Except as provided in Section 10.80.020 or otherwise expressly provided to the contrary herein, no person shall park, stop, or leave standing on any public street, park road, alley or rights-of-way in the city any oversized vehicle between the hours of two a.m. and four a.m. For purposes of this section, an oversized vehicle that is moved to a location or parking place that is within two hundred feet of its original location or parking place shall be deemed to be parked at the same original location.
(Ord. 1106 § 4, 2017)
The provisions of Section 10.08.010 of this chapter shall not apply to any of the following:
A.
Emergency stopping, standing or parking of an oversized vehicle when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device pursuant to Sections 10.40.040, 10.40.070 and 10.52.010 of this code.
C.
Any vehicle displaying a valid permit issued pursuant to Section 5.61.050 or 15.50.550(B) of this code.
D.
A vehicle displaying a valid temporary parking permit issued by the city pursuant to Section 10.80.030 of this code.
E.
A person
who is making emergency repairs to an oversized vehicle.
(Ord. 1106 § 4, 2017)
A.
The
city manager or duly authorized representative has the authority to
adopt procedural rules and regulations governing the permit process,
and to issue a temporary parking permit for the parking of oversized
vehicles on a public street to any resident, tenant or property owner
of the city or a bona fide guest for a period of forty-eight hours.
The city manager or duly authorized representative, shall issue a
temporary parking permit at no cost to any resident of the city, for
the parking of an oversized vehicle that belongs to that resident,
or a bona fide guest of the household in which such resident resides,
provided the following conditions are met:
1.
The
permit is obtained by a resident of the property where the oversized
vehicle will be parked in accordance with this section. Proof of residency
and proof of oversized vehicle ownership or use and control shall
be demonstrated in a manner determined by the city manager.
2.
The
permit shall state the address of the resident and the permit shall
only be valid within the same block as the resident's address, on
either side of the street.
3.
Not
more than four permits shall be issued for any specific oversized
vehicle within any given calendar month. Permits may not be issued
for consecutive periods, and there must be a minimum of forty-eight
consecutive hours between the issuance of permits for a specific property
or a specific oversized vehicle.
4.
The
oversized vehicle shall not be used for overnight camping, lodging,
residing in, or any use for accommodation purposes.
5.
The
oversized vehicle shall not visibly block or obscure any existing
safety or traffic control device and shall otherwise meet all other
parking requirements for the street upon which it is parked.
6.
The
city manager or designee determines that the parking of the oversized
vehicle would not create a public safety hazard. Such a determination
may be made based on factors, including, without limitation, the size
of the oversized vehicle, the configuration of the street or the location
of any nearby trees, improvements or structures.
B.
The
city manager or duly authorized representative shall have the authority
to extend the duration of the temporary parking permit issued by the
city for a reasonable period of time if the city manager finds that
there is just cause or is in the furtherance of justice. An extension
hereunder shall be in writing.
(Ord. 1106 § 4, 2017)
A.
It is unlawful for any person to whom a permit is issued pursuant to Section 10.80.030 of this chapter to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration.
B.
It is unlawful for any person to borrow, buy or otherwise acquire for value or use or display any parking permit, except as provided for in Section 10.80.030 of this chapter.
C.
Each permit issued pursuant to Section 10.80.030 of this chapter shall be subject to all of the conditions and restrictions set forth in Section 10.80.030 of this chapter. The issuance of such permit shall not be construed to be a permit for or approval of any violation of any provision of this code or any other law or regulation.
(Ord. 1106 § 4, 2017)
A.
First
Violation. Upon the first violation of this chapter, a parking enforcement
officer or duly authorized representative shall issue a written warning
to the responsible party describing the violation requiring correction.
If an individual cannot be located, the written notice of violation
shall be placed on the offending oversized vehicle.
B.
Second
Violation. If a second violation of this chapter occurs within a twelve-month
period, a violator shall be issued a citation.
C.
Third
Violation. If a third violation of this chapter occurs within a twelve-month
period, a violator shall be issued a citation and the oversized vehicle
may be towed and impounded at the owner's expense.
D.
Any person who violates any provision of this chapter, or fails to comply with any obligation or requirement of this chapter, or who fails to comply with any order or notice issued pursuant to the provisions of this chapter, is guilty of a misdemeanor offense punishable in accordance with Chapter 1.20.010 of Title 1 of this code.
E.
Nothing in this chapter shall prevent the city attorney or city prosecutor from prosecuting a violation of this chapter as an infraction, at his or her discretion, as set forth in Chapter 1.20.010 of Title 1 of this code.
F.
Nothing in this chapter shall prevent any city enforcement officer from the enforcement of this chapter in accordance with Chapter 1.30 of Title 1 of this code or issuing an administrative citation for violations of the provisions of this chapter, as set forth in Chapter 8.16 of Title 8 of this code.
G.
Each
person shall be guilty of a separate offense for each and every day,
or part thereof, during which a violation of this chapter, or of any
law or regulation referenced herein, is allowed, committed, continued,
maintained or permitted by such person, and shall be punishable accordingly.
H.
Notwithstanding the above, at the discretion of the city, a violation of this chapter is subject to civil penalty and shall be governed by the civil administrative procedures set forth in Chapter 1.30 of this code.
I.
Public
Nuisance. In addition to the penalties provided by this chapter, any
condition or activity caused or permitted to exist in violation of
any provision, restriction, or requirement of this chapter or any
notice, order, or permit issued pursuant to this chapter, shall be
deemed a public nuisance and may be summarily abated by the city by
any and all means (civil, administrative, and/or equitable) as provided
by law or in equity.
(Ord. 1106 § 4, 2017)
