a. 
No person driving, in control of, or in charge of any vehicle shall stand or park if on any street or highway where the grade exceeds 3%, in any business or residential district as defined by the California Vehicle Code, without setting the brakes and blocking the wheels of the vehicle by turning them against the curb or by other means.
b. 
Any person violating this section shall be punished as provided in Vehicle Code Section 42001.
a. 
Prohibition. No person shall stand or park a commercial vehicle on public or private property in any residential district as defined by subsection (b) of this section unless such vehicle is permitted through a home based business permit or exempted per subsection (c) of this section. For the purpose of this subsection a "commercial vehicle" means any vehicle defined by California Motor Vehicle Code Section 15210.
b. 
Residential District. For the purposes of this section, "residential district" shall be defined as any residential zoning district listed in the City of Oakley Zoning Ordinance, including any area zoned P-1 that has residential uses, or any area designated for residential uses in the City of Oakley General Plan. This definition includes any highway or street that abuts a residential district.
c. 
Exemptions. This section does not apply to any commercial vehicle actively making any delivery or pick-up of goods, wares, building materials and merchandise to any dwelling or structure located in a residential district. The term "commercial vehicle" does not include recreational vehicles, such as camping trailers, motor homes, and recreational boats on trailers. The term "commercial vehicle" also does not include any pickup truck, whether having commercial license plates or not. The term "commercial vehicle" also does not include a moving truck being used for the purposes of moving.
d. 
Punishment. Any person violating this section shall be punished as provided in Vehicle Code Section 42001.
(Urgency Ord. 17-06, 9/25/2006; Ord. 18-06, 10/9/2006; Ord. 05-14, 5/13/2014)
a. 
Application of Regulations.
1) 
The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with directions of a police officer or official traffic control device.
2) 
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or this chapter prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
3) 
In addition to any other persons authorized by law, any employee of the City classified as a Police Service Aide or Parking Enforcement Officer is authorized to give the notice required by the Vehicle Code of the State of California of any violation of this Code or of local regulations governing the stopping, standing or parking of vehicles.
b. 
Use of streets or public parking facilities for storage of vehicles.
1) 
No person who owns or has possession, custody, or control of any vehicle shall park or leave such vehicle standing upon any highway, street or alley or public parking facility for a period of five or more consecutive hour days.
a) 
For the purposes of this section, a vehicle shall be considered to have been parked or left standing for five or more consecutive days if it has not been moved 100 or more feet in that time.
2) 
Prior to removing any vehicle, notice shall be affixed to the vehicle advising that the vehicle will be removed for violation of this section, five days after providing such notice, unless before the expiration of that five-day period, the odometer shows that the vehicle has been moved at least 100 feet or more. The Police Department may adopt regulations to define special circumstances under which the owner of a vehicle in violation of this chapter will receive a second five-day notice prior to removal of the vehicle.
3) 
In the event a vehicle is parked or left standing upon a highway, street or alley or public parking facility in excess of a consecutive period of five or more consecutive days, any member of the Police Department authorized by the Chief of Police may remove such vehicle from the street as authorized by the California Vehicle Code and subject to the provisions of this section.
c. 
Adoption of supplemental regulations. The Police Department may adopt additional regulations for the implementation of the provisions of this chapter, including but not limited to the definition of special circumstances under which the owner of a vehicle in violation of this chapter will be provided with a second five-day notice prior to the removal of the vehicle from the public streets.
The City Engineer may cause municipal roads to be marked with white lines designating parking spaces. Where parking spaces have been so designated, no vehicle shall be parked except within such marked spaces.
The City Engineer may have signs placed giving notice that vehicles may be removed from any municipal road, and twenty-four (24) hours thereafter may have the vehicle removed in accordance with the provisions of this code and the Vehicle Code, when:
a. 
The use of any municipal road, or a portion thereof, is either:
1) 
Necessary for the cleaning, repair or construction of the road or for the installation of underground utilities; or
2) 
Authorized by permit for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size; and the parking of any vehicle would prevent or interfere with any such use; or
b. 
A vehicle is illegally on a municipal road in violation of a municipal traffic ordinance or resolution forbidding standing or parking.
Pursuant to the authority contained in Vehicle Code Section 35700, trucks, and vehicle combinations transporting garbage, rubbish and/or swill shall be deemed in compliance with Vehicle Code Sections 35550 and 35551 if the maximum gross weight imposed on City Highways in subsection (b) by the wheels on any one axle is not over twenty-three thousand (23,000) pounds and the gross weight on the wheel(s) supporting one end of an axle and resetting on the roadway is not over twelve thousand five hundred (12,500) pounds.
It is unlawful and a public nuisance for any person to operate, drive, or park any motor or recreational vehicle, including but not limited to cars, trucks, SUVs, motor homes, boats, trailers, ATVs, motorcycles, and commercial haulers, in, over or upon a private driveway of a vacant parcel or a private vacant parcel without the express permission of the owner of the private driveway of the vacant parcel or private vacant parcel, or person in lawful possession of the private driveway of the vacant parcel or private vacant parcel, or the authorized agent of either if a sign has been posted prohibiting such activity or if a person engages in such activity after a warning citation has first been issued to such person. A code enforcement officer or other officer with citation authority may request from any person proof of consent from the owner, person in lawful possession or the authorized agent of either.
Any person not in compliance with this section shall be guilty of an infraction and shall incur a fine as set forth in Section 1.5.002(d). Any person may appeal a fine as set forth in Section 1.8.002.
(Ord. 04-11, 3/22/2011)