Chapter 8.15
PARKING

Sections:

Article I. General Provisions

8.15.010    Street parking restrictions.

8.15.020    Alley parking restrictions.

8.15.030    Diagonal parking – Defined – Double parking.

8.15.040    Crosswalks.

8.15.050    Posted premises.

8.15.060    In excess of 72 hours – Maintenance or repairs.

8.15.070    Violations.

8.15.075    Penalties.

8.15.077    Impoundment fees.

Article II. Temporary Parking Lots

8.15.080    Purpose.

8.15.090    Application and review.

8.15.100    Improvements and operations.

8.15.110    Revocation of permit.

8.15.120    Penalties.

Article III. Street Sweeping

8.15.130    Parking restrictions.

8.15.140    Modification of provisions.

8.15.150    Violation – Penalty.

Article IV. Street Parking Permit Program

8.15.200    Purpose.

8.15.210    Street parking permit application.

8.15.220    Conditions necessary for street parking permit approval.

8.15.230    Vehicle restrictions for street parking permit approval.

8.15.240    Street parking permit conditions.

8.15.250    Revocation of street parking permit.

8.15.260    Declaration of public nuisance.

8.15.270    Effect of permit.

8.15.280    Cost of permit.

Article I. General Provisions

8.15.010 Street parking restrictions.

(1) “B” Street.

(a) It shall be unlawful for commercial vehicles with gross weight of over three tons to park on either side of “B” Street.

(b) It shall be unlawful for any vehicle to park parallel to the curb on “B” Street between Sixth and Seventh Streets. Nothing herein contained shall prohibit diagonal parking of any vehicle, other than those specifically excluded herein, in the area described.

(2) Sixth Street. Parking of vehicles, except emergency and road repair and maintenance vehicles, is prohibited at all times on the east side of Sixth Street beginning at a point 180 feet northerly of the centerline of “F” Street to the northerly end of Sixth Street.

(3) First Street.

(a) Except as provided below, it shall be unlawful, at all times, to park any automobile, truck, motor vehicle or vehicle of any kind on First Street between “B” and “C” Streets in the city of Biggs.

(b) The east side of First Street between the driveway exiting from the elementary school parking lot and “C” Street shall be reserved as a loading zone.

(4) “E” Street. It shall be unlawful for commercial vehicles with gross weight of over three tons to park on either side of “E” Street.

(5) Red Zone. It shall be unlawful to park in a red zone as provided by sign or by curb paint.

(6) Handicapped Zone. It shall be unlawful to park in a handicapped zone without a current, visible placard.

(7) Advertising Sign. Not used at this time.

(8) Vendor/Peddler. It shall be unlawful for a vendor or peddler to park in the public roadway.

(9) Fire Lane. It shall be unlawful to park in a fire lane.

(10) Intersection. It shall be unlawful to park in an intersection.

(11) Driveway. It shall be unlawful to park so as to block any driveway.

(12) Double Parking. It shall be unlawful to double park.

(13) Unlicensed Vehicle. It shall be unlawful to park an unlicensed vehicle on the public roadway.

(14) The city public works supervisor is hereby directed to place adequate signs identifying the parking restrictions on the streets herein affected. [Ord. 402 § 1, 2014; Ord. 350 § 1, 2005; Ord. 328 §§ 2, 3, 4, 2001; Ord. 249 § 1, 1983; Ord. 174 § 1, 1972; Ord. 167 §§ 1, 3, 1970; Ord. 144 §§ 2, 3, 1964; Ord. 123 §§ 1, 2, 1958]

8.15.020 Alley parking restrictions.

(1) The parking of motor vehicles or any vehicles is prohibited at all times in the following described alleys:

(a) Between Aleut and “B” Streets, from Sixth to Seventh Streets; and

(b) Between “B” and “C” Streets, from Sixth to Seventh Streets.

(2) This section shall not apply to police, fire, or other emergency vehicles or to commercial pickup and delivery vehicle. Said commercial vehicles shall be left unattended for nor more than 15 minutes while making a commercial pickup or delivery.

(3) Appropriate signs shall be erected by the director of public works. [Ord. 228 §§ 2, 3, 4, 1981]

8.15.030 Diagonal parking – Defined – Double parking.

(1) “Diagonal parking” means the parking of a motor vehicle at an angle of 45 degrees more or less, from the curb, with the right front wheel in contact with the curb.

(2) It shall be unlawful for a vehicle diagonally parked to occupy more than one parking space, as said parking spaces are painted and delineated upon the pavement.

(3) It shall be unlawful to park in a diagonal space with the front wheel at a distance of greater than six inches. [Ord. 402 § 2, 2014; Ord. 144 §§ 4, 5, 1964]

8.15.040 Crosswalks.

It shall be unlawful for any vehicle to park on crosswalks at any intersection in the city of Biggs. [Ord. 144 § 6, 1964]

8.15.050 Posted premises.

(1) It shall be unlawful for any person to park a vehicle upon private property when said property has been posted in conformance with Vehicle Code Section 22658.

(2) Said posted signs shall be readily visible from the parking areas located on said property.

(3) Persons leaving vehicles on the aforesaid premises in violation of this section shall be guilty of a misdemeanor and such vehicles shall be subject to being towed away and impounded under the provisions of Vehicle Code Section 22658.

(4) Violation of this section shall constitute a misdemeanor and shall be punishable as such. [Ord. 204 §§ 1 – 4, 1977]

8.15.060 In excess of 72 hours – Maintenance or repairs.

(1) No motor vehicle or trailer of any sort shall park or be left standing upon the city streets in any one location for a period in excess of 72 hours, and any parking ordinance now existing that is more restrictive shall remain in effect.

(2) (a) No person, corporation, partnership or firm shall construct, or cause to be constructed, repair or cause to be repaired, do routine maintenance or cause to have routine maintenance performed, dismantle or cause to be dismantled any motor vehicles or trailers of any kind whatsoever, or any part thereof, upon any public street or alley of the city of Biggs.

(b) The only exception to subsection (2)(a) of this section is as follows: Temporary emergency repairs which become necessary may be made upon a public street or alley of the city of Biggs; provided the vehicle does not remain on the public street or alley for more than a consecutive period of two hours.

(3) Violation of this section shall be deemed an infraction and the chief law enforcement officer of the city of Biggs may remove any motor vehicle, or other vehicle, or semi-trailer from the city street, alley or public right-of-way which is in violation of this section, in the manner and subject to the requirements of Sections 22651 and 22652 of the Vehicle Code of the State of California. [Ord. 251 §§ 1, 2, 3, 1983]

8.15.070 Violations.

Violation of this chapter will constitute an infraction. [Ord. 328 § 5, 2001; Ord. 249 § 3, 1983; Ord. 228 § 5, 1981; Ord. 208 § 2, 1978; Ord. 174 § 2, 1972; Ord. 167 § 2, 1970; Ord. 144 § 7, 1964; Ord. 123 § 3, 1958]

8.15.075 Penalties.

(1) By Ordinance Number 331, the city council, pursuant to the authority granted to it by state law and, particularly, California Vehicle Code Sections 21100, 21351, 21354, 21355, 21400 and 40000 et seq., directed the placement of traffic control, parking, and other signs at specified locations within the Biggs city limits signs from time to time and further directed that such placement be done by either resolution or by ordinance.

(2) Pursuant to Vehicle Code Section 40203.5, the city council, as the governing body of the jurisdiction where the notice of violation is issued, hereby establishes a schedule of parking penalties for parking violations and late payment penalties. This schedule is adopted by resolution of the city council and available for review in city clerk’s office.

(3) The parking penalties established by this section shall be deemed and collected as civil penalties. [Ord. 361 § 2, 2006; Ord. 333 §§ 1, 2, 3, 2002]

8.15.077 Impoundment fees.

(1) Pursuant to California Vehicle Code Section 22850.5, the city hereby imposes an administrative fee of $100.00 to be paid to the city by the owner of any properly impounded vehicle for the release of that vehicle. This fee represents the city’s cost for removal, impounding and release of that vehicle.

(2) In addition to the administrative fee set forth in subsection (1) of this section, the owner of any properly impounded vehicle shall pay to the city the actual cost storage of the properly impounded vehicle.

(3) Pursuant to Government Code Section 37112, the city hereby establishes an administrative fee for the city’s verification of a vehicle identification number, where such vehicle has been properly impounded. [Ord. 334 §§ 1, 2, 3, 2002]

Article II. Temporary Parking Lots

8.15.080 Purpose.

For purposes of promoting the public health, safety and general welfare, and more specifically for the purpose of protecting the residents of Biggs from traffic related hazards and health issues associated with emissions and airborne particulate matter, the city of Biggs has adopted the regulations herein to permit and regulate temporary parking lots within the city. [Ord. 321 § 1, 1999]

8.15.090 Application and review.

(1) Any owner of real property within the city of Biggs may, by submitting a written request to the city administrator, request authorization from the city council for the temporary use of a parcel under his/her ownership within the city as a short-term parking lot.

(2) Requests for authorization to operate a temporary parking lot shall include the following:

(a) Description of the location and the assessor’s parcel number of the property proposed for operation as a temporary parking lot.

(b) Description of the type of vehicles and the maximum number of vehicles to utilize the proposed temporary parking lot.

(c) The time periods during which vehicles will be parked and the times during which vehicles will enter and exit the proposed temporary parking lot.

(d) The time period during (number of weeks or months) which the parking lot will be operated.

(e) Description of all site improvements proposed to allow operation of the temporary parking lot.

(f) Discussion of how the standards and regulations within this chapter shall be satisfied.

(g) Present compelling reasons in support of allowing operation of a temporary parking lot based upon the benefits to the city as a whole or to specific residents not personally involved in the operation of the parking lot or any business associated with the parking lot.

(3) Planning Commission Review. Following acceptance of a request for operation of a temporary parking lot by the city, the planning commission shall review the request and make recommendation to the city council for action on the request. Recommendation for approval must be based upon the following findings:

(a) The proposal will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use;

(b) The proposed use will not be detrimental or injurious to property and improvements in the neighborhood of the proposed use; and

(c) The proposed use will not be detrimental or injurious to the general welfare of the city.

(4) City Council Action. Upon receipt of the planning commission’s recommendation, the city council may, at its next meeting, grant the requesting party the right to operate a temporary parking lot, subject to the findings identified in subsection (3) of this section and conditions as required under BMC 8.15.100.

(5) Conditions of Approval. The city council may impose any conditions of approval on the temporary parking lot which it finds necessary to carry out the purposes of this article and to implement the general plan and any applicable specific plan(s).

(6) Notice. Prior to taking action upon a request pursuant to this article, the city shall conduct at least one public hearing before the city council. Such hearing shall be noticed in all of the following ways:

(a) Publication in a locally available general circulation newspaper.

(b) Posting in at least three locations within the community.

(c) Posting in two conspicuous locations within the boundaries of the subject property. [Ord. 321 § 2, 1999]

8.15.100 Improvements and operations.

The applicant shall specify the following information regarding improvements and operations of the temporary parking lot:

(1) Proposed physical improvements, including grading, surface improvements, site drainage provisions, removal of existing vegetation and other site improvements.

(2) Proposed operations, including number and type(s) of vehicles which will utilize the facility, hours of operation when vehicles will enter and/or exit the facility, anticipated duration of use for facility, seasonal fluctuations in use of facility. [Ord. 321 § 3, 1999]

8.15.110 Revocation of permit.

All rights and privileges granted under the authority of this article shall be void under the following circumstances:

(1) Improvements, as required by the city, are either not completed or not adequately maintained.

(2) Failure to exercise the rights granted under this article for a continuous period of six months or as otherwise specified by the city council at the time of application review and approval.

(3) Failure to operate the temporary parking lot within the guidelines as approved by the city council.

(4) All rights granted under this article shall automatically terminate one year from date of approval unless extended by the city council. Such extension may be granted by the city council if requested by the owner of the subject parcel and if the use is found to still be in conformance with the regulations of this article. [Ord. 321 § 4, 1999]

8.15.120 Penalties.

Any violation of this article shall be deemed an infraction and shall be punishable by a fine. [Ord. 321 § 5, 1999]

Article III. Street Sweeping

8.15.130 Parking restrictions.

It shall be unlawful for any person to park any vehicle on that side of any street on the days, and between the hours, designated by resolution of the council for street cleaning purposes. Each side of the street shall be posted with signs giving notice of the days, and the hours, of the parking prohibition effective on that side of the street. [Ord. 332 § 1, 2002]

8.15.140 Modification of provisions.

The above designations, may, by resolution of the city council, be modified and/or deleted, from time to time. [Ord. 332 § 2, 2002]

8.15.150 Violation – Penalty.

Any violation of this article (and the resolution(s) established thereby) will constitute an infraction and shall be punished as provided in the city of Biggs ordinances and/or resolutions and/or the California Vehicle Code, and such vehicle shall be subject to being towed away as authorized by subsection (1) of Section 22651 of the California Vehicle Code. [Ord. 332 § 3, 2002]

Article IV. Street Parking Permit Program

8.15.200 Purpose.

For the purpose of balancing the public health, safety and general welfare of the residents of Biggs with the convenience and cost savings of limited and defined vehicle street parking, the city of Biggs has adopted the regulations herein to permit and regulate the parking of defined vehicles upon city streets. These regulations provide for the issuance of a parking permit for a specific vehicle at a specific location. These regulations impose conditions for the maintenance of the permitted vehicle upon the issuance of a permit. These regulations declare the violation of a permit condition to be a public nuisance. [Ord. 425 § 2, 2021; Ord. 422 § 2, 2020]

8.15.210 Street parking permit application.

Any owner or renter of a residence within the city of Biggs may apply for a street parking permit by completing and submitting a street parking permit application, available at the Biggs City Hall or online at the city’s website. [Ord. 425 § 2, 2021; Ord. 422 § 2, 2020]

8.15.220 Conditions necessary for street parking permit approval.

All of the following are conditions necessary for the approval of a street parking permit:

(1) The applicant shall propose a vehicle for permitting and shall propose a street parking location to be associated with the proposed vehicle.

(2) The proposed street parking location shall be at least 30 feet from the intersection of the right-of-way lines of any street intersection and may not interfere with the sight distance area as defined at BMC 14.20.880.

(3) The proposed street parking location shall not pose a public safety hazard and shall not interfere with or otherwise impede access to a driveway, public sidewalk, fire hydrant or street sign.

(4) The applicant must own or rent the residence directly abutting the proposed street parking location.

(5) The applicant must be the named registered owner of the proposed vehicle and shall submit proof thereof.

(6) No more than one permit shall be issued to any person or to any associated residence. [Ord. 425 § 2, 2021]

8.15.230 Vehicle restrictions for street parking permit approval.

A street parking permit will not be issued unless the proposed vehicle meets all of the following:

(1) The proposed vehicle shall have a gross vehicle weight rating less than or equal to 15,600 pounds.

(2) The proposed vehicle shall not exceed 40 feet in length, nine feet in width and 12 feet in height.

(3) The proposed vehicle shall be in good working order, condition and appearance. The proposed vehicle shall be fully operational. The proposed vehicle shall have no flat or low tires.

(4) The proposed vehicle shall be licensed with a valid vehicle identification number. [Ord. 425 § 2, 2021]

8.15.240 Street parking permit conditions.

Upon the issuance of a street parking permit, all of the following conditions shall apply:

(1) The permitted vehicle shall remain in good working order, condition and appearance. The permitted vehicle shall remain fully operational. The permitted vehicle shall have no flat or low tires. The permitted vehicle shall not fall into disrepair; any visible damage shall be promptly addressed.

(2) No weeds, garbage or other debris shall accumulate in, on, under or around the permitted vehicle and/or the associated parking location.

(3) The permitted vehicle shall not be connected to any utility service, including, but not limited to, water, sewer or electricity, by hoses, cords, cables or other means.

(4) The permitted vehicle shall not be parked more than 10 inches from the curb (if one exists).

(5) The permitted vehicle shall not be parked on a sidewalk.

(6) The permitted vehicle shall not be covered or tarped to any extent; provided, however, that a permitted boat may be covered with a custom-made, fitted covering(s).

(7) The permitted vehicle shall be moved completely from the associated parking location at least once every 30 days.

(8) The permit holder shall move the permitted vehicle at the request of the city so that the city may perform city services such as street sweeping and right-of-way maintenance. [Ord. 425 § 2, 2021]

8.15.250 Revocation of street parking permit.

A street parking permit shall be subject to immediate revocation if any one of the conditions set forth in BMC 8.15.240 is violated. [Ord. 425 § 2, 2021]

8.15.260 Declaration of public nuisance.

Any violation of this article, including, but not limited to, a violation of any of the conditions set forth in BMC 8.15.240, is hereby declared to be a public nuisance, and subject to abatement pursuant to the Biggs Municipal Code. [Ord. 425 § 2, 2021]

8.15.270 Effect of permit.

The holder of a permit issued pursuant to this article, who adheres to the street parking permit conditions in BMC 8.15.240, shall not be subject to BMC 8.15.050 or 8.15.130. [Ord. 425 § 2, 2021]

8.15.280 Cost of permit.

The cost of a permit issued pursuant to this article shall be $100.00, annually. [Ord. 425 § 2, 2021]