CHAPTER 20.
MOTOR VEHICLES AND TRAFFIC. Revised 12/13

Article 1.    In General

§ 20-1    Definitions.

§ 20-2    Driving or riding on sidewalks.

§ 20-3    Driving or riding on new pavement, fresh markings, etc.

§ 20-4    Restrictions on use of freeways.

§ 20-5    Trains not to block crossings.

§ 20-6    Unauthorized barrier, signs, etc., obedience to, removal of, etc., signs and barriers

§ 20-7    Clinging to vehicles prohibited

§ 20-8    Removal of trees, etc., obstructing visibility at intersections

Article 2.    Administration and Enforcement

§ 20-9    Emergency response

§ 20-10    Repealed by Ord. 3018, August 16, 1990

§ 20-11    City Traffic Engineer -- office established; appointment

§ 20-12    Same -- powers and duties; deputies

§ 20-13    Traffic committee -- established; composition

§ 20-14    Same -- functions and duties

§ 20-15    Approval of regulation of traffic on state highways

§ 20-16    Directing traffic -- authority of police officers, firefighters, and other trained persons

§ 20-17    Same -- unauthorized persons prohibited; exception

§ 20-18    Enforcement of all parking regulations by Parking Meter Division

§ 20-19    Authority of police at public gatherings, etc.

§ 20-20    Obedience to traffic regulations generally

§ 20-21    Obedience to police officers, etc., required

§ 20-22    Interference with or obstruction of police officers, etc., prohibited

§ 20-23    Applicability of traffic regulations to persons riding bicycles, animals, etc.

§ 20-24    Applicability of Chapter to public employees

§ 20-25    Applicability of Chapter to authorized emergency vehicles, etc.

§ 20-26    Accident reports

§ 20-27    Removal of vehicles from streets by Police Department

Article 3.    Signs, Signals and Markings

§ 20-28    Authority to install

§ 20-29    Hours of operation

§ 20-30    Signs required for enforcement

§ 20-31    Obedience to traffic control devices

§ 20-32    Installation and maintenance of traffic signals

§ 20-33    Regulation of speed by traffic signals

§ 20-34    Lane markings

§ 20-35    Distinctive roadway markings

§ 20-36    Removal, relocation, etc., of traffic control devices

§ 20-37    Designation and meanings of curb markings

§ 20-38    Unauthorized painting of curbs

Article 4.    Operation of Vehicles

Division 1. Generally

§ 20-39    One-way streets and alleys

§ 20-40    Decrease of prima facie speed limits (Ord 3415; 08/2008)

§ 20-41    Driving through parades, processions, etc., prohibited

§ 20-42    Use of private driveways, etc., by commercial vehicles

§ 20-43    Driving onto or from limited access roadways

§ 20-44    Entrance into intersection so as to obstruct traffic prohibited

§ 20-45    Operation of vehicles on beaches restricted

§ 20-46    Obedience to barriers, signs, etc.

§ 20-47    Driving through, etc., railroad crossing, gates, etc., prohibited

§ 20-48    Use of animal-drawn vehicles in central traffic district restricted

§ 20-48.1    Parks, greenbelts and open spaces -- definitions

§ 20-48.2    Same -- regulation of vehicular travel

§ 20-48.3    Same -- authority of City Manager

§ 20-48.4    Alvarado Street Mall -- regulation of vehicles Revised 12/13

§ 20-48.5    Exemption of shuttle trams

§ 20-48.6    Mobile billboard advertising

Division 2. Turning Movements

§ 20-49    Turning markers, signs, etc., at intersections

§ 20-50    Prohibitions or restrictions on turning movements

§ 20-51    Obedience to restricted turn signs

§ 20-52    Right turns at signal controlled intersections

Division 3. Stop Intersections

§ 20-53    Erection of stop signs

§ 20-54    Erection of yield signs

§ 20-55    Stops required at through streets and stop intersections

§ 20-56    Yield right of way required at designated intersections

§ 20-57    Vehicles emerging from alleys, driveways, etc.

Division 4. Truck Routes

§ 20-58    Establishment and designation

§ 20-59    Restrictions on use of truck routes

§ 20-59.1    Same -- parking of trucks restricted

§ 20-60    Exemptions from restrictions

§ 20-60.1    Truck weight limitations (Ord 3367; 03/2006)

§ 20-61    Certain trucks prohibited on Iris Canyon Road

Article 5.    Pedestrians

§ 20-62    Establishment of crosswalks

§ 20-63    Use of crosswalks required in certain areas

§ 20-64    Obedience to pedestrian signals and traffic signals

Article 6.    Stopping, Standing and Parking

§ 20-65    Applicability of Article

§ 20-66    Maintenance of and obedience to no parking zones, etc.

§ 20-67    Stopping, standing or parking restricted generally

§ 20-68    Stopping, standing or parking in parkways prohibited

§ 20-69    Parking adjacent to schools

§ 20-70    Parking on narrow streets

§ 20-71    Parking on hills and grades

§ 20-72    Use of streets for storage or vehicles prohibited

§ 20-73    Use of streets for selling, repairing, washing, etc., of vehicles

§ 20-74    Standing or parking of peddler’s, etc., vehicles, carts, etc.

§ 20-75    Emergency parking restrictions

§ 20-76    Display of warning devices by disabled commercial vehicles

§ 20-77    Restricted parking zones -- 24 minute zones

§ 20-78    Same -- 12 minute zones

§ 20-79    Same -- one hour zones

§ 20-79.1    Same -- 90 minute zones

§ 20-80    Same -- two hour zones

§ 20-80.1    Same -- three hour zones

§ 20-80.2    Same -- four hour zones

§ 20-80.3    Same -- ten hour zones

§ 20-80.4    Same -- twelve hour zones

§ 20-81    Same -- central traffic district between 4:00 p.m. and 6:00 p.m.

§ 20-81.1    Exceptions

§ 20-81.2    Time limits in parking meter zones

§ 20-81.3    Parking in permit spaces

§ 20-82    No stopping zones

§ 20-83    Parallel parking on one-way streets

§ 20-84    Installation of and obedience to parking space markings

§ 20-85    Camping and sleeping in motor vehicles or trailers overnight prohibited

§ 20-85.3    Regulation of Overnight Parking; Fairground Road (Ord 3321; 04/2003)

§ 20-85.4    Regulation of overnight parking on Sand Dunes Drive

§ 20-86    Regulation of overnight parking; Marina lot

§ 20-86.1    Private parking lots -- use -- generally

§ 20-86.2    Same -- permission or authorization from owner required

§ 20-86.3    Same -- applicability of provisions of Vehicle Code

§ 20-86.4    Same -- signs

§ 20-86.5    Parking of semi-trailers prohibited; “semi-trailer” -defined

§ 20-86.6    Commercial Double-Parking Prohibited; Cannery Row (Ord 3309; 8/02)

Article 7.    Loading Zones

§ 20-87    Establishment and marking of zones

§ 20-88    Use of loading and passenger zones generally

§ 20-89    Unauthorized use of loading zones prohibited

§ 20-90    Unauthorized use of passenger loading zones prohibited

§ 20-90.1    Establishment of passenger loading zones.

§ 20-91    Parking in alleys restricted to loading purposes

§ 20-92    Establishment of coach zones

Article 8.    Parking Meters

§ 20-93    Definitions

§ 20-94    Establishment of parking meter zones

§ 20-95    Establishment and use of parking meter spaces

§ 20-96    Installation of parking meters

§ 20-97    Meter regulations to be prescribed by City Council

§ 20-98    Operation of parking meters

§ 20-99    Unauthorized use of parking meter spaces

§ 20-100    Hours of operation of meters

§ 20-101    Exceptions from Chapter requirements

§ 20-102    Permit parking spaces

§ 20-103    Violations resulting from mechanical failure of meters

§ 20-104    Breaking, destroying, tampering with, etc., meters prohibited

§ 20-105    Use of slugs prohibited

§ 20-106    Enforcement of Article

§ 20-107    Use of revenue

Article 9.    Municipal Parking Lots

§ 20-108    Vehicles to be parked in designated stalls

§ 20-109    Weight and size limitations on vehicles

§ 20-110    Speed limit in parking lots

§ 20-111    Restrictions on vehicles entering or leaving parking lots

§ 20-112    When parking toward curb required

§ 20-112.1    Moving vehicles within lots to avoid time limits

§ 20-112.2    Payment of prescribed fee required

§ 20-112.3    Bicycles, skateboards and similar vehicles prohibited

Article 10.    Special Regulations -- Monterey Traffic Underpass

§ 20-113    Monterey traffic underpass -- defined

§ 20-114    Same -- bicycles prohibited

§ 20-115    Same -- pedestrians prohibited

§ 20-116    Same - transportation of flammable liquids, etc., prohibited

§ 20-117    to § 20-149 Reserved for future use

Article 11.    Abandoned, Wrecked, or Dismantled Vehicles

§ 20-150    Declared nuisance; definitions

§ 20-151    Exemptions from Article

§ 20-152    Article supplemental to existing law

§ 20-153    Enforcement; right of entry of enforcing officer

§ 20-154    Right of entry of those franchised to abate nuisance

§ 20-155    City Council to fix administrative costs

§ 20-156    Authority of City Manager to abate and remove

§ 20-157    Notice of intention to abate and remove

§ 20-158    Public hearing upon request of owner of land or vehicle; notice of hearing

§ 20-159    Disposal of personal property found in vehicle

§ 20-160    Notice of hearing to California Highway Patrol

§ 20-161    Conduct of hearing

§ 20-162    Appeals to Council

§ 20-163    Abatement

§ 20-164    Notice of abatement to Department of Motor Vehicles

§ 20-165    Assessment of costs

§ 20-166    Penalty for refusal to abate

§ 20-167    through S 20-179 (reserved for future use)

Article 12.    Parking of Certain Vehicles in Residential Areas Prohibited

§ 20-180    Prohibition

§ 20-181    Definitions

§ 20-182    Method of measurement

§ 20-183    Designation of areas; notice

§ 20-184    Exception

Article 13.    Parking In Certain Areas With “For Sale” Signs Prohibited

§ 20-185    Prohibition.

ARTICLE 1.
IN GENERAL.

Sec. 20-1 Definitions.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Generally: Whenever any words or phrases are not defined in this Section, but are defined in the Vehicle Code of the state, such definitions shall apply.

Alley. Any unnamed street less than 25 feet in width between property lines.

Bicycle. A light vehicle without a motor, having two wheels, handle bars and a seat or seats, and propelled by the operator.

Coach. Any motor bus, motor coach or passenger stage used as a common carrier of passengers.

Curb. The lateral boundary of the roadway, whether such curb is marked by curing construction, or not so marked. Such term shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies.

Divisional island. A raised island located in the roadway and separating opposing or conflicting streams of traffic.

Garbage. All vegetable, fruit and animal waste resulting from the cooking, handling, storage, sale, preparations, use or consumption of food, including discarded food containers.

Holidays. Those days defined as State Holidays in Government Code Section 6700 as such Section now reads or may hereinafter be amended.

Loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Park. To stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.

Parkway. The portion of a street other than a roadway or a sidewalk.

Parking meter. A mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.

Passenger loading zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Pedestrian. Any person afoot.

Police officer. Every officer of the Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Refuse. All garbage and rubbish.

Rubbish. Any matter, other than garbage, which has been discarded, rejected or abandoned, or has become useless, including paper, brush and garden trimmings,

or which by its presence or accumulation is or may become a menace to health or a fire hazard or otherwise dangerous or offensive.

Stop. When required, complete cessation of movement.

Stop or stand. When prohibited, any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

Traffic Engineer. The City’s Traffic Engineer, or his or her designee. (Ord. 3424 § 8, 2009)

Sec. 20-2. Driving or riding on sidewalks.

No person shall ride, drive, propel or cause to be propelled any vehicle or animal across or upon any improved sidewalk, except over permanently constructed driveways and except when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided, that such sidewalk area is substantially protected by wooden planks two inches thick, and written permission is previously obtained from the City Traffic Engineer. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m.

Sec. 20-3. Driving or riding on new pavement, fresh markings, etc.

No person shall ride or drive an animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier, sign, cone-marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when any such device is in place indicating that the street or any portion thereof is closed.

Sec. 20-4. Restrictions on use of freeways.

No person shall drive or operate any bicycle, motor driven cycle or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway, as defined by state law, nor shall any pedestrian walk across or along any such street so designated and described except in space set aside for the use of pedestrians; provided, that official signs are in place giving notice of such restrictions.

Sec. 20-5 Trains not to block crossings.

No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than ten minutes; except that, this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails, to stop at or near the scene of the accident.

Sec. 20-6 Unauthorized barriers, signs, etc.; obedience to, removal of, etc., signs and barriers.

No person, public utility or department in the City shall erect or place any barrier or sign on any street unless of a type approved by the Traffic Engineer, or disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person, public utility or by any department of this City.

Sec. 20-7 Clinging to vehicles prohibited.

No persons shall attach himself with his hands, or catch on or hold on with his hands or by other means, to any moving vehicles or train for the purpose of receiving motive power therefrom.

Sec. 20-8 Removal of trees, etc., obstructing visibility at intersections.

Whenever the Traffic Engineer finds that any hedge, shrubbery or tree growing in a parkway obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, he shall cause the hedge, shrubbery or tree to be immediately removed or reduced in height.

ARTICLE 2.
ADMINISTRATION AND ENFORCEMENT.

Sec. 20-9 Emergency response.

In accordance with the authority provided by Government Code Sections 53150--53159, any person whose negligent operation of a motor vehicle, boat, or aircraft while under the influence of alcohol or drugs proximately causes any incident resulting in an emergency response, and any individual whose intentionally wrongful conduct proximately causes any incident resulting in an emergency response, shall be liable for and shall pay to the City of Monterey the costs of such emergency response. In no event shall an individual’s liability under this section exceed the maximum allowable under State statute.

The term “incident” as used in Government Code Sections 53150--53152 and in this section is any event, distinct from an arrest following an ordinary traffic stop, that proximately causes an emergency response by the City. (Ord. 3423 § 1, 2009)

Sec. 20-10 Repealed

Sec. 20-11 City Traffic Engineer -- office established; appointment.

The office of City Traffic Engineer is hereby established. The Traffic Engineer shall exercise the powers and duties with respect to traffic as provided in this Chapter. Whenever the Traffic Engineer is required or authorized to place or maintain official traffic control services or signals, he may cause such devices or signals to be placed or maintained. (Ord. 3424 § 8, 2009)

Sec. 20-12 Same -- powers and duties; deputies.

It shall be the general duty of the Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices and signals; to conduct engineering analyses of traffic accidents and to devise remedial measures; to conduct engineering and traffic investigations of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions; and to carry out the additional powers and duties imposed by this Code or any other ordinances of this City. Whenever, by the provisions of this Chapter, a power is granted to the Traffic Engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized, in writing, by him.

Sec. 20-13. Traffic Committee -- established; composition.

There is hereby established an advisory Traffic Committee to serve without compensation, consisting of the City Manager, the Chief of Police, the supervising traffic officer, Public Works Director as defined in Section 38-11, or the designated representatives of said persons, and such other number of City officials and representatives of unofficial bodies as may be determined and appointed by the Mayor. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 20-14. Same -- functions and duties.

It shall be the duty of the Traffic Committee to suggest the most practicable means for coordinating the activities of all officers and agencies of this City having authority with respect to the administration or enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints having to do with traffic matters; and to recommend to the legislative body of this City ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

Sec. 20-15. Approval of regulation of traffic on state highways.

Whenever this Chapter delegates authority to a City officer, or authorizes action by the City Council, to regulate traffic upon a state highway in any way which by state law requires the prior approval of the Department of Public Works of the state, no such officer shall exercise such authority nor shall such action by the City Council be effective with respect to any state highway without the prior approval, in writing, of the State Department of Public Works when and to the extent required by the Vehicle Code of the State.

Any provision of this Chapter which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the State Department of Public Works is required by state law shall cease to be operative six months after receipt by the City Council of written notice of withdrawal of approval of the State Department of Public Works.

Sec. 20-16. Directing traffic -- authority of police officers, firefighters, and other trained persons.

Officers of the Police Department, firefighters from the Fire Department, and such officers as are assigned by the Chief of Police, are hereby authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws.

In addition, City employees who are temporarily or permanently appointed by the City to regulate traffic and who are trained pursuant to a training program approved by the Chief of Police per California Vehicle Code Section 21100(e) may also direct and regulate traffic under the following conditions:

(a)    In the event of a fire, flood, accident or other emergency;

(b)    In the event that official traffic control devices are disabled or otherwise inoperable;

(c)    At the site of road or street construction or maintenance; or

(d)    At locations requiring traffic direction in order to expedite the orderly flow of traffic and to safeguard pedestrians. (Ord. 3424 § 8, 2009)

Sec. 20-17. Same -- unauthorized persons prohibited; exception.

No persons other than an officer of the Police Department or member of the Fire Department or a person authorized by the Chief of Police or a person authorized by the law shall direct or attempt to direct traffic by voice, hand or other signal; except, that persons may operate when and as provided in this Chapter any mechanical pushbutton signal erected by order of the City Traffic Engineer.

Sec. 20-18. Enforcement of all parking regulations by Parking Meter Division.

All persons duly assigned by the City Manager to the Parking Meter Division, either as permanent or temporary personnel of such division, are hereby empowered and directed to enforce all laws of the state and the City regulating the parking of motor vehicles. Such regulations include but are not limited to time limits, meter violations, loading zones, no stopping zones, passenger zones, permit parking zones and double parking. Such persons shall have the same authority as peace officers in the enforcement of such regulations including the authority to issue citations, or notices to appear and to execute complaints for violations thereof.

Sec. 20-19. Authority of police at public gatherings, etc.

At places where large numbers of people and vehicles are to gather or have gathered, nothing in this Chapter shall be construed to prevent any police officer from prohibiting any person from parking any vehicle upon or using any street or sidewalk, and such police officer shall have authority to direct the parking of vehicles in any reasonable manner, way or direction. No person shall fail to promptly obey the police officer’s order, signal or command, regardless of any other provision of this Chapter.

Sec. 20-20. Obedience to traffic regulations generally.

No person driving any vehicle or other conveyance upon any street, and no pedestrian, shall do any act prohibited, or fail to perform any act required, as applicable to any such person under this Chapter.

Sec. 20-21. Obedience to police officers, etc., required.

No person shall fail or refuse to comply with or to perform any act prohibited by any lawful order, signal or direction of a traffic or police office, or a member of the Fire Department, or a person authorized by the Chief of Police or by law.

Sec. 20-22. Interference with or obstruction of police officers, etc., prohibited.

No person shall interfere with or obstruct in any way any police officer or other officer or employee of this City in their enforcement of the provisions of this Chapter.

The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this City in connection with the enforcement of the parking regulations of this Chapter shall, if done for the purpose of evading the provisions of this Chapter, constitute such interference or obstruction.

Sec. 20-23. Applicability of traffic regulations to persons riding bicycles, animals, etc.

Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Chapter except those provisions which by their very nature can have no application.

Sec. 20-24. Applicability of Chapter to public employees.

The provisions of this Chapter shall apply to the operator of any vehicle owned by or used in the service of the United States Government, this state and the county or City, and no operator shall violate any of the provisions of this Chapter except as otherwise permitted in this Chapter or by the Vehicle Code of the state.

Sec. 20-25. Applicability of Chapter to authorized emergency vehicles, etc.

(a)    The provisions of this Chapter regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the Police or Fire Department, any public ambulance or any public utility vehicle of any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this Section, is operated in the manner specified by the Vehicle Code in response to an emergency call.

(b)    The preceding exemptions shall not relieve the operator of any such vehicle from his obligation to exercise due care for the safety of others or from the consequences of his willful disregard of the safety of others.

(c)    The provisions of this Chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a City department of public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail.

(d)    Commercial vehicles carrying heavy tools, material or equipment while actually engaged in construction or repair work upon a public street, or property adjacent thereto, may park in excess of the time set forth in this Chapter, upon special written permit therefor being issued by the Chief of Police.

Sec. 20-26. Accident reports.

(a)    The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, parking meter, lighting pole, telephone pole, electric light, or power pole; or resulting in damage to any tree, traffic control device or other property of a like nature located in or along any street, shall within 24 hours after such accident make a written report of such accident to the Police Department of this City.

(b)    Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damage in such accident.

(c)    The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this Section if and during the required time he is physically incapable of making a report, but in such event he shall make a report as required in this Section within 24 hours after regaining ability to make such report.

Sec. 20-27. Removal of vehicles from streets by Police Department.

Any regularly employed and salaried officer of the Police Department of this City may remove or cause to be removed:

(a)    Any vehicle that has been parked or left standing upon a street or highway for 72 hours or more consecutive hours.

(b)    Any vehicle left standing or parked on any street, highway, parking lot, wharf or other public place when the City Council has by resolution declared the area to be a tow-away zone and signs giving notice thereof have been posted. The City Council may establish certain times of the day, and or days, when said tow-away zone will be enforced.

(c)    Any vehicle which is parked or left standing upon a 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 for 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 that such vehicle may be removed are erected or placed at least 24 hours prior to the removal.

ARTICLE 3.
SIGNS, SIGNALS AND MARKINGS.

Sec. 20-28. Authority to install.

(a)    The City Traffic Engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this Chapter.

(b)    Whenever the Vehicle Code of the state requires for the effectiveness of any provision of this Chapter that traffic control devices be installed to give notice to the public of the application of such law, the Traffic Engineer is hereby authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.

(c)    The Traffic Engineer may also place and maintain or cause to be placed and maintained such additional traffic control devices as he may deem necessary or property to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in this Chapter or as may be determined by ordinance or resolution of the City Council.

Sec. 20-29. Hours of operation.

The Traffic Engineer shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this Chapter.

Sec. 20-30. Signs required for enforcement.

No provision of the Vehicle Code of the state or of this Chapter for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws.

Sec. 20-31. Obedience to traffic control devices.

The operator of any vehicle or train shall obey the instructions of any official traffic control device placed in accordance with this Chapter unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an emergency vehicle when responding to emergency calls.

Sec. 20-32. Installation and maintenance of traffic signals.

(a)    The City Traffic Engineer is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.

(b)    The Traffic Engineer shall ascertain and determine the locations where such signals are required by field investigations, traffic counts and other traffic information as may be pertinent, and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highway of the State Department of Public Works.

(c)    Whenever the Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at such intersection.

Sec. 20-33. Regulation of speed by traffic signals.

The Traffic Engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof.

Sec. 20-34. Lane markings.

The Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway.

Sec. 20-35. Distinctive roadway markings.

The Traffic Engineer is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code of the state on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code of the State.

Sec. 20-36. Removal, relocation, etc., of traffic control devices.

The Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code of the state or this Chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain.

Sec. 20-37. Designation and meanings of curb markings.

(a)    The Traffic Engineer is hereby authorized, subject to the provisions and limitations of this Chapter, to place, and when required shall place, the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meaning as set forth as follows:

1.    Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code of the state, and except that a bus may stop in a red zone marked or signed as a bus zone.

2.    Yellow shall mean no stopping, standing or parking at any time between 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for any purpose other than the loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than 20 minutes.

3.    White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, which shall not exceed three minutes, and such restrictions shall apply between 9:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, and except as follows:

(i) When such zone is in front of a hotel the restrictions shall apply at all times.

(ii) When such zone is in front of a theater the restrictions shall apply at all times.

4.    Blue shall mean parking is limited exclusively to vehicles of physically handicapped persons.

(b)    When the Traffic Engineer as authorized under this Section has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this Section.

Sec. 20-38. Unauthorized painting of curbs.

No person, unless authorized by this City, shall paint any street or curb surface; provided, that this Section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any resolution or ordinance of this City pertaining thereto.

ARTICLE 4.
OPERATION OF VEHICLES.

DIVISION 1.

GENERALLY

Sec. 20-39. One-way streets and alleys.

Whenever any ordinance or resolution of this City designated any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the directions of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

Sec. 20-40. Decrease of prima facie speed limits.

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is hereby declared that the prima facie speed limit shall be as set forth as follows upon those streets or parts of streets designated as follows when signs are erected giving notice thereof:

Street

Portion

Prima Facie Speed Limit

Abrego Street from Eldorado Street to Fremont Street

35 mph

Aguajito Road from Fremont Street to Mark Thomas Drive

35 mph

Aguajito Road from Mark Thomas Drive to Monhollan Road

45 mph

Airport Road from North Fremont Street to Monterey Peninsula Airport

25 mph

Barnet Segal Drive from Soledad Drive to Iris Canyon Road

40 mph

Camino Aguajito from Fremont Street to Del Monte Avenue

30 mph

Camino El Estero from Fremont Street to Del Monte Avenue

30 mph

David Avenue from Hawthorne Street to Devisadero Street

30 mph

David Avenue from Wave Street to Hawthorne Street

25 mph

Del Monte Avenue from Sloat Avenue to East City Limit

40 mph

Del Monte Avenue from Camino El Estero to Sloat Avenue

35 mph

Del Monte Avenue from Washington to Camino El Estero

30 mph

Eddy Burns Lane

15 mph

English Avenue from Del Monte Avenue to Highway 1 NB Ramps

30 mph

Fairground Road from Garden Road to Airport Road

35 mph

Foam Street from Lighthouse Avenue to David Avenue

30 mph

Franklin Street from Van Buren to the Presidio of Monterey

25 mph

Fremont Street from Camino Aguajito to Camino El Estero

40 mph

Fremont Street from Camino El Estero to Munras Avenue

30 mph

Garden Road from Fairground Road to Sky Park Court

40 mph

Garden Road from Sky Park Court to Olmsted Road

35 mph

Glenwood Circle from Iris Canyon Road to Via Lavendera

30 mph

Hawthorne Street from David Avenue to Dickman Avenue

25 mph

Josselyn Canyon Road from State Highway 68 to Deer Forest Drive

30 mph

Josselyn Canyon Road from Mark Thomas Drive to City Limit

35 mph

Lighthouse Avenue (Curve & Tunnel) from Del Monte Avenue to Private Bolio Road

40 mph

Lighthouse Avenue from David Avenue to Private Bolio Road

30 mph

Lower Ragsdale from Ragsdale Drive to Wilson Road

35 mph

Mark Thomas Drive from Aguajito Road to Fairground Road

35 mph

Monhollan Road from City Limit west of Deer Forest Drive to City Limit east of Via Malpaso

40 mph

Munras Avenue from State Highway 1 to Eldorado Street

40 mph

North Fremont Street from State Highway 1 to City Limit

35 mph

Olmsted Road from State Highway 68 to Monterey Peninsula Airport

30 mph

Pacific Street Soledad Drive to Grove Street

30 mph

Pacific Street from Lighthouse Avenue to Grove Street

25 mph

Prescott Avenue from Hawthorne Street to Devisadero Street

30 mph

Ragsdale Drive from State Highway 68 to Lower Ragsdale Drive

35 mph

Skyline Drive from Mar Vista (South Intersection) to Veterans Drive

35 mph

Skyline Forest Drive from Holman Highway 68 to Skyline Drive

35 mph

Sloat Avenue from Mark Thomas Drive to Del Monte Avenue

30 mph

Soledad Drive from Viejo Road to Pacific Street

30 mph

Soledad Drive from Pacific Street to Monte Vista Drive

30 mph

Sylvan Road from Mark Thomas Drive to its end

25 mph

Tyler Street Del Monte Avenue and its intersection with Custom House Tunnel

25 mph

Upper Ragsdale from Ragsdale Drive to Wilson Road

35 mph

Viejo Road from Soledad Drive southerly to City Limit

40 mph

Wilson Road from Lower Ragsdale Drive to York Road

35 mph

York Road from State Highway 68 to South Boundary Road

30 mph

(Ord. 3476 § 2, 2012; Ord. 3470 § 2, 2011; Ord. 3415, 2008; Ord. 3271, 2000)

Sec. 20-41. Driving through parades, processions, etc., prohibited.

No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade; provided, that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to the order of the Police Department.

Sec. 20-42. Use of private driveways, etc., by commercial vehicles.

No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited.

For the purpose of this Section, a commercial vehicle shall mean a vehicle having a rated capacity in excess of one-half ton.

Sec. 20-43. Driving onto or from limited access roadways.

No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are lawfully established.

Sec. 20-44. Entrance into intersection so as to obstruct traffic prohibited.

No operator of any vehicle shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

Sec. 20-45. Operation of vehicles on beaches prohibited.

(a)    No person shall drive, propel or operate any motor vehicle, except as provided in this Section, on any public beach within the City.

(b)    The following are excepted from the provisions of this Section:

1.    Peace officers operating vehicles in the performance of their duties.

2.    Persons operating vehicles owned by public agencies in the performance of their duties.

3.    Any person operating a motor vehicle in the performance of a contract for construction, repair or maintenance of any public beach or structure thereon, or agent or employee of such person.

(c)    For the purposes of this Section, “motor vehicle” is defined as any vehicle which is self-propelled, including but not limited to automobiles, trucks, jeeps, motor scooters, motorcycles, motor driven bicycles and beach buggies.

(d)    For the purposes of this Section, “public beach” is defined as any beach area used for recreational purposes which is owned, operated, or controlled by the State, any State agency, or any local agency, or unimproved beach area privately owned but used by the public for recreational purposes with or without permission of the property owner.

Sec. 20-46. Obedience to barriers, signs, etc.

No person shall operate a vehicle contrary to the directions or provisions of any barrier or signs erected pursuant to the provisions of any ordinance of the City; by any public utility; by any department of the City’ or by any other person pursuant to law or contract with the City nor shall any unauthorized person move or alter the position of any such barrier or sign.

Sec. 20-47. Driving through, etc., railroad crossing, gates, etc. prohibited.

No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.

Sec. 20-48. Use of animal-drawn vehicles in central traffic district restricted.

No person shall drive any animal-drawn vehicle into or within the central traffic district between the hours of 4:30 p.m and 6:00 p.m. of any day.

Sec. 20-48.1. Parks, greenbelts and open spaces --definitions.

For the purposes of Section 20-48.2 and 20-48.3, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Improved roadway. Any roadway which has been improved or paved with concrete, asphalt or other paving of a semi-permanent nature.

Park. Any park, playground, picnic area, open space, greenbelt or other area used either for recreation or for preservation of the natural conditions. Park shall include all premises which are owned by the City or over which the City has the right of control or use by virtue of a lease, easement or some other legal interest.

Parking Area. Any area appropriately designated by signs or other means.

Roadway. Any street, alley or lane, whether improved or unimproved, for the purposes of vehicular or pedestrian travel, but shall specifically exclude paths and sidewalks.

Vehicle. Any vehicle, motor vehicle, motorcycle, motor scooter, motor driven cycle, or bicycle. Where such words are defined in the California Vehicle Code, such definition shall be applicable.

Sec. 20-48.2 Same -- regulation of vehicular travel.

It shall be unlawful for any person, firm or corporation to operate a motor vehicle within any park in the City, except as follows:

(a)    Upon an improved roadway.

(b)    Emergency vehicles operated by governmental agencies in compliance with their duties.

(c)    Ambulances when picking up injured persons.

(d)    Vehicles owned and operated by public utilities for the purpose of constructing, maintaining or repairing any public utility.

(e)    Within designated parking areas.

(f)    On unimproved roadways where signs are in place indicating that the operation of vehicles on such roadway is permitted.

(g)    Vehicles operated by employees, contractors or agents of the City for the purposes of construction, repair or maintenance of parks.

(h)    Vehicles operated by any person, firm or corporation, or the employees, agents or contractors thereof, upon whom a legal duty to construct, maintain or repair is imposed.

Sec. 20-48.3. Same -- authority of City Manager.

(a)    The City Manager may, after proper investigation, find that the public necessity and convenience requires the use on unimproved roadways by vehicles and that such use can be made without damage to the park or interference with its normal and customary use. Upon such finding, the City Manager is authorized to permit the use of such roadways and to cause appropriate signs to be placed indicating that such use is permitted. The use so permitted may be limited to a certain class or classes of vehicles. The permission granted may at any time, without notice, be revoked by the City Manager and no notice need be given other than the removal of the signs.

(b)    On showing that the use of unimproved roadways is necessary for construction or other special purposes, the City Manager shall be authorized to grant permits to persons, firms or corporations to use unimproved roadways. Such permits shall be limited to the person, firm or corporation to whom granted, or to their authorized agents and employees. The City Manager may impose reasonable conditions on the permittee to insure the proper use of such roadways, including but not limited to time of operation, restoration of area upon completion, and class or weight of vehicles. The City Manager may further require a bond in an amount necessary to insure compliance with the permit.

Sec. 20-48.4. Alvarado Street Mall - regulation of vehicles. Revised 12/13

(a)    Motor vehicles prohibited. No person shall drive, operate or propel any motor vehicle or bicycle on the Alvarado Street Mall.

(b)    Definitions.

1.    The definition of “motor vehicle” and “bicycle” are as set forth in the State Vehicle Code.

2.    “Alvarado Street Mall” is defined as the northerly end of Alvarado Street commencing approximately 130 feet northerly of Del Monte Avenue and specifically designated by signs indicating motor vehicles and bicycles are not permitted beyond said point and continuing northerly to the end of Alvarado Street.

(c)    Exemptions. The following vehicles are exempt from the prohibitions set forth in subsection (a):

1.    Police, fire, ambulance, and other emergency vehicles owned or franchised by the State of California or any of its political subdivisions.

2.    Vehicles owned or operated by a public utility, or the contractor of a public utility, while engaged in the construction or repair of public utilities within the right-of-way.

3.    Repair vehicles of the City of Monterey while engaged in the construction or repair of public property.

4.    Vehicles, excluding automobiles, while being operated by handicapped persons.

5.    Bicycles.

6.    Public Transit vehicles

(d)    Permits. The City Manager may issue special permits to allow motor vehicles to operate on the Alvarado Street Mall under unusual circumstances, such as delivery of heavy equipment, emergency repairs due to fire, flood or other calamity and work that must be done by specialized vehicles. Permits shall not be granted for delivery of goods, wares or merchandise, normal repairs, service or refuse pick-up. In granting permits, the City Manager may make reasonable rules concerning time, place, manner, and duration of the operation of use to ensure the safety of pedestrians using the Mall and the quiet enjoyment of occupants to the adjacent structures. (Ord. 3485 § 2, 2013)

Sec. 20-48.5. Exemption of shuttle trams.

Notwithstanding provisions of the Monterey City ordinance to the contrary, the City Council may, by resolution, exempt shuttle tram vehicles from compliance with certain and various local ordinances restricting vehicular traffic from sidewalks, walkways, malls, parks, wharves, greenbelt, open space, and other areas where vehicular traffic is restricted or prohibited. Vehicles so exempt shall comply with all other laws and ordinances relating to safe operation including, but not limited to, normal “rules of the road”, and such vehicles will yield the right of way to pedestrians using the same pedestrian access areas.

Sec. 20-48.6. Mobile billboard advertising.

(a)     Definitions.

1.    “Mobile billboard” means any wheeled conveyance which pulls, carries, conveys, or transports any billboard, sign, or other message for the primary purpose of advertising.

2.    “Advertising” means attracting public attention to a business, product, or organization by using paid announcements through print, broadcast, or other media.

(b)     Purpose.

1.    The purpose of this section is to regulate mobile billboards, whose primary purpose is advertising, within the City limits in order to promote public safety by promoting the safe movement of traffic, improving the aesthetic appearance of the City, and reducing air pollution.

(c)     General Requirements.

1.    Except in situations requiring transport from public to private property, it is unlawful for a person or organization to conduct, or cause to be conducted, a mobile board advertisement upon a street or public place within the City where the public has the right of travel.

(d)     Exemptions.

1.    This section does not apply to vehicles, including buses and taxicabs, which display an advertisement or business identification for its owner, as long as the vehicle is engaged in the usual business or regular work of the owner. It should not be used to mainly or primarily display advertisements.

2.    All taxicabs operated in the City would continue to be regulated in this regard by Monterey City Code Section 36-10, which requires that all signs displayed on any taxicab shall be approved by the Police Chief. (Ord. 3440 C.S. § 1, 2010)

DIVISION 2.

TURNING MOVEMENTS.

Sec. 20-49. Turning markers, signs, etc., at intersections.

(a)    The Traffic Engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the Traffic Engineer is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

(b)    When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

Sec. 20-50. Prohibitions or restrictions on turning movements.

The Traffic Engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left turn, or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

Sec. 20-51. Obedience to restricted turn signs.

Whenever authorized signs are erected indicating that no right turn, left turn or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

Sec. 20-52. Right turns at signal controlled intersections.

(a)    No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign-posted giving notice of such restriction as provided in this Section.

(b)    The Traffic Engineer shall post appropriate signs giving effect to this Section where he determines that the making of right turns against a traffic signal “stop” indication would seriously interfere with the safe and orderly flow of traffic.

DIVISION 3.

STOP INTERSECTIONS.

Sec. 20-53. Erection of stop signs.

Whenever any ordinance or resolution of this City designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the City Traffic Engineer shall erect and maintain stop signs as follows:

A stop sign shall be erected on every street intersection such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the State Vehicle Code.

Sec. 20-54. Erection of yield signs.

Whenever any ordinance or resolution of this City designates and describes any street or portion thereof as a secondary arterial or any intersection at which vehicles are required to yield at one or more entrances thereto, the City Traffic Engineer shall erect and maintain yield signs as follows:

A yield sign shall be erected on every street intersecting such secondary arterial, or portion thereof so designated, at those entrances or other intersections where a yield sign is required. Every such sign shall conform to and shall be placed as provided in Section 21356 of the State Vehicle Code.

Sec. 20-55. Stops required at through streets and stop intersections.

(a)    Those streets and parts of streets so established by resolution of the City Council are hereby declared to be through streets for the purpose of this Section.

(b)    The provisions of this Section shall also apply at one or more entrances to the intersections as such entrances and intersections are established by resolution of the City Council.

(c)    The provisions of this Section shall apply at those highway railway grade crossings as established by resolution of the City Council.

(d)    When stop signs are erected as provided in this Division at the entrance to any intersection, every driver of a vehicle shall stop as required by State Vehicle Code.

Sec. 20-56. Yield right of way required at designated intersections.

(a)    Those streets and parts of streets so established by resolution of the City Council are hereby declared to be secondary arterial streets for the purposes of this Section.

(b)    The provisions of this Section shall also apply at one or more entrances to the intersections as such entrances and intersections are established by resolution of the City Council.

(c)    When yield signs are erected as provided in this Division at the entrance to any intersection, every driver of a vehicle shall slow down and stop if necessary and shall yield the right of way to other vehicles which have entered the intersection from an intersecting street or which are approaching so closely on the intersecting street so as to constitute an immediate hazard. Such driver having so yielded may then proceed and the drivers of all other vehicles approaching the intersection on the intersecting roadway shall yield the right of way to the vehicle so about to enter or cross the roadway protected by the yield right of way sign, all as required by the State Vehicle Code.

Sec. 20-57. Vehicles emerging from alleys, driveways, etc.

The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk are extending across any alley way or driveway.

DIVISION 4.

TRUCK ROUTES.

Sec. 20-58. Establishment and designation.

(a)    Whenever any resolution of this City designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons, the Traffic Engineer is hereby authorized to designate such street by appropriate signs as “truck routes” for the movement of vehicles exceeding a maximum gross weight limit of three tons.

(b)    Those streets and parts of streets established by resolution of the City Council are hereby declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of three tons.

Sec. 20-59. Restrictions on use of truck routes.

When any truck route is established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route and none other; except, that nothing in this Section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a truck route having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building 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 therefor.

Sec. 20-59.1. Same -- parking of trucks restricted.

(a)    When any truck route is established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three tons shall park along said designated routes and no other; except that nothing in this Section shall prohibit the parking for purpose of loading or unloading or making pickups or delivering of goods, wares and merchandise upon streets not designated as truck routes if said vehicle is in compliance with Section 20-59 above.

(b)    In any prosecution against the registered owner of a motor vehicle charging a violation of this Section, proof by the People of the State of California that the particular vehicle described in the complaint was parked in violation of this Section, together with proof that the defendant named in the complaint was at the time of parking the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, by violation occurred, but for the purposes of this Section, proof that a person is the registered owner of a vehicle is not prima facie evidence that the registered owner has violated any other provision of law. Proof of a written lease of, or rental agreement for, a particular vehicle described in the complaint, on the date and time of such violation, which lease or rental agreement includes the name and address of the person to whom the vehicle is leased or rented, a copy of which was delivered to the court within 30 days, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred.

(c)    In any prosecution against the lessee or renter of a motor vehicle charging a violation of this Section, proof by the People of the State of California that the particular vehicle described in the compliant was parked in violation of this Section, together with proof that the defendant named in the complaint was at the time of parking the lessee or renter of the vehicle, shall constitute prima facie evidence that the lessee or renter of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred, but for the purposes of this Section, proof that a person is the lessee or renter of a vehicle is not prima facie evidence that the lessee or renter has violated any other provision of law.

Sec. 20-60. Exemptions from restrictions.

The provisions of this Division shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission of the state or to any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.

Sec. 20-60.1 Truck weight limitations.

(a)    It shall be unlawful for any person to drive or cause to be driven any vehicle with a gross weight in excess of three tons on the following streets:

1.    Franklin Street between High Street and the boundary of the Presidio of Monterey.

2.    Encina Avenue between Casa Verde Way and Palo Verde Avenue.

3.    Garden Avenue between Palo Verde Avenue and Del Robles Avenue.

4.    Encina Avenue between Dela Vina Avenue and Casa Verde Way. (Ord 3367; 03/2006)

(b)    Such regulation shall be in effect only when appropriate signs are erected and maintained giving notice of such regulation.

(c)    Exempted from this regulation are emergency vehicles, including repair and maintenance vehicles operated by any public utility and vehicles making a pickup or delivery to private property immediately adjacent to the street within the regulated area.

Sec. 20-61. Certain trucks prohibited on Iris Canyon Road.

No person shall drive, cause to be driven or permit any vehicle having an unladen weight in excess of 5,000 pounds to be driven on any portion of Iris Canyon Road that lies within Iris Canyon Park, as such park is described in that certain deed from Margaret Jacks, et al, to the City, dated January 24, 1946.

Vehicles owned by any government agency, and vehicles owned by any public utility, while engaged in repairing, installing, maintaining or inspecting any public utility, shall be exempt from the provisions of this Section.

ARTICLE 5.
PEDESTRIANS.

Sec. 20-62. Establishment of crosswalks.

(a)    The Traffic Engineer is hereby authorized to establish and maintain crosswalks and to designate them by appropriate devices or painted signs upon the surface of the roadway.

(b)    The Traffic Engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated.

Sec. 20-63. Use of crosswalks required in certain areas.

No pedestrian shall cross a roadway other than by a crosswalk in any business district.

Sec. 20-64. Obedience to pedestrian signals and traffic signals.

Pedestrians shall obey the indication of special traffic signals installed for pedestrians only and shall disregard the indication of a vehicular traffic signal at any location where special pedestrian traffic signals are in place.

ARTICLE 6.
STOPPING, STANDING AND PARKING.

Sec. 20-65. Applicability of Article.

(a)    The provisions of this Chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times 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 State Vehicle Code or any ordinances of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

Sec. 20-66. Maintenance of and obedience to no parking zones, etc.

The Traffic Engineer is hereby 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.

When such 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.

Sec. 20-67. Stopping, standing or parking restricted generally.

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 red paint upon the curb surface.

(c)    In any area where the Traffic Engineer 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 City 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 of 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 24 hours prior to the effective time of such no parking.

(h)    At any place within 20 feet of a point on the curb immediately opposite the mid-block 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 20 feet of a crosswalk at an intersection in any business district 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 20 feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device.

(k)    In any area where the Chief of Police determines that such area is necessary for the use of any City, County or State police department, sheriff’s

department or highway patrol, when such area is indicated by appropriate signs or by red paint upon the curb surface. (Ord. 3424 § 8, 2009)

Sec. 20-68. Stopping, standing or parking in parkways prohibited.

No person shall stop, stand or park a vehicle within any parkway.

Sec. 20-69. Parking adjacent to schools.

(a)    The Traffic Engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his 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.

Sec. 20-70. Parking on narrow streets.

(a)    The Traffic Engineer is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 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.

Sec. 20-71. Parking on hills and grades.

No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding 3% (within any business or residence district) without blocking the wheels of such vehicle by turning them against the curb or by other means.

Sec. 20-72. Use of streets for storage of vehicles 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 72 hours.

Sec. 20-73. Use of streets for selling, repairing, washing, etc., of vehicles.

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.

No person shall wash or cause to be washed, polish or cause to be polished, any vehicle or any part thereof upon any public street in this City, when a charge is made for such service.

Sec. 20-74. Standing or parking of peddler’s etc., vehicles, carts, etc.

(a)    Except as otherwise provided in this Section, no person shall stand or park any vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car 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. The provisions of this Section shall not apply to person delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

(b)    No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy or other articles of food are sold or offered for sale.

(c)    No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon.

(d)    As used in this Section, the term “street” shall include all public parking lots, streets, walkways, malls, pedestrian paths, the landfill area, and all publicly owned property open to vehicular or pedestrian traffic.

Sec. 20-75. Emergency parking restrictions.

(a)    Whenever the Traffic Engineer 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 Traffic Engineer 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 Traffic Engineer 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 Traffic Engineer 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.

Sec. 20-76. Display of warning devices by disabled commercial vehicles.

Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight, when operated upon any street or highway during darkness shall be equipped with and carry at least two flares or two red lanterns or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above-mentioned or any trailer or semitrailer is disabled upon streets or highways within this City and upon which street or highway there is insufficient street lighting to reveal a

vehicle at a distance of 200 feet during darkness, a warning signal of the character indicated in this Section shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved Class A-Type I turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this Section until the devices mentioned above can be placed in the required locations. The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street or highway. Any trailer, semitrailer, dolly, fifth wheel or special mobile equipment not attached or connected to an operating tractor shall be considered a disabled vehicle for the purpose of this Section.

Sec. 20-77. Restricted parking zones -- 24 minute zones.

Green curb markings shall mean no standing or parking for a period of time longer than 24 minutes at any time between 9:00 a.m. and 6:00 p.m. on any day except Sundays and holidays. Where notice by means of signing or other authorized method is given, the 24 minute limitation shall apply on Sundays and holidays as well.

When authorized signs, parking meters, or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand, or park such vehicle adjacent to any such legible curb marking, sign, parking meter, or other authorized device in violation of this Section.

Sec. 20-78. Same -- 12 minute zones.

Green curb markings with additional signs or wording indicating 12 minutes shall mean no standing or parking for a period of time longer than 12 minutes at any time between 9:00 a.m. and 6:00 p.m. on any day except Sundays and holidays.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking, sign or parking meter in violation thereof. (Ord. 3424 § 8, 2009)

Sec. 20-79. Same -- one hour zones.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than one hour.

No person shall stop, stand or park any motor vehicle in two or more spaces which have been designated as one hour time limit spaces pursuant to this Section, which spaces are less than 150 feet distant from each other, for a cumulative period of time in excess of one hour. For purposes of this Section, the distance between spaces shall be determined by measuring along the curb facing from the closest point of one space to the closest point of the other space.

In enacting this Section, it is the intention of the City Council to provide short-term parking for customers and business visitors of commercial and professional establishments in the area and to prohibit the use of such parking spaces to persons desiring to park in excess of one hour.

Sec. 20-79.1. Same -- 90 minute zones.

When authorized signs, parking meters, or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than 90 minutes.

Sec. 20-80. Same -- two hour zones.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than two hours.

No person shall stop, stand or park any motor vehicle in two or more spaces which have been designated as two hour time limit spaces pursuant to this Section, which spaces are less than 150 feet distant from each other, for a cumulative period of time in excess of two hours. For purposes of this Section, the distance between spaces shall be determined by measuring along the curb facing from the closest point of one space to the closest point of the other space.

In enacting this Section, it is the intention of the City Council to provide short-term parking for customers and business visitors of commercial and professional establishments in the area and to prohibit the use of such parking spaces to persons desiring to park in excess of two hours.

Section 20-80.1. Same -- three hour zones.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than three hours.

No person shall stop, stand or park any motor vehicle in two or more spaces which have been designated as three hour time limit spaces pursuant to this Section, which spaces are less than 150 feet distant from each other, for a cumulative period of time in excess of three hours. For purposes of this Section, the distance between spaces shall be determined by measuring along the curb facing from the closest point of one space to the closest point of the other space.

In enacting this Section, it is the intention of the City Council to provide short-term parking for customers and business visitors of commercial and professional establishments in the area and to prohibit the use of such parking spaces to persons desiring to park in excess of three hours.

Section 20-80.2. Same -- four hour zones.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than four hours.

No person shall stop, stand or park any motor vehicle in two or more spaces which have been designated as four hour time limit spaces pursuant to this Section, which spaces are less than 150 feet distant from each other, for a cumulative period of time in excess of four hours. For purposes of this Section, the distance between spaces shall be determined by measuring along the curb facing from the closest point of one space to the closest point of the other space.

In enacting this Section, it is the intention of the City Council to provide short-term parking for customers and business visitors of commercial and professional establishments in the area and to prohibit the use of such parking spaces to persons desiring to park in excess of four hours.

Section 20-80.3. Same -- ten hour zones.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than ten hours.

No person shall stop, stand or park any motor vehicle in two or more spaces which have been designated as ten hour time limit spaces pursuant to this Section, which spaces are less than 150 feet distant from each other, for a cumulative period of time in excess of ten hours. For purposes of this Section, the distance between spaces shall be determined by measuring along the curb facing from the closest point of one space to the closest point of the other space.

In enacting this Section, it is the intention of the City Council to provide short-term parking for customers and business visitors of commercial and professional establishments in the area and to prohibit the use of such parking spaces to persons desiring to park in excess of ten hours.

Section 20-80.4. Same -- twelve hour zones.

When authorized signs, parking meters or curb markings have been determined by the Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, for a period of time longer than twelve hours.

No person shall stop, stand or park any motor vehicle in two or more spaces which have been designated as twelve hour time limit spaces pursuant to this Section, which spaces are less than 150 feet distant form each other, for a cumulative period of time in excess of twelve hours. For purposes of this Section, the distance between spaces shall be determined by measuring along the curb facing from the closest point of one space to the closest point of the other space.

In enacting this Section, it is the intention of the City Council to provide short-term parking for customers and business visitors of commercial and professional establishments in the area and to prohibit the use of such parking spaces to persons desiring to park in excess of twelve hours.

Sec. 20-81. Same -- central traffic district between 4:00 p.m. and 6:00 p.m.

When authorized signs are in place giving notice thereof no person shall stop, stand or park any vehicle upon any street in the central traffic district between the hours of 4:00 p.m. and 6:00 p.m. of any day, except Sundays and holidays.

Sec. 20-81.1 Exceptions.

The provisions of this Chapter and all other ordinances which establish time limit spaces or zones on any street, parking lot or other parking facilities regulated by the City notwithstanding, the City Council may, by resolution, increase or decrease the hours or days of enforcement. In the event the City Council establishes hours of enforcement other than between 9:00 a.m. and 6:00 p.m. daily except Sundays and holidays, appropriate notice shall be given to advise of said special hours and days of enforcement. Actions taken by the City Council to increase or decrease hours or days of enforcement prior to the adoption of this Section remain in full force and effect.

Sec. 20-81.2 Time limits in parking meter zones.

Whenever parking meter zones are established by resolution of the City Council pursuant to Article 8 of this Chapter, and when signs, parking meters or curb markings are in place giving notice thereof, it shall be unlawful to stand, stop or park any vehicle in any designated parking space in excess of the time limits established in such meter zone.

Sections 20-78 through 20-80 notwithstanding, the City Council may determine that the time limits in meter zones shall be in effect at any and all hours of the day or night and on Sundays and holidays.

Sec. 20-81.3 Parking in permit spaces.

Whenever permit parking spaces are established pursuant to ordinances of the City, and when adequate signs are in place giving notice that said spaces are for permit parking only, it shall be unlawful for any person to stop, stand or park a vehicle in any such space unless such person possesses a valid, unexpired, permit for parking issued by the City, and such permit is displayed or maintained in accordance with the conditions of issuance of said permit.

No permit issued pursuant to this section shall thereafter be assigned, sold, or transferred to any other person, with or without value. The person to whom a permit is issued shall be deemed its holder, and shall be responsible for the use or misuse of the permit. No person shall copy, produce, or create any facsimile or counterfeit parking permit, nor shall any person use or display any facsimile or counterfeit parking permit.

Sec. 20-82. No stopping zones.

The Traffic Engineer shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and days when stopping is prohibited.

During the hours and on the days designated on the signs, no operator of any vehicle shall stop such vehicle on any of the streets or parts of streets established by resolution of the City Council as no stopping zones.

Sec. 20-83. Parallel parking on one-way streets.

(a)    Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street, unless signs are in place prohibiting such stopping or standing, but no vehicle may park on the left side of a one-way street more than 18 inches from the left-hand curb.

(b)    In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in placing permitting such standing or parking.

(c)    The Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street, or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two or more separate roadways, and shall erect signs giving notice thereof.

(d)    The requirement of parallel parking imposed by this Section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case such vehicle may be backed up to the curb; provided, that such vehicles does not extend beyond the center line of the street and does not block traffic thereby.

Sec. 20-84. Installation of and obedience to parking space markings.

The Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.

When such parking space markings are placed on the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space, unless the size of such vehicle makes compliance impossible.

Sec. 20-85. Camping and sleeping in motor vehicles or trailers overnight prohibited.

No person shall use or occupy, or permit the use or occupancy of, any motor vehicle, recreational vehicle, camp trailer, camper, trailer coach, or similar vehicles for purposes of sleeping camping or habitation on any street or upon any public property, including any public parking lot, or upon any private parking lot, between the hours of 10:00 p.m. and 6:00 a.m. except in areas designated for camping by the City or as otherwise permitted by this City Code.

For the purposes of this section, the terms and definitions of the California Vehicle Code shall apply. (Ord 3281; 06/2000)

Sec. 20-85.3 Regulation of Overnight Parking; Fairground Road.

No person shall stop, stand or park any vehicle or trailer on Fairground Road, or any portion thereof, for a period of time longer than 30 minutes, between the hours of 2 a.m. and 5 a.m. on any day, except by permit.

Permits shall be issued by the Parking Division. Permits will not be valid during the Monterey County Fair, the Jazz Festival, the Blues Festival, or Reggae Festival. Vehicles not displaying valid permits will be cited.

These parking restrictions shall not apply until signs giving adequate notice thereof are in place, as authorized by the City Traffic Engineer. These parking restrictions do not apply to any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted street 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 street for which a building permit has previously been obtained. (Ord 3321; 04/2003)

Sec. 20-85.4 Regulation of overnight parking on Sand Dunes Drive.

No person shall stop, stand or park any vehicle or trailer on Sand Dunes Drive, or any portion thereof, between the hours of 2:00 a.m. and 5:00 a.m. on any day, except by permit.

Permits shall be issued by the Parking Division or their designee. Vehicles not displaying valid permits will be cited.

These parking restrictions shall not apply until signs giving adequate notice thereof are in place, as authorized by the City Traffic Engineer. These parking restrictions do not apply to any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted street 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 street for which a building permit has previously been obtained. (Ord. 3451 § 1, 2010)

Sec. 20-86. Regulation of overnight parking; Marina Lot.

No person shall stop, stand or park any vehicle or trailer in Municipal Parking Lot #2, also formerly known as the Marina Gated Lot, for a period of time longer than 30 minutes between the hours of 12:00 a.m. (Midnight) and 4:00 a.m. of any day until and unless said person first secures a special parking permit from the Harbormaster’s Office, which is prominently displayed within or upon said vehicle. Overnight parking pursuant to this section shall be allowed in numbered rows only.

Sec. 20-86.1. Private parking lots -- use -- generally.

The purpose of this Section and Sections 20-86.2 to 20-86.4 is to prohibit the use of private parking lots by persons not authorized by the owners thereof. The City requires that new or expanded business establishments construct and maintain parking lots to serve their customers and employees. If the use of these lots is not regulated and limited to persons authorized to use such lots by the owners thereof, it will defeat the purpose of the parking requirements imposed by the zoning ordinance and be an injustice to the persons who construct and maintain such lots.

Sec. 20-86.2. Same -- permission or authorization from owner required.

Whenever a private parking lot is posted and signed in accordance with Sections 20-86.1 to 20-86.4, it shall be unlawful for any person to stop, stand or park any motor vehicle in such parking lot without permission or authorization from the owner of such lot. For the purposes of these regulations, the term “owner” shall include tenant, lessee, agent or other person having lawful control or possession of the premises.

Sec. 20-86.3. Same - applicability of provisions of Vehicle Code.

Section 41102 of the state Vehicle Code shall be applicable to section 20-86.1 to 20-86.4.

Sec. 20-86.4 Same -- signs.

Any owner of a premises on which motor vehicles may be parked may avail himself of the provisions of Sections 20-86.1 to 20-86.3 by placing signs on such property, giving notice that only certain persons, or class of persons, may park on such property. Such signs shall clearly state that the premises is a “PRIVATE PARKING LOT” and that violators may be subject to the provisions of Sections 20-86.1 to 20-86.3. Such sign may also state that parking is permitted only by a certain class of persons such as customers, business visitors or employees of a certain business establishment. All such signs shall be subject to building, zoning and architectural regulations where applicable; provided, however, that failure to secure such approvals shall not be an excuse for violation of these regulations.

Sec. 20-86.5 Parking of semi-trailers prohibited; “semi-trailer” defined.

(a)    It shall be unlawful to stop, stand or park, or leave stopped, standing or parked, any semi-trailers on any street, highway, alley, parking lot or other property under the ownership or control of the City unless such semi-trailer is connected to a motor vehicle.

(b)    For the purpose of this Section, “semi-trailer” is defined as a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

Sec. 20-86.6 Commercial Double-Parking Prohibited; Cannery Row

No commercial vehicles may stop, stand, or park on the east side of Cannery Row, between David Avenue and Drake Avenue with the wheels of such vehicle more than 18 inches from the curb. A “commercial vehicle” is defined as any vehicle bearing commercial license plates issued by the state or other government licensing agency.

(Ord. 3309; 8/02)

ARTICLE 7.
LOADING ZONES.

Sec. 20-87. Establishment and marking of zones.

(a)    The Traffic Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:

1.    At any place in any business district.

2.    Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.

(b)    In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.

(c)    Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones.

(d)    Passenger loading zones shall be indicated by white paint upon the top of all curbs in such zones.

(e)    When, in the opinion of the Traffic Engineer, the volume of commercial deliveries so requires, he may limit the use of a loading zone or zones to commercial vehicles. A “commercial vehicle” is defined as any vehicle bearing commercial license plates issued by the state or other governmental licensing agency. When the Traffic Engineer has determined that the use of a loading zone is to be restricted to commercial vehicles, he shall cause such zone to be signed or marked giving notice of such restriction.

Sec. 20-88. Use of loading and passenger zones generally.

(a)    Vehicles may stop, stand or park in a loading zone to load or unload materials. In Parking Lot 6 at Fisherman’s Wharf the time limit is 30 minutes. In the remainder of the City the time limit is 20 minutes.

(b)    Whenever the Traffic Engineer has designated a loading zone for commercial vehicles only, and signs or markings are in place giving notice thereof, only commercial vehicles may stop, stand or park in such zone for the time necessary therefor, but in no event longer than 20 minutes.

(c)    Vehicles may stop, stand or park in a passenger loading zone for the purpose of loading or unloading passengers, including the personal baggage of such passengers, for the time necessary therefor, but in no event for more than three minutes.

(d)    Vehicles may stop, stand or park in a passenger loading zone for the purpose of depositing mail in a United State mail box located adjacent to the curb for the time necessary therefor, but in no event for more than three minutes.

Sec. 20-89. Unauthorized use of loading zones prohibited.

No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading of passengers or material for such time as is permitted in Section 20-88.

Sec. 20-90. Unauthorized use of passenger loading zones prohibited.

No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 20-88.

Sec. 20-90.1. Establishment of passenger loading zones.

Whenever the Traffic Engineer determines that there is a need for a passenger loading zone during a limited period of the day or on certain days, he is authorized to establish such zone and determine the hours of the day an/or the days during which only passenger loading shall be permitted. At other times of the day and/or days, the previously established time limits, if any, shall be in force.

Whenever signs or other appropriate markings are in place giving notice that an area shall be used only for passenger loading during certain hours and/or days, it shall be unlawful to park in such area except for the purpose of loading or unloading passengers during such specified hours and/or days and in no event in excess of 20 minutes.

Sec. 20-91. Parking in alleys restricted to loading purposes.

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley.

Sec. 20-92. Establishment of coach zones.

(a)    The Traffic Engineer is hereby authorized to establish coach zones opposite curb space for the loading and unloading of coaches or common carriers of passengers and to determine the location thereof.

(b)    Coach zones shall normally be established on the far side of an intersection.

ARTICLE 8.
PARKING METERS.

Sec. 20-93. Definitions.

For the purpose of this Article the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Generally. The definition of any term used in this Article not otherwise defined in this Section shall be the same as such term is defined and described in the State Vehicle Code.

Commercial vehicle. A vehicle of a type required to be registered under the State Vehicle Code and used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property.

Operator. Every individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control of a vehicle.

Parking or park. The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers or merchandise.

Parking meter. Any device which when a coin is deposited therein indicates the parking time for the vehicle parked adjacent thereto.

Parking meter space. A parking space of sufficient size to permit the parking of one vehicle only adjacent to a parking meter within a parking meter zone.

Parking meter zone. A portion of a street or City-owned or leased land upon which the parking of vehicles is regulated with the aid of parking meters.

Street. Any public street, avenue, road, alley, highway or other public way located in the City and established for the use of vehicles.

Vehicle. Any device on, upon or by which any person is or may be propelled, moved or drawn upon a street or highway, except a device used exclusively upon stationary rails or tracks.

Sec. 20-94. Establishment of parking meter zones.

The City Council shall, by resolution, establish parking meter zones, including therein such streets, portions of streets or City-owned or leased land, as parking conditions require.

Sec. 20-95. Establishment and use of parking meter zones.

Following the establishment of parking meter zones, the Traffic Engineer shall designate, by white lines upon the surface of the roadway or pavement, parking meter spaces in the established parking meter zones. At each space so designated no person shall park any vehicle in such a manner that such vehicle is not entirely within the limits of the space so designated. (Ord. 3424 § 8, 2009)

Sec. 20-96. Installation of parking meters.

The City Manager shall cause to be installed upon the curb or sidewalk adjacent to each designated parking meter space such parking meters as shall have been approved by the City Council.

Sec. 20-97. Meter regulations to be prescribed by City Council

The denomination of the coins that shall be deposited in parking meters, the parking time allowed following deposit of such coins, and the direction which shall appear on the parking meters, shall be such as may be prescribed by the City Council by resolution.

Sec. 20-98. Operation of parking meters.

No person shall park any vehicle in any parking meter space, except as otherwise permitted by this Article, without immediately depositing in the parking meter adjacent to such space such lawful coins of the United States as are required by such meter and as designated by directions on the meter, and when required by the directions on the meter, setting in operation the timing mechanism thereof in accordance with such directions, unless such parking meter indicates at the time such vehicle is parked that an unexpired portion remains of the period for which a coin has been previously deposited.

Sec. 20-99. Unauthorized use of parking meter spaces.

No person, except as otherwise provided by this Article, shall permit any vehicle parked by him to remain parked in any parking meter space during any time when the parking meter adjacent to such space indicates that no portion remains of the period for which the last previous coin had been deposited, or beyond the time limited for parking on that street or part of street by virtue of the provisions of this Chapter.

Sec. 20-100. Hours of operation of meters.

A vehicle may be parked and remain parked in a parking meter space without the deposit of any coin in the parking meter adjacent thereto from the hour of 6:00 p.m. to 9:00 a.m., and on Sundays and holidays; except, that the City Council, by a resolution establishing parking meter zones, may provide that meters in any such zones are enforced on Sundays and holidays, and the meters placed in such zones shall be plainly so marked.

A vehicle may be parked and remain parked in a parking meter space without the deposit of a coin in the parking meter adjacent thereto on Saturdays when the City Council has, by resolution, declared that the area in which such meter is situated shall be exempt from time limit restrictions, pursuant to the ordinance or ordinances regulating parking time limits.

Sec. 20-101. Exceptions from Chapter requirements.

(a)    Vehicles owned or operated by the City may park in parking spaces without depositing coins in the parking meters adjacent thereto when such vehicles are being used in line of duty.

(b)    Commercial vehicles may park in parking spaces to load or unload merchandise without depositing coins in the parking meters adjacent thereto for a period not to exceed 15 minutes. Should any such commercial vehicle be parked longer than 15 minutes without depositing a coin, the owner or operator thereof will be given a notice provided for in Section 20-18 and the regular penalty imposed. No such commercial vehicle may so park in violation of the other provisions of this Chapter.

(c)    Commercial vehicles carrying heavy tolls, material or equipment, while actually engaged in construction or repair work upon the public street or property adjacent thereto may park in parking spaces without depositing any coins, upon special written permit therefor being issued by the Parking Facilities Supervisor or by renting appropriate parking meter hoods and placing them over the meter in the manner set forth in this Section.

(d)    The Parking Facilities Supervisor is authorized to issue parking meter zone hoods to person engaged in construction or repair work, and such persons are hereby authorized to use such hoods as provided in this Section.

1.    Such hoods shall only be issued to those person engaged in construction or repair work upon the public street or property adjacent thereto, and only after due application, and after the Parking Facilities Supervisor is satisfied that the person has need for the hoods.

2.    Application for the issuance of a parking meter zone hood shall be made on a form approved by the Parking Facilities Supervisor, and shall require the following information:

(i)    The name and address of the applicant and the firm he represents.

(ii)    The license numbers of the vehicles that will be using the hoods.

(iii)    A statement of the reasons for the need of such parking restriction.

(iv)    Such other relevant information as the Parking Facilities Supervisor may require.

3.    The parking meter hood shall consist of:

(i)    A canvas hood of sufficient size to cover up the parking meter head.

(ii)    A locking device with the word “Construction Parking Only” printed on the hood in lettering as large as the space on the hood will permit.

4.    The hoods shall be conspicuously numbered and shall be rented by the Parking Facilities Supervisor on the basis of $10 per fiscal year, starting with July 1, and if part of the fiscal year has past, then at the rate of $2.50 for each quarter of a year, or part of a quarter of the fiscal year remaining, otherwise at $2 per month. Upon revocation or surrender of the authority to use such hood, the hood shall be returned and no refunds shall be made.

5.    The Parking Facilities Supervisor may revoke the authority granted under this Section to use such hood for any of the following reasons:

(i)    When the person has failed to pay the fee as provided in this Section.

(ii)    When the Parking Facilities Supervisor is satisfied that the circumstances no longer require the existence of such authority.

(iii)    When the person is found to be using the hood for other purposes than to fulfill the need for which the authority to use the hood was granted.

6.    The person authorized to use such parking meter hood shall place such hood over the head of the parking meter with the lettering facing the street and shall lock the lock provided on the hood, and shall only place or allow such hood to remain on the parking meter during such times as they are engaged in construction or repair work upon the public street, or the property adjacent thereto.

7.    No person shall cause, allow, permit or suffer any vehicle operated or controlled by him to be parked in any parking space within a parking meter zone adjacent to which a parking meter is established while a parking meter hood is properly in place on the head of the parking meter, unless such parking is while actually engaged in construction or repair work upon the public street or property adjacent thereto.

Sec. 20-102. Permit parking spaces.

The City Council may establish, by resolution from time to time, permit parking spaces in the City off-street parking lots, on Municipal Wharf No. 2, or on other City-owned property. When authorized signs are in place giving notice thereof no person shall stop, stand or park a vehicle in any such space unless such person has displayed a valid, unexpired permit parking sticker in the lower right-hand corner of the front windshield of such vehicle. The resolution shall set the monthly or quarterly charge for such permit parking and all permit parking receipts derived from off-street parking lots, or derived from parking meters purchased from the parking fund, shall be credited to the parking fund. All other receipts shall be credited to the fund designated in the resolution of the City Council which establishes the particular permit parking spaces.

Sec. 20-103. Violations resulting from mechanical failure of meters.

Any person unintentionally violating any provision of Sections 20-98 or 20-99 by reason of a mechanical failure of a parking meter not caused by such person or known to him prior to such violation may be acquitted of such violation upon establishing such facts by a preponderance of the evidence.

Sec. 20-104. Breaking, destroying, tampering with, etc. meters prohibited.

No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter, except by authority of the City Manager or the City Council.

Sec. 20-105. Use of slugs prohibited.

No person shall deposit or attempt to deposit in any parking meter any slug or other substitute for a coin of the United States.

Sec. 20-106. Enforcement of Article.

The City Manager shall be responsible for the installation, servicing, maintenance and repair of all parking meters.

The City Manager shall designate some person to make regular collections of all coins deposited in parking meters and it shall be the duty of such person to deliver such money to the collector.

Sec. 20-107. Use of revenue.

All receipts from the operation of parking meters, gates or other devices for the collection of parking fees shall be credited to the parking fund, except those moneys collected from that portion of Municipal Parking Lot No. 1 between the extension of Washington Street and the westerly edge of Municipal Wharf No. 2, which shall be credited to the Marina fund. Money in such parking fund shall be expended as follows:

(a)    First for payments due for the acquisition and installation of parking meters.

(b)    75% of the balance of such funds for the acquisition by purchase or lease of off-street parking facilities and for their improvement or maintenance.

(c)    25% of the balance of such fund shall be transferred to the general fund for the operation, maintenance and repair of parking meters, expenses incidental thereto and for general municipal purposes, including traffic enforcement, traffic engineering, street signs and signals, the purchase, maintenance and improvement of off-street parking facilities and for traffic enforcement officer’s salaries.

The provisions of this Section shall not apply to receipts from the operation of parking meters which are allocated and pledged to the payment of bonds and the interest thereon, to the payment of operation and maintenance costs of parking facilities or to the establishment and maintenance of any reserve funds, sinking funds or other funds designed for securing or paying bonds and the interest thereon in any proceedings for the creation of any vehicle off-street parking district or the issuance of bonds thereof. In such cases, the allocations and pledges made in such proceedings shall apply.

ARTICLE 9.
MUNICIPAL PARKING LOTS.

Sec. 20-108. Vehicles to be parked in designated stalls.

No person shall stop, stand or park any vehicle in a municipal parking lot except within designated stalls.

Sec. 20-109. Weight and size limitations on vehicles.

No person shall stop, stand or park any vehicles exceeding a gross maximum weight limit of three tons or exceeding either 30 feet in length or ten feet in width in

any parking lot owned or operated by the City; except, that vehicles exceeding the limits herein may stop, stand or park in portions of the Public Parking Lot No. 1 as follows:

(a)    That portion of Public Parking Lot No. 1 lying to the east of the Washington Street entrance may be used for the parking of vehicles which are in excess of such limits between the hours of 8:00 p.m. and 7:00 a.m. Such area shall be designated and signed by the City as “Truck Parking -- 8:00 p.m. to 7:00 a.m.”

(b)    Vehicles in excess of three tons and not exceeding 30 feet in length and ten feet in width may park in areas designated “Permit Parking” when a valid unexpired permit parking sticker for that area is displayed in the lower right-hand corner of the rear window of such vehicle.

(c)    Trailers designed and used solely for the transportation of boats on the highways and attached to either a passenger vehicle or a truck not exceeding a maximum weight limit of one and one-half tons may be parked in any portion of Public Parking Lot No. 1; provided, that it is parked in such a manner as to be completely within the designated parking places.

Sec. 20-110. Speed limit in parking lots.

No person shall drive a vehicle upon a municipal parking lot of the City at a speed in excess of five miles per hour.

Sec. 20-111. Restrictions on vehicles entering or leaving parking lots.

When signs are erected to give notice thereof, the driver of any vehicle emerging from any municipal parking lot in the City shall stop such vehicle immediately prior to driving onto a sidewalk, or any public street. The Traffic Engineer shall erect and maintain stop signs at the exits from all municipal parking lots. Every such sign shall conform with, and shall be placed as provided in, the State Vehicle Code.

When signs are erected giving notice thereof, no person shall use the entrance of Public Parking Lot. No. 1 from the Plaza de Muelle as an exit for any vehicle. The Traffic Engineer shall erect signs at the parking lot side of such entrance reading “Do Not Enter.” (Ord. 3424 § 8, 2009)

Sec. 20-112. When parking toward curb required.

Whenever the Traffic Engineer determines that it is necessary, in order to prevent damage to parking meters, signs, landscaping or other public property, or for the efficient and safe operation of any municipal parking lot, area, garage or other parking facility, that vehicles be parked so that the front of such vehicles is toward the curb, barrier, line or other designation of the end of a parking space, he shall cause notices to be posted advising that all vehicles are to be parked forward.

When such notices are in place, it shall be unlawful to park any vehicle in a designated parking space except with the front bumper of the vehicle within 12 inches of the curb, barrier, line or other designation of the end of such space. This regulation shall apply only to angle or perpendicular parking spaces having only one end marking. (Ord. 3424 § 8, 2009)

Sec. 20-112.1. Moving vehicles within lots to avoid time limits.

It shall be unlawful for any operator of a motor vehicle to move such vehicle or allow or permit others to move such vehicle within a municipal parking lot or to remove such vehicle from such lot and immediately return to the lot or allow or permit others to do so for the purpose of parking in excess of the established time limits. This regulation shall be applicable in municipal parking lots, or areas within municipal parking lots, where the City Council has established time zones of two hours or less pursuant to Sections 20-77 through 20-80, inclusive, or Section 29-94.

In establishing parking limit zones of two hours or less, it is the intention and purpose of the City Council to provide short-term parking for customers and business visitors.

Sec. 20-112.2. Payment of prescribed fee required.

In any parking lot owned or controlled by the City, where the City Council has by resolution established a fee for parking, it shall be unlawful to park any vehicle without paying the prescribed fee. This section shall not apply to lots regulated by parking meters.

Sec. 20-112.3. Riding bicycles, skateboards, etc., in Custom House Parking Facility prohibited.

No person shall ride or propel any bicycle, skateboard, roller skates, scooter, wagon or other similar non-motorized vehicle in the Custom House Parking Facility. Persons riding or propelling baby carriages, strollers or other similar vehicles for transportation of young persons, wheelchairs or other similar vehicles for transportation of the handicapped, or shopping carts or other similar vehicles used to transport goods or equipment shall be exempt from this regulation while riding or propelling such vehicles to and from motor vehicles to said facility.

ARTICLE 10.
SPECIAL REGULATIONS.

MONTEREY TRAFFIC UNDERPASS.

Sec. 20-113. Monterey Traffic Underpass -- defined.

The Monterey Traffic Underpass is hereby defined as that portion of depressed roadway or tunnel, including the approaches thereto, commencing at Washington Street and running approximately 2,100 feet northwesterly to its intersection with Lighthouse Avenue.

Sec. 20-114. Same -- bicycles prohibited.

When signs are in place giving notice thereof, no person shall ride, propel or operate any bicycle in the Monterey Traffic Underpass.

Sec. 20-115. Same -- pedestrians prohibited.

When signs are in place giving notice thereof, pedestrians shall not enter or use the Monterey Traffic Underpass. This Section shall not apply to public safety personnel, or officers, employees or agents of the City or other governmental agency or public utility engaged in law enforcement, or engaged in inspection, repair or maintenance of such facility.

Sec. 20-116. Same -- transportation of flammable liquids, etc., prohibited.

No person shall transport flammable liquids, flammable materials, flammable solids or explosives, whether by vehicle or any other means, through the Monterey Traffic Underpass. The terms “flammable liquids,” “flammable materials, “ “flammable solids,” and “explosives” shall be as defined in the Uniform Fire Code as adopted by the City.

Secs. 20-117 to 20-149. (Reserved for future use.)

ARTICLE 11.
ABANDONED, WRECKED, OR DISMANTLED VEHICLES.

Sec. 20-150. Declared nuisance; definitions.

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Article.

As used in this Article:

(a)    The term vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(b)    The term highway means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

(c)    The term public property does not include “highway.”

(d)    The term owner of the land means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(e)    The term owner of the vehicle means the last registered owner and legal owner of record.

(f)    The term City Manager shall include any officer or employee of the City designated by the City Manager to enforce this Article, including the execution of notices, holding of hearings and making findings.

Sec. 20-151. Exemptions from Article.

This Article shall not apply to:

(a)    A vehicle or part thereof in an enclosed building or outside an enclosed building not visible from the street or other public property, provided, however, that this exclusion shall not apply to abandoned, wrecked, dismantled, or inoperative vehicles on private property without the permission of the person having lawful custody or control of such property.

(b)    A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

(c)    A vehicle being repaired, remodeled or reconstructed by the owner thereof for his own use. This Section is limited to actions brought under this Article an shall not preclude actions brought for violations of any other statue or ordinance.

Nothing in this Section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (Commencing with Section 22650) of Division 11 of the Vehicle Code and this Article.

Sec. 20-152. Article supplemental to existing law.

This Article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the state, or any other legal entity or agency having jurisdiction.

Sec. 20-153. Enforcement; right of entry of enforcing officer.

Except as otherwise provided herein, the provisions of this Article shall be administered and enforced by the Chief of Police. In the enforcement of this Article, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Article.

Sec. 20-154. Right of entry of those franchised to abate nuisance.

When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Article.

Sec. 20-155. Council to fix administrative costs.

The City Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or part thereof, under this Article.

Sec. 20-156. Authority of City Manager to abate and remove.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

Sec. 20-157. Notice of intention to abate and remove.

A ten day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership, The notices of intention shall be in substantially the following forms:

“NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

“(Name and address of owner of the land)

“As owner shown on the last equalized assessment roll of the land located at ______________, you are hereby notified that the undersigned, pursuant to Monterey City Code Section 20-150 et seq., has determined that there exists upon said land an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, registered to _______, license number ________, which constitutes a public nuisance pursuant to the provisions of Article 11 of the Monterey City Code.

“You are hereby notified to abate said nuisance by the removal of said vehicle, or said parts of a vehicle, within ten days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof together with administrative costs, assessed to you as owner of the land on which said vehicle, or said parts thereof, is located.

“As owner of the land on which said vehicle, or said parts thereof, is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager within such ten day period, the City Manager shall have the authority to abate and remove said vehicle, or said parts thereof, as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the presence of said vehicle, or said parts thereof, on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

“Notice mailed ______________

/s/____________”

“NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

“(Name and address of last registered and/or legal owner of record of vehicle -- notice should be given to both if different)

“As the last registered (and/or legal) owner of record of (description of vehicle -- make, model, license, etc.), you are hereby notified that the undersigned, pursuant to Monterey City Code Section 20-150 et. seq., has determined that said vehicle, or said parts thereof, exists as an abandoned, wrecked, dismantled, or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Article 11 of the Monterey City Code.

“You are hereby notified to abate said nuisance by the removal of said vehicle, or said parts thereof, within 10 days from the date of mailing of this notice.

“As registered (and/or legal) owner of record of said vehicle, or said parts thereof, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Manager within such 10-day period, the City Manager shall have the authority to abate and remove said vehicle, or said parts thereof, without a hearing.

“Notice Mailed ________________

/s/ _____________”

Sec. 20-158. Public hearing upon request of owner of land or vehicle; notice of hearing.

Upon request by the owner of the vehicle or owner of the land, received by the City Manager within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the City Manager on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten-day period, such statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within such ten-day period after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

Sec. 20-159. Disposal of personal property found in vehicle.

Personal property, including boats, found within or upon an abandoned vehicle may be disposed of as part of the proceedings for abatement and removal of the vehicle in which the personal property is found.

Notices to property owners and vehicles owners required herein shall contain a description of such property. In the case of a boat bearing California registration numbers, the Department of Harbors and Watercraft shall be notified in the same manner as notice to the Department of Motor vehicles.

At the time of the hearing, the City Manager shall order any personal property found in or upon an abandoned vehicle, destroyed, junked, sold or other proper disposition considering its nature and value.

Sec. 20-160. Notice of hearing to California Highway Patrol.

Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least ten days prior to the public hearing.

Sec. 20-161. Conduct of hearing.

All hearings under this Article shall be held before the City Manager who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicles or parts thereof and the circumstances concerning its location on the private property or public property. The City Manager shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The City Manager may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this Article. He may delay the time for removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the public hearing, the City Manager may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or inoperative on private or public property and order the same removed from the property as a public nuisance disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the City Manager shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner.

If the land owner submit a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, of if an interested party makes a written presentation to the City Manager but does not appear, he shall be notified in writing of the decision.

Sec. 20-162. Appeals to Council.

Any interested party may appeal the decision of the City Manager by filing a written notice of appeal with the City Clerk within five days after his decision.

Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take other action deemed appropriate.

The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 20-156.

In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

Sec. 20-163. Abatement.

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 20-159, or fifteen days after such action of the governing body authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

Sec. 20-164. Notice of abatement to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

Sec. 20-165. Assessment of costs.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 20-159 hereof are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection . Such assessment shall have the same priority as other City taxes.

Sec. 20-166. Penalty for refusal to abate.

It shall be unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Article or state law where such state law is applicable.

Secs. 20-167 to 20-179. (Reserved for future use.)

ARTICLE 12.
PARKING OF CERTAIN VEHICLES IN RESIDENTIAL AREA PROHIBITED.

Sec. 20-180. Prohibition.

It shall be unlawful for any person, firm or corporation to park any vehicle or trailer in excess of 20 feet in length and in excess of 6 feet 6 inches in height on any street, alley, parking lot, or other public place, or within the front yard area in any residentially-zoned area between the hours of 2:00 a.m. and 6:00 a.m. when said area has been established as a no parking area pursuant to Section 20-183 of this Article.

Sec. 20-181. Definitions.

For the purposes of this Article, the following words and phrases shall have the following meanings:

(a)    “Vehicle” and “trailer” shall be as defined in the State Vehicle Code.

(b)    “Residential zone” shall be any property or zone bearing an “R” designation pursuant to the zoning ordinance of the City of Monterey.

(c)    “Front yard area” means that property extending the full width of the lot measured between the front lot line and the building, including any garage or accessory structures attached or appurtenant to the main building. The prohibition set forth in Section 20-180 is applicable to driveways and unenclosed carports within the front yard area.

Sec. 20-182. Method of measurement.

For the purposes of this Article, measurements shall be made as follows:

(a)    Length shall be measured from the front to the rear of the body of the vehicle excluding bumpers, tail lights, racks and other similar appendages.

(b)    Height shall be measured from the ground to the highest point of the body excluding racks, antennas, air conditioning units, detachable storage compartments, and similar appurtenances.

(c)    Trailers that are designed to haul boats, equipment or other property when loaded, shall be measured to include their load.

Sec. 20-183. Designation of areas; notice.

(a)    The City Council may from time to time by resolution, determine the sections of the City in which these regulations shall be applicable.

(b)    Prior to the adoption of said resolution, the City Council shall hold a public hearing to consider the inclusion of any territory. Territory may be excluded from regulation of any resolution adopted without a public hearing.

(c)    Said regulations shall not be enforceable unless and until signs have been placed, or other adequate forms of notice have been given. In areas where it is difficult to give adequate notice by signing, a written notice to the owner of the vehicle advising of these regulations shall constitute adequate notice for any violations subsequent to the notices.

Sec. 20-184. Exceptions.

Emergency vehicles, utility company vehicles, and commercial vehicles, while in the process of providing emergency services or repairs, shall be exempt from the provisions of this Article.

ARTICLE 13.
PARKING IN CERTAIN AREAS WITH “FOR SALE” SIGNS PROHIBITED

Sec. 20-185. Prohibition.

It shall be unlawful for any person to park any vehicle displaying a sign indicating the vehicle is for sale on any street, alley, parking lot, or other public property where such area has been established by resolution of the City Council as an area where the public safety and welfare justifies such prohibition, and where adequate signs noticing motorists of the prohibition have been erected.