When authorized signs are in place giving notice thereof no person shall stop, stand or park any vehicle within a business district between the hours of 7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than two hours.
No person shall stop, stand or park any vehicle for a period of time longer than two hours on both sides of Carlsbad Village Drive from the railroad crossing west to Carlsbad Boulevard; and from a point 60 feet south of Carlsbad Village Drive on the easterly side of Carlsbad Boulevard to the intersection of Carlsbad Boulevard and Lincoln Street, and 30 feet south on the easterly side of Lincoln Street.
(Ord. 3005 § 75; Ord. 3041 § 4; Ord. NS-534 § 18, 2000)
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle within a business district between the hours of 7:00 a.m. and 6:00 p.m. of any day, for a period of time longer than two hours.
No person shall stop, stand or park any vehicle for a period of time longer than two hours on the westerly side of Carlsbad Boulevard between Grand Avenue and Carlsbad Village Drive.
(Ord. 3212 § 1, 1987; Ord. NS-534 § 19, 2000)
A. 
There will be no parking on the west side of Ponto Drive from Avenida Encinas to its intersection with Carlsbad Boulevard.
B. 
When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle on Ponto Drive (south) from a point 266 feet south of Avenida Encinas and continuing northerly to its intersection with Carlsbad Boulevard between the hours of 11:00 p.m. and 5:00 a.m., seven days a week.
(Ord. NS-431 § 1, 1997; Ord. NS-539 § 1, 2000)
It is unlawful for any person to park or leave parked any automobile or other vehicle between the hours of 3:00 a.m. to 5:00 a.m. on the hereinafter described streets:
A. 
On State Street between Oak Avenue and Laguna Drive;
B. 
On Roosevelt Street between Oak Avenue and Grand Avenue;
C. 
On Carlsbad Boulevard between Grand Avenue and Carlsbad Village Drive;
D. 
On Grand Avenue between Roosevelt Street and Carlsbad Boulevard;
E. 
On Carlsbad Village Drive between U.S. Freeway 101 and Carlsbad Boulevard.
The traffic safety engineer and the maintenance director are instructed to erect signs giving notice of the provisions of this section.
(Ord. 3018 § 1; Ord. 1261 § 12, 1983; Ord. NS-534 § 20, 2000)
When signs are erected giving notice thereof no person shall park a vehicle at any time upon the following streets:
A. 
On both sides of Garfield Street from the intersection of Garfield Street with Olive Avenue to the southerly terminus of Garfield Street;
B. 
On both sides of Harrison Street from the intersection of Chinquapin Avenue with Harrison Street to the intersection of Adams Street with Harrison Street.
(Ord. 3005 § 76; Ord. 3030 § 1; Ord. 3041 § 5)
When signs are erected giving notice thereof, it is unlawful for any person to park or leave parked any automobile or other vehicle on Saturdays, Sundays and holidays on the hereinafter described streets:
On both sides of Adams Street from the intersection of Adams Street with the Northwesterly Lot 6, Block "D" of Bella Vista Tract, easterly to the intersection of Adams Street with the center line of Lot 9, Block "D," Bella Vista Tract.
(Ord. 3019 § 1)
The city Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbs where authorized parking is permitted, and to indicate those locations wherein the parking of vehicles beyond the marked parking space is prohibited.
When such parking space markings are placed in the highway, street or in a municipally owned and/or operated parking lot, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.
Where signs or markings are installed to indicate that stopping, standing and/or parking vehicles beyond the marked parking space is prohibited or restricted, no vehicle shall be stopped, left standing and/or parked contrary to such prohibition or restriction or within an area designated as prohibited or restricted.
(Ord. 3005 § 77; Ord. CS-328 § 2, 2017)
A. 
It is unlawful to park or leave parked any vehicle on any street or portion thereof during the hours and on the day or days of the month indicated on signs containing the words "NO PARKING," which signs have been placed in appropriate locations designating the parking restriction pursuant to the provisions of this section.
B. 
When such markings or signs are in place, no person shall stop, stand or park a vehicle upon any street or highway in violation of the restrictions contained on said sign or markings.
C. 
The city Traffic Engineer is authorized to determine the locations of and to place and maintain, or cause to be placed and maintained, signs designating the hours during which, and day or days of the month on which, parking is prohibited in order to sweep city streets. In the event temporary signs are employed to prohibit parking on any street or highway or portion thereof pursuant to the foregoing, no vehicle parked in violation of the directions set forth on the temporary signs shall be removed unless such signs have been erected or placed on the street or portion thereof at least 72 hours prior to such removal.
D. 
Section 10.40.150(A) shall not apply to the parking or standing of commercial vehicles in a residential district making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling or reconstruction of any building or structure for which a building permit has previously been obtained.
(Ord. NS-213 § 1, 1992)
There will be three-hour parking on each side of Grand Avenue from Carlsbad Boulevard to the alley located between Madison Street and Jefferson Street between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
(Ord. NS-525 § 4, 2000)
A. 
There will be three-hour parking on the west side of Washington Street from Grand Avenue to Beech Avenue between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
B. 
There will be three-hour parking on the east side of Washington Street from Carlsbad Village Drive to Grand Avenue between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
(Ord. NS-525 § 5, 2000)
There will be three-hour parking on each side of State Street from Oak Avenue to Carlsbad Boulevard between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
(Ord. NS-525 § 6, 2000; Ord. NS-584 § 1, 2001)
A. 
There will be three-hour parking on the west side of Roosevelt Street from Oak Avenue to Carlsbad Village Drive between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
B. 
There will be three-hour parking on each side of Roosevelt Street from Carlsbad Village Drive to Beech Avenue between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
(Ord. NS-525 § 7, 2000)
There will be three-hour parking on the west side of Madison Street from Grand Avenue to a point 50 feet north of Arbuckle Place between the hours of 7:00 a.m. and 6:00 p.m. except for Sundays and holidays.
(Ord. NS-525 § 8, 2000)
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle on Celinda Drive from Carlsbad Village Drive to the south property line of 3481 Celinda Drive and 3482 Celinda Drive, seven days a week between the hours of midnight and 5:00 a.m.
(Ord. NS-886 § 1, 2008)
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle on Kimberly Court, seven days a week between the hours of midnight and 5:00 a.m.
(Ord. NS-886 § 2, 2008)
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle on Shawn Court, seven days a week between the hours of midnight and 5:00 a.m.
(Ord. NS-886 § 3, 2008)
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle on Dana Court, seven days a week between the hours of midnight and 5:00 a.m.
(Ord. NS-886 § 4, 2008)
A. 
Definitions. For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Loading and unloading"
shall mean actively moving items to or from an oversized vehicle including the activities required to prepare the vehicle for travel or storage.
"Out-of-town visitor"
shall mean any person who does not reside in the City of Carlsbad, who is temporarily visiting as a guest of a resident of the city, and who has applied for and obtained an oversized vehicle overnight parking permit.
"Oversized vehicle"
shall mean any motorized vehicle as defined of Section 670 of the Vehicle Code or combination of motorized vehicles and/or non-motorized vehicles or trailers that meets or exceeds 22 feet in length at any time or a combination of the two following criteria, exclusive of fixtures, accessories or property: seven feet in height and seven feet in width.
a. 
To determine the height, width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments as allowed by Section 35109, 35110 or 35111 of the Vehicle Code as may be amended shall not be included.
b. 
Oversized vehicle does not include pickup trucks, vans, or sport utility vehicles, which are less than 25 feet in length and eight feet in height.
"Resident"
shall mean a person who customarily resides and maintains a place of abode or who owns land within the City of Carlsbad. It shall not mean a person who maintains an address at a post office box, mailbox drop, or who rents a room without it being the primary place of abode.
B. 
Overnight Parking Prohibition. No person shall stop, stand, park or leave standing any oversized vehicle on any public highway, street or city parking lot at any time between the hours of 2:00 a.m. and 5:00 a.m. unless otherwise authorized by this article.
C. 
Utility Connections Prohibited. No person shall permit, cause or allow any electrical, water, gas, telephone or other utility connection (such as electrical cords, extension cords, hoses, cables, or other items) to encroach into any public right-of-way including across or above any street or sidewalk from a residential or commercial property to an oversized vehicle or trailer parked on a public highway, street or city parking lot.
D. 
Overnight Parking Exceptions to Prohibitions. The provisions of Section 10.40.180(B) shall not apply to any of the following:
1. 
Oversized vehicles owned by a resident or out-of-town visitor displaying a permit for overnight parking issued by the City Manager or designee in accordance with this article. The issuance of a permit shall not allow any other activity otherwise prohibited by law.
2. 
Oversized vehicles displaying a permit issued by the City Manager to a hotel as defined in Carlsbad Municipal Code Section 21.04.185 or a motel as defined in Carlsbad Municipal Code Section 21.04.273 for the exclusive use of its registered guests.
3. 
Oversized vehicles involved in an emergency or being repaired under emergency conditions. Emergency parking may be allowed for 24 consecutive hours where an oversized vehicle is left standing at the roadside because of mechanical breakdown or because of the driver's physical incapacity to proceed.
4. 
Oversized vehicles belonging to federal, state or local authorities or public utilities that are temporarily parked while the operator of the oversized vehicle is conducting official business.
5. 
Oversized vehicles actively engaged in the loading and unloading and deliveries of person, merchandise, wares, supplies, goods or other materials in the course of construction or other work from or to any adjacent building or structure.
6. 
As part of a proclamation of a local emergency issued pursuant to Chapter 6.04, the Director of Emergency Services may suspend any provision of this section applicable to the parking of oversized vehicles. The suspension shall expire upon the termination of the local state of emergency unless an earlier time for expiration is provided in the proclamation of local emergency.
E. 
Overnight Parking Permit Conditions. Any resident may obtain an oversized vehicle overnight parking permit to park an oversized vehicle registered to them adjacent to his or her residence. Any resident may obtain an oversized vehicle overnight parking permit to park an oversized vehicle belonging to an out-of-town visitor.
The City Manager or designee may issue a permit for overnight parking of an oversized vehicle to any resident or out-of-town visitor subject to the following provisions:
1. 
The oversized vehicle shall be owned, leased, rented by, or registered to, a resident or out-of-town visitor.
2. 
The oversized vehicle shall park at the street curb immediately adjacent to the residence, or within 400 feet of that person's residence if this area is not available for parking due to curb configuration or codified parking restrictions.
3. 
The oversized vehicle overnight parking permit shall be prominently displayed in the lower driver's side of the windshield or the nearest window of the vehicle. The permit shall be clearly visible from the exterior of the oversized vehicle and shall not cover the vehicle identification number. Trailers shall display the permit on the side of the trailer so that the permit is visible from the street.
4. 
The oversized vehicle shall not be used for camping, lodging, residing or for accommodation purposes. Nothing in this section shall be construed to permit sleeping or camping in a vehicle as prohibited by the Carlsbad Municipal Code.
5. 
All oversized vehicle permit holders shall comply with the City of Carlsbad street sweeping parking regulations pursuant to Carlsbad Municipal Code Section 10.40.150.
6. 
The City Manager or designee may deny or revoke an oversized vehicle overnight parking permit if, upon a review of the location where the oversized vehicle will be parked, the City Manager or designee determines that it would create a traffic hazard or otherwise would adversely affect public safety, traffic flow or access.
F. 
Overnight Parking Permit Duration.
1. 
Each resident oversized vehicle overnight parking permit shall be valid for one year. A resident oversized vehicle permit allows a resident to park an oversized vehicle for four periods of up to 72 consecutive hours per calendar month. The oversized vehicle must be absent from the location authorized by subsection (E)(2) of this section for a minimum of 24 consecutive hours to be lawfully parked overnight at the location again.
2. 
Each oversized vehicle overnight parking permit issued to an out-of-town visitor shall be valid for a maximum of 72 hours.
3. 
No more than six out-of-town visitor permits shall be issued to a resident in a calendar year.
G. 
Fraudulent Permit Penalty. Every person who displays a fraudulent, forged, altered or counterfeit oversized vehicle parking permit or permit number is guilty of a misdemeanor.
H. 
Overnight Parking Permit Denial. The city may deny the issuance of an oversized vehicle overnight parking permit for up to one year if the City Manager or designee finds that any of the following conditions exist:
1. 
The applicant or the person the applicant is visiting is not a bona fide resident.
2. 
The resident or out-of-town visitor guests of a resident have been issued two or more citations in the same calendar year for either exceeding the allotted 72-hour permit time and/or parking greater than 400 feet from the designated residence or land owned address.
3. 
The out-of-town visitor is not a guest of the resident applicant.
4. 
An owner of an oversized vehicle has procured any oversized vehicle parking permit through fraud or misrepresentation, for example, the information submitted by the applicant is materially false.
5. 
The hotel or motel establishment is issuing oversized vehicle permits to non-paying guests of the commercial establishment and/or the guests are camping in the vehicle rather than residing in the commercial establishment.
(Ord. CS-204 § I, 2013)
A. 
Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Actively charging"
means the time during which the connector from the charger at a charging station is inserted into the inlet and electrical power is being transferred for the purpose of recharging the electric vehicle's onboard batteries.
"Battery electric vehicle"
means a vehicle fueled entirely by electricity stored in the onboard battery. This type of vehicle is often referred to as a zero emission vehicle.
"Charger"
means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries or other energy storage devices within electric vehicles.
"Connected"
means the connector of an electric vehicle charging station is inserted into the inlet for an electric vehicle.
"Connector"
means a device inserted into the inlet for an electric vehicle that establishes an electrical connection from the charger to the electric vehicle for the purpose of charging and exchanging information.
"Electric vehicle"
means either a battery electric vehicle or a plug-in hybrid electric vehicle.
"Electric vehicle charging equipment"
means fueling equipment which provides electric energy for the purpose of charging electric vehicles.
"Electric vehicle charging station"
means a parking stall or space designated by the city Traffic Engineer or designee in accordance with State Vehicle Code Section 22511 for the exclusive purpose of charging an electric vehicle located on a public street or a publicly owned or operated off-street parking facility.
"Inlet"
means the device on the electric vehicle into which the connector is inserted for charging and information exchange.
"Off-street parking facility"
means any publicly or privately owned off-street parking facility held open for use by the public for parking vehicles where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.
"Park or parking"
has the same meaning as defined in State Vehicle Code Section 463, as it may be amended from time to time.
"Plug-in hybrid electric vehicle"
means a vehicle that is fueled by both a battery and another fuel source, such as a gasoline-powered internal combustion engine. Plug-in hybrid electric vehicles run on electricity from the onboard battery until the battery is exhausted and then switches to an alternate power source.
"Storage garage"
has the same meaning as "garage" as defined in State Vehicle Code Section 340, as it may be amended from time to time.
"Vehicle enforcement official"
means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the State Penal Code, as it may be amended from time to time, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the City of Carlsbad.
"Vehicle owner"
means the vehicle's registered and legal owners of record, or their agents.
B. 
Restrictions.
1. 
It is unlawful to park or leave standing any vehicle in an electric vehicle charging station, unless the vehicle is an electric vehicle that is actively charging as indicated by the electric vehicle charging station monitor display, or unless the connected electric vehicle has not exceeded any applicable parking time limit, whichever duration is greater.
2. 
It is unlawful to obstruct, block or otherwise bar access to an electric vehicle charging station, unless as otherwise authorized by subsection (B)(1) above.
C. 
Vehicle Removal and Storage.
1. 
Removal. Subject to the signage requirements set forth in State Vehicle Code Section 22511, a vehicle enforcement official may remove, or cause to be removed, any vehicle found in violation of this section. The Carlsbad Police Department must be notified in the event of any such vehicle removal.
2. 
Storage. Any unauthorized vehicle shall be removed to the nearest storage garage.
3. 
Post-storage notice and hearing.
a. 
Whenever a vehicle enforcement official directs the storage of an unauthorized vehicle as permitted by this section, the vehicle enforcement official shall provide the vehicle owner(s) with the opportunity for a post-storage hearing.
b. 
A notice of the storage shall be mailed or personally delivered to the vehicle owner(s) within 48 hours, excluding weekends and holidays, and shall include all of the following information:
i. 
The name, address, and telephone number of the vehicle enforcement official's agency providing the notice.
ii. 
The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage.
iii. 
The authority and purpose for the removal of the vehicle.
iv. 
A statement that, in order to receive their post-storage hearing, the vehicle owner(s) shall request an administrative hearing within 10 days of the date appearing on the notice using a request for hearing form (available on the city's website) and returning it to the office of the City Clerk.
c. 
The post-storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays.
d. 
The post-storage hearing shall be conducted by an administrative hearing officer in accordance with the following provisions:
i. 
The failure of a vehicle owner(s) to appear at the hearing shall constitute a failure to exhaust their administrative remedies.
ii. 
The failure of a vehicle owner(s) to file an appeal shall constitute a waiver of any rights to an administrative determination of the merits of the vehicle storage notice and the amount of any administrative costs and fees.
iii. 
At the hearing, the vehicle owner(s) shall be given the opportunity to testify and to present evidence concerning the vehicle storage notice.
iv. 
The vehicle storage notice and any additional report submitted by the vehicle enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
v. 
The administrative hearing officer may continue the hearing and request additional information from the vehicle enforcement officer or the vehicle owner(s) prior to issuing a written decision.
vi. 
After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer shall issue a written decision that lists his/her reasons for upholding or canceling the vehicle storage notice. A written copy of the administrative hearing officer's decision shall be provided to the vehicle owner(s).
vii. 
The administrative hearing officer may assess the city's reasonable administrative costs, including any impound and storage fees and all costs incurred by the city from first discovery of the violations through the appeal process and until compliance is achieved, such as staff time for inspection of the violations, sending notices, and for preparing and attending any appeal hearing.
viii. 
The agency employing the vehicle enforcement official who directed the storage shall be responsible for the costs incurred for removal and storage if it is determined in the post-storage hearing that reasonable grounds for the storage are not established.
e. 
The administrative hearing officer's decision is the final administrative remedy without further administrative appeals.
4. 
This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to State Vehicle Code Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles impounded for investigation pursuant to State Vehicle Code Section 22655; nor does this section apply to abandoned vehicles removed pursuant to State Vehicle Code Section 22669 that are determined by the public agency to have an estimated value of $500.00 or less.
D. 
Severability. If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
(CS-360 § 2, 2019)
Editor's Note: Former Section 10.40.300 regarding parking on Carlsbad Boulevard was adopted by Ord. CS-372 § 2, 2020 as an Urgency Ordinance and has expired along with the expiration of the Local Emergency as a Result of the Spread of COVID-19.