Chapter 8.24
OVERNIGHT PARKING

Sections:

8.24.010    Overnight parking prohibited with certain exceptions.

8.24.020    Application for overnight parking permit.

8.24.030    Issuance of overnight parking permits.

8.24.040    Term of overnight parking permits.

8.24.050    Application for overnight parking permit.

8.24.060    Issuance of overnight parking permits.

8.24.070    Term of overnight parking permit.

8.24.080    Application for long-term temporary overnight parking permit.

8.24.090    Issuance of long-term temporary overnight parking permit.

8.24.100    Term of long-term temporary overnight parking permit.

8.24.110    Prohibitions and restrictions on overnight parking permits.

8.24.120    Revocation of permit.

8.24.130    Appeal of decision.

8.24.140    Regulations of the director of finance.

8.24.010 Overnight parking prohibited with certain exceptions.

A.    No person shall stop, leave standing or park a vehicle on any public street in the city between the hours of two a.m. and five a.m. on any day, unless otherwise authorized under the provisions of this chapter. Vehicles stopped, left standing or parked on any public street in the city in violation of this provision are hereby authorized to be cited, towed or cited and towed when signs giving notice thereof have been posted.

B.    The prohibitions of subsection A of this section shall become effective with respect to a specific street block when signs giving adequate notice of the prohibition have been posted.

C.    The following vehicles are exempt from the prohibition set forth in subsection A:

1.    Any vehicle registered with the State Department of Motor Vehicles to a disabled person, as said term is defined in Section 22511.5 of the Vehicle Code, and bearing a distinguishable license plate or placard issued by the State Department of Motor Vehicles;

2.    Any vehicle which cannot be parked off the roadway because of construction activity, and the police department has been notified;

3.    Any vehicle parked in a nonresidential zone for only such time as the person parking the vehicle shall be performing services pursuant to a valid city business license;

4.    Any vehicle parked for an existing emergency purpose;

5.    Any vehicle which has been issued and displays a permit issued under Sections 8.24.030, 8.24.060 or 8.24.090 of this chapter.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.020 Application for overnight parking permit.

An application for an overnight parking permit may be filed with the director of finance by an occupant of a residential dwelling unit located in the city. The application shall be in such form as may be approved by the director of finance and shall be accompanied by payment of an application fee in an amount established by resolution of the city council. All persons sixty-five years or older are exempt from the payment of any application fee established by resolution pursuant to this section.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.030 Issuance of overnight parking permits.

A.    An overnight parking permit may be issued by the director of finance to an occupant of a residential dwelling unit in the city, only if the applicant satisfies all of the following conditions:

1.    There is no available parking space on the premises where the applicant resides. Storage or parking of abandoned or unlicensed vehicles may not be considered as creating the unavailability of parking spaces on the premises;

2.    No former parking area, garage or carport on the premises has been converted to, and is not presently used for, purposes other than parking without city authorization;

3.    The vehicle for which the permit is requested is registered to the applicant or is otherwise utilized by the applicant on a full-time basis, as determined by the director of finance;

4.    The applicant has diligently attempted to obtain off-street parking, and there is no usable off-street parking available;

5.    The applicant agrees to comply with all rules and regulations governing overnight parking permit as may be adopted or approved by the city council, including but not limited to the parking of a vehicle only in a designated district or area of the city where the permit is valid and applicable.

B.    The maximum number of permits which may be issued shall not exceed two for any dwelling unit, except as provided in subsection C of this section.

C.    The director of finance is authorized to issue in excess of two overnight parking permits per dwelling unit if the applicant satisfies all of the following conditions:

1.    The applicant submits satisfactory evidence that more than two vehicles are registered to occupants of the dwelling unit;

2.    The applicant demonstrates that insufficient off-street parking is available;

3.    The applicant demonstrates that there is an adequate number of reasonably convenient residentially related on-street parking spaces in the area of the applicant’s residence, sufficient to accommodate the vehicle or vehicles for which the additional permits are requested;

4.    The applicant establishes that an undue hardship will result if the request for an additional permit or permits is not granted.

D.    Overnight parking permits shall not be issued to commercial vehicles as defined in California Vehicle Code Section 260, or recreational vehicles, boats, buses or house cars as defined in California Vehicle Code Section 362.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.040 Term of overnight parking permits.

A.    Permits issued under Section 8.24.030 shall be valid for a period of one year from the date of issuance, or until the permittee ceases to reside in the designated residential unit, whichever occurs first. The permit application fee may be prorated where the permit term will be less than one year. Upon expiration of a permit, a new permit application shall be filed as provided for in this chapter.

B.    Upon application for a permit or permits under Section 8.24.030, the director of finance may issue to the applicant a temporary overnight parking permit which shall be valid for a period of thirty days from the date of submission of the application, or until the permanent permit is issued, whichever occurs first.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.050 Application for overnight parking permit.

An application for an overnight parking permit authorizing temporary overnight parking for a guest of an occupant of a residential dwelling unit located in the city or for a recreational vehicle or house car as defined in California Vehicle Code Section 362, may be filed with the director of finance by the occupant of the residential dwelling unit. The application shall be in such form as may be approved by the director of finance and shall be accompanied by payment of an application fee in an amount established by resolution of the city council.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.060 Issuance of overnight parking permits.

A.    An overnight parking permit may be issued by the director of finance to an occupant of a residential dwelling unit in the city only if the applicant satisfies that there is no available parking space on the premises where the applicant resides.

B.    An overnight parking permit may be issued by the director of finance to an occupant of a residential dwelling located in the city for a recreational vehicle or house car, as defined in California Vehicle Code Section 362, only if the applicant satisfies that there is no available parking space on the premises where the applicant resides.

C.    The maximum number of guest permits which may be issued shall not exceed two for any dwelling unit at any one time, and shall not exceed a total of five during any twelve-month period.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.070 Term of overnight parking permit.

Overnight parking permits issued under Section 8.24.060 shall be valid for a period of seven calendar days from the date of issuance, or until the permittee ceases to reside in the designated residential unit, whichever occurs first, except that an overnight parking permit issued for a recreational vehicle or house car, as defined in California Vehicle Code Section 362, shall be valid for a period of one day from the date of issuance. Upon expiration of a permit, a new application for a permit shall be filed as provided for in this chapter.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.080 Application for long-term temporary overnight parking permit.

An application for a long-term temporary overnight parking permit authorizing long-term temporary overnight parking for a guest or family member of an occupant of a residential dwelling unit located in the city may be filed with the director of finance by the occupant of the residential dwelling unit. The application shall be in such form as may be approved by the director of finance and shall be accompanied by payment of an application fee in an amount established by resolution of the city council.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.090 Issuance of long-term temporary overnight parking permit.

A.    A long-term temporary overnight parking permit may be issued by the director of finance to an occupant of a residential dwelling unit only if the applicant satisfies each of the following conditions:

1.    There is no available parking space on the premises where the applicant resides;

2.    No former parking area, garage or carport on the premises has been converted to, and is not presently used for, purposes other than parking without city authorization;

3.    The vehicle for which the long-term temporary permit is requested is registered to a long-term guest or family member of the applicant;

4.    The applicant has diligently attempted to obtain off-street parking, and there is no usable off-street parking available;

5.    Applicant shall agree to comply with all rules and regulations governing overnight parking permits as may be adopted or approved by the city council, including but not limited to the parking of a vehicle only in a designated district or area of the city where the permit is valid and applicable.

B.    The maximum number of long-term temporary overnight parking permits which may be issued shall not exceed one for any dwelling unit at any one time, and shall not exceed a total of four during any twelve-month period.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.100 Term of long-term temporary overnight parking permit.

Long-term temporary overnight parking permits issued under Section 8.24.090 shall be valid for a period of thirty calendar days from the date of issuance, or until the permittee ceases to reside in the designated residential unit, whichever occurs first. Upon expiration of a long-term temporary overnight parking permit, a new application for such permit shall be filed as provided for in this chapter.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.110 Prohibitions and restrictions on overnight parking permits.

A.    No vehicle for which a permittee has been issued an overnight parking permit shall be parked or stopped on a public street between the hours of two a.m. and five a.m. unless such vehicle prominently displays the permit therefor issued under this chapter. The permit shall be clearly visible to any parking enforcement officer and shall be located on the left side of the rear bumper or on the left side of the rear window of the vehicle. If a vehicle has a convertible top, the permit may be displayed as specified above or on the left side of the lower portion of the front window.

B.    It is unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased, for any value or consideration, any overnight parking permit. Upon any violation of this subsection, all overnight parking permits issued to, or for the benefit of, the occupant of dwelling unit shall be null and void.

C.    It is unlawful for any person to buy or otherwise acquire or use any overnight parking permit, except as provided for in this chapter.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.120 Revocation of permit.

Where any overnight parking permit issued pursuant to this chapter has been procured through fraud or misrepresentation, or where the permittee has violated any provisions of this chapter, the director of finance shall hold a hearing, with notice of the time and place of such hearing mailed to the permittee at least five days preceding the hearing. If the overnight parking permit is revoked following the hearing, the permittee shall be mailed written notice of the revocation and the reasons therefor.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.130 Appeal of decision.

Any decision of the director of finance in granting, denying or revoking an overnight parking permit under the provisions of this chapter may be appealed to the city manager or his designee. The appeal shall be in writing, and shall be filed with the city clerk within fourteen days after the date of the decision. Any such appeal shall be accompanied by payment of a filing fee in an amount established by resolution of the city council.

(Ord. 1959 § 2 (part), 9-28-93)

8.24.140 Regulations of the director of finance.

The director of finance, subject to the prior approval of the city council, is authorized to adopt rules and regulations to implement the provisions of this chapter. Such rules and regulations may include, but are not limited to, the designation of certain districts or areas of the city within which persons who are issued permits under this chapter may park their vehicles, and the designation of other officers or employees of the city who may issue temporary overnight parking permits before or after normal city business hours.

(Ord. 1959 § 2 (part), 9-28-93)