Temple City Municipal Code Part 3 Parking Restrictions

No person shall stop, stand or park a vehicle, all forms of cycles and motorized scooters, and bicycles including similar devices moved exclusively by human power, on any street or in any city or community redevelopment agency owned parking lot between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. of any day, except as expressly provided in this part. (Ord. 10-938)

The parking prohibition set forth in section 3-3A-20 of this article shall not apply to:

A. Any street or parking lot for which the city council has adopted a resolution permitting overnight parking for specified motor vehicles;

B. Authorized emergency vehicles;

C. Operable motor vehicles that are eligible for and have obtained an overnight parking permit in accordance with this part and that are properly displaying such valid overnight parking permit;

D. Any vehicle properly displaying a valid disabled placard or disabled license plate permitted to park overnight under state law. (Ord. 10-935)

A. Authority To Issue: The public safety officer or his/her designee (hereinafter referred to as the "issuing officer") is authorized to review applications for and to issue overnight parking permits as provided in this part. (Ord. 10-935)

B. Criteria: Overnight parking permits provided for under this part may only be issued for a vehicle with a gross weight rating of under six thousand (6,000) pounds and not exceeding twenty feet (20') in length. Recreational vehicles, boats, personal watercraft, trailers, all-terrain vehicles, off highway motorcycles and inoperable vehicles are not eligible for overnight parking permits under this part. Even though a motor vehicle may not qualify for an overnight parking permit under this part, the city may nevertheless issue an overnight parking permit for a motor vehicle owned by and issued to an employee of a federal, state, or local governmental agency for their use. The city may issue an overnight parking permit for a commercial passenger vehicle that is used by the registered owner for their personal business (i.e., an individually owned taxicab). The city may also issue an overnight parking permit for a vehicle (hereinafter a "take home vehicle") assigned to the applicant as a take home vehicle by the applicant's employer. An overnight parking permit will only be issued to a commercial passenger vehicle or take home vehicle provided the motor vehicle meets the weight and length requirements of this section and parking of the vehicle will not unreasonably impair parking for other permit holders. (Ord. 10-938)

C. Types Of Overnight Parking Permits:

1. Annual Permit: An annual permit used in accordance with this part entitles the permittee to park an assigned vehicle on a specified street overnight for the duration of the permit. The duration of annual permits is one full calendar year or a remaining portion of a calendar year. Annual permits expire at eleven fifty nine o'clock (11:59) P.M. of December 31 of the year for which such permits were issued, unless sooner revoked as provided in this part.

2. Monthly Permit: A monthly parking permit used in accordance with this part entitles the permittee to park an assigned vehicle on a specified street overnight for thirty (30) days following the date of permit issuance. The permit expires at eleven fifty nine o'clock (11:59) P.M. on the thirtieth day, unless sooner revoked as provided in this part.

3. Temporary Permit: A temporary parking permit may be purchased through a self-service parking permit vending machine located at city hall or issued by the issuing officer for the fee established by resolution adopted by the city council. Temporary permits expire at the date and time specified on the permit.

D. Reservation Of Safety And Enforcement Authority: Issuance of a permit under this part only provides the holder with the privilege of parking on the assigned street overnight and does not except the holder for the motor vehicle from the city's enforcement of all other parking, traffic, and safety laws and requirements of the state of California and the city of Temple City. The city hereby reserves for itself the right to make, impose and enforce upon holders of valid overnight parking permits any new traffic, parking, and safety requirements as the city council may from time to time adopt, or those that the city is required to impose and enforce under California law. (Ord. 10-935)

A. Application: The registered owner of an eligible motor vehicle desiring an overnight parking permit (annual or monthly), or for the transfer of such permit, shall file a completed application, on the form furnished by the city, with the public safety officer or his/her designee. Each application shall set forth the following: (Ord. 10-938)

1. For the owner/applicant:

a. Owner's full name.

b. Copy of owner's valid California driver's license.

c. Owner's Temple City residence address.

d. Owner's telephone number.

2. For the vehicle being permitted and for each other vehicle registered to the owner at the property:

a. The license plate number.

b. The vehicle identification number (VIN).

c. The year, make, model, color and type of vehicle.

d. The gross vehicle weight rating.

e. Current California vehicle registration demonstrating that the vehicle is registered at the owner's residence.

f. Proof of California insurance.

3. A statement that off street parking at the owner's residence is not available or obtainable.

4. A statement that no off street parking at the owner's residence is used for any purpose other than parking of operable vehicles.

5. If a transfer is requested, the reason for the transfer and the required information for the vehicle to which the permit is to be transferred or the residence to which the vehicle will be parked near.

6. Whether the application is for an annual or monthly permit.

7. Such additional reasonable information as the public safety officer or his/her designee may require.

8. The owner shall sign the application under penalty of perjury declaring that all facts and statements in the application are true. (Ord. 10-935)

9. If the applicant is requesting an annual overnight parking permit for a take home vehicle, the applicant will need to provide current vehicle registration and a letter from his/her employer on the employer's letterhead indicating that the specific vehicle has been issued to the applicant and that the applicant is authorized to take the vehicle home at night and park it at his/her residence. The letter must include the address of the applicant's residence. (Ord. 10-938)

B. Review By Issuing Officer:

1. Review And Issuance: Upon the filing of a complete application for an overnight parking permit or the transfer of such permit, the issuing officer shall review the application and, within ten (10) business days of the filing, determine whether to issue the permit or deny the application. The issuing officer shall issue the requested overnight parking permit unless any one or more of the following facts is determined:

a. The issuing officer determines that the application is not complete or the information is incorrect or invalid.

b. The applicant is not the registered owner.

c. The vehicle does not have a valid California registration or proof of insurance. The issuing officer may issue not to exceed six (6) months parking permits to a vehicle with valid out of state vehicle registration and proof of insurance.

d. The vehicle is not eligible for an overnight parking permit, as provided under this part.

e. Issuance of the permit would cause the number of overnight parking permits assigned to the residence to exceed the maximum allowable under this part.

f. An inspection of the on site parking at the residence and on street parking within the area concludes that on site parking is or should be available at the residence; or the owner refused permission to grant access to the property for the purpose of the inspection.

g. The owner fails to pay the required overnight parking fee.

h. The vehicle has outstanding unpaid parking tickets.

i. The vehicles are registered to a site that has undergone an urban lot split or has an urban dwelling as defined in Section 9-1A-12 of the Temple City Municipal Code).

2. Inspection: The issuing officer may require an inspection of the on site parking at the residence and off street parking within the area to determine whether the circumstances warrant issuance of an overnight parking permit. The inspection may include, but is not limited to, any parking stalls, garages, carports, driveways and other areas designated for vehicle parking.

3. Conditional Permit: Where the issuing officer requires an inspection of the on site parking at a residence, or the issuing officer determines that verification of information contained in the application is needed, and the inspection or verification will require more than ten (10) business days to complete, then provided the application is complete and the owner pays the required fee, the issuing officer shall issue a conditional permit not to exceed thirty (30) days in duration. (Ord. 10-935)

4. Temporary Conditional Permit: The issuing officer may issue a temporary conditional permit when:

a. The applicant’s permitted vehicle is disabled and is in the shop for repair, provided that the applicant submits paperwork (i.e., estimate/quote for repair, work order, etc.) from the repair shop. The temporary conditional permit shall not exceed thirty (30) days in duration.

b. A resident has active building permits for a construction project which reduces available off street parking at the resident’s property during the course of construction. The resident may apply for a temporary conditional permit, so long as the project is proceeding without delay and is receiving the required scheduled inspections by the building inspector. A temporary conditional permit may be issued for a period not to exceed thirty (30) days.

5. Maximum Number Of Permits: The maximum number of overnight parking permits issued relating to any residence shall be set by resolution adopted by the city council.

6. Availability Of On Site Parking: The city will deem on site parking to be available under the following circumstances:

a. There is at least one open and available parking space located on the property, whether in a garage, carport, parking stall or other permitted on site parking.

b. An otherwise open and available parking space is occupied by an inoperable vehicle, a vehicle without current valid registration, a recreational vehicle, a trailer, an all-terrain vehicle, an off highway motorcycle, boat or personal watercraft, or a commercial vehicle.

c. An otherwise open and available parking space is used for a purpose other than parking, for example the storage of furniture, goods, personal property or other materials.

d. An otherwise open and available parking space has been unlawfully converted to a residential dwelling or other nonpermitted use. (Ord. 10-938; amd. Ord. 21-1059)

A. Fee Established: There is hereby established a fee for issuance of an overnight parking permit by the city for an annual, monthly, temporary and conditional overnight parking permit, a fee for the transfer of such a permit, and a fee for the replacement of such a permit. The council shall set, from time to time, the amount of the fees for annual, monthly, temporary, and conditional permits and for the transfer and replacement of such permits by resolution.

B. Components Of The Fee: The overnight parking fees established by this part shall include: 1) the city's administrative cost to administer the overnight parking permit program, including, but not limited to, review and process applications, verify information in applications, inspect on site parking at the residence and off site parking available in the area, review and process denials, appeals, and revocations, and fuel and maintenance costs for inspection and enforcement vehicles; 2) the city's administrative cost to enforce the overnight parking program; and 3) the city's cost to repair and maintain streets burdened by overnight parking, including, but not limited to, repair and maintenance of sidewalks, curbs, gutters, and pavement replacement and resurfacing. The city will, from time to time, commission a fee study to assess the costs and ensure the fee reflects the actual cost of the service provided.

C. Payment Of Fee: The applying owner shall pay the fee applicable to the permit applied for at the time the application is filed with the city. Applications will not be processed without payment of the appropriate fee.

D. Proration Of Fee: The issuing officer is hereby authorized to prorate the fee for annual overnight parking permits for each quarter of the calendar year (January 1 through December 31) that shall have elapsed at the issuance of the permit, based on a schedule adopted by resolution of the city council.

E. Refund Of Fee: The issuing officer is hereby authorized to refund a portion of the fee paid by an applicant in the event the issuing officer denies the permit. Only that portion of the fee attributable to enforcement and repair and maintenance shall be refunded. No portion of the fee shall be refunded in the event that the permit is lost, stolen, transferred, or revoked. (Ord. 10-935)

A. Display Of Permits: The permit holder shall at all times display the overnight parking permit, as required under this section:

1. Annual Permits: All annual overnight parking permits shall be visibly placed on the outside of the rear (back) window in the lower left hand corner (driver's side) or on the left hand side of the rear bumper, and the permit shall not be effective unless so placed. (Ord. 10-938)

2. Monthly Permits/Conditional Permits: All monthly and/or conditional overnight parking permits shall be visibly placed face up on the driver's side dashboard area of the vehicle, and the permit shall not be effective unless so placed.

3. Temporary Permits: All temporary overnight parking permits shall be visibly placed face up on the driver's side dashboard area of the vehicle, and the permit shall not be effective unless so placed. Temporary overnight parking permits are not effective unless the vehicle license number or vehicle identification number (VIN) is clearly displayed, in ink, on the permit.

B. Compliance With Laws: The permit holder shall at all times comply with all state and city of Temple City traffic, parking, and safety laws. Conviction or pleading guilty to a parking ticket or citation for a moving violation is grounds for revocation of the overnight parking permit.

C. Change Of Address: The permit holder shall inform the city of any change in his/her residence address. The overnight parking permit will not be valid for a new address, unless the owner applies for a transfer of the permit and the issuing officer approves the transfer, as provided in this part. (Ord. 10-935)

If a permit holder loses, surrenders, or destroys an unexpired overnight parking permit, he/she may file an application, on a form furnished by the city, requesting a replacement permit. The issuing officer shall review the application and issue or deny a replacement permit as provided in section 3-3A-23 of this article. (Ord. 10-935)

Holders of annual or monthly overnight parking permits may apply to the city for transfer of that permit to another vehicle or, in the event the permit holder is moving to a residence within the city, to have the permit reassigned to a new parking area. The permit holder shall file an application, on a form furnished by the city. The issuing officer shall review the application and issue or deny a permit transfer as provided in section 3-3A-23 of this article. Transfer shall not extend the expiration date of the permit. Upon transfer of the permit, the previous permit shall be of no further force and effect and the applicant shall be required to surrender the original permit or submit satisfactory evidence that the former permit has been destroyed or will no longer be used. (Ord. 10-935)

A. Permits Subject To Revocation: Overnight parking permits issued under this section are subject to revocation where the permit holder violates any of the duties of the permit holder established under section 3-3A-25 of this article, a material misstatement of fact is discovered in the permit holder's application, the permit holder sells, transfers or attempts to sell or transfer the permit to another person or vehicle without complying with this part, or the permit holder otherwise improperly uses the permit or violates the requirements of this part.

B. Revocation Procedure: The issuing officer is hereby authorized to revoke overnight parking permits on the grounds stated in this section. Before revoking a permit, the issuing officer shall provide written notice to the permit holder, at the address on file for the permit holder, at least ten (10) days prior to the holding of an administrative hearing before the issuing officer. The notice shall state the reason for the revocation and state that the permit holder shall be afforded an opportunity to appear at the hearing and present evidence as to why the permit should not be revoked. The issuing officer shall make a decision within three (3) business days of the hearing and provide the permit holder with written notice of same. If the permit is revoked, such revocation shall become effective three (3) business days after the issuing officer mails the written determination to the permit holder. (Ord. 10-935)

C. Appeal: A permit holder may appeal a decision of the issuing officer to the city's transportation and public safety commission. An appeal before this body shall conform to such general appeal provisions as apply to this part. (Ord. 10-935; amd. Ord. 13-986)

If an applicant does not meet the criteria for an annual overnight parking permit or is requesting an exemption from the criteria, the applicant may file with the issuing officer a hardship request on the form provided by the city. The issuing officer will review the request for completeness within the times provided for such review in this part. When the request is complete the issuing officer will submit the request for review and consideration by the transportation and public safety commission. The transportation and public safety commission will render a decision to approve or deny the hardship request within thirty (30) days of the issuing officer's submittal. (Ord. 10-938; amd. Ord. 13-986)

The city council, following a recommendation by the transportation and public safety commission, shall have the authority to prohibit back-in parking on municipally owned or operated parking lots where deemed appropriate or necessary for the preservation of the public health, safety, or welfare. In such cases, appropriate signs shall be posted that prohibit the standing or parking of a vehicle on the municipally owned or operated parking lot in such manner that such vehicle is backed into a marked stall. There shall be exempted from the restrictions of this section, all trucks in excess of three (3) tons' gross weight while loading or unloading. (Ord. 15-1002)

No person shall leave standing any motorized vehicle upon any street in the city of Temple City which has been previously determined by city council resolution and posted: a) to be within a restricted parking zone, or b) upon any street determined by the city council to require the issuance of a "special resident parking permit", a "special guest permit", or their functional equivalent without compliance with the terms and conditions of said "restricted parking zone" as contained in the city council resolution establishing same. (Ord. 91-693; amd. Ord. 03-891)

Each residence in the area of restricted parking may apply for and be granted such preferential parking permits as set forth by city council resolution. The amount of the fee for such permit shall be set by city council resolution and may be adjusted from time to time. (Ord. 91-693; amd. Ord. 03-891)

The city council may approve and order the installation of appropriate markings and signs to designate special on street vehicle parking spaces on any city street, including residential and commercial areas for use by disabled persons possessing valid disabled persons or disabled veteran license plates or disabled person windshield placards. Such designated spaces are to be made available to any physically disabled driver or vehicle passenger and shall not be for the exclusive use of any one individual. (Ord. 93-743)

Penalties for vehicle parking violations, late payment penalties, administrative fees and other related charges shall be set and/or modified by resolution of the city council. (Ord. 94-766)

A. It is unlawful for the driver of any vehicle to stop, park, or leave standing such vehicle, for the purpose of loading or unloading passengers, unless the vehicle is legally parked in accordance with all applicable laws, rules and regulations, including related signs and curb markings.

B. Any person who violates this section is guilty of an infraction and is subject to the enforcement provisions pursuant to section 1-2-0-1 of this code. (Ord. 99-839)

A. Any person who fails to display a lawfully issued disabled person's placard or permit in their possession thereby causing the issuance of a citation for the unlawful parking of a vehicle in a designated disabled person parking space is in violation of the Temple City traffic code.

B. Any person who violates this section is guilty of an infraction. Upon presentation of proof that a valid placard or permit was in possession at the time of issuance of the citation and the privileges of the placard or permit were not abused, the fine will be reduced to an administrative fee as set forth by city council resolution. (Ord. 00-843)

A. Findings: The city council finds that these regulations are necessary and in the public interest to assure the safety of large parking areas, to provide to the users necessary safety regulations in the public interest, and to provide the exclusive use of such parking areas for the use of the customers of the adjoining businesses.

B. Regulations: The following regulations shall apply to any public or private parking lot containing more than fifty (50) slots or stalls for the parking of private vehicles (whether such parking area is owned by 1 entity or exists as reciprocal facilities owned by more than 1 entity):

1. All areas of such facilities shall be surfaced with concrete or asphalt, and such surfacing shall be kept and maintained in good condition without potholes or other deterioration. With the consent of the city, specified areas may be improved with plantings.

2. The parking slots shall be clearly marked and maintained with at least an eight foot (8') wide slot, and be provided with stop bumpers.

3. All vehicles shall be parked within designated slots with front-in parking only.

4. All traffic lanes shall be clearly marked as one-way, and no vehicles shall enter or exit contrary to such markings.

5. The parking areas shall be sufficiently lighted for safety reasons for after dark usage.

6. There shall be a fifteen (15) miles per hour speed limit in all such facilities.

7. No recreation vehicles, trailers, motor homes or vehicles in excess of eight thousand (8,000) pounds shall be allowed to park in such facilities.

8. Vehicles parked for loading and unloading are exempt from these requirements provided the same do not exceed three (3) hours in duration.

9. There shall be a two (2) hour parking limit in any stall or slot.

10. Signs shall be posted on each property indicating these regulations.

C. Exemptions: There shall be exempted from these regulations any parking area that contains fifty (50) or more parking slots that abuts or serves a noncommercial, residential, park or school area. There shall also be exempted any area of commercial lots that the council permits to be set aside for employee parking.

D. Violation: Anyone violating any of the above regulations shall upon the first offense be guilty of an "infraction"; upon any subsequent violation shall be guilty of a misdemeanor. (Ord. 06-915)

A. Subject to the provisions and limitations of this chapter, the public safety officer shall place the following curb markings when directed by the city council, or its designated commission, and the curb markings shall have the meanings as herein set forth:

1. Red means no stopping, standing, or parking at any time except as permitted by the California Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.

2. Yellow means no stopping, standing, or parking for any purpose other than loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes.

3. White means no stopping, standing, or parking for any purpose other than loading or unloading of passengers which shall not exceed three (3) minutes.

4. Green means no standing or parking for a period longer than twenty (20) minutes.

5. Blue means no stopping, standing, or parking at any time except vehicles which display a distinguishing license plate or valid placard issued to disabled persons and disabled veterans pursuant to the California Vehicle Code.

B. Installation of curb markings shall be approved by resolution of the city council, or its designated commission.

C. When the public safety officer, as authorized under this title, has caused curb markings to be placed, no person shall stop, stand, or park a vehicle adjacent to any such legible curb marking except as allowed in subsection A of this section. (Ord. 11-939U)

3-3A-38-1: THIRTY MINUTE PARKING ZONES:

No person shall stand or park any vehicle between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day except Sunday for a period longer than thirty (30) minutes in any place where the city council, or its designated commission, has determined, by resolution, that a thirty (30) minute parking restriction is necessary. Signs shall be posted giving notice of this parking restriction. (Ord. 11-939U)

3-3A-38-2: ONE HOUR PARKING ZONE:

No person shall stand or park any vehicle between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day except Sunday for a period longer than one hour in any place where the city council, or its designated commission, has determined, by resolution, that a one hour parking restriction is necessary. Signs shall be posted giving notice of this parking restriction. (Ord. 11-939U)

3-3A-38-3: TWO HOUR PARKING ZONE:

No person shall stand or park any vehicle between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. of any day except Sunday for a period longer than two (2) hours in any place where the city council, or its designated commission, has determined, by resolution, that a two (2) hour parking restriction is necessary. Signs shall be posted giving notice of this parking restriction. (Ord. 11-939U)

3-3A-38-4: REQUEST FOR CURB MARKINGS OR TIME LIMIT PARKING ZONES:

A request for curb markings or time limit parking shall be filed with the city council, or its designated commission. The city council, or its designated commission, shall approve or deny any such request by resolution. A decision on a request for curb markings or time limit parking that is made by a commission designated to hear such requests by the city council may be appealed by any interested person to the city council. An appeal must be filed with the city clerk within fifteen (15) calendar days from the date the commission adopts the resolution of approval or denial. (Ord. 11-939U)