Chapter 12.44
STOPPING, STANDING AND PARKING RESTRICTIONS

Sections:

12.44.010    Parking Time Restrictions.

12.44.020    Parking Meter Zones.

12.44.025    Creation of Off-Street Parking Facilities Fund.

12.44.027    Neighborhood Enhancement Reserve.

12.44.029    Area Benefit District Reserve.

12.44.030    Off-Street Parking Meter Zones.

12.44.040    Parking Meter Fees.

12.44.050    Seasonal Suspension of Meter Operation.

12.44.060    Designation of Parking Spaces.

12.44.070    Manner of Parking.

12.44.080    Prescription of Meter Operation Regulations.

12.44.084    Parking at an Inoperable Meter.

12.44.090    Parking Meter Operation Directions.

12.44.100    Deposit of Payment and Activation of Meter.

12.44.110    Overtime Parking.

12.44.120    Meter Use Exceptions.

12.44.125    Commercial In-Lieu Parking Fees.

12.44.130    Use of Slugs Prohibited.

12.44.140    Tampering with Parking Meters.

12.44.150    Prohibited Parking.

12.44.160    Prohibited Night Parking.

Prior legislation: Ords. 1132, 1139 and 1190.

12.44.010 Parking Time Restrictions.

A.    One-Hour Parking. When authorized signs are in place or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle between the hours of 8:00 a.m. and 6:00 p.m. of any day for a period of time longer than one hour upon such streets or portions thereof as the City Council shall designate by resolution.

B.    Two-Hour Parking. When authorized signs are in place or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle between the hours of 8:00 a.m. and 6:00 p.m. of any day for a period of time longer than two hours upon such streets or portions thereof as the City Council shall designate by resolution.

C.    Six-Hour Parking. When authorized signs are in place or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle between the hours of 8:00 a.m. and 6:00 p.m. of any day for a period of time longer than six hours upon such streets or portions thereof as the City Council shall designate by resolution.

D.    Twelve (12) Hour Parking. When authorized signs are in place and/or the display of a parking meter gives notice thereof, no person shall stop, stand, or park any vehicle for a period of time longer than twelve (12) hours upon such streets or portions thereof as the City Council shall designate by resolution.

E.    Variations. When special parking or traffic conditions require different hours or days of parking restrictions, the City Council may by resolution vary the hours and days during which the foregoing restrictions shall be in effect, and, when authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle contrary to the direction or provisions of such signs. (Ord. 2013-11 § 51, 2013: Ord. 936, 1960: 1949 Code § 3289)

12.44.020 Parking Meter Zones.

The following parking meter zones are hereby established:

A.    Zone One.

Northeasterly side of McFadden Place between Balboa Boulevard and Court Street.

B.    Zone Two.

Balboa Boulevard between “A” Street and Adams Street.

Bay Avenue between Main Street and Palm Street.

Northeasterly side of Newport Boulevard between 21st Street and 30th Street.

Southwesterly side of McFadden Place between 22nd Street and Ocean Front.

Easterly side of McFadden Place between Ocean Front and Court Street.

Southerly end of McFadden Place at the approach to the Newport Pier.

Southerly side of Court Street between 20th Street and McFadden Place.

22nd Street between Ocean Front and Balboa Boulevard.

22nd Street between Newport Boulevard and The Arcade.

23rd Street between Ocean Front and Balboa Boulevard.

The Arcade.

Tustin Avenue between West Coast Highway and Avon Street.

West Coast Highway between Newport Boulevard and the southerly extension of Irvine Avenue.

Northerly side of Avon Street from Riverside Avenue to one hundred fifty (150) feet westerly.

C.    Zone Three.

Central Avenue between Via Oporto and Newport Bay.

D.    Zone Four.

Bay Avenue between Adams Street and Palm Street.

Ocean Front between McFadden Place and 24th Street.

Palm Street between Bay Avenue and Ocean Front.

Lido Park Drive between 28th Street and Lafayette Avenue.

28th Street between Lido Park Drive and The Rhine.

There are excepted from the zones established those areas designated and marked as loading zones and areas where pursuant to other provisions of this title and time limit on parking is ten minutes or less.

E.    Zone Five.

Via Lido between Newport Boulevard and Lido Isle Bridge.

Via Oporto between Central Avenue and 32nd Street.

Via Malaga between Via Oporto and Via Lido.

Central Avenue between Via Lido and Via Oporto.

Newport Boulevard between 30th Street and Finley Avenue, except on the westerly side of Newport Boulevard between the alley two hundred fifty (250) feet southerly of 32nd Street and a point one hundred fifty (150) feet northerly of 32nd Street, and except on the easterly side of Newport Boulevard between 32nd Street and the extension of the southerly property line of Finley Avenue.

Newport Boulevard between Finley Avenue and Via Lido, except on the easterly side of Newport Boulevard between the extension of the northerly property line of Finley Avenue and a point two hundred (200) feet northerly.

Thirty-second Street between Newport Boulevard and Villa Way.

Thirty-second Street, northerly side between Lafayette Avenue and Villa Way.

Thirty-second Street, southerly side between Balboa Boulevard and Newport Boulevard.

F.    Zone Six.

Fifteenth Street Between Ocean Front and Newport Bay.

Balboa Boulevard between 23rd Street and 28th Street.

Southwesterly side of Newport Boulevard between 23rd Street and 30th Street.

Twenty-eighth Street between Balboa Boulevard and the northeasterly side of Newport Boulevard.

Easterly side of 18th Street between Balboa Boulevard and Bay Avenue.

Easterly side of 19th Street between Bay Avenue and Newport Bay.

Twenty-eighth Street between Newport Boulevard and Villa Way.

Northerly side of West Balboa Boulevard, between 15th Street and 18th Street.

G.    Zone Seven.

Northerly side of 26th Street between Newport Boulevard and Newport Bay.

28th Street between Villa Way and The Rhine.

29th Street between Newport Boulevard and The Rhine.

30th Street between Newport Boulevard and The Rhine.

31st Street between Newport Boulevard and Lafayette Avenue.

Southerly side of 32nd Street between Villa Way and Lafayette Avenue.

Villa Way between 28th Street and 32nd Street.

Lafayette Avenue between 28th Street and Via Lido.

There are excepted from the zones established those areas designated and marked as loading zones and areas where pursuant to other provisions of this title the time limit on parking is ten minutes or less.

H.    Zone Eight.

Northerly side of Coast Highway between Cedar Street and Highland Street.

I.    Zone Nine.

The streets from 37th Street to 61st Street, inclusive, between Ocean Front and Seashore Drive.

The streets from 62nd Street to Summit Street, inclusive, between Ocean Front and the alley northerly. (Ord. 2015-10 § 1, 2015; Ord. 2004-20 § 1 (part), 2004; Ord. 95-7 § 1, 1995; Ord. 95-3 § 1, 1995: Ord. 92-12 § 1, 1992; Ord. 90-42 § 1, 1990; Ord. 89-40 § 1, 1990; Ord. 88-3 § 1, 1988; Ord. 1874 §§ 1, 2, 1981; Ord. 1432 § 1, 1972; Ord. 1296 § 1, 1969; Ord. 1233 § 1, 1967)

12.44.025 Creation of Off-Street Parking Facilities Fund.

Pursuant to the authority contained in Section 1113 of the City Charter, a special capital improvement fund to be known as the Off-Street Parking Facilities Fund is created. By resolution, the City Council may direct revenue into the Off-Street Parking Facilities Fund.

Such fund shall be used only for purposes of the acquisition, development, and improvement of public off-street parking facilities located within the general vicinity of the parking meters contributing to the fund, and for any expenditures necessary or convenient to accomplish such purposes. For purposes of this section, the term “off-street parking facilities” shall mean public parking lots, garages, structures, buildings and appurtenances for the parking of motor vehicles. (Ord. 2014-21 § 1, 2015: Ord. 97-30 § 1, 1997: Ord. 88-4 § 1, 1988: Ord. 1222 § 1, 1967)

12.44.027 Neighborhood Enhancement Reserve.

A.    Creation.

1.    Pursuant to the authority contained in Section 1113 of the City Charter, a special capital improvement fund, to be known as the Neighborhood Enhancement Reserve, is created.

2.    The City Council may, by ordinance, establish Neighborhood Enhancement Areas and may, by resolution, direct revenue into the Neighborhood Enhancement Reserve.

3.    Such reserve shall be used for purposes of enhancing and supplementing services to the neighborhood in the general vicinity of the parking meters contributing to the fund and not supplanting existing services. Enhancements may be in the form of capital improvements, special services or extraordinary maintenance and shall include all expenditures necessary or convenient to accomplish such purposes.

B.    The following Neighborhood Enhancement Areas are hereby established pursuant to the provisions of this chapter:

1.    Area “A”—West Newport. This area is bounded by West Coast Highway, Semeniuk Slough/Oxbow Loop, West Coast Highway, Newport Boulevard, Newport Island Channel, Rialto Channel, 38th Street, the Pacific Ocean, and Summit Street.

2.    Area “B”—Balboa Peninsula. This area is bounded by West Lido Channel, Newport Channel, the Harbor entrance, the Pacific Ocean, 38th Street, Rialto Channel and Newport Island Channel. (Ord. 2014-21 § 2, 2015: Ord. 2003-9 § 1, 2003; Ord. 97-30 § 2, 1997: Ord. 95-12 § 1, 1995)

12.44.029 Area Benefit District Reserve.

A.    Creation.

1.    The City Council hereby creates a special capital improvement fund, to be known as the Area Benefit District Reserve.

2.    The City Council may, by ordinance, establish Area Benefit Districts and may, by resolution, direct revenue into the Area Benefit District Reserve.

3.    The Area Benefit District Reserve shall be used for the purposes of enhancing or supplementing services to the Area Benefit District(s) identified or the general vicinity provided there is a benefit to the Area Benefit District(s). Enhancements or supplemental services may be in the form of streetscape improvements on public or private property; other beautification projects, including, but not limited to, commercial facade improvements; transit, pedestrian, and bicycle infrastructure or wayfinding signage; the acquisition, leasing or construction of additional parking; extraordinary maintenance programs for public areas; creation or implementation of transportation mobility or parking management strategies, including, but not limited to, shared parking. Expenditures from the Area Benefit District Reserve may include all expenditures necessary or convenient to accomplish the purposes for which the funds are to be used.

B.    The following Area Benefit District is hereby established pursuant to the provisions of this chapter:

1.    Balboa Village. This area is bounded by Adams Street, Newport Bay, A Street, and the Pacific Ocean. (Ord. 2014-21 § 3, 2015)

12.44.030 Off-Street Parking Meter Zones.

The City Council may by resolution establish off-street parking meter zones, including any land owned, leased or controlled by the City, as traffic and parking conditions require. Such resolution shall also establish the fees for parking in such off-street parking meter zones. This section shall not be applicable to the property on which the City Hall is located. (See Section 12.12.040 for regulations applicable to parking meters on the City Hall property.) (Ord. 1200 § 2, 1957: Ord. 1002 (part), 1962: 1949 Code § 3290.1)

12.44.040 Parking Meter Fees.

Fees for parking meters in zones established by Section 12.44.020 when the parking meters are in operation are hereby established as follows:

A.    For the purposes of this section, the non-peak season is defined as the period between October 1st and April 30th of each year and the peak season is defined as the period between May 1st and September 30th of each year.

B.    One dollar and seventy-five cents ($1.75) per hour at all meters in Zones 1 and 9.

C.    One dollar and seventy-five cents ($1.75) per hour at all meters in Zone 2, except ninety cents ($0.90) per hour for Coast Highway, Tustin Avenue and Avon Street, one dollar and twenty cents ($1.20) per hour along northbound Newport Boulevard between 26th and 30th Streets, and one dollar and twenty cents ($1.20) per hour for the first two hours and one dollar and seventy-five cents ($1.75) per hour for each additional hour during the non-peak season and two dollars and forty cents ($2.40) per hour for the first two hours and three dollars ($3.00) per hour for each additional hour during the peak season on Balboa Boulevard between “A” Street and Adams Street and Bay Avenue between Main Street and Palm Street.

D.    One dollar and twenty cents ($1.20) per hour at all meters in Zones 3 and 7.

E.    One dollar and seventy-five cents ($1.75) per hour at all meters in Zone 4, except one dollar and twenty cents ($1.20) per hour on Lido Park Drive and 28th Street, and one dollar and twenty cents ($1.20) per hour for the first two hours and one dollar and seventy-five cents ($1.75) per hour for each additional hour during the non-peak season and two dollars and forty cents ($2.40) per hour for the first two hours and three dollars ($3.00) per hour for each additional hour during the peak season on Bay Avenue between Adams Street and Palm Street and Palm Street between Bay Avenue and Ocean Front.

F.    One dollar and twenty cents ($1.20) per hour at all meters in Zone 5 except one dollar and seventy-five cents ($1.75) per hour on 32nd Street between Balboa Boulevard and Newport Boulevard.

G.    One dollar and seventy-five cents ($1.75) per hour at all meters in Zone 6, except one dollar and twenty cents ($1.20) per hour on 28th Street between Newport Boulevard and Villa Way.

H.    Ninety cents ($0.90) per hour at all meters in Zone 8.

I.    Beginning on January 1, 2017, and reoccurring annually thereafter, the on-street parking meter fees provided in this section, or any successor section, shall increase by ten (10) percent rounded down to the nearest five cents ($0.05), unless the City Manager elects in writing to not increase the on-street parking meter fees for a given year. (Ord. 2015-20 § 1, 2015: Ord. 2014-22 § 1, 2015: Ord. 2010-8 § 1, 2010: Ord. 2004-20 § 1 (part), 2004: Ord. 2000-9 § 1, 2000: Ord. 95-8 § 1, 1995; Ord. 94-41 § 1, 1994: Ord. 93-17 § 1, 1993: Ord. 87-9 § 1, 1987: Ord. 1727 § 1, 1977: Ord. 1253 § 1, 1968: Ord. 1214 § 1, 1967: Ord. 1212 § 1, 1967: Ord. 1201 § 1, 1967: Ord. 1170 § 4, 1966: Ord. 1002 (part), 1962: 1949 Code § 3291)

12.44.050 Seasonal Suspension of Meter Operation.

When the City Council determines that the year-round operation of some or all of the parking meters in the parking meter zones established pursuant to this chapter is not necessary for the regulation of traffic and parking, it may by resolution designate such meters and suspend the operation thereof for periods of time specified in such resolution. (Ord. 1002 (part), 1962: 1949 Code § 3291.1)

12.44.060 Designation of Parking Spaces.

Lines or marks shall be placed on the curbs or on the pavement or surface of parking meter zones at or alongside each parking meter to designate the parking space for which such parking meter is to be used. (Ord. 850, 1958; 1949 Code § 3291.2)

12.44.070 Manner of Parking.

A.    Marked Spaces. No person shall park any vehicle in a parking meter zone other than in a marked parking space.

B.    Angle Parking. No person shall park any vehicle in a parking meter zone where angle parking is required other than with the front end of such vehicle nearest to the parking meter located to serve such parking space.

C.    Across Markings. No person shall park any vehicle across any line or mark designating a parking space in a parking meter zone or park a vehicle in such a way that the same is not within the area so designated as a parking space by such lines or marks. (Ord. 861, 1958; 1949 Code § 3291.3)

12.44.080 Prescription of Meter Operation Regulations.

The payment to be deposited in parking meters, the parking time allowed following deposit of payment, the hours during which such deposits are required, and the days of the week and the weeks of the year during which such deposits are required for parking meters in all zones shall be prescribed by the City Council by resolution. (Ord. 2013-11 § 52, 2013: Ord. 1002 (part), 1962; 1949 Code § 3291.4)

12.44.084 Parking at an Inoperable Meter.

No person shall park any vehicle in any parking space where the parking meter is inoperative and which is signposted, as provided in this section. (Ord. 2013-11 § 53, 2013: Ord. 94-23 § 1, 1994)

12.44.090 Parking Meter Operation Directions.

Directions shall be placed on each parking meter indicating the coin slot and how the meter is activated, and on each parking meter or on signs visibly displayed in the vicinity of the meter showing the coins that may be deposited, the time the meter will measure after such deposit, and the hours of the day deposits are required. (Ord. 1002 (part), 1962; 1949 Code § 3291.41)

12.44.100 Deposit of Payment and Activation of Meter.

No person shall park a vehicle in a parking meter zone, except as otherwise permitted by this chapter, without immediately depositing in the parking meter corresponding to the parking space occupied such lawful payment as is permitted or required by such parking meter, and when required by directions on the meter setting in operation the timing mechanism thereof, unless the parking meter indicates at the time such vehicle is parked that an unexpired portion remains of the period of time for which a payment has previously been deposited. (Ord. 2013-11 § 54, 2013: Ord. 850, 1958: 1949 Code § 3291.5)

12.44.110 Overtime Parking.

A.    Commercial Areas. No person, except as otherwise provided in this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a commercial area, during any time when the parking meter corresponding to such parking space indicates that no portion remains of the period of time for which payment has been deposited or beyond the time parking in such place is otherwise permitted or limited.

B.    Combination Recreational-Commercial Areas. No person, except as otherwise provided in this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a combination recreational-commercial area, during any time when the parking meter corresponding to such parking space indicates that no portion remains of the period of time for which a payment has been deposited or beyond the time parking in such place is otherwise permitted or limited.

C.    Recreational Areas. No person, except as otherwise provided in this chapter, shall cause, permit, allow or suffer any vehicle registered to or parked or operated by him to be or remain parked in any parking space in a parking meter zone, designated by resolution of the City Council as a recreational area, during any time when the parking meter corresponding to such parking space indicates that no portion remains of the period of time for which payment has been deposited or beyond the time parking in such place is otherwise permitted or limited. (Ord. 2013-11 § 55, 2013: Ord. 1261 § 1, 1968: Ord. 850, 1958: 1949 Code § 3291.6)

12.44.120 Meter Use Exceptions.

A.    Exempted Time Periods. A vehicle may be parked and remain parked in a parking space in any parking meter zone open to parking without the deposit of any coin in the parking meter adjacent thereto during time other than that designated by resolution of the City Council as time during which deposits are required.

B.    Parking Meter Permit. In off-street and on-street parking meter zones established by ordinance or resolution pursuant to Sections 12.44.020 and 12.44.030, a vehicle may be parked and remain parked in a parking space without the deposit of any payment in the parking meter corresponding thereto if such vehicle has displayed a current valid parking meter permit issued by the City pursuant to the authorization of the City Council established by resolution. With the exception of transferable permits, such parking permits shall be effective only when affixed to the front windshield of the vehicle within a seven-inch square in the lower corner farthest removed from the driver’s position. (Ord. 2013-11 § 56, 2013; Ord. 84-21 § 1, 1984: Ord. 1245 § 1, 1968: Ord. 1004, 1962: 1949 Code § 3291.7)

12.44.125 Commercial In-Lieu Parking Fees.

A.    Permit Required. In lieu of providing the required off-street parking on site pursuant to Title 20 of the Newport Beach Municipal Code, a commercial business may provide all or a portion of its required commercial off-street parking in a municipal fee-owned lot by paying an annual fee of one hundred fifty dollars ($150.00) per parking space. Said municipal parking lot must be located within reasonable proximity to the commercial business as to be useful to said business.

B.    Existing Uses. The requirements set forth in subsection (A) above shall not apply to those business establishments already in existence on the effective date of this ordinance; said businesses may be continued or changed to a use of the same or a more restricted nature without compliance with said requirements, provided that said use or building is not enlarged or extended to occupy a greater area than that occupied by such building or use on the effective date of this ordinance; and further provided that said businesses shall continue to be subject to the parking requirements under which they were established; and shall continue to pay the parking fees as required pursuant to Section 12.44.120 of this Code, where such fees are applicable. (Ord. 2013-11 § 57, 2013; Ord. 1578 § 1, 1974: Ord. 1433 § 1, 1972)

12.44.130 Use of Slugs Prohibited.

No person shall deposit in any parking meter any slug, device or other substitute for lawful coin of the United States. (Ord. 850, 1958: 1949 Code § 3291.8)

12.44.140 Tampering with Parking Meters.

No person, except an agent or employee of the City in the course of his agency or employment, shall deface, injure, tamper with, open, or wilfully break, destroy or impair the usefulness of any parking meter. (Ord. 850, 1958: 1949 Code § 3291.9)

12.44.150 Prohibited Parking.

A.    City Council Designation. The City Council shall by resolution designate streets or portions of streets on which the parking or standing of vehicles is to be prohibited, and shall designate in the resolution the days of the week and the exact hours during which such prohibition shall be in effect.

B.    Signs. The City Traffic Engineer shall place and maintain signs giving notice of such prohibition.

C.    Compliance Required. When signs authorized by the provisions of this section are in place giving notice of the parking prohibition, no person shall park or stand any vehicle contrary to the directions and provisions of such signs. (Ord. 1085, 1964: 1949 Code § 3292.1)

12.44.160 Prohibited Night Parking.

A.    City Council Designation. The City Council shall by resolution designate streets or portions of streets on which the parking or standing of vehicles after six p.m. and before six a.m. the next day is to be prohibited, and shall designate in the resolution the days of the week and the exact hours during which such prohibition shall be in effect.

B.    Signs. The City Traffic Engineer shall place and maintain signs giving notice of such prohibition.

C.    Compliance Required. When signs authorized by the provisions of this section are in place giving notice of the parking prohibition, no person shall park or stand any vehicle contrary to the directions and provisions of such signs. (Ord. 922, 1960: 1949 Code § 3292.3)