A. Findings.
1. The City Council finds that the parking and storage of vehicles in residential areas may pose a health and safety hazard when such vehicles reduce driver visibility, create visual clutter, undermine the residential character of neighborhoods, and require extended drive times due to the elimination of convenient street parking.
2. The City Council finds that the use of vehicles for human habitation in the city has created, and continues to create, issues of blight, crime, health and sanitation, including the disposal of noxious and harmful matter on city streets and parking areas open to the public, and similar nuisance conditions.
3. The regulations established by this section create reasonable restrictions that promote the city’s compelling interest in protecting the public safety to the extent authorized by the California Vehicle Code.
B. Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. COMMERCIAL VEHICLE. Unless separately defined in this section, shall have the same meaning as Section 260 of the California Vehicle Code. A vehicle not defined as a COMMERCIAL VEHICLE may be considered an “oversized vehicle” for purposes of this section.
2. OVERSIZED MOTOR VEHICLE. Any house car, pickup truck with cab-over- camper, recreational vehicle, school bus, semi-truck without trailer, or other vehicle that measures more than fifteen feet in length OR is more than eighty-four inches in width, OR more than eighty-four inches in height. The term OVERSIZED VEHICLE does not include a pickup truck without a cab-over-camper or sports utility vehicle.
3. NON-MOTORIZED VEHICLE. Any trailer or any other device that is not self- propelled. For the purposes of this Chapter, non-motorized vehicle shall also include a vessel or a trailer holding one or more vessels, as the term vessel is defined in this chapter.
4. MOTOR VEHICLE. A passenger vehicle, pickup truck without a cab-over- camper, sports utility vehicle, motorcycle and motor-driven cycle but shall not include a house car as defined in Section 362 of the California Vehicle Code.
5. RESIDENTIAL DISTRICT. Any area within the city which is zoned primarily for residential uses.
6. VEHICLE. Separately defined in this section, shall have the same meaning as Section 670 of the California Vehicle Code.
7. VESSEL. Every description of watercraft used or capable of being used as a means of transportation on water.
8. RECREATIONAL VEHICLE. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.
9. MEASUREMENTS. To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included.
C. Oversized and non-motorized vehicles. In a residential district, no person shall, at any time, park or leave standing any oversized motor vehicle or non-motorized vehicle on any public street, highway, alley, required front yard, driveway sideyard, or rear yard, except:
1. In residential districts, oversized motor vehicles, or non-motorized vehicles which are attached to a motor vehicle, may be parked on the public right of way within one hundred feet of the owner’s residence for the purposes of loading, unloading, cleaning, battery- charging, or other activity preparatory or incidental to travel for a period of time not to exceed seventy-two (72) consecutive hours.
2. Any oversized motor vehicle, or non-motorized vehicle which is attached to a motor vehicle, that is parked on the public right of way pursuant to either subsections (1) or (2) hereinabove, shall, at the end of the permitted period of time, seventy-two (72) hours, be removed from its location and shall not be parked on any public right of way for the purposes stated hereinabove for a period of at least forty-eight (48) hours.
3. Visitor Parking. A visitor to a resident of a single family or two family dwelling located in a residential district may temporarily park a “oversized motor vehicle” or a “non-motorized vehicle” attached to a motor vehicle on the right of way fronting the dwelling being visited, based on the criteria listed below.
a. The visitor obtains a visitor permit from the code enforcement officer or designee.
b. The vehicle is registered or leased and operated by a person permanently residing more than twenty (20) miles from the visitation site.
c. The vehicle complies with the definition of an “oversized motor vehicle,” or a “non-motorized vehicle” which is attached to a motor vehicle, and is used for recreational housing purposes only.
d. The vehicle shall not be used for habitation and cannot be connected to utility services for the duration of the visit.
e. The vehicle may be parked for a period of time not to exceed a total of seventy-two (72) hours in a thirty(30)-day period.
f. The vehicle must be parked within one hundred (100) feet of the residence to which the person is visiting.
4. The restrictions of this subsection shall not prohibit the parking of one oversized motor vehicle or non-motorized motor vehicle in the driveway or sideyard of a parcel of real property located in a residential district and improved with a single family residence. The vehicle must be parked on a paved surface at all times. If parked in a sideyard, a minimum of two feet of setback must be provided between the vehicle and any lot line.
5. Nothing in this subsection shall prevent an owner of private property from adopting regulations restricting the parking of oversized motor vehicles or non-motorized vehicles on said property.
D. Commercial Vehicles. The parking of commercial vehicles in residential districts shall comply with the following:
1. No person who owns or has possession, custody, or control of a commercial vehicle with a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more, shall park or leave standing any such commercial vehicle for more than two (2) hours on any public street, highway, roadway, alley or thoroughfare in a residential district, except:
a. For such reasonable time in excess of two (2) hours that may be necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure or for the purpose of delivering materials to be used for repair, alteration, remodeling, or construction of any building or structure upon a restricted street or highway; or
b. For such reasonable time in excess of two (2) hours that may be necessary when such vehicle is parked in connection with the performance of a service to or on a property in which such vehicle is parked; or
c. For such reasonable time in excess of two (2) hours that may be necessary time to make emergency repairs.
d. No regulation adopted in this section shall apply to any vehicle owned by a public utility or licensed contractor while necessarily in use in the construction, installation, or repair of any public utility.
2. No person who owns or has possession, custody or control of any commercial vehicle shall park or leave standing any such commercial vehicle on any residential district street between the hours of two a.m. (2:00 a.m.) and six a.m. (6:00 a.m.)
3. No person may store a commercial vehicle in the front or sideyard of a residence; however, a commercial vehicle may be parked on the side or rear yard of a residence if enclosed behind a fence or enclosure concealing the vehicle from view from the public right of way. Additionally, the vehicle must be parked on a paved surface at all times and with a minimum of two (2) feet of setback provided between the vehicle and any lot line.
4. No person who owns or has possession, custody or control of any commercial vehicle exceeding a manufacturers gross vehicle weight of ten thousand (10,000) pounds, shall, park or leave standing any such commercial vehicle on a street or highway which is prohibited to commercial vehicle traffic pursuant to any section of this code.
5. Any person may apply for a commercial vehicle parking exception permit from the code enforcement officer or designee.
E. Intersections. No person who owns or has possession, custody or control of any vehicle or non-motorized vehicle which is six (6) feet or more in height (including any load thereon) shall park or leave standing any such vehicle on a street or highway within forty-five (45) feet of any intersection.
F. State of Emergency. The prohibitions provided in this section shall not apply to the parking of any vehicle during any state of emergency declared to exist within the city by the City Council.
G. Human Habitation. No person shall:
1. Use a vehicle for human habitation on or in any public street, right of way, alley-way, parking area or any other public property, except in a designated public campground, recreational park, or licensed mobile home park.
2. Use a vehicle for human habitation on any private property within the city limits except for a lawfully operated mobile home trailer park, or other licensed private camping facility.
3. “Human habitation” means the use of a vehicle for the purposes of eating, sleeping, resting or recreating for four (4) or more hours.
H. Miscellaneous.
1. No person shall park any vehicle, whether motorized or non-motorized, within any required setback or on any surface, which has not previously been approved for parking purposes pursuant to applicable Building and/or Zoning Code provisions.
2. No person shall park any vehicles, whether motorized or non-motorized, parked parallel to any residence unless the vehicle is parked on a legal circular driveway.
3. No owner of any property zoned industrial or commercial shall fail to:
a. Post adequate notice prohibiting unauthorized vehicle parking on all such properties in accordance with the requirements of the Police and this code.
b. Properly post disabled accessible parking spaces.
4. No person shall park or store any combination of four or more of any type of vehicles, within the driveway or property sideyards, within any residential district.
5. No recreational vehicle shall be attached to municipal services or public utilities, including sewer, water, electrical, or gas.
I. Residential vehicle repair. No person shall perform major repairs or dismantling of any motorized or non-motorized vehicle, boat, or part thereof, in a location visible from the street or right of way for a period of longer than seventy-two (72) hours. This subsection shall not be construed as prohibiting the registered owner of a motorized or non-motorized vehicle or boat, or part thereof, from performing minor repair of said vehicle in the driveway or other paved surface of a residence, provided that the vehicle or boat is registered to someone living in the residence, or his/her immediate family. “Immediate Family” for purposes of this section means spouse, children, grandchildren and parents (including step-child and step-parent). Proof of registration of any vehicle or boat on which minor repairs are occurring shall be provided to any Police Officer or code enforcement officer upon request.
J. Permits. The code enforcement officer or designee shall establish general standards and reasonable fees for any permits provided by this section.
K. Violation. In addition to the remedies provided by this chapter and this code for the abatement of public nuisances, Vehicles found in violation of this section may be cited or removed, or both cited and removed in accordance with the provisions of this code and the California Vehicle Code.
L. Regulations cumulative. The regulations found in this section shall be in addition to any applicable law, ordinance, regulation or provision of this code.
M. Signage. The City Engineer shall erect and maintain suitable signs notifying the public of the provisions of this section. (Ord. 2007-10 § 1, 2007; Ord. 2004-10 § 2(part), 2004)