Article I — GENERALLY

(a)

The City Manager, by administrative resolution, or the City Council by resolution or ordinance, is authorized to prohibit parking along the curb of any public street or within any Public Place. The City Manager, by administrative resolution, or the City Council by resolution or ordinance, may designate locations of on-street parking, areas in which on-street parking is prohibited, and areas of time-limited parking in accordance with such standards, limitations, and rules as may be set forth in this Chapter or as may be determined by administrative resolution of the City Manager or by ordinance or resolution of the Council.

(b)

Whenever the City Council or the City Manager shall determine that the orderly, efficient conduct of the business of the City requires that parking or standing of vehicles on Public Places be prohibited, limited, or restricted, the City Traffic Engineer shall erect signs indicating that the parking of vehicles to that effect.

(c)

Pursuant to Vehicle Code Section 22503 and upon a report submitted by the City Traffic Engineer, the City Manager may designate any street or portion thereof within the City where angle parking is permitted. When angle parking is permitted on a street, or portion thereof, the City Traffic Engineer shall paint markings designating the angle parking places. When angle parking has been established for a street, or a portion thereof, no person(s) shall stop, stand, or park a motor vehicle except in a designated angle parking place.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

The provisions of this Chapter 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 direction of a police officer, other authorized officer, or official traffic control device.

(b)

The provisions of this Chapter imposing a time limit on stopping, standing, or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this City prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

The provisions of this Chapter regulating the stopping, parking, or standing of vehicles shall not apply to any vehicle of a City department, public utility while necessarily in use for construction or repair work, or to any vehicle owned by the United States Postal Service while in use for the collection, transportation, or delivery of mail.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:

(a)

In any area designated as a no parking area, when such area is indicated by appropriate signs or an appropriate color of paint upon the curb surface as defined in Section 12.20.220.

(b)

Within any center median unless authorized and clearly indicated with appropriate signs or markings.

(c)

Within any roundabout center.

(d)

Within 20 feet of the approach to any traffic signal, stop sign, or official electrical flashing device.

(e)

In any area established to limit parking for the purpose of street maintenance, sweeping, and/or cleaning.

(f)

On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, sweeping, repair, or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles, or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least 24 hours prior to the effective time of such no parking.

(g)

On any length of public street marked by a traffic control device prohibiting parking as set forth in Section 12.12.030 of the San Marcos Municipal Code.

(h)

Within any parkway, upon any sidewalk, or within a designated bike lane.

(i)

On any street or highway where parking or stopping of a vehicle would constitute a traffic hazard or endanger life or property.

(j)

Contrary to the directions or provisions of signage installed per Section 12.20.005.

(Ord. No. 97-1006, 1-14-97; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

No person shall park a vehicle on any roadway or City right-of-way for the purpose of:

(a)

Washing, greasing, changing oil, or repairing such vehicle, except repairs necessitated by an emergency.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

No person shall park or leave standing any vehicle unattended on a street or highway when upon any grade exceeding three percent without blocking the wheels of said vehicle by turning them against the curb or by other means.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Subject to approval by resolution of the City Council, the City Traffic Engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

(b)

When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

No person shall park in any roadway in such a manner as to obstruct the flow of traffic thereon.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Whenever the City Traffic Engineer has determined that traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions or for other reasons, the City Traffic Engineer shall have the 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 Public Places during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such public or private assemblages, gatherings, or functions and the City Traffic Engineer 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. Any vehicle so stopped or parked shall be subject to the tow away provisions of this Code whenever signs so marked are posted giving notice of the tow away provision.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Any regularly employed and salaried officer of the Police Department or City of San Marcos staff as designated by the City Manager to enforce parking regulations is hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, pursuant to Vehicle Code Sections 22650, 22651 and 22651.05, under the circumstances hereinafter enumerated:

(a)

Bus Loading Zone Restriction. Any vehicle which is parked in a bus loading zone as established by ordinance or resolution of the City Council of the City of San Marcos, and which bus loading zone is appropriately signed, giving notice that such vehicle will be removed under authority of this section.

(b)

Violation of Temporary No Parking. When any vehicle has been parked or left standing on a street or highway 24 hours or more in violation of temporary no parking signs which have been posted on said street or highway pursuant to this Chapter.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Any officers removing a vehicle as provided herein shall comply with the procedures set forth in Section 22651 of the Vehicle Code of the State of California.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Except as provided in subsection (b) below, no commercial vehicle shall be parked or allowed to stand on any street or private premise in a residential district of the City if such vehicle is one or more of the following:

(1)

A vehicle with a manufacturer's gross vehicle weight rating of 9,000 pounds or more;

(2)

A "truck tractor", as defined in Vehicle Code Section 655;

(3)

A "semitrailer" or accessories thereto, as defined in Vehicle Code Section 550;

(4)

Construction equipment, as defined in Vehicle Code Section 565.

(b)

This Section shall not apply when such vehicle is:

(1)

Loading or unloading property;

(2)

Parked in connection with the performance of a short-term service to or on a property;

(3)

Engaged in the construction, installation, repair, or maintenance of a publicly or privately owned improvement located on the property, for which a construction permit has been issued by the City;

(4)

Engaged in the lawful conduct of a legally nonconforming business operation and is not parked or allowed to stand in violation of any other zoning or regulatory ordinance of the City;

(5)

Parked entirely within a completely enclosed garage, shed, or outbuilding conforming to the height, size, and setback requirements of the Zoning Ordinance, and having unobstructed, all-weather access from the nearest street. The following additional restrictions shall apply to vehicles parked in accord with this provision:

a.

Painting and/or repair of such vehicle, other than regularly scheduled maintenance, shall be prohibited. For purposes of this Section, "regularly scheduled maintenance" shall mean minor tune-ups, lubrication, changing of fluids, and other minor work not involving physical repair to a vehicle.

b.

The starting, running, or removal of such vehicle from the building in which it is stored shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

c.

This provision shall apply only in those cases where the registered owner of such vehicle is the owner in fee or lawful occupant of the premises on which said vehicle is parked or standing.

(Ord. No. 88-805, 1-10-89; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

On-Street: Except as provided in Section 16.08.080 herein, no mobile living unit or recreation vehicle shall be parked or allowed to stand on any street or portion thereof, in a residential district of the City. This provision shall not apply to unoccupied pickup/camper combinations, provided such vehicles are parked in a manner permitting the free flow of traffic.

(b)

Off-Street: No portion of a front yard or street side yard on any lot containing a single-family or two- family dwelling shall be used for the parking of mobile living units or recreation vehicles. This prohibition shall not apply to surfaced driveways providing direct access to a garage or carport, provided no portion of a vehicle parked thereon shall be:

(1)

Allowed to overhang a sidewalk or encroach upon a public right-of-way.

(2)

Located closer than three feet to any lot line, main residence, accessory structure, or other vehicle.

(c)

Yard areas other than those specified in subsection (b), above, may be used for the parking of such vehicles, provided:

(1)

No portion of a vehicle parked therein shall be located closer than three feet to any lot line, main residence, accessory structure, or other vehicle.

(2)

Unobstructed all-weather access from the nearest street shall be provided to the affected yard area. Such access shall be of a width satisfactory to the Fire Marshal.

(3)

Use of such yard areas shall be incidental to the primary use of the lot as a place of residence.

(4)

The registered owner of such vehicle shall be the owner in fee or lawful occupant of the lot on which said vehicle is parked.

(5)

Affected yard areas shall be screened from view on adjoining lots and streets with a minimum six-foot high, solid wood, or masonry fence or by other adequate screening as determined by the City Manager and conforming to the setback requirements of the Zoning Ordinance.

(d)

Nothing in this Section shall prevent arrangements for the group parking of unoccupied mobile living units and recreation vehicles within screened, secured compounds on lots zoned for multiple-family dwellings, provided such use is not in violation of any other zoning or regulatory ordinance of the City.

(e)

The setback requirement of subsections (b)(2) and (c)(1) above may be modified or waived by the Fire Marshal, provided satisfactory measures are taken to prevent the transmission of fire from the vehicle in question to adjoining structures or vehicles.

(f)

Nothing in this Section shall prevent the parking of unoccupied mobile living units and recreation vehicles within a completely enclosed garage or outbuilding in any residential district of the City.

(Ord. No. 88-805, 1-10-89; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

It shall be unlawful to park or leave parked or unattended any vehicle of the types designated in Sections 12.20.150 and 12.20.160 on any Public Place between the hours of 2:00 a.m. and 6:00 a.m. of each day.

(b)

Nothing in this section shall be construed to prohibit camping in public campgrounds as otherwise authorized by resolution or ordinance.

(Ord. No. 88-805, 1-10-89; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

In the event that the driver of a vehicle found to be in violation of any section of this article cannot be located, then in accordance with Section 40200 of the Vehicle Code, the registered owner of any vehicle so unlawfully parked as determined from the registration, shall be deemed prima facie liable and responsible for the illegal parking of such vehicle.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

No person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any Public Place for more than a consecutive period of 72 hours. Successive acts of parking within the same one-tenth mile or in the same block between intersections, whichever is less, shall be presumed to be a single act of parking when the vehicle is moved merely to avoid the parking limitation prescribed in this Section.

(Ord. No. 88-805, 1-10-89; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of 72 hours, any member of the City Staff authorized by the City Manager may remove said vehicle from the street in the manner prescribed and subject to the requirements of Vehicle Code, Section 22651(k).

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

The City Council may, by resolution, and after a request of the property owner, declare that there are privately owned and maintained off-street parking facilities that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by the City Council of such resolution, and after property owner compliance with Section 12.20.310(b), the City may enforce all pertinent motor vehicle and traffic regulations within that privately owned and maintained off-street parking facility.

(b)

Notwithstanding the provisions of Section 12.20.310(a), no resolution enacted thereunder shall apply to any off-street parking facility described therein unless the owner has caused to be posted in a conspicuous place at each entrance to such off-street parking facility, a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that such off-street parking facility is subject to public traffic regulations and control. No such resolution shall be enacted without a public hearing thereon and ten days' prior written notice to the owner of the privately owned and maintained off-street parking facility involved. All costs for such public hearing, posting and administrative fees shall be borne by the property owner requesting said hearing. The City shall not be required to provide patrol or enforce any provisions of this Code on any privately owned and maintained off-street parking facility other than those private properties which have been included under this section through Council resolution.

(Ord. No. 91-895, 6-11-91; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Editor's note— Formerly entitled "Angle Parking," amended as herein set out by Ord. No. 2024-1544.