Part 10 Stopping, Standing and Parking

No person shall stop, stand or park a vehicle within any parkway.

§ 3173 PARKING OF VEHICLES PROHIBITED—COMMERCIAL MOTOR VEHICLES, COMMERCIAL EQUIPMENT AND TRAILERS.

The driver of a vehicle shall not drive within any parkway except at a permanent or temporary driveway or in performance of work being performed by or authorized by the City.

(Added by Ord. 18-1402, adopted 11-13-18)

No person shall park or leave standing upon any public street or on public or private property, any commercial vehicle having a manufacturer's unladen weight in excess of 6,000 pounds or having a width in excess of 84 inches as measured at the widest portion of the body, not including mirrors or other extensions, or having a height in excess of 84 inches, or any trailer, or commercial equipment, irrespective of weight, upon any public street or on public or private property in the City, except:

When such vehicle is parked in an industrial zone, excluding parking buffer zones;

When such vehicle, trailer and/or commercial equipment is parked while being loaded or unloaded or in connection with, and in the aid of the performance of, a service to or on a property in the block in which such vehicle, trailer and/or commercial equipment is parked until such service is completed; or

When the vehicle, trailer or commercial equipment is immobile due to accident or mechanical breakdown, in which event said vehicle, trailer and/or commercial equipment may be parked for a period of time not to exceed eight hours.

When such trailer is attached to a motor vehicle capable of providing the motive power for moving the trailer upon the street, alley, public way or place.

Excluded from the provisions of this section shall be pick-up trucks as defined by California Vehicle Code Section 471 which are not used for commercial purposes or defined as a commercial vehicle pursuant to California Vehicle Code Section 260, and commercial vehicles, trailers and/or commercial equipment parked or stored on private, commercially zoned property, and owned or operated by the same commercial use.

Excluded from the provisions of this section shall be commercial vehicles, trailers and/or commercial equipment operated and parked by a registered transient guest of a motel or hotel if such commercial vehicle, trailer and/or commercial equipment is parked within approved designated vehicle parking areas upon the business premises of the motel or hotel. Vehicle parking areas for motels and hotels that first commence operation or change ownership on or after the effective date of the ordinance codified in this section shall be approved by the Planning Commission pursuant to the provisions of Section 9824 of the Downey Municipal Code (Conditional Use Permit).

Whenever a vehicle, trailer or commercial equipment is parked, stored or left standing in violation of this section, such vehicle or commercial equipment may be removed and stored.

(e)

Whenever the City Manager or designee shall determine that the parking or standing of vehicles on City property should be limited or prohibited in order to facilitate the orderly conduct of the City's business, the City Manager or designee shall direct the City Traffic Engineer to post signs indicating that the parking of vehicles is thus prohibited or limited and no person shall park contrary to nor in violation of the directions or provisions of such signs.

(f)

No person shall park any vehicle in any private driveway or upon any private property without the direct or implied consent of the owner or person in lawful possession of such private driveway or private property.

(g)

No person having the charge or control of a motor vehicle shall allow such vehicle to stand upon any street, alley, or parking lot upon which there is no attendant when such motor vehicle is unattended without first locking the ignition of such vehicle and removing the ignition key from such vehicle.

(h)

If parked or stored upon a public street or roadway, the vehicle and/or commercial equipment shall be parked or stored in compliance with all motor vehicle parking rules and regulations.

The City Manager or designee may determine that the parking or standing of vehicles described in this section on private or public property may be authorized in order to facilitate the orderly conduct of business. In no event, without prior City Council approval, shall time exceed 90 minutes per vehicle in any 24-hour period of time. The City Manager or designee will confirm any parking authorization in writing and may set any reasonable parameters within the 90 minute frame of time.

(j)

Excluded from the provisions of this section shall be the following defined street segments:

§ 3174 PARKING OF VEHICLES PROHIBITED—OVER HEIGHT VEHICLES AT INTERSECTIONS.

Washburn Road—Both sides of Washburn Road between Woodruff Avenue and Regentview Avenue.

(Added by Ord. 18-1402, adopted 11-13-18)

No person who owns or has possession, custody, or control of any vehicle which is six feet (6′) or more in height (including any load thereon) shall park or leave standing any such vehicle on a street or highway within one hundred feet (100′) of any intersection, at any location at which such prohibition is indicated by appropriate signs giving notice thereof. Vehicles found in violation of this section may be cited, or removed, or both in accordance with the provisions of the California Vehicle Code Section 22507(a).

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3175 SEVENTY-TWO-HOUR PARKING—GENERALLY.

No person who owns or has possession, custody, or control of any vehicle shall park or leave standing such a vehicle upon any street or alley for a period in excess of 72 consecutive hours. Upon written notice of a violation of this section, the vehicle must be driven at least one mile as evidenced by the vehicles' odometer, or the vehicle must be removed from the street or alley. In the event a vehicle is not moved as required or removed upon written notice of a violation or in the event a vehicle is parked or left standing upon a street in excess of a consecutive period of 72 hours, any member of the Police Department authorized by the Chief of Police may remove the vehicle from the street or alley in the manner and subject to the requirements of California Vehicle Code Section 22650, et seq.

§ 3176 PARKING OF VEHICLES PROHIBITED—FOR CERTAIN PURPOSES.

No person who owns or has possession, custody, or control of any dismantled, wrecked, or inoperative vehicle shall park or leave standing such vehicle upon any street or alley for a period in excess of 72 hours. If such a vehicle is not removed from the street or alley within the consecutive period of 72 hours, any member of the Police Department authorized by the Chief of Police may remove the vehicle from the street or alley in the manner and subject to the requirements of California Vehicle Code commencing with Section 22650, et seq.

(Added by Ord. 18-1402, adopted 11-13-18)

No person shall perform maintenance or repairs of any vehicle or vessel while such vehicle or vessel is parked upon a roadway.

As used in this section, "maintenance" shall include washing, greasing, changing of oil, or any other action which could result in hazardous materials or other liquids being discharged onto the roadway or the storm drain.

§ 3177 PARKING OF VEHICLES PROHIBITED—NARROW STREETS.

As used in this section, neither "maintenance" nor "repairs" shall include the fixing or changing of a flat tire.

(Added by Ord. 18-1402, adopted 11-13-18)

The City Traffic Engineer is authorized to prohibit parking on certain City streets when the width of the City street does not exceed 27 feet and upon one side of a two-way City street when the width of the City street is in excess of 27 feet but does not exceed 32 feet.

§ 3179 PARKING OF VEHICLES PROHIBITED—ARTERIAL INTERSECTIONS.

The regulation will become effective when signs conforming to the requirements and standards of the CAMUTCD and City have been installed.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3178 (RESERVED)

(Added by Ord. 18-1402, adopted 11-13-18; repealed by Ord. 25-1522, 3/25/2025)

The City Traffic Engineer is authorized to establish areas of no parking, designated by signage or curb markings, hereafter designated as Intersection Vision Zones on Arterial/Local Street intersections. The length of the Intersection Vision Zone shall be determined by the City Traffic Engineer based on street conditions and traffic characteristics.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3180 PARKING OF VEHICLES PROHIBITED—MISCELLANEOUS.

The City Traffic Engineer is authorized to establish areas of no parking at:

Any place within 25 feet of an intersection in any business district except that a bus may stop at a designated bus stop.

Within 25 feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device.

Adjacent to any school property where such parking would interfere with traffic or create a hazardous situation.

§ 3181 PARKING OF VEHICLES PROHIBITED—FOR STREET CLEANING PURPOSES.

Any place where the City Traffic Engineer determines that it is necessary in order to eliminate unusual traffic hazards or enhance traffic flow.

(Added by Ord. 18-1402, adopted 11-13-18)

Parking Prohibited for Street Sweeping Purposes. When signs are in place giving notice that parking is prohibited on a designated day at a designated time for street sweeping purposes, no person shall stop, stand, or park a vehicle on any street in the City for the specific day and specific time indicated on the regulatory signs.

The City Traffic Engineer is hereby authorized to erect signs City-wide indicating no parking upon any street during a designated day and time to facilitate street sweeping.

When signs are in place giving notice thereof, no person shall stop, stand, or park a vehicle on any street during the times set forth on such signs.

A disabled vehicle may be declared exempt from the parking restriction for a period not to exceed one street sweeping cycle subject to a note being placed on the windshield of the disabled vehicle by the person responsible for the vehicle briefly stating why the vehicle cannot be moved.

Parking Prohibited for Street Sweeping Purposes—Exemptions.

Permits exempting vehicles from the posted on-street parking restrictions for street sweeping purposes may be obtained by residents at the annual cost specified in the City's Fee Resolution. The owners or occupants of a single-family residential household may obtain a maximum of two permits. The owners or occupants of multi-family households such as apartments, condominiums or duplexes may obtain one permit per dwelling unit. The permits shall be affixed to the rear bumper of the owners' or occupants' vehicles.

Permits may be obtained by construction contractors exempting their vehicles from the posted on-street street sweeping parking restrictions while construction work is in progress on a project-by-project basis may be obtained at the cost as specified in the City's fee resolution. The permits shall remain visible at all times by being placed in the contractor's vehicle on the dashboard while the vehicle is parked on the street.

§ 3182 PARKING OF VEHICLES PROHIBITED—All NIGHT PARKING.

The street sweeping parking prohibition exemption is not applicable for any other parking prohibition or restriction that may be in-place on the subject street block.

(Added by Ord. 18-1402, adopted 11-13-18)

Upon the erection of signs giving notice of the parking restriction, no person shall stop, stand or park a vehicle on any street in the City for a period of time longer than 30 minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3182.5 PARKING OF VEHICLES PROHIBITED—OVERSIZED VEHICLES AND RECREATIONAL VEHICLES.

Long-Term Parking Prohibited. Unless otherwise exempted by this section, no person shall stop, stand, park, or leave standing any oversized vehicle (including any recreational vehicle) on any public street, alley, or highway within the City for a period exceeding four consecutive hours.

For purposes of this section, any oversized vehicle that is moved from one location or parking space ("original space") to a different location or parking place on the same block (as defined by Section 3199.1 of this Code) shall be deemed to be parked at the same original space.

Overnight Parking Prohibited. Unless otherwise exempted by this section, no person shall stop, stand, park, or leave standing any oversized vehicle (including any recreational vehicle) on any public street, alley, or highway within the City – or in any parking lot or structure owned, controlled, or operated by the City during the hours of 8:00 p.m. and 7:00 a.m. of the succeeding day.

Exemptions. Sections 3182.5(a) and 3182.5(b) of this Code shall not apply to the following oversized vehicles:

Any oversized vehicle – except recreational vehicles – actively engaged in loading or unloading of goods, wares, merchandise, or passengers from or to any building or structure.

Any oversized vehicles actively engaged in loading or unloading of goods, wares, merchandise, or passengers shall park at the street curb immediately adjacent to the residence or building from or to which the goods, wares, merchandise, or persons are being loaded or unloaded, or within 500 feet of the residence or building if the area is not available for parking due to curb configuration or codified parking restrictions.

Any oversized vehicle parked or left standing on a public street or highway in connection with, and in aid of, the active performance of a service to or on a property in the block of which the oversized vehicle is parked or left standing.

Any oversized vehicle belonging to a Federal, State, or local governmental agency, or a public utility, while the operator of the vehicle is conducting official business.

Any school bus involved in the transportation of students, or to any bus used for the transportation of youths, elderly, or disabled persons during the course of the activity for event or which they were transported. No bus shall be parked in excess of 30 minutes prior to or after the activity or event.

Any oversized vehicle lawfully parked, stopped, or standing in an authorized commercial loading zone.

(6)

Any oversized vehicle involved in an emergency or being repaired under emergency conditions.

Emergency parking may be allowed for 24 consecutive hours when an oversized vehicle is left parked on a public street or highway because of a mechanical breakdown or because of physical incapacity of the driver or owner. The driver or owner shall notify the Downey Police Department of any mechanical breakdown or physical incapacity within 60 minutes of the emergency parking of the vehicle.

(7)

Any oversized vehicle engaged in activity allowed under a permit issued by the Department of Public Works.

(8)

Any Recreational Vehicle displaying a current and valid permit issued pursuant to the provisions of Section 3182.5(e) or 3182.5(f) of this Code

Notice. With the exception of as applied to alleys, the prohibitions and restrictions contained in Section 3182 shall not be effective until signs or markings providing adequate notice of the prohibitions and restrictions of Section 3182 have been erected, installed, or placed in accordance with California Vehicle Code Section 22507.

(e)

Temporary Parking Permit for Recreational Vehicles. In a manner that is consistent with the provisions of this section, the City Manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits authorizing the temporary parking of recreational vehicles on a public street to any resident of the City. No permit authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the City.

Application. Any City resident seeking a permit for the temporary parking of a recreational vehicle on a public street shall submit a completed application, on a City-approved form, to the City Manager (or designee thereof). Said application shall be accompanied by a fee as set by Council resolution, and shall contain, at a minimum, the following:

The name and address of the City resident requesting the permit;

Proof of residency in a manner approved by the City Manager (or designee thereof);

The make and model of the recreational vehicle to be temporarily parked on a public street, along with the Vehicle Identification Number and/or license plate number;

Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or, alternatively, a statement under penalty of perjury that the owner or person in possession and control of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the City Manager (or designee thereof);

(v)

A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, sleeping, or other accommodation purposes while parked on the public street;

(vi)

The signature of the resident/applicant; and

(vii)

Such other information as the City Manager (or designee thereof) deems necessary for the administration and enforcement of this chapter as specified on the application form required by this section.

Quantity. No more than 15 permits for the temporary parking of a recreational vehicle on a public street shall be issued relating to any one address in any one calendar year.

Duration. No permit issued pursuant to this section for the temporary parking of a recreational vehicle on a public street shall be valid for a period exceeding 72 hours.

Frequency. No permit issued pursuant to this section for the temporary parking of a recreational vehicle on a public street shall be valid for any period of time within 24 hours of the expiration of another permit for the same address.

Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this section unless it is located on either side of the street of the same block (as defined by Section 3199.1 of this Code) as the resident's address.

(6)

Dangerous Traffic Safety Condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:

Blocks or hinders a traffic lane;

Blocks or interferes with critical sight lines for driveways, alleyways, or streets;

Blocks or hinders the visibility of a traffic control device; or

Is within one hundred feet (100′) of any intersection in violation of Section 3174 of this Code.

(7)

Where strict adherence to Section 3128.5(e)(5) results in a violation of Subsection 3122.5.5(e)(6), the City Manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.

(f)

Disability Parking Permit for Recreational Vehicles. In a manner that is consistent with the provisions of this section, the City Manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits authorizing the temporary parking of recreational vehicles on a public street to any resident of the City who possesses a distinguishing disabled placard or license plate property issued pursuant to the California Vehicle Code. No permit issued pursuant to this section authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the City.

The name and address of the City resident requesting the permit;

Proof of residency in a manner approved by the City Manager (or designee thereof);

The make and model of the recreational vehicle to be temporarily parked on a public street, along with the Vehicle Identification Number and/or license plate number;

Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or, alternatively, a statement under penalty of perjury that the owner of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the City Manager (or designee thereof);

(v)

Proof of a valid disabled license plate issued pursuant for the recreational vehicle or a disabled placard properly issued pursuant to the California Vehicle Code;

(vi)

Proof in a manner approved by the City Manager (or designee thereof) that the proposed parking location is necessary to provide access to a specific fixed residential address sited with a lawful dwelling unit at which the person resides or to a specific facility or facilities at which the person is employed or receives services;

(vii)

Proof in a manner approved by the City Manager (or designee thereof) that by reason of the disability which warranted issuance of the California distinguishing placard or license plate, the recreational vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the City's on-street parking regulations is warranted under State and Federal law;

(viii)

A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, or other accommodation purposes while parked on the public street;

(ix)

The signature of the resident/applicant; and

(x)

Such other information as the City Manager (or designee thereof) deems necessary for the administration and enforcement of this chapter as specified on the application form required by this section.

Duration. A parking permit issued under the provisions of this section shall be valid as long as the person remains disabled, but for no longer than 12 months.

Renewal. Any person seeking to renew a permit issued pursuant to the provisions of this section shall submit to the City Manager (or designee thereof) a new application with all information set forth under Section 3182.5(f)(1), accompanied by a fee as set by Council resolution, at least 30 calendar days prior to expiration.

Blocks or hinders a traffic lane;

Blocks or interferes with critical sight lines for driveways, alleyways, or streets;

Blocks or hinders the visibility of a traffic control device.

(6)

Where strict adherence to Section 3182.5(f)(4) results in a violation of Section 3182.5(f)(5), the City Manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.

(g)

Applicability of Other Laws.

Nothing in this section shall negate any other obligation, restriction, or regulation pertaining to the operation or parking of vehicles (including recreational vehicles and other oversized vehicles) set forth in the California Vehicle Code, this Code, or other applicable law; and nothing in this section shall limit or preclude the enforcement of other laws applicable to the operation or parking of oversized vehicles (including recreational vehicles).

If a vehicle is classified as both an oversized vehicle (as defined in Section 3120.5 of this Code) and a commercial vehicle (as regulated in Section 3173 of this Code), the more restrictive regulation set forth in this Code pertaining to the stopping, standing, or parking of said vehicle shall apply.

(h)

Penalty. Notwithstanding Section 1200 of this Code, a violation of this section is subject to a civil penalty in accordance with California Vehicle Code Section 40200.

(Added by Ord. 23-1504, adopted 3-14-23)

§ 3183 TOW AWAY ZONES.

Public Right-of-Way. The City may establish no parking zones from which vehicles may be removed by towing or other lawful means. The zones so established shall be posted with signs warning that vehicles parked in such zone will be subject to towing or removal. Each no parking zone shall be deemed effective when the area described is posted with such signs. After such posting, it shall be unlawful for any person to park or leave standing any vehicle in the posted zone and the vehicle may be removed under the direction of any police officer or authorized traffic enforcement officer.

Private Property. The authority and the requirements which must be satisfied by the owner or person in lawful position of private property before causing removal of a vehicle from that property are set forth in California Vehicle Code Section 22658. These requirements are precise and should be adhered to carefully. Failure to adhere to these requirements may result in liability for the owner or person in lawful possession of the private property.

The minimum requirements for warning signs to be placed on private property are:

The outside dimensions of each sign shall be no less than 18 inches by 24 inches.

Each sign shall state clearly "NO PARKING – TOW AWAY" and "UNAUTHORIZED VEHICLES WILL BE TOWED AWAY AT VEHICLE OWNER'S EXPENSE."

Each sign shall display clearly the telephone number of the Downey Police Department. The Downey Police Department may be abbreviated as "D.P.D."

Each sign shall display clearly the legal authority for the removal of the vehicle from private property, which is California Vehicle Code Section 22658 and Downey Municipal Code Section 3183(b). The California Vehicle Code Section may be abbreviated as "C.V.C. Sec. 22658" and the Downey Municipal Code Section as "D.M.C. 3183(b)."

§ 3184 PRIVATE PARKING—VEHICLE IMPOUND FEES AND PENALTIES.

Signs shall be posted conspicuously at each entrance and exit of the property or posted within the property at not more than 150 feet apart.

(Added by Ord. 18-1402, adopted 11-13-18)

The owner or person responsible for any vehicle impounded by a tow company from private property in the City of Downey under the provisions of the California Vehicle Code shall pay, in accordance with the provisions of this chapter, a fee in the amount of $500, or such other amount as the City Council may establish from time to time by resolution for the processing and recordation of notices of the impound of such person's vehicle. Such fee shall be connected by the tow company impounding the vehicle at the time of collection of its own towing and/or impound fees and shall be paid to the City each month within 10 days after the close of the calendar month for which payment is due. Each towing company shall provide to the City, on a monthly basis concurrently with its monthly payment, a summary report of all such impounds and fees collected in such form and/or detail as the Chief of Police may specify from time to time, and shall make available to the City upon request any and all records of the information necessary to verify such report upon the request of the City.

§ 3185 SIGNS OR MARKINGS DESIGNATING ON-STREET PARKING SPACES.

Any person violating any provisions of this section shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $500, or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment.

(Added by Ord. 18-1402, adopted 11-13-18)

The City Traffic Engineer may establish, designate, and maintain parking spaces on any public street for parallel parking when the City Traffic Engineer determines that the uncontrolled parking of vehicles at such location reduces the parking capacity or causes traffic congestion by motorists attempting to park. Such parking spaces shall be delineated by white "T" markings placed upon the surface of the public street or portion thereof. When markings are in-place designating spaces for parking, no person shall park a vehicle except entirely within such parking space markings.

Whenever parallel parking places are marked, a vehicle or combination of connected vehicles exceeding the dimensions of such space may also occupy one or more adjoining spaces provided all other provisions of this chapter are observed.

Whenever the provisions of this Code designate and describe any street, or portion thereof, upon which angle parking shall be permitted, the City Traffic Engineer shall mark such street indicating the angle at which vehicles shall be parked. When markings are in-place designating the angle for parking, no person shall park a vehicle except entirely between the lines indicating angle parking.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3186 ANGLE PARKING PERMITTED.

For the purposes of this section, angle parking is permitted at the following locations. No operator shall stand or park any vehicle in an angle parking space unless the right front wheel of said vehicle is against the curb, and the vehicle is headed toward the curb in the direction of traffic at an angle as indicated by paint stripes on the pavement.

Downey Avenue. West side, between Second Street and Firestone Boulevard.

§ 3187 PERMITS FOR LOADING OR UNLOADING VEHICLES AT AN ANGLE TO THE CURB.

Columbia Way. East side, between James Street and Lakewood Boulevard.

(Added by Ord. 18-1402, adopted 11-13-18)

The Director of Public Works or designee is hereby authorized to issue special permits to allow the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized therein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. Loading or unloading at an angle to the curb will not be permitted on arterial streets on Mondays through Saturdays from 7:00 – 9:00 a.m. and 4:00 – 6:00 p.m.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3188 PARKING ON HILLS.

No person shall park or leave standing any vehicle unattended on a public street within any business or residence district when the street grade exceeds 3% without blocking the wheels of such vehicle by turning them against the curb or by other means.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3189 PARKING REGULATIONS FOR PEDDLERS AND VENDORS.

Except as otherwise provided in this section, no person shall stand or park any vehicle, trailer, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, ice cream or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, on any portion of any street or within 1,000 feet of a school or 300 feet of any park; provided, however, that on any portion of any street in excess of 300 feet of a school or in excess of 300 feet of any park between the hours of 9:00 a.m. and one-half hour before sunset such vehicles, trailers, wagons, or pushcarts may stand or park in a legal manner at the request of a person for a period of time not to exceed 10 minutes at any one place. Any such permitted sales shall only be conducted with the vending vehicle parked at curbside and all customers must remain out of the street. The provisions of this subsection shall not apply to persons delivering such articles upon the order of, or by agreement with a customer from a store or other fixed place of business or distribution, nor shall this subsection apply to licensed catering vehicles using public streets to travel to and from properties to provide authorized catering services.

No person shall park or stand on any public street, any lunch wagon, eating cart, or vehicle or pushcart from which tamales, peanuts, popcorn, candy, or other articles of food are sold or offered for sale without first obtaining an encroachment permit to do so from the Department of Public Works or designee which shall designate the specific location in which such cart shall stand.

No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle, trailer or wagon without first obtaining a written permit, permit to do so from the Department of Public Works or designee which shall designate the specific location where such vehicle may stand.

§ 3190 EMERGENCY PARKING RESTRICTIONS IMPLEMENTED BY CITY TRAFFIC ENGINEER.

Whenever any permit is granted pursuant to the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, trailer or wagon or pushcart on any location other than as designated in such permit. In the event the holder of any such permit is convicted in any court of competent jurisdiction for violation of any of the provisions of this section, such permit shall be forthwith revoked by the Director of Public Works or designee upon the filing of the record of such conviction with the Director of Public Works or designee, and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation.

(Added by Ord. 18-1402, adopted 11-13-18)

Whenever the City Traffic Engineer shall determine that any emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions or for other reasons, the City Traffic Engineer shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking, or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the City Traffic Engineer shall cause such signs to be removed promptly thereafter.

(Added by Ord. 18-1402, adopted 11-13-18)

§ 3191 VEHICLES TRANSPORTING HAZARDOUS MATERIALS.

No person shall leave any vehicle transporting a flammable liquid, hazardous material or substance, as identified in Title 49 of the Code of Federal Regulations, unattended on any public street, shoulder, alley, public way, public place or private property in the City of Downey except that this shall not prevent:

The necessary absence of the operator in connection with loading or unloading the vehicle;

The parking of the vehicle inside a bulk plant, chemical plant or processing plant and 25 feet from any property line or within a building approved for such use;

The parking of the vehicle at other private property locations not less than 100 feet from any building except those approved for the storage or servicing of such vehicles;

The operator, in case of breakdown or emergency, from leaving the vehicle to take necessary action to correct the emergency. The operator shall notify the Police or Fire Department of the emergency and intention to leave the vehicle.

Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel delivery vehicles and vehicles delivering life support and health commodities, while servicing residential areas or schools, are exempt from the provisions of subsection (a) of this section. Additionally, such exempt vehicles need not be attended while the operators are performing duties that are evident and necessary as the operator of the vehicles or the provider of the service.

For the purpose of this section:

A motor vehicle is attended when the person in charge of the vehicle is an operator as defined herein and is in the vehicle, awake, and not in a sleeper berth;

An operator, as defined herein, is a person who:

Has been designated by the carrier to attend the vehicle,

Is aware of the nature of the hazardous material or substance contained in the vehicle attended by the operator,

Has been instructed on the procedures the operator must follow in emergencies concerning hazardous materials or substances,

Is authorized to move the vehicle and has the means and ability to do so.