Chapter 10.32
STOPPING, STANDING AND PARKING*
Sections:
10.32.010 Entrance to and Exit From Public Parking Areas.
10.32.040 Application of Provisions.
10.32.060 Limited Time Parking.
10.32.090 Double-Parking of Commercial Vehicles.
10.32.100 Emergency Parking Signs.
10.32.110 Special Purpose Parking.
10.32.120 Parking by Service Station Operators.
10.32.130 Running of Engines While Stopped.
10.32.140 Resident Permit Parking.
10.32.150 Removing or Concealing a Mark.
* For statutory provisions on stopping, standing and parking, see Vehicle Code § 22500 et seq.; for provisions on removal of parked vehicles, see Vehicle Code § 22650 et seq.; for provisions on local curb markings, see Vehicle Code § 21458.
10.32.010 Entrance to and Exit From Public Parking Areas.
The City Council may by resolution from time to time designate accesses to public off-street parking areas as accesses to be used solely for the entrance or exit, as the case may be, for vehicles. When, pursuant to such resolution, markings are placed at such areas giving notice that such accesses are to be used solely for exit or entrance, any driver of a vehicle who thereafter drives a vehicle over and across such access in a direction other than that so indicated shall be guilty of an infraction. (Ord. 79-21 § 28, 1979; Ord. 27 C.S. § 1, 1960; Code 1975 § 528.5).
10.32.020 Parking Stalls.
A. Where parking stalls are indicated by painted lines, plastic markers, or any other marking upon the streets indicating parallel, angle or other types of parking, it is unlawful to stand or park a vehicle other than wholly within the stalls so indicated.
B. Where parking stalls are indicated by painted lines, plastic markers, or any other marking in any public parking lot, designating parallel, angle or other types of parking, it is unlawful to stand or park any vehicle other than wholly within the stalls so indicated. (Ord. 79-20 § 5, 1979; Ord. 75-17 § 1, 1975; Ord. 141 N.S. § 1, 1952; Ord. 196 § 44, 1938; Code 1975 § 543).
10.32.030 Angle Parking.
The City Council shall determine those streets upon which angle parking shall be permitted (other than State highways where such parking is prohibited by the State Vehicle Code) and the Director of Public Works shall indicate such places by placing white lines upon the surface of the roadway indicating the angle at which parking is permitted. (Ord. 196 § 45, 1938; Code 1975 § 544).
10.32.040 Application of Provisions.
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 title, except when it is necessary to stop a vehicle to avoid conflict with other traffic 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 this title or of laws prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 196 § 46, 1938; Code 1975 § 545).
10.32.050 Erection of Signs.
The Director of Public Works, or his/her authorized representative, when instructed by the City Council to do so, shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any of the following places:
A. At any place within 15 feet of an intersection other than as mentioned elsewhere in this chapter.
B. Within five feet of the approach to the nearest crosswalk.
C. At any location in the City where the parking of a vehicle would create a hazard as determined by the Chief of Police and designated by the adoption of a resolution by the City Council. (Ord. 91-15 § 1, 1991; Ord. 206 § 1, 1939; Ord. 196 § 48, 1938; Code 1975 § 547).
10.32.060 Limited Time Parking.
When authorized signs are in place giving notice thereof, no persons shall stop, stand or park any vehicle within the City for a longer period of time than the time so established by resolution of the City Council. Each consecutive period of time longer than the time so established that a person so stops, stands, or parks a vehicle shall constitute a separate overtime parking offense. (Ord. 87-17 § 1, 1987; Ord. 82-21 § 1, 1982; Ord. 63 C.S. § 1; 1963; Ord. 196 § 49, 1938; Code 1975 § 548).
10.32.080 Unlawful Acts.
It is unlawful for any person to park or permit to be parked any vehicle, pushcart or other contrivance within the City on any street, parking area, park or other public land or area within the City, under the following conditions:
A. Sales From Vehicles. To stop, stand, or park any vehicle from which goods, wares, merchandise or foodstuffs are sold, displayed, solicited or offered for sale, barter or exchange, without permission of the City Council, except for the delivery of merchandise upon prearranged order to a customer.
B. Vehicles For Hire. To stop, stand, or park any vehicle which is used or intended to be used for the transportation of property or persons for hire while awaiting patronage, without first obtaining permission of the City Council.
C. Vehicles For Sale. To park any vehicle for the purpose of displaying such vehicle for sale. The display of any sign or other information on or about the vehicle, indicating that such vehicle is for sale, shall create a presumption that such vehicle is parked for the purpose of displaying it for sale.
D. Recreational Vehicles. To park any house trailer, camper or other vehicle adapted for sleeping, eating, camping, or other human habitation purposes, except that such vehicle may be parked on the public streets, in accordance with other State and City laws regulating parking, for a period of not more than six consecutive hours within any 24-hour period, providing that during the period of parking the vehicle is not used for sleeping, food preparation, camping, eating or other human habitation purpose.
E. Parking at Sunset Center. To park any unattended vehicle in any parking lot or parking area at Sunset Center within 20 feet of any portion of the main structure when that portion of the parking lot or parking area has been so marked by appropriate signs and/or paving markings.
F. Parking in Parkways. To park any vehicle in any park, parkway, greenbelt, planting area or sidewalk area within the City except within parking areas specifically designated as such by the City Council.
G. Parking on Certain Streets. To park or permit to be parked on any portion of Ocean Avenue west of San Antonio, Del Mar Avenue, and Scenic Road any vehicle exceeding 12,000 pounds gross weight or exceeding 20 feet in length overall, including bumpers, or exceeding seven and one-half feet in height at its highest point, except when engaged in the loading or unloading of passengers or goods as may otherwise be permitted by law.
H. Parking on Private Property. To park a vehicle in a private driveway or on a private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property. Any vehicle parked in violation of the provisions of this ordinance may be removed from said property in accordance with the provisions of the Vehicle Code of the State of California.
I. When any vehicle is parked on any roadway or portion thereof necessary for street sweeping, repair, maintenance or construction of such roadway, or for the installation of underground utilities, and signs giving notice that parking is prohibited and that the vehicle may be removed are erected or placed at least 48 hours prior to the removal except in the case of emergency, said vehicles may be removed in accordance with the provisions of the State of California Vehicle Code at the owner’s expense.
J. Parking at the Vista Lobos Parking Lot. To park at any time a truck, bus, motor home, coach, or any vehicle that is over five tons or over 20 feet long, or seven and one-half feet high; or to park any vehicle from 11:30 p.m. to 6:00 a.m. daily.
K. Parking on Torres Between Third Street and Fourth Street. To park at any time, except for immediate loading or unloading purposes as authorized by law, any truck, bus, motor home, coach, trailer, or any other vehicle that is over five tons or over 20 feet long, or seven and one-half feet high, at any time.
L. Parking on Scenic Road or in the Ocean Avenue/Del Mar Parking Lot. It is unlawful to park on Scenic Road between Eighth Avenue and Santa Lucia Avenue or in the Ocean Avenue/Del Mar parking lot west of San Antonio from midnight until 5:00 a.m., without a City resident’s parking permit. (CMC 17.20.200(M)).
M. Parking at the North Sunset Center Parking Lot. It is unlawful for any person to park their vehicle without first obtaining a paid parking coupon for a designated time limit and displaying said coupon in plain view on the driver’s side dash. Any vehicles found parked over the specified time limit or not displaying a valid parking coupon will be cited under this subsection.
N. Parking at the Designated Tour Bus Zone Along Junipero Between Seventh and Ocean Avenue. It is unlawful for any person to park a tour bus or any other vehicle for hire, designed, used, or maintained for carrying more than 10 persons, without first obtaining a paid parking coupon for a designated time limit and displaying said coupon in plain view on the driver’s side dash. Any tour bus, or vehicle for hire, parked beyond the specified time limit or not displaying a valid parking coupon will be cited under this subsection. Any other vehicle parked in this tour bus zone that does not meet the above criteria will be cited and/or towed at the owner’s expense when appropriate signs are posted. (Ord. 2004-07 §§ 1, 2, 3, 2005; Ord. 2004-04 §§ 1, 2, 2004; Ord. 91-17 § 1, 1991; Ord. 89-7 § 1, 1989; Ord. 84-5 § 1, 1984; Ord. 77-12 § 1, 1977; Ord. 231 C.S., 1971; Ord. 197 C.S. § 1, 1969; Ord. 185 C.S. § 1, 1969; Code 1975 § 549).
10.32.090 Double-Parking of Commercial Vehicles.
A. Definitions.
1. “Commercial vehicle” means any vehicle so defined by the Vehicle Code of the State of California.
2. “Double-park” means to leave a vehicle stopped, parked or standing, upon a roadway where there are adjacent curbs, with the right-hand wheels of such vehicle more than 18 inches from the right-hand curb. Where no curbs exist, the edges of the paving shall be considered as curbs for the purpose of this section.
B. Unlawful Acts. Because of Carmel-by-the-Sea’s narrow and congested streets in the commercial districts, because the double-parking of commercial vehicles creates obstacles to the movement and passage of fire and other emergency vehicles, because the obstruction of emergency vehicles endangers public safety, and upon the recommendations of the Fire and Police Chiefs of this City, it is unlawful to double-park any commercial vehicle on the south or west side of any street in the commercial district, excluding Ocean and Junipero Avenues. (Ord. 185 C.S. § 2, 1969; Code 1975 § 549.1).
10.32.100 Emergency Parking Signs.
A. Whenever the Chief of Police determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the Chief of Police shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the Chief of Police shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the Chief of Police shall cause such signs to be removed promptly thereafter.
B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park, or stand any vehicle contrary to the direction and provisions of such signs. (Ord. 196 § 51, 1938; Code 1975 § 550).
10.32.110 Special Purpose Parking.
When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle in or on any parking area owned by the City except for the purpose of enabling the occupant of the vehicle to transact such business as established by resolution of the Council, nor for any longer period of time than that time necessary to transact such business. (Ord. 91 C.S. § 1, 1964; Code 1975 § 500.5).
10.32.120 Parking by Service Station Operators.
It is unlawful for any person operating a service station or other automotive service facility or business to park or permit to be parked any vehicle on any public street or public parking lot within the City so that such vehicle is in or becomes in violation of any law of this City, when such vehicle has been left with or in care of the operator of any such service station or business or its agent and has not been reclaimed by the owner or operator of the vehicle. (Ord. 212 C.S. § 1, 1970; Code 1975 § 550.6).
10.32.130 Running of Engines While Stopped.
A vehicle engine which emits exhaust fumes into the air shall be turned off while the vehicle is stopped or standing or parked on a public street or public parking area, unless the vehicle is in the moving traffic lane waiting to move with the normal flow of traffic. Vehicle engines shall be turned off when loading and unloading passengers or merchandise, except when the engine is needed to operate equipment used to load or unload merchandise. This prohibition shall apply to all vehicles including trucks and tour buses excepting emergency vehicles, utility company and maintenance vehicles, the engines of which must run to perform needed work. (Ord. 77-14 § 4, 1977; Code 1975 § 550.7).
10.32.140 Resident Permit Parking.
It is the purpose of this section to establish for residents or owners of residential property (R-1, R-4) within the corporate limits of the City, a permit parking system in the commercial district.
A. 1. Vehicles bearing current residential parking permit stickers shall be allowed to be parked for three hours in parking spaces marked for 120-minute parking and double the time in green parking spaces with the exception of 10-minute timed zones.
2. Vehicles bearing current residential parking permit stickers shall be allowed to be parked along Scenic Road at all times, and in those areas of the residential district designated by resolution and properly posted for residential permit parking.
B. A residential parking permit sticker shall be issued to an eligible resident or owner of residential property (R-1, R-4) within the corporate limits of the City, by a City employee who shall place the sticker on the left rear bumper of the vehicle so that it can be readily seen by a traffic-control officer. In order to be eligible to receive a residential parking permit sticker:
1. The applicant must prove residency or ownership of residential property within the corporate limits of the City; and
2. The applicant must prove that s/he is the registered owner of the vehicle.
C. 1. Residency may be proved by:
a. A showing that the current registered voter list on file with the Registrar of Voters for Monterey County indicates that the applicant is a registered voter with an address within the corporate limits of the City;
b. A declaration under penalty of perjury signed by a currently registered voter certifying that the applicant is a resident of the City;
c. A valid California driver’s license indicating the applicant’s address is within the corporate limits of the City; or
d. Other acts, occurrences or events that indicate that presence in the City is more than temporary or transient.
2. Ownership of residential property within the corporate limits of the City may be proven by:
a. A current homeowner’s exemption;
b. A valid deed; or
c. Any other reliable manner of establishing title.
D. Residential parking permit stickers shall be issued pursuant to procedures to be established by the City Administrator. Copies of the procedures may be obtained from the City Clerk. The stickers shall be good for one year. A fee shall be established by resolution of the City Council to cover the cost of materials and labor involved in providing the sticker. The fee shall not be prorated because a sticker is issued for less than one full year. The fee may be changed by resolution of the City Council. (Res. 2007-72 § 4, 2007; Ord. 95-4 § 1, 1995; Ord. 91-2, 1991; Ord. 89-27 (Exh. A), 1989; Ord. 87-10 § 1, 1987; Ord. 87-3 § 1, 1987; Ord. 86-18 § 1, 1986; Ord. 81-16 § 1, 1981; Code 1975 § 550.8).
10.32.150 Removing or Concealing a Mark.
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, if done for the purpose of evading a parking regulation found in this chapter, shall be unlawful and shall constitute an infraction. (Ord. 80-17 § 1, 1980; Code 1975 § 550.9).