(a) Washing, Greasing, or Repairing of Vehicles. No person shall park a vehicle upon any highway or right-of-way for the principal purpose of washing, greasing, or repairing such vehicle except repairing necessitated by an emergency.
(b) Vending. No person shall park a vehicle upon any highway or right-of-way for the principal purpose of vending, except adjacent to the premises of the purchaser when taking orders or delivering any commodity, or except as otherwise authorized by the County Code.
(c) Display of Vehicles for Sale on Certain County Highways.
(1) Legislative Findings.
(A) The County of San Bernardino has experienced used vehicles being parked or left idle on public streets for the purpose of advertising or displaying such vehicles for sale, resulting in a negative impact on the County, its residents, and businesses.
(B) The courts have ruled that a city or county may reasonably regulate the time, place, and manner in which its public streets are used for the sale of vehicles.
(C) The California State Legislature enacted Section 22651.9 of the California Vehicle Code authorizing cities and counties to remove and impound vehicles with “for sale” signs from designated streets or public lands.
(D) Section 22651.9(a) of the Vehicle Code authorizes the removal and impoundment of vehicles when all of the following requirements are met:
(I) Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle;
(II) Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation, under local ordinance, which was accompanied by a notice containing all of the following:
(i) A warning that an additional parking violation may result in the impoundment of the vehicle;
(ii) A warning that the vehicle may be impounded pursuant to Section 22651.9 of the Vehicle Code, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle; and
(iii) A listing of the streets or public lands subject to the resolution or ordinance adopted pursuant to Section 22651.9(a)(4) of the Vehicle Code, or if all streets are covered, a statement to that effect.
(III) The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle; and
(IV) The local authority of the city, County, or city and County has, by resolution or ordinance, authorized the removal of vehicles pursuant to Section 22651.9 of the Vehicle Code from the street or public lands on which the vehicle is located.
(E) The County of San Bernardino Department of Public Works conducted an investigation of its County Highways, in particular, Valley Boulevard, between Alder Avenue and Spruce Avenue, and Mission Boulevard, between Central Avenue and Benson Avenue, to determine whether any parked or standing vehicles were posted with “for sale” signs or placards and whether such activity adversely affects traffic.
(F) The investigation found that significant health and safety issues as well as dangerous traffic conditions resulted from vehicles parked for purposes of sale on certain streets in the County.
(G) Based on the County of San Bernardino Department of Public Works investigation, the Board of Supervisors seeks to impose reasonable restrictions by prohibiting the parking of vehicles for the primary purpose of advertising or displaying such vehicles for sale upon certain streets within the unincorporated areas of the County.
(H) The Board of Supervisors finds and determines that there is an important and substantial public interest in adopting the restrictions identified in this Subsection of the County Code upon vehicles parked along designated streets for the purpose of advertising or displaying such vehicles for sale, as they are necessary to protect the general health, safety, and welfare of the community, and specifically finds:
(I) The unrestricted parking of vehicles for such commercial purposes causes passing motorists to slow down or stop in the street to obtain information from the signage on the parked vehicles, and, as a result, such activity may lead to a sudden and unexpected obstruction to other vehicles thereby creating dangerous traffic conditions; and
(II) The unrestricted parking of vehicles for such commercial purposes encourages prospective buyers to inspect the vehicles while standing in the street, thereby creating dangerous traffic conditions as well as health and safety issues for other motorists, the prospective buyers, and pedestrians alike in the County; and
(III) The unrestricted parking of vehicles for such commercial purposes creates a nuisance by detrimentally impacting existing businesses and/or residences by reducing and/or eliminating the number of parking spaces on public streets which are available to business patrons, residents, occupants, and/or guests in the vicinity of such parked vehicles.
(I) The purpose of this Section is to narrowly restrict the standing or parking of vehicles for sale at the locations identified in Subsection 52.0120(c)(3) in order to protect the health, safety and welfare of the community.
(2) Authority. Subsection 52.0120(c)(3) is adopted pursuant to the authority granted to the County of San Bernardino by Section 22651.9 of the Vehicle Code. Section 22852 of the Vehicle Code requires that a post-removal hearing take place after the removal of any vehicle under Section 22651.9 of the Vehicle Code.
(3) Restriction. No person shall park or leave standing any motor vehicle with a sign or placard on such vehicle at any of the locations listed below which makes it appear that the primary purpose for parking such vehicle at that location is to advertise to the public the private sale of such vehicle:
(A) Valley Boulevard, between Alder Avenue and Spruce Avenue, posted with signage reflecting the prohibition.
(B) Mission Boulevard, between Central Avenue and Benson Avenue, posted with signage reflecting the prohibition.
(C) Any additional County Highway segment(s), which is/are posted with signage reflecting the prohibition, based upon a determination made by the Board of Supervisors in a resolution that one or more of the conditions described in Subsection 52.0120(c)(1)(H)(I)-(III) exist at such location(s).
(4) Notice of Parking Violation. A vehicle found to be in violation of Subsection 52.0120(c)(3) shall be issued a notice of parking violation. The notice of parking violation shall contain all of the following:
(A) A statement that the parking of the vehicle violates Subsection 52.0120(c)(3) of the County Code and the date of the violation.
(B) A warning that an additional parking violation may result in the impoundment of the vehicle pursuant to Section 22651.9 of the Vehicle Code.
(C) A warning that the vehicle may be impounded pursuant to Section 22651.9 of the Vehicle Code, even if moved to another street described in Subsection 52.0120(c)(3), so long as the signs or placards offering the vehicle for sale remain on the vehicle.
(D) A listing of the streets subject to the restriction and described in Subsection 52.0120(c)(3).
(5) Authorization for Removal of a Vehicle. Pursuant to Section 22651.9(a)(4) of the Vehicle Code, any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee of the County who is engaged in directing traffic or enforcing parking laws and regulations of the County, may remove a vehicle located within the unincorporated area of the County if all of the following requirements are satisfied:
(B) Within the past 30 days of the issuance of the notice of violation referenced in subdivision (A) above, the vehicle is known to have been previously issued a notice of parking violation for violating Subsection 52.0120(c)(3).
(C) The notice of parking violation referenced in Subsection (A) above was issued at least 24 hours prior to removal of the vehicle.
(6) Post Storage Impound Hearing. Section 22852 of the Vehicle Code applies to the removal of any vehicle pursuant to Subsection 52.0120(c)(5) and is incorporated by reference as if set forth in full herein. In summary, the procedure under Section 22852 of the Vehicle Code is as follows: Whenever an authorized member of the County directs the storage of a vehicle pursuant to Subsection 52.0120(c)(5), the County shall direct the storage operator to provide the vehicle's registered and legal owners of record, or their agents, with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours, excluding weekends and holidays, as specifically provided for under Section 22852 of the Vehicle Code. To receive a post-storage hearing, the owners of record, or their agents, must request a hearing in person, in writing, or by telephone within ten days of the date appearing on the notice. The County may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle. The decision of the hearing officer shall be final.
(Ord. 596, passed - -1947; Am. Ord. 598, passed - -1947; Am. Ord. 702, passed - -1953; Am. Ord. 1119, passed - -1963; Am. Ord. 4267, passed - -2015)