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2009-51 Vehicle Parking Regulations ORDINANCE NO. 2009-51 AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF MENIFEE ADOPTING CHAPTER 12.20 OF THE MENIFEE MUNICIPAL CODE REGARDING VEHICLE PARKING REGULATIONS AND REPEALING RIVERSIDE COUNTY ORDINANCE NO. 413,AS AMENDED The City Council of the City of Menifee does ordain as follows: SECTION 1. Chapter 12.20 is added to the City of Menifee Municipal Code to read as follows: CHAPTER 12.20 —VEHICLE PARKING Section 12.20.010 Purpose. 12.20.020 Definitions. 12.20.030 Parking or Standing Restricted. 12.20.040 Removal of Vehicle From City Highway. 12.20.050 Parking or Standing Prohibited. 12.20.060 Angle Parking. 12.20.070 Trucks and Trailers. 12.20.080 Loading Zones. 12.20.090 Community Mail Boxes. 12.20.100 Signs. 12.20.110 State Highways. 12.20.120 Displaying Vehicle for Sale. 12.20.130 Spaces Marked for Handicapped Parking. 12.20.140 Commercial Vehicles. 12.20.150 Recreational Vehicle Parking Prohibited on Highway within Residential Districts; Exceptions 12.20.160 Two Hour Parking Restriction on City Highway for Recreational Vehicles Where Signs are Posted; Exception 12.20.170 Signage. 12.20.180 Enforcement; Violation—Citation 12.20.190 Violation—Penalty. Ordinance No. 2009-51 Parking Ordinances 12.20.010 Purpose. The purpose of this ordinance is to protect the health, safety and welfare of the citizens of Menifee, their property values and the aesthetic qualities of the City, by providing for a fair and practical method of regulating and enforcing street parking for certain vehicle within the City. 12.20.020 Definitions. (a) "City"means the City of Menifee, California. (b) "Code Enforcement"means any Code Enforcement Officer designated as such under the Community Development Department or any other person authorized to enforce this Chapter. (c) "City Highway" or"highway"means a City street, road or highway that has been accepted into the City-maintained system. (d) "Commercial Vehicle" means any vehicle of a type that are required to be registered under the California Vehicle Code and which are used or maintained for the transportation of persons for hire, compensation or profit and designed, used or maintained primarily for the transportation of property. (e) "Recreational vehicle"means any vehicle, with or without motor power, designed for human habitation or recreation, including but not limited to boats, snowmobiles, watercraft, racing vehicles, off-road vehicles, utility trailers, motor homes, travel trailers, truck campers or camping trailers." (f) "Residential district"means any area zoned primarily for residential use pursuant to the provisions of Riverside County Land Use Ordinance No. 348, as adopted by the City, or any City successor thereto. GLOBALIZE BOARD OF SUPERVISORS TO CITY COUNCIL AND DIRECTOR OF TRANSPORTATION TO CITY ENGINEER 12.20.030 Parking or Standing Restricted. (a) Except as provided in this Chapter, no person shall park or leave standing in the same location any vehicle or trailer on any City highway for a period in excess of 72 consecutive hours. "Same location"means any location within a radius of 500 feet from the original location. (b) A vehicle or trailer parked or left standing at the same location for more than 72 hours shall not be parked or left standing at another location within a radius of 500 feet from the original location after enforcement personnel tag the vehicle or trailer for violation of(a) above. 12.20.040 Removal of Vehicle From City Highway. Any vehicle parked or left standing on any City highway in violation of this ordinance may be removed pursuant to the provisions of California Vehicle Code Sections 22650 and 22850 and Chapter 12.01 of this Code. 4839-7778-7395.1 2 d Ordinance No. 2009-51 Parking Ordinances 12.20.050 Parking or Standing Prohibited. (a) No person shall park or leave standing any vehicle where signs are posted or curbs are painted giving notice thereof. (b) The City Engineer is hereby authorized to establish on City highways restricted parking or no-stopping zones upon the completion of an engineering study and a field review which study and field review shall document the need and purpose in establishing such restricted parking or no-stopping zones. (c) The City Engineer shall post signs or cause curbs to be painted to give notice of the parking restrictions contained in subsection(a) of this section. 12.20.060 Angle Parking. (a) The City Council, by resolution, may allow angle parking on City streets where curbs and gutters are installed and the roadway is paved from curb to curb, with a minimum width of 75 feet. (b) Where angle parking is permitted, vehicles are required to park within the white lines designating angle parking spaces. (c) The City Engineer shall cause streets and highways to be marked with white lines designating parking spaces as provided in subsection(b) of this section. 12.20.070 Trucks and Trailers. (a) No person shall park or leave standing any truck, trailer, or semi-trailer used primarily for hauling manure, garbage, livestock, poultry or other product giving off a noxious or unpleasant odor, upon, or in a City highway or other property adjacent to, or within two hundred (200) feet from, any premises zoned primarily for residential occupancy and in use for that purpose, except in an emergency or when necessary for the purpose of loading or unloading such vehicle. (b) The City shall place signs to give notice of any regulation as provided for in subsection(a) of this section. 12.20.080 Loading Zones. The City Council hereby delegates to the City Engineer the authority to establish loading zones and passenger loading zones. The City Engineer or his or her designee shall determine the location of the loading zones and passenger loading zones and establish the zones upon completion of an engineering study and a field review which study and field review shall document the need and purpose in establishing such loading zones. The loading zones shall be indicated by appropriate signs and curb markings hereinafter provided. (a) Red shall mean no stopping, standing or parking at any time, except that a bus may stop to load or unload passengers in a red zone marked or sign posted as a bus loading. A red zone marked or sign posted as a taxi zone shall permit stopping, standing and parking exclusively for taxicabs. 4839-7778-7395.1 3 Ordinance No. 2009-51 Parking Ordinances (b) Yellow shall mean no stopping, standing or parking at any time between seven a.m. and six p.m. on any day except Sunday 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 five minutes, or the loading or unloading of materials more than twenty(20)minutes. (c) White shall mean no stopping, standing or parking except so long as is necessary for the loading or unloading of passengers or for the purposes of depositing or picking up mail in an adjacent mailbox. (d) Green shall mean stopping, standing or parking is allowed for the time limit specified by posted signs or stencils on the top of the curb where applicable. 12.20.090 Community Mail Boxes. (a) No person shall park or leave standing any vehicle or trailers within 15 feet of a community mailbox or cluster of individual mailboxes that serve two or more residences or businesses. (b) Signs are not required to be posted to provide enforcement when the delivery of mail is hindered due to a parked vehicle blocking the mail boxes. 12.20.100 Signs. (a) Whenever the City Engineer shall determine that, in a special situation,traffic congestions or hazardous or dangerous driving conditions are likely to result on any highway, street or alley under the jurisdiction of the City from the holding of public or private assemblages, gatherings or functions, street construction, maintenance or repair work, or for any other reason of public safety, he or she is authorized to order the placement or posting of temporary signs, including reduced speed signs, indicating that the operation, parking or standing of vehicles is prohibited or regulated on such highway, street or alley,to the extent indicated on the signs. Such signs shall remain in place only during the existence of such special situation and the City Engineer shall cause such signs to be removed promptly thereafter. (b) The City Engineer shall place signs or cause the curbs to be painted to give notice to any regulation as provided for in Subsection(a) and this Section. (c) When signs authorized by provisions of this section are in place, giving notice of the provisions thereof, no person shall stop, stand or park any vehicle contrary to the directions and provisions of such signs nor exceed the speed indicated. 12.20.110 State Highways. (a) The City Council by resolution may prohibit parking on designated portions of state highways and authorize the removal of any vehicle parked or left standing there after posting signs giving notice of such prohibition and removal. (b) 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 Transportation 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 provided by the State Department of Transportation. 4839-7778-7395.1 4 Ordinance No. 2009-51 Parking Ordinances (c) Whenever this ordinance delegates authority to a county 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 State Department of Transportation, 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 Transportation when and to the extent required by the California Vehicle Code. 12.20.120 Displaying Vehicle for Sale. (a) No person shall park any vehicle or place any structure upon any highway for the purpose of selling therefrom any article or thing, and no person shall sell, display for sale, or offer for sale any article or thing, either in or from any such vehicle or structure so parked or placed; but this section shall not prohibit a seller from taking orders or delivering any commodity from a vehicle on a highway adjacent to the premises of the purchaser, nor shall it prohibit any person from temporarily parking any vehicle upon a highway while actually engaged in making a sale to a customer wishing to buy. (b) (1) Except as provided for in subdivision(2) of this subsection, no person shall park, stop, place or leave standing any vehicle or cause any vehicle to be parked or placed upon any private or public street, highway,parking lot or other private or public property for the purpose of selling, displaying for sale or offering for sale any such vehicle. (2) Subdivision(1) of this subsection shall not prohibit any person from selling, displaying for sale or offering for sale a vehicle on private property,provided the person owns or occupies the property or has written permission of the property owner, authorized agent of the property owner or the person in lawful possession of such private property. Such written permission shall be displayed in or on the vehicle in such a manner as to be clearly visible, and upon request by a peace officer or code enforcement officer such written permission shall be made available for further inspection. Subdivision(2) of this subsection shall not exempt a person from compliance with applicable zoning ordinances or any other ordinance or law governing the sale of vehicles on private property. (3) The parking or placing of any vehicle with a sign or other advertising device thereon or proximate thereto, indicating such vehicle is for sale shall constitute prima facie evidence that such vehicle was parked or placed for the purpose of displaying the vehicle for sale. 12.20.130 Spaces Marked for Handicapped Parking. (a) The City Council may, by resolution, designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or a placard issued pursuant to Sections 22511.55 and 22511.59 or 5007 of the California Vehicle Code. If the designated space is to be on a highway, it shall be reviewed to determine if there is sufficient space for a disabled person to enter and exit the vehicle safely and if a viable path is available (including wheelchair 4839-7778-7395.1 5 Ordinance No. 2009-51 Parking Ordinances ramps) from the designated parking space. Whenever a parking space is so designated, it shall be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space, and may also be indicated by signs or other suitable means. (b) The City Council may, by resolution, designate stalls or spaces in an off-street parking facility owned or operated by the county for the exclusive use of vehicles which display a distinguishing license plate or placard issued pursuant to Section 22511.55 and 22511.59 or 5007 of the California Vehicle Code. (c) The owner or person in lawful possession of an off-street parking facility, after notifying the police department, and the City owning or operating an off-street parking facility, may cause the removal from a stall or space designated for physically handicapped persons in such facility to the nearest public garage, which regularly accepts towed vehicles, of any vehicle not displaying one of the distinguishing placards or license plates specified in this section if there is posted immediately adjacent to, and visible from such stall or space, or, if there is posted, in a conspicuous place at each entrance to the off-street parking facility, not less than seventeen (17) by twenty-two (22) inches in size with lettering not less than one inch in height, a sign which clearly and conspicuously states the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at( address ), or by telephoning ( law enforcement phone )." (d) No person shall park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans, unless the vehicle displays a distinguishing license plate or placard issued pursuant to California Vehicle Code Section 5007 or Vehicle Code Section(s) 22511.55 or 22511.59. 12.20.140 Commercial Vehicles. (a) No person shall park or leave standing a commercial vehicle having a manufacturer's gross vehicle weight rating of more than ten thousand (10,000)pounds, or any commercial trailer or semi-trailer regardless of weight, on any street or highway within a residential district. (b) The City Engineer or his or her designee shall post signs to give notice of the parking restrictions contained in this section at major entry points into the City. (c) This section shall not apply under the following conditions: (1) Any commercial vehicle making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted streets or highways 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 the restricted streets or highways for which a building permit has previously been obtained; (2) Any vehicle parked in connection with, and in the aid of, the performance of a service to or on a property in the block in which such vehicle is parked; (3) Any school or passenger bus under the jurisdiction of the Public Utilities Commission; (4) Any vehicle owned by a city, county, state,public entity or licensed contractor engaged in the installation, maintenance, or repair of any 4839-7778-7395.1 6 Ordinance No. 2009-51 Parking Ordinances public property, utility or highway; - (5) Any authorized emergency vehicle as defined by the California Vehicle Code. 12.20.150 Recreational Vehicle Parking Prohibited on City Highway within Residential Districts; Exceptions (a) Except as provided in Subsection(b) of this Section, no person shall park or leave standing any recreational vehicle on any City highway within a residential district in the City. (b) For a period of not more than forty-eight(48)hours, twice a month, a recreational vehicle may be parked or left standing on a City highway if vehicles are otherwise allowed to park there and if: (1) The vehicle is parked or left standing directly in front of the residence of the recreational vehicle owner for the purposes of loading, unloading or cleaning of said vehicle; or (2) The vehicle is parked or left standing directly in front of the residence by a person visiting the residence and the owner of the residence has given his or her permission. 12.20.160 Two Hour Parking Restriction on City Highway for Recreational Vehicles Where Signs are Posted; Exception (a) Except as provided in Subsection(b) of this Section, no person shall park or leave standing any recreational vehicle on any City highway for a period longer than two (2) hours of any one day when signs are erected or posted giving notice thereof. (b) The City Engineer is hereby authorized to establish restricted parking for recreational vehicles on any highway pursuant to Subsection (a) of this Section upon completion of an engineering study and a field review, which study and field review shall document the need and purpose in establishing two (2) hour parking restriction for recreational vehicles on City highways. When exercising the authority conferred by this Section, the City Engineer shall cause signs to be erected or posted pursuant to this Chapter. (c) This Section shall not apply to any City highway located within the boundaries of a residential district. 12.20.170 Signage. The City Engineer shall erect or post signs in compliance with Section 22507 of the California Vehicle Code giving notice of the parking prohibitions and restrictions contained in Sections 12.20.150 and 12.20.160 of this Ordinance. 12.20.180 Enforcement; Violation—Citation. Any peace officer or Code Enforcement shall enforce the provisions of this Chapter and any vehicle parked or left standing in violation of Chapter shall be subject to citation, where the appropriate signage has been posted. 4839-7778-7395.1 7 Ordinance No. 2009-51 Parking Ordinances 12.20.190 Violation - Penalty. (a) Any person violating any of the provisions of this Chapter shall be guilty of an infraction, unless otherwise provided and upon conviction thereof, shall be punishable by a fine established by the California Vehicle Code. Each day a violation is committed or permitted to continue shall constitute a separate offense. Notwithstanding the foregoing, a first and any subsequent violation of Section 12.20.120(b) may be cited, charged and prosecuted as a misdemeanor. Payments of any fine or penalty shall not relieve a person from the responsibility of correcting any violation of this Ordinance. SECTION 2. Effective Date: This ordinance shall be effective 30 days from the date of its adoption. PASSED, APPROVED AND ADOPTED thisp��y of , 2009 by the following vote. AYES:&Y,", ` Cv�ti � ��G'l��� ��U��J J OWTT)-A�— NOES'.o 0, ABSENT:yIaw—, ABSTAIN: / O MQ/ Wallace 7W. Edgerton, M tfyl Attest: athy Bennett City Clerk Approved as to form: Eliza L. Martyn, City A Orn 4839-7778-7395.1 8