Chapter 10.36
STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES

Sections:

10.36.010    Applicability of provisions—Temporary alteration of parking controls and regulations by public works director or their designee(s).

10.36.020    Stopping or standing in parkways prohibited.

10.36.030    Maintenance of no stopping and no parking zones—Public works director or their designee(s) duty—Compliance with markings required.

10.36.040    No parking areas.

10.36.050    Storage of vehicles upon streets prohibited.

10.36.060    Repealed.

10.36.070    Repairing or greasing vehicles on public streets prohibited—Exception.

10.36.080    Washing or polishing vehicles on public streets.

10.36.090    Parking adjacent to schools.

10.36.100    Parking prohibited on narrow streets.

10.36.110    Parking on grades.

10.36.120    Peddlers, vendors—Unlawful parking.

10.36.130    Emergency parking signs.

10.36.140    Parking of large or commercial vehicles near intersections.

10.36.150    Nighttime parking of large vehicles.

10.36.160    Nighttime parking of vehicles with operating air-conditioning or refrigeration units.

10.36.170    Designation of residential parking permit areas—Adoption of resolution.

10.36.180    Designation of residential parking permit areas—Content of resolution.

10.36.190    Designation of residential parking permit areas—Sign posting.

10.36.200    Limitations on parking in a residential permit parking area.

10.36.210    Reserved.

10.36.220    Residential parking permit—Issuance.

10.36.221    Lost, stolen, or defaced permit replacement.

10.36.230    Residential parking permits—Display required.

10.36.232    Enforcement.

10.36.233    Repealed.

10.36.235    Restricted parking in certain city parking lots.

10.36.240    Violation—Penalty.

10.36.010 Applicability of provisions—Temporary alteration of parking controls and regulations by public works director or their designee(s).

A. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times as specified in this chapter, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

B. 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 the ordinances of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

C. The public works director or their designee(s) or his or her designated alternate may, at his or her discretion, set aside, suspend or relocate parking controls and regulations on a temporary basis when it is found to be in the public interest or required for traffic safety. Before any such temporary change may become effective, the public works director or their designee(s) shall receive the police department’s approval for the change and have the change posted. (Ord. 1628 § 19, 2016: prior code § 3209)

10.36.020 Stopping or standing in parkways prohibited.

No person shall stop, stand or park a vehicle within any parkway. (Prior code § 3209.1)

10.36.030 Maintenance of no stopping and no parking zones—Public works director or their designee(s) duty—Compliance with markings required.

A. Public works director or their designee(s) is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this chapter.

B. When the curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this chapter. (Ord. 1628 § 20, 2016: prior code § 3209.2)

10.36.040 No parking areas.

No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:

A. Within any divisional island, unless authorized and clearly indicated with appropriate signs or markings;

B. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street when such area is indicated by appropriate signs or by red paint upon the curb surface;

C. In any area where the public works director or their designee(s) determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface;

D. In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface;

E. Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;

F. In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;

G. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking;

H. At any place within twenty feet of a point on the curb immediately opposite the midblock end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface;

I. At any place within fifteen feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop;

J. Within fifteen feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device. (Ord. 1628 § 21, 2016; prior code § 3209.3)

10.36.050 Storage of vehicles upon streets prohibited.

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours. (Prior code § 3209.4)

10.36.060 Parking for demonstration prohibited.

Repealed by Ord. 1484. (Prior code § 3209.5)

10.36.070 Repairing or greasing vehicles on public streets prohibited—Exception.

No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street. (Prior code § 3209.6)

10.36.080 Washing or polishing vehicles on public streets.

No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any street in this city, when a charge is made for such service. (Prior code § 3209.7)

10.36.090 Parking adjacent to schools.

A. The public works director or their designee(s) is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his or her opinion, interfere with traffic or create a hazardous situation.

B. When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. (Ord. 1628 § 22, 2016: prior code § 3209.8)

10.36.100 Parking prohibited on narrow streets.

A. The public works director or their designee(s) is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet.

B. When official signs or markings prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Ord. 1628 § 23, 2016; prior code § 3209.9)

10.36.110 Parking on grades.

No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent without blocking the wheels of the vehicle by turning them against the curb or by other means. (Prior code § 3209.10)

10.36.120 Peddlers, vendors—Unlawful parking.

Except as otherwise provided in this section or in Chapter 5.16, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, foodstuffs, or services are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. (Ord. 1594 § 4, 2013: prior code § 3209.11)

10.36.130 Emergency parking signs.

A. Whenever the chief of police shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the chief of police shall have 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 chief of police 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 chief of police shall cause such signs to be removed promptly thereafter.

B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. (Prior code § 3209.12)

10.36.140 Parking of large or commercial vehicles near intersections.

No person shall park any vehicle greater than six feet in height, including any load thereon, within one hundred feet of any intersection at any time. This section shall not apply to any particular intersection until signs or markings giving adequate notice thereof have been placed as determined appropriate by public works director or their designee(s). (Ord. 1628 § 24, 2016: Ord. 1062 § 1, 1986: prior code § 3209.14)

10.36.150 Nighttime parking of large vehicles.

Between the hours of ten p.m. and seven a.m., it is unlawful to park or leave standing upon any public right-of-way within two hundred feet of any dwelling, any vehicle exceeding (1) twenty feet in length, or (2) six thousand pounds unladen weight, except trailer coaches, housecars, campers or motorhomes. (Prior code § 3209.15)

10.36.160 Nighttime parking of vehicles with operating air-conditioning or refrigeration units.

Between the hours of ten p.m. and seven a.m., no person shall park or leave standing on any street or public right-of-way any vehicle, except a passenger vehicle, with an operating refrigeration or other unit to cool, heat, humidify, or otherwise air-condition the cargo area, except for locations at least two hundred feet distant from the nearest dwelling. (Prior code § 3209.16)

10.36.170 Designation of residential parking permit areas—Adoption of resolution.

A. The council should, by resolution, designate an area of the city as a residential parking permit area if the council finds that:

1. The area is predominantly residential;

2. The streets in the area are congested with vehicles parked by persons not residing in the area and the designation is supported by a majority of the affected households as indicated by a city survey of the affected households in which a sixty percent majority of participating households is required; or

3. Limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the character of the existing neighborhood as defined in resident petition and approved by a sixty percent majority of households in the area. Households will be determined using the city’s address database (there may be more than one household per parcel) and will be limited to non-multifamily units of less than five dwelling units.

B. In determining whether limiting the parking of vehicles along the streets in the area to vehicles registered to or controlled and used exclusively by persons residing in the area is necessary in order to preserve the character of the existing neighborhood for the persons residing in the area, the council shall consider the negative effect of vehicles parked by persons not residing in the area on:

1. Environmental characteristics such as ambient noise levels and air pollution levels;

2. Pedestrian and vehicular traffic safety in the area; and

3. The burden on persons residing in the area gaining access to their residences.

C. The council may, by resolution, designate an area of the city as a residential parking permit area after holding a public hearing and making a finding that the establishment of the district represents the desire of a majority of the households of the area. The hearing on any such resolution should only be held after the council receives a request, in a form acceptable to the council. (Ord. 1454 § 1, 2004: Ord. 1412 § 2 (part), 2002; Ord. 1264 § 1, 1994: prior code § 3209.17)

10.36.180 Designation of residential parking permit areas—Content of resolution.

The resolution designating an area of the city as a residential permit parking area shall describe the designated area in which parking will be limited to vehicles displaying a parking permit issued by the public works department for that purpose and shall set forth the hours and days, as specified by a sixty percent majority of the households in the district, when parking will be limited to those vehicles. (Ord. 1454 § 2, 2004: Ord. 1412 § 2 (part), 2002: Ord. 1264 § 2, 1994: prior code § 3209.18)

10.36.190 Designation of residential parking permit areas—Sign posting.

Upon adoption of a resolution by the council designating an area of the city as a residential parking permit area, the public works director or their designee(s) shall cause appropriate signs to be erected along the streets identified in the resolution which shall give notice of the limitation on the parking of vehicles in the area as provided in Section 10.36.170, and shall indicate the hours and days when such limitations shall be in effect. (Ord. 1628 § 25, 2016: prior code § 3209.19)

10.36.200 Limitations on parking in a residential permit parking area.

It is unlawful for any person to stop, stand, or park a vehicle on any street identified in a resolution adopted by the council designating a residential permit parking area during the hours and on the days set forth in such resolution except:

A. Those vehicles described in Section 10.36.180 displaying a valid permit issued as provided for by Section 10.36.220 and parked within the street block in front of the household to which the permit is issued or within one adjoining district block; or

B. Any emergency vehicle, including, but not limited to, an ambulance, fire engine, or police vehicle; or

C. A vehicle with commercial plates which is under the control of a person, who does not reside within the district, providing service for hire to property located in the designated residential permit parking area, including but not limited to a delivery vehicle; or

D. District residents wishing to sponsor special one-day events which will exceed the number of parking permits available may contact the city parking manager and request a temporary, special-event exemption to the residential permit requirement. If the temporary exemption is granted by the parking manager, all vehicles which have as their destination a qualified residential permit address, shall display in clear view on the dashboard, written confirmation of the street address and date and time of the event. Further, special events shall be deemed infrequent occurrences and any regular requests for parking permit exemption will not be authorized. This section shall not be interpreted to allow the daily parking of vehicles. Any vehicle not displaying the proper or authorized identification shall be subject to citation. (Ord. 1454 § 3, 2004: Ord. 1264 § 3, 1994: prior code § 3209.20)

10.36.210 Reserved.

*Ord. 1264, adopted June 7, 1994, repealed former § 10.36.210, relative to fee for residential parking permit application, which derived from prior code § 3209.22.

10.36.220 Residential parking permit—Issuance.

Annually, the director of public works shall issue two residential parking permits to the registered property owner, or the registered property owner’s representative, as authorized in writing, of each property shown with a unique number on the latest county of San Luis Obispo assessment roll within each residential parking permit area established by resolution as set forth in Section 10.36.180. Qualified households that have multiple, separate dwelling units shall be eligible for additional permits, providing the total number of permits issued to one parcel does not exceed twice the number of residential dwelling units on the parcel. All parking permits may be picked up in person at the office of the city parking manager or will be mailed to the address of the property on written request of the property owner.

Parking permits may be transferred by the residents to any vehicle that is to be parked on the street and will be recognized by the city, providing they are displayed clearly. The parking permits shall be issued annually. Fees for residential parking permits shall be established by city council resolution. The permits shall be considered part of the residential property and shall be transferred to the new property owner upon sale of the residence. (Ord. 1565 § 1, 2011: Ord. 1454 § 4, 2004: Ord. 1264 § 4, 1994: prior code § 3209.21)

10.36.221 Lost, stolen, or defaced permit replacement.

Any permit lost, stolen, defaced or otherwise altered shall be deemed invalid and a replacement permit shall be issued to the qualified property owner for a fee of fifteen dollars. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of twenty-five dollars. No additional replacement permits shall be issued within a twelve-month period. All permits shall be picked up by the property owner or a representative authorized in writing by the registered property owner, with proof of identification, at the office of the city parking manager. The property owner or a representative authorized in writing by the owner shall certify that the original permit was lost, stolen, or in the case of damaged permits shall submit the damaged permit, stating the permit shall be used by qualified residents and their bona fide visitors.

Any resident and/or property owner found to misrepresent themselves for the purposes of fraudulently obtaining residential parking permits shall lose their right to said permits and no permits will be issued to the household until the beginning of the next permit year and shall be guilty of an infraction. (Ord. 1454 § 5, 2004: Ord. 1264 § 5, 1994)

10.36.230 Residential parking permits—Display required.

Parking permits issued under Section 10.36.220 shall be displayed on a vehicle in a manner prescribed by the director of public works. The method of display shall be clearly stated on the rear of the permit. (Ord. 1264 § 6, 1994: prior code § 3209.23)

10.36.232 Enforcement.

Enforcement of the residential parking permit district shall be on a regular and routine basis, and may be on a complaint basis by residents within the district boundaries. Enforcement personnel shall be dispatched on an as-available basis as determined by the city parking manager/police department. All parking citations issued for noncompliance with the parking permit requirement shall be governed by the civil proceedings set forth in the California Vehicle Code. (Ord. 1412 § 2 (part), 2002: Ord. 1264 § 7, 1994)

10.36.233 Parking in yard.

Repealed by Ord. 1579. (Ord. 1264 § 8, 1994)

10.36.235 Restricted parking in certain city parking lots.

No person shall stop, stand, park or leave standing a motor vehicle in any city parking lot where vehicular parking has been restricted by a resolution adopted by the council; provided, that signs specifying the restrictions, or conditions under which parking is permitted, shall have been posted at all entrances to such property. Such signs shall be approved both as to wording and posting by the chief of police. (Prior code § 4220.10)

10.36.240 Violation—Penalty.

Every person convicted of a violation of any of the provisions of this chapter shall be punished by a fine for each separate offense as provided in Section 10.64.030. (Prior code § 3209.99)