant to this section.

• E. No person shall park or stop a vehicle in any paseo, plaza, access road or property owned, leased and/or operated by the city in violation of any properly posted regulation established by the director pursuant to this section.

• F. In the event that a vehicle is parked in violation of this section, any regularly employed and salaried city peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code, or any regularly employed and salaried employee of the city who is engaged in directing traffic or enforcing parking laws and regulations, may remove the vehicle in the manner and subject to the requirements of the California Vehicle Code.

• (Ord. 27129.)

Part 2

OFF-STREET PARKING METER ZONES*

Sections:

• 11.44.050 Established - Map adopted by reference - Contents - Meter installation.

11.44.060 Off-street parking meter zone 1.

• 11.44.070 Meters - Manner of installation and operation.

• 11.44.080 Parking time limit establishment - Signs required.

• 11.44.090 Meters - Time adjustment for money paid.

*State law reference— For statutory provisions authorizing local authorities to establish parking meter zones, see Vehicle Code § 22508.

T11:43

SAN JOSÉ CODE

§ 11.44.050

• 11.44.110 Meters - Hours and days of operation.

• 11.44.120 Meters - Method of operation.

• 11.44.130 Unlawful to park after meter time has expired.

• 11.44.140 Unlawful to extend time beyond limit.

• 11.44.150 Deposit of coins in meter by unauthorized person.

• 11.44.160 Acts constituting improper use of meter.

• 11.44.170 Attaching articles to meters prohibited.

• 11.44.180 Unlawful to leave vehicle parked after receipt of parking meter violation citation.

• 11.44.190 Overparked vehicle - Citation required - Contents.

The off-street parking lots in this city, as are hereinafter designated in this Part 2, are defined and established as off-street parking meter zones within which the parking of vehicles shall be controlled, regulated and inspected with the aid of parking meters, and shall be governed by the provisions of this Code. Parking meters shall be located as shown upon a map or maps of the city designated as the "Off-Street Parking Meter Zone Map, City of San José," and any amendments thereto, which map is on file in the office of the city clerk. The map, or maps, and all amendments thereto, and markings thereon, are incorporated herein by reference and made a part hereof, as though fully set forth herein. The director of streets and traffic shall cause parking meters to be installed and maintained in all off-street parking meter zones. The rate of fees for each parking meter zone shall be as hereinafter set forth for each zone.

(Prior code § 3319.1; Ords. 21657, 23734.)

• A. Map reference: Off-Street Parking Map No. 1 - Blue color.

• B. Rate of fees: One cent for each three minutes. C. Off-street parking lots included: Main Library Parking Lot.

• D. All that certain real property situated in the City of San José, county of Santa Clara, state of California, described as follows: Beginning at a point on the southerly line of San Carlos Street, distant thereon N 59° 21' E, 305.58 feet from the point of intersection of said line of San Carlos Street with the easterly line of Almaden Avenue, formerly Orchard Street, said point of beginning also being the northeasterly corner of that certain parcel of land described as Parcel 1 in the deed from Arthur

  • F. Castle to Clare E. Castle, dated June 9, 1944, and recorded September 25, 1947, in Book 1453 of the Official Records, page 22, said point also being the northeasterly corner of that parcel of land described in Parcel No. 3 in the deed from Edward A. Uhl, a widower, to City of San José, dated September 16, 1963, and recorded October 11, 1963, in Book 6227 of Official Records, page 651; thence along said southerly line of San Carlos Street N 59° 21' E, 31.80 feet to a point; thence leaving said southerly line of San Carlos Street and proceeding S 30° 39' E, 104.89 feet to a point; thence S 42° 39' E, 197.15 feet to a point on the northerly line of Auzerais Avenue; thence along said northerly line of Auzerais Avenue, S 47° 21' W, 113.46 feet to a point; thence leaving northerly line of Auzerais Avenue and proceeding N 30° 39' W, 321.32 feet to a point on said southerly line of San Carlos Street; thence along said southerly line of San Carlos Street, N 59° 21' E, 38.20 feet to the point of beginning.

(Prior code § 3319.2.)

The director of streets and traffic shall have parking meters installed immediately adjacent to

T11:44

VEHICLES AND TRAFFIC

§ 11.44.130

each parking space. Each meter shall be placed in such a manner as to show or display by a sign or signal that the parking space adjacent thereto is or is not legally in use. Each parking meter shall be set to display, after the operational procedure has been completed, a sign or signal indicating legal parking for that period of time conforming to the limit or parking time for the zone in which the parking meter is installed, and shall continue to operate from the time of the completion of the operational procedure until the expiration of the time fixed as the parking limit or a portion thereof for the part of off-street parking lot upon which said meter is placed. Each said meter shall also be so arranged that upon the expiration of said legal parking time it will indicate by a mechanical operation and by the proper signal that the lawful parking period has expired. (Prior code § 3319.4; Ords. 21657, 23734.)

The director of streets and traffic is authorized to determine the maximum parking time to be allowed in said off-street parking meter zones, and to cause signs which fulfill the requirements of the ordinances and resolutions of the city pertaining thereto to be placed at various parts of such zones so designated.

(Prior code § 3319.3; Ords. 21657, 23734.)

Parking meters, when installed, shall be adjusted so that legal parking time is registered and accumulated upon such meter in units of three minutes upon and after the deposit of each United States one-cent coin, or in units of thirty minutes upon and after the deposit of each United States ten-cent coin, or in units of sixty minutes upon and after the deposit of twenty cents in United States coin; provided, however, that no parking meter shall be adjusted to show or register any period of parking time in excess of the maximum legal parking time limit designated by appropriate sign in the area or zone wherein any such parking meter is installed. (Prior code § 3319.5.)

The director of streets and traffic shall have lines or markings painted or placed upon the area adjacent to each parking meter, designating the parking space for which said meter is to be used, and each vehicle parked adjacent to or next to any parking meter shall park within the lines or markings so established. No person shall park any vehicle across any such line or markings or park a vehicle in such a position that the same shall not be entirely within the space designated by such lines or markings.

(Prior code § 3319.7; Ords. 21657, 23734.)

The provisions of this Code relating to the operation of off-street parking meters shall be effective between the hours of nine a.m. and nine p.m. on Monday through Friday, and between the hours of nine a.m. and six p.m. on Saturday, excepting Sundays and holidays.

(Prior code § 3319.6.)

Immediately after occupancy of a parking meter space, the operator of a vehicle shall deposit a coin of the United States in said parking meter and if necessary turn a crank, knob or handle in accordance with the instruction posted on the face of the parking meter to activate the parking meter and indicate the parking time limit achieved by the coin deposited therein.

(Prior code § 3319.8.)

No operator or any vehicle shall permit said vehicle to remain parked in any parking space during any time that the meter is showing a signal indicating that such space is illegally in use other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking. Violation of this section shall be a misdemeanor.

(Prior code § 3319.9.)

T11:45

SAN JOSÉ CODE

§ 11.44.140

No person shall follow the operational procedure established by this chapter for the purpose of increasing or extending the parking time of any vehicle beyond the maximum legal parking time established for the particular parking meter. Each successive maximum period of time, or portion thereof, during which the maximum legal parking time has been extended in excess of the initial period, shall constitute a separate offense. (Prior code § 3319.11; Ord. 21735.)

No person other than the owner or operator of a vehicle, shall deposit any coin in any parking meter without the knowledge or consent of said owner or operator of the vehicle using the parking space immediately adjacent to said meter. (Prior code § 3319.12.)

No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, device or metallic substitute for a coin of the United States, or deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter. (Prior code § 3319.14.)

No person shall attach anything to or allow a bicycle, newsrack of any other article or thing to lean against a parking meter or a parking meter standard.

(Prior code § 3319.13.)

No operator of any vehicle shall permit said vehicle to remain parked in a metered parking space after receipt of a violation citation for exceeding the parking time limit. Violation of this section will

occur only after the passage of the succeeding time limit of the metered parking space as recorded by the preceding violation citation. (Prior code 3319.10; Ord. 21735.)

Each police officer shall take the number of any meter at which any vehicle is overparked as provided in this part; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and issue, in writing, a citation for illegal parking. (Prior code § 3319.15.)

Part 3

AIRPORT PARKING METER ZONES

Sections:

• 11.44.200 Established - Map adopted by reference - Meter installation.

• 11.44.210 Airport off-street parking meter zone 1.

• 11.44.220 Airport off-street parking meter zone 2.

• 11.44.230 Airport off-street parking meter zone 3.

• 11.44.240 Meters - Manner of installation and operation.

• 11.44.250 Parking time limit establishment - Signs required.

• 11.44.260 Meters - Time of operation.

• 11.44.270 Meters - Time adjustment for money paid - Authorized token defined.

• 11.44.280 Parking space marking - Procedure for parking.

• 11.44.290 Meters - Method of operation.

• 11.44.300 Unlawful to park after meter time has expired.

• 11.44.330 Attaching articles to meters prohibited.

T11:46

VEHICLES AND TRAFFIC

§ 11.44.220

Notwithstanding any other provisions of this Code, the San José Municipal Airport off-street parking lots and areas of this city, as are hereinafter designated in this Part 3, are defined and established as off-street parking meter zones within which the parking of vehicles shall be controlled, regulated and inspected with the aid of parking meters, and shall be governed by the provisions of this part. Parking meters shall be located as shown upon a map or maps of the city designated as the "OffStreet Parking Meter Zone Map, San José Municipal Airport, City of San José," and any amendments thereto, which map is on file in the office of the city clerk. The map or maps, and all amendments thereto, and markings thereon, are incorporated herein by reference and made a part hereof as though fully set forth herein. The director of aviation may cause parking meters to be installed and maintained in any or all off-street parking meter zones or in any part of any of said off-street parking meter zones; provided, that unless and until parking meters are installed in a zone or part thereof, the provisions of this part shall not apply thereto, but instead such zones or parts thereof where meters have not been installed shall continue to be governed by other provisions of this Code applicable thereto relating to parking of vehicles thereon. The rate of fees for each parking meter zone shall be as hereinafter set forth for each zone. (Prior code § 3320.1.)

nal Parking Lot, described as follows: All that real property situated in the City of San José, county of Santa Clara, state of California, lying entirely within the boundaries of the San José Municipal Airport and more particularly described as follows:

1. Beginning at a brass pin set in concrete on the centerline of Brokaw Road Bridge over the Guadalupe River, said brass pin set 5.55 feet North 42° 35' 45" east of the most westerly concrete edge on centerline of said bridge; thence leaving said brass pin South 42° 35' 45" West, 172.28 feet; thence on a tangent curve to the left with a radius of 150.00 feet, an angle of 82° 52' 41", and a length of 132.42 feet; thence South 49° 43' 04" West, 3.00 feet; thence South 40° 16' 56" East, 990.53 feet; thence North 49° 43' 04" East, 40.00 feet to the true point of beginning of this description.

2. Beginning at the true point of beginning of this description, North 49° 43' 04" East, 64.00 feet; thence South 40° 16' 56" East, 239.8 feet; thence on a tangent curve to the left with a radius of 59.70 feet, an angle of 60° 00' 00" and a length of 62.52 feet; thence North 79° 43' 04" East, 11.00 feet; thence South 10° 16' 56" East, 64.00 feet; thence South 79° 43' 04" West, 11.00 feet; thence on a tangent curve to the right with a radius of 123.70 feet, an angle of 60° 99' 00", and a length of 129.54 feet; thence North 40° 16' 56" West, 239.8 feet to the true point of beginning of this description.

(Prior code § 3320.2(A).)

• A. Map reference: Airport Off-Street Parking Map No. 1 - Red color.

• B. Rate of fees: Fifty cents for each hour.

• C. Airport off-street parking lots included: That portion of San José Municipal Airport Termi-

• A. Map No. 2 - Yellow Color.

• B. Rate of fees: Fifty cents for each hour:

• C. Airport off-street parking areas included: That portion of San José Municipal Airport Terminal Access Road, described as follows: All that real property situated in the City of San José,

T11:47

SAN JOSÉ CODE

§ 11.44.220

county of Santa Clara, state of California, lying entirely within the boundaries of the San José Municipal Airport and more particularly described as follows:

1. Beginning at a brass pin set in concrete on the centerline of Brokaw Road Bridge over the Guadalupe River, said brass pin set 5.55 feet North 42° 35' 45" East of the most westerly concrete edge on centerline of said bridge; thence leaving said brass pin South 42° 43' 45" West, 172.28 feet; thence on a tangent curve to the left with a radius of 150.00 feet, an angle of 82° 52' 41", and a length of 132.42 feet; thence South 49° 43' 04" West, 25.00 feet to the true point of beginning of this description.

2. Beginning at the true point of beginning of this description North 49° 43"' 04" East 9.00 feet; thence South 40° 16' 56" East, 597.88 feet; thence South 49° 43' 04" West, 9.00 feet; thence North 40° 16' 56" West, 597.88 feet to the true point of beginning of this description.

(Prior code § 3320.2(B).)

• A. Map No. 2 - Orange color.

• B. Rate of fees: Fifty cents for each hour.

• C. Airport off-street parking areas included: That portion of San José Municipal Airport Terminal Access Road, described as follows: All that real property situated in the City of San José, county of Santa Clara, state of California, lying entirely within the boundaries of the San José Municipal Airport and more particularly described as follows:

  1. Beginning at a brass pin set in concrete on the centerline of Brokaw Road Bridge over the Guadalupe River, said brass pin set 5.55 feet North 42° 35' 45" East of the most westerly concrete edge on centerline of said bridge; thence leaving said brass pin South 42° 35' 45" West, 172.28 feet; thence on a tangent curve to the left with

a radius of 150.00 feet, an angle of 82° 52' 41", and a length of 132.42 feet; thence North 49° 43' 04" East, 25.00 feet to the true point of beginning of this description.

2. Beginning at the true point of beginning of this description, South 40o 16' 56" East, 597.88 feet; thence South 49° 43' 04" West, 9.00 feet; thence North 40° 16' 56" West, 597.88 feet; thence North 49° 43' 04" East, 9.00 feet to the true point of beginning of this description.

(Prior code § 3320.2(C).)

The director of aviation shall have parking meters installed immediately adjacent to each parking space. Each meter shall be placed in such a manner as to show or display by a sign or signal that the parking space adjacent thereto is or is not legally in use. Each parking meter shall be set to display, after the operational procedure has been completed, a sign or signal indicating legal parking for that period of time conforming to the limit or parking time for the zone in which the parking meter is installed and shall continue to operate from the time of the completion of the operational procedure until the expiration of the time fixed as the parking limit or a portion thereof for the part of off-street parking lot upon which said meter is placed. Each said meter shall also be so arranged that upon the expiration of said legal parking time it will indicate by a mechanical operation and by the proper signal that the lawful parking period has expired. (Prior code § 3320.4.)

The director of aviation is authorized to determine the maximum parking time to be allowed in said off-street parking meter zones and to cause signs, which fulfill the requirements of the ordi-

T11:48

VEHICLES AND TRAFFIC

§ 11.44.340

nances and resolutions of the city pertaining thereto, to be placed at various parts of such zones so designated.

(Prior code § 3320.3.)

lished. No person shall park any vehicle across any such lines or markings or park a vehicle in such a position that the same shall not be entirely within the space designated by such lines or markings. (Prior code § 3320.7.)

The provisions of this Part 3 relating to the operation of off-street parking meters shall be effective continuously for twenty-four hours per day, Mondays through Sundays, including holidays. (Prior code § 3320.6.)

Parking meters, when installed, shall be adjusted so that legal parking time is registered and accumulated upon such meter in units of thirty minutes upon and after the deposit of each United States twenty-five-cent coin or an authorized token for said amount; or in units of one hundred twenty minutes upon and after the deposit of one dollar in United States twenty-five-cent coins or in authorized tokens for said amount; provided, however, that the minimum registration time on each meter shall be thirty minutes; and provided further, that no parking meter shall be adjusted to show or register any period of parking time in excess of the maximum legal parking time limit designated by appropriate sign in the area or zone wherein any such parking meter is installed. As used in this part, the term "authorized token" shall mean a token duly issued and authorized by the city to be used as a substitute for a twenty-five-cent coin of the United States in parking meters installed pursuant to this part.

(Prior code § 3320.5.)

The director of aviation shall have lines or markings painted or placed upon the area adjacent to each parking meter, designating the parking space for which said meter is to be used, and each vehicle parked adjacent to or next to any parking meter shall park within the lines or markings so estab-

Immediately after occupancy of a parking meter space, the operator of a vehicle shall deposit a twenty-five-cent coin of the United States or authorized token in said parking meter and, if necessary, turn a crank, knob or handle in accordance with the instruction posted on the face of the parking meter to activate the parking meter and indicate the parking time limit achieved by the coin or authorized token deposited therein. (Prior code § 3320.8.)

No operator of any vehicle shall permit said vehicle to remain parked in any parking space during any time that the meter is showing a signal indicating that such space is illegally in use other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking.

(Prior code § 3320.9; Ord. 21735.)

No unauthorized person shall attach anything to or allow a bicycle, newsrack or any other article or thing to lean against a parking meter or a parking meter standard.

(Prior code § 3320.12.)

No person shall deposit or cause to be deposited in any parking meter any defaced or bent coin, or any slug, device or metallic or other substitute for a coin of the United States, other than an authorized token, or deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter.

(Prior code § 3320.13.)

T11:49

SAN JOSÉ CODE

§ 11.44.350

Each airport security officer shall take the number of any meter at which any vehicle is overparked as provided in this Part 3; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and issue, in writing, a citation for illegal parking. (Prior code § 3320.14.)

All moneys collected pursuant to the provisions of this part shall be collected by the airport department and deposited into the City of San José airport revenue fund. (Prior code § 3320.15.)