Chapter 10.12
STOPPING, STANDING AND PARKING*
Sections:
10.12.010 Designation of curb markings.
10.12.020 Two-hour parking zones.
10.12.025 Handicapped parking.
10.12.030 Fifteen-minute parking zones.
10.12.040 Limited parking--Between two a.m. and six a.m.
10.12.050 Prohibited parking--Portions of Madera Avenue, Whitesbridge Avenue and Kerman High School.
10.12.080 Commercial vehicles.
10.12.083 Restricted truck and trailer parking.
10.12.085 Parking commercial vehicles in residential zones.
10.12.090 Seventy-two-hour parking.
* For statutory provisions on stopping, standing and parking, see Vehicle Code §22500 et seq.; for provisions on local parking curb markings, see Vehicle Code §21458; for provisions on removal of parked vehicles, see Vehicle Code §22650 et seq.
10.12.010 Designation of curb markings.
A. At such times as the chief of police finds that the public safety and convenience require the establishment of no parking or limited parking zones for motor vehicles on the public streets in the city, he shall report this fact to the city council at a meeting of that body. Thereafter, as directed by a resolution of the city council, the chief of police is authorized to place the following curb markings to indicate stopping, standing or parking regulations, and those markings shall have the meanings set forth as follows:
1. Red means no stopping, standing or parking at any time except as permitted by the California Vehicle Code Sections 22506, 22507, 22507.5 and 22507.6 and except that a bus may stop in a red zone marked or signed as a bus zone.
2. Yellow indicates a loading zone for freight or passengers.
3. White indicates a passenger loading zone or a postal mail zone.
4. Green means no standing or parking for longer than twenty-four minutes at any time between nine a.m. and six p.m. of any day except Sundays and holidays.
5. Blue means no stopping, standing or parking a vehicle other than an authorized handicapped vehicle.
B. No person, other than the city, shall paint any curb surface unless granted permission to do so by the city.
C. When the city has caused curb markings to be placed pursuant to the provisions of this section, it shall be unlawful for any person to stand, stop or park a vehicle in violation of the markings or signs so placed, except as set forth in California Vehicle Code Sections 22506, 22507 and 22507.5 and 22507.6 and related California Vehicle Code Sections. (Ord. 90-16 §1(part), 1990: Ord. 85-02 (part), 1985: prior code §§9-1401--9-1403).
10.12.020 Two-hour parking zones.
The city council shall from time to time by resolution, as traffic conditions require, establish zones to be known as "Two-Hour Parking Zones" upon such streets or portions of streets in the city as are selected for the location of the zones. The city council may by resolution change or eliminate any of the zones so established. When a two-hour parking zone is established by action of the city council as provided in this section:
A. Adequate signs or markings shall be placed in the zone to give notice to the public thereof.
B. It shall be unlawful for any person to stop, stand or park any vehicle, except a commercial delivery vehicle, in a parking space in the zone for a period of time longer than two consecutive hours.
C. It shall be unlawful for any person to stop, stand or park any vehicle, except a commercial delivery vehicle, more than one time within any four consecutive hours upon the same street between the same intersections in the zone.
D. Each period of overtime parking or violation of subsection C of this section shall constitute a separate violation; and a citation may be issued for each and every such violation.
E. It shall be unlawful for any person to erase or make invisible, for the purpose of avoiding detection for overtime parking, any-mark placed on a vehicle by an authorized police officer.
F. The provisions of subsections B and C of this section shall not apply to the stopping, standing, or parking of vehicles on the streets of the city between the hours of six p.m. and nine a.m., or to the stopping, standing or parking of vehicles on the streets of the city on Sundays or holidays.
G. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punishable by a fine of not more than fifty dollars, or by imprisonment in the County Jail for not more than thirty days, or both. (Ord. 88 §1, 1958).
10.12.025 Handicapped parking.
A. The city council shall from time to time as traffic conditions require, designate public parking areas to be limited to the parking of authorized handicapped vehicles only. Handicapped vehicles shall be in conformity to Section 22511.5 of the California State Vehicle Code.
B. Any person stopping, standing or parking a vehicle in violation of the provisions of this section shall be guilty of an infraction and shall pay a fine of not more than fifty dollars. (Ord. 85-02 (part), 1985).
10.12.030 Fifteen-minute parking zones.
A. The city council from time to time by resolution, as traffic conditions require, shall establish zones to be known as "Fifteen-Minute Parking Zones" upon such streets or portions of streets in the city as are selected for the location of the zones. The city council shall by resolution change or eliminate any of the zones so established.
B. When a fifteen-minute parking zone is established by action of the city council as is provided in this section:
1. Adequate signs or markings shall be placed in the zone to give notice to the public thereof.
2. It shall be unlawful for any person to stop, stand or park a vehicle, except a commercial delivery vehicle, in any space in the zone for a period of time longer than, fifteen consecutive minutes.
3. It shall be unlawful for any person to stop, stand or park any vehicle, except a commercial delivery vehicle, more than one time within any hour.
4. Each period of overtime parking or violation of subdivision 3 of this subsection shall constitute a separate violation, and a citation may be issued for each and every such violation.
5. It shall be unlawful for any person to erase or make invisible for the purpose of avoiding detection for overtime parking, any mark placed on a vehicle by an authorized police officer.
C. The provisions of subdivisions 3 and 4 of this subsection shall not apply to the stopping, standing, or parking of vehicles on the streets of the city between the hours of six p.m. and nine a.m., or to the stopping, standing, or parking of vehicles on the streets of the city on Sundays or holidays. (Prior code §9-1001--9-1007).
10.12.040 Limited parking--Between two a.m. and six a.m.
A. The city council shall by resolution designate streets or portions of streets within the city on which it is unlawful to stop, stand or park a vehicle between the hours of two a.m. and six a.m. of any day so designated by such resolution. The restricted parking provisions of this section shall become immediately effective on the adoption of any such resolution.
B. Any person stopping, standing or parking a vehicle in violation of the provisions of this section shall pay a fine of two dollars for each such violation; or as an alternative thereto such person may pay "a voluntary penalty of two dollars directly to the city finance director; provided, that the penalty is paid within five days of the date of the violation.
C. The provisions of this section shall not apply to a vehicle of a regularly licensed physician when actually engaged in the making of a professional call. (Prior code §9-1301--9-1303).
10.12.050 Prohibited parking--Portions of Madera Avenue, Whitesbridge Avenue and Kerman High School.
A. It is unlawful for any person to stop, stand or park a vehicle in the city at the following locations:
1. That portion of the Madera Avenue curbline between A Street and C Street which abuts on and adjoins the City Plaza Park;
2. That portion of the west curbline of Madera Avenue commencing at a point twelve feet north of the north curbline of San Joaquin Street extending north for an additional thirty-five feet;
3. That portion of the west curbline of Madera Avenue commencing from the north curbline of Whitesbridge Avenue and extending northward on Madera Avenue for five hundred seventy feet;
4. That portion of Whitesbridge Avenue between Siskiyou and Del Norte Avenue; and
5. No vehicle shall block any entrance gates to Kerman High School property.
B. The city shall install adequate warning signs or other curb markings in these areas to give notice to the public of the no parking requirements. (Ord. 18-07 §1, 2018: Ord. 90-10 §1, 1990: Ord. 211 §§1, 2, 1973: prior code §§9-801, 9-802).
10.12.060 No parking zones.
A. The city council shall, from time to time by resolution as traffic conditions require, establish zones to be known as "No Parking Zones," upon such alleys and streets or portions of alleys and streets in the city as are selected for the location of the zones. The city council may by resolution change or eliminate any of the zones so established.
B. When a no parking zone is established by action of the city council as provided in this section or Section 10.12.010, adequate signs or markings as set forth in Section 10.12.010 shall be placed in the zone to give notice to the public thereof.
C. When a no parking zone is established by action of the city council as provided in this section, it is unlawful for any person to stop, stand or park any vehicle, except as set forth in California Vehicle Code Sections 22506, 22507 and 22507.5.
D. Any such vehicle so parked or left standing in violation of the provisions of this section may be removed by the city police department in accordance with the procedures established in the California Vehicle Code. (Ord. 90-16 §1 (part), 1990: Ord. 82-09 (part), 1982; prior code §§9-1201--9-1203).
10.12.070 Angle parking.
The city council shall, from time to time by resolution as traffic conditions require, establish zones upon such streets or portions of streets in the city in which angle parking shall be legal. The city council may by resolution change or eliminate any of the zones so established. The zones when established shall be known as "Angle Parking Zones." (Ord. 88 §2, 1958).
10.12.080 Commercial vehicles.
A. Definition. The term "commercial vehicle" as used in this section shall mean a trailer or a motor vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property and having a manufacturer’s gross vehicle weight rating of ten thousand pounds or more.
B. Prohibited Stopping, Standing, or Parking. It is unlawful for any person to stop, stand or park any commercial vehicle on any public street, highway, thoroughfare or alley in the city except in areas designated for such parking pursuant to Section 10.12.083, or on Madera Avenue within one hundred feet of any intersection (provided such avenue is properly posted pursuant to California Vehicle Code Section 22507 in accordance with state law). Additionally, no commercial vehicle carrying hazardous materials or hazardous waste may be left unattended or parked overnight within the city.
C. Exceptions.
1. A commercial vehicle making a pickup or a delivery of goods, wares and merchandise from or to any building or structure located on the restricted street, highway, thoroughfare or alley;
2. A commercial vehicle engaged in the delivery of materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure, located on the restricted street, highway, thoroughfare or alley, for which building or structure a building permit has been previously obtained;
3. A single tow truck or roll-back carrier when the operator of the tow truck or roll-back carrier is on-call pursuant to a valid tow service agreement with a state or local agency and/or on-call for a twenty-four-hour tow service. The exemption for single tow trucks and roll-back carriers shall apply to Class A and Class B vehicles as defined by the city police department’s most current service agreement;
4. A school bus designed and used or maintained for the transportation of any school pupil at or below the twelfth grade level to or from a public or private school or to or from public or private school activities; and
5. Any authorized emergency vehicles as defined in California Vehicle Code Section 165 or a public utility vehicle utilized for responding to emergency incidents. (Ord. 18-07 §2, 2018: Ord. 98-07 §§4, 5, 1998; Ord. 94-01 §1, 1994; Ord. 89-06 §1(part), 1989; Ord. 87-04 §1, 1987; Ord. 82-12, 1983; Ord. 82-06(part), 1982: Ord. 76-103 §1, 1976: prior code §9-601).
10.12.083 Restricted truck and trailer parking.
A. Definition. As used in this section, "truck" means a vehicle or combination of vehicles with a gross vehicle weight rating of ten thousand pounds or more, but shall not include recreational vehicles. By way of example, but not limitation, a tractor and trailer(s) or single trailer exceeding the weight criteria specified are a truck.
B. Council Action. By resolution the city council may designate and describe any street or portion thereof as a street the use of which is permitted for the parking, stopping, standing, or storing of any truck. In making such designation, the city council may, but is not required to, consult with the planning commission, the traffic safety committee, or such other bodies or consultants as it may deem advisable.
C. Prohibitions.
1. It is unlawful for any person to stop, stand, park or store any truck as defined in this section on or alongside of any public way, street, highway or road within the city except those designated for such use.
2. It is unlawful for any person to stop, stand, park or store any unattended trailer or other vehicle on or alongside of any public way, street, highway or road within the city unless the trailer is supported by pneumatic tires of sufficient size and quantity to prevent any damage or disfiguration of the pavement.
D. Exceptions. Nothing in this section shall prohibit the operator of any truck from stopping, standing, or parking on restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares, or merchandise from or to any building, person, or structure located on such restricted streets, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained.
E. Signage. The restrictions imposed by this section shall not be effective until the director of the department of public works shall have caused the placement of signs or markings as required by the California Vehicle Code to give notice to the public thereof. In addition, these restrictions shall not be effective as to state highways unless the city shall have received written authorization for such restrictions or prohibitions from the California Department of Transportation. (Ord. 18-07 §3, 2018: Ord. 98-07 §3, 1998).
10.12.085 Parking commercial vehicles in residential zones.
A. Parking Prohibited. No person shall park a commercial vehicle as defined in Section 10.12.080 on any street or in any front, side or rear yard in any residential district in the city. The term "residential district" includes the following: RR rural residential district, R-1 single-family residential, multiple-family residential district, and any other residential district added to Chapter 17.36.
B. Exceptions. Subsection A of this section shall not be effective with respect to any truck or trailer component thereof, making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained. (Ord. 18-07 §4, 2018: Ord. 89-06 §1(part), 1989: Ord. 82-07, 1982).
10.12.087 Long-term parking of recreational vehicles, boats, and boat trailers on city streets or public ways prohibited.
A. No person who owns or has possession or control of a vehicle, including but not limited to a recreational vehicle, camper, fifth-wheel trailer, boat or trailer, shall park or leave the vehicle standing on a public street, way or any public parking facility within the city for a period of seventy-two hours or more, nor shall any person remain in any parked vehicle between the hours of two a.m. and six a.m. For purposes of this code, a vehicle is considered parked or left standing if it remains in the same location or has not been moved at least one-half mile during the seventy-two-hour period. If visible, the mileage reflected on the odometer of the vehicle shall be rebuttably presumed to be an accurate indication of the distance that the vehicle has or has not been moved. Obstruction of the odometer of the vehicle will result in the presumption that the vehicle has not been moved. Absent any presumption, the totality of the circumstances, including but not limited to tire markings, vegetation and vehicle condition shall be considered in determining whether the vehicle has or has not been moved.
B. A recreational vehicle, camper, fifth-wheel trailer, boat or trailer that is parked or left on a public street, way or any public parking facility, once moved, shall not be reparked or returned to any location within one-half mile of the location where such recreational vehicle, camper, fifth-wheel trailer, boat or trailer was first parked sooner than forty-eight hours following the time that the recreational vehicle, boat or trailer is first moved.
C. If a vehicle is parked or left standing on a public street, way or any public parking facility in violation of this section, any peace officer of this state or code enforcement officer for the city may issue a citation or cause the vehicle to be removed from the public street, way or public parking facility in the manner permitted by and subject to the requirements of the Vehicle Code.
If a citation is issued, payment to the city of Kerman of a fine in an amount established pursuant to Section 1.16.020 of this code, as it may from time to time be amended, by the owner of the vehicle violating this section for any day or portion of a day during which the violation occurs. Each day during which a violation continues is a new and separate violation of this section.
The citation shall include, at a minimum, notice of the facts constituting the violation, information regarding the payment of the fine, and notice of the right to a hearing before the parking hearing officer to contest the violation. (Ord. 07-03 §1, 2007).
10.12.090 Seventy-two-hour parking.
It is unlawful for any person to park or leave standing upon any public road, street, thoroughfare or alley in the city for a period of seventy-two or more consecutive hours any vehicle required by law to be registered and licensed by the Department of Motor Vehicles of the state of California. Any such vehicle so parked or left standing in violation of the provisions of this section shall be removed by the city police department in accordance with the procedures established in the Vehicle Code of the state of California. (Prior code §9-602).
10.12.100 Vehicle repairs.
Except for temporary emergency repairs, it is unlawful for any person to repair or cause to be repaired, construct or cause to be constructed, drain motor oil from or cause motor oil to be drained from, or grease or cause to be greased any vehicle or any part thereof upon any public road, street, thoroughfare, or alley in the city. (Prior code §9-603).