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HomeMy WebLinkAbout1999-04-19 City Council (16)TO: FROM: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL 1 2CITY MANAGER DEPARTMENT: POLICE DATE:APRIL 19, 1999 CMR:215:99 SUBJECT:RESPONSE TO POLICY AND SERVICES COMMITTEE DIRECTION TO MAKE CHANGES TO, AND PROVIDE ADDITIONAL INFORMATION, REGARDING THE RECOMMENDATION TO AMEND CHAPTERS 10.04, 10.36, 10.40, 10.44 AND 10.60 OF THE PALO ALTO MUNICIPAL CODE REGULATING THE STOPPING, STANDING AND PARKING OF VEHICLES REPORT IN BRIEF When staff presented recommendations to the Policy and Services Committee regarding amendments to Chapters 10.04, 10.36, 10.40, 10.44 and 10.60 of the Palo Alto Municipal Code (PAMC), Committee members requested that two changes be made to the draft and that information be provided about two related issues. Specifically, Committee members directed changes to Section 10.40.045 (d) regarding ~he length of time special parking permits for construction are issued be modified from 60 to 30 days and that Section 10.44.015 be changed to include a more precise definition of oversized vehicles equipped for disabled persons. Additionally, staff was asked to research and provide information regarding possible parking restrictions adjacent to intersections and driveway cutouts; and other cities’ experiences with ordinances prohibiting sleeping in vehicles. The attached draft ordinance reflects the Committee’s requested changes and provides the information that was requested. CMR:215:99 Page 1 of 7 RECOMMENDATIONS Staff recommends that Chapters 10.04’, 10.36, 10.40, 10.44, and 10.60 of the Palo Alto Municipal Code (PAMC) regulating parking, stopping, and standing of vehicles be amended. The recommended revisions address overnight parking regulations, oversized vehicles, and loading zones for the disabled. The recommendations also bring the City’s ordinance into compliance with the California Vehicle Code (CVC) . and City practices, and clarify enforcement issues related to the parking and towing of vehicles. BACKGROUND At the Policy and Services Committee meeting of March 9, 1999, Committee members discussed staff’s recommended amendments to the chapters in the PAMC regulating parking, stopping, and standing of vehicles. The committee voted to change the language in two specific sections. Two other related issues were raised by members of the public and Committee members and staff was requested to return to Council with additional information. DISCUSSION Section 10.40.45 (d) Construction Vehicle Permits This section deals with length of time special permits for construction or maintenance work may be issued by the Chief Transportation Official. Currently, the maximum initial period is restricted to five working days with provisions for renewal of permits not to exceed five working days. Staff had recommended an increase to 60 working days for both the initial and renewal permits. Policy and Services Committee members expressed concern about the length of time construction vehicles were monopolizing on-street parking spaces and directed that the maximum time be increased to 30 working days for both the initial permit period and for subsequent renewal periods. After reviewing recent requests for construction permits, staff has determined that the majority of initial and renewal permits are issued for 30 days or less, and believes the change to 30 days is reasonable and feasible. It should be noted that while the PAMC currently does not restrict the number of renewals that are issued, Transportation staff makes every effort to approve renewals based upon actual need. CMR:215:99 Page 2 of 7 Section 10.44.015(1 ) Oversized Vehicles This section provides the definition for oversized vehicles. The current definition provides for an exemption for vehicles which lawfully display disabled placards or licenses. Specifically, the current language allows all vehicles which are legally identified as being driven by disabled persons, regardless of size,, to be parked in residential or public facility zones between the hours of two a.m. and six a.m. Committee members voiced concern about the exemption and directed that only those vehicles that are actually modified or equipped to accommodate a disability and that have a disabled placard or license plate be exempted from the provisions of this Chapter. The attached ordinance draft reflects that change. Parking Restrictions Adjacent to Driveway Cutouts Staff frequently responds to complaints about citizens’ difficulty in exiting/entering their driveways due to vehicles parked too close to the driveway that impairs visibility. If a vehicle is blocking the ingress/egress of a driveway according to the CVC definition, the owner is located and the vehicle is moved, a citation is issued, or the car is towed. Actual obstruction to the driveway must occur prior to those actions being taken. Officers also respond to complaints from citizens who have difficulty exiting their driveways due to cars parked in close proximity to either side of their driveway cutouts. While the vehicles are not actually blocking any part of the driveway, they may prevent the motorist from safely exiting the driveway. Several factors are usually apparent upon investigation of the complaints. In many instances, the vision of the motorist backing out of a driveway may be impaired due to vehicles that are parked so that there is not any curb space left between the front/back of the vehicle and the actual cutout. The majority of these complaints are received from neighborhoods that have vertical curbs as opposed to rolled curbs. In certain neighborhoods, narrow driveways result in added problems, especially when the cars are larger and/or the drivers are older. The ability to regulate on-street parking adjacent to driveway cutouts is difficult and costly. While cities may adopt ordinances that restrict on-street parking certain distances from driveways, either signs or curb markings are required prior to any enforcement. The number of signs that would be required (at every driveway entrance) would adversely impact the aesthetics of the neighborhoods. Additionally, the cost ($150 per sign) associated with the purchase and installation of signs would be CMR:215:99 Page 3 of 7 prohibitive. Red curb markings of about three feet on either side of the driveway cutouts could be used in place of signs. However, the cost (one dollar per foot) and the frequent repainting that would be required (usually every year) make this an extremely expensive alternative. Annual repainting is necessary as the City uses environmentally- sensitive, water-based paint instead of oil-based paint. Additionally, depending upon the length of the block face and the number of driveways on each block, up to one space for every three driveways would be eliminated for parking. Some cities have dealt with this problem by installing on-street parking space markers (commonly known as parking tees) similar to those used in the downtown area. The parking tees delineate space that motorists are allowed to park within. Motorists who park outside of the markings would be in violation and subject to citation. The parking tees could be installed to allow sufficient clearance adjacent to driveway cutouts. Some cities paint the parld.ng tees on the street, but continual maintenance and repainting are necessary. Other cities have opted to use thermoplastic markers at a cost of about $8 per marker. While parking tees would be helpful in organizing on-street parldng as well as addressing the driveway access issue, they would result in reduced number of on- street parking spaces. The actual number of parking spaces that would be eliminated per block would depend upon the length of the block, the number of driveways and the distance between the driveways. Staff estimates that three or four spaces may be lost per block face. If Council decides to pursue this option, staff would return with more detailed costs estimates. Parking Restrictions Adjacent to Intersections Staff has not determined the number of accidents, if any, that have been caused by vehicles blocking the view of motorists attempting to enter an intersection. However, numerous complaints have been received regarding the hazards of cars that are parked very close to intersections and the visual obstructions they present. The California Vehicle Code allows local authorities to prohibit or restrict by ordinance the parking of vehicles more than six feet or more in height from parking within 100 feet of any intersection. Intersections are defined by the CVC as the areas included in the prolongation of lateral curb lines of two highways which join one another at fight angles or the area within which vehicles traveling upon different highways joining at any angle may come into conflict. The intent of the regulation is to prevent visual obstructions created by larger vehicles that may create safety hazards. CVC Section 22507(a) requires, however, that with the exception of intersections with alleys, appropriate curb markings and/or signs must be in place prior to enforcement of a local CMR:215:99 Page 4 of 7 ordinance. The CVC only speaks to adequate notice and staff is in the process of determining if that means signs or curb markings must be placed at every intersection or if signs at the entrances to the City indicating that such an ordinance would be enforced would suffice. While curb markings are less obtrusive than signs, the cost of curb markings is significant. As noted above, the cost to install signs would also be a factor. If Council decides to pursue this option, staff would return with another amendment to the ordinance with this provision and a BAO for the associated costs. Prohibitions Against Sleeping/Living in Vehicles Staff checked with a number of cities in both Santa Clara County and adjacent counties to determine which ones had municipal code prohibitions against sleeping and/or living in vehicles and found that eleven had some type of ordinance. Attachment A provides a detailed list of the cities. Some cities, such as Los Gatos, specifically prohibit any person from sleeping in a parked vehicle in a public place. A number of cities (e.g. Burlingame, San Jose, San Mateo) prohibit living in any type of vehicle on public and private property, while others (Daly City, Millbrae, and Sunnyvale) prohibit living in vehicles only on public property. Certain cities (Daly City, Millbrae, San Bruno) prohibit living in vehicles during nighttime hours. The majority of cities enforce their ordinances on a complaint basis only and in most cases use it only as a tool to allow police officers to contact the violator and request that he or she moves. Very few citations have actually been issued. Some other cities have prohibited any parking on City streets at night as a way to deal with the issue of people living or sleeping in their vehicles. A prohibition against sleeping in vehicles appears to be the most problematic in that it is not uncommon for tired motorists to park and take short naps in their vehicles. The City of Los Gatos will usually not enforce its ordinance in such circumstances. Some ordinances that forbid living in vehicles include sleeping, cooking, and dwelling place as the definition of habitation. Staff occasionally receives complaints from Pa!o Alto residents about people living in their vehicles. Almost all of the complaints received relate to situations in residential areas. Currently, police officers contact the person in the vehicle and ask that he or she move out of the residential areas and in most. cases, people comply with the requests. Some churches allow people to use their off-street parking lots to allow people to sleep in their vehicles at night and it is not uncommon for people who work in Palo Alto but who live a considerable distance away to live in motor homes in commercial areas CMR:215:99 Page 5 of 7 during the week. If the Council decides to direct staff to draft an ordinance, staff suggests that it cover only residential areas and public property. RESOURCE IMPACTS Enforcement of these ordinances would be handled by existing staff and no additional funds would be needed. If the Council decides to pursue amendments tl~at would prohibit parking within certain distances from intersections and!or driveway cutouts, staff would return with detailed cost estimates. POLICY IMPLICATIONS These recommendations are consistent with City policy. ¯ ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A - List of Other Cities’ Ordinances Attachment B - Draft Ordinance CMR: 166:99 PREPARED BY:Lynne Johnson, Assistant Police Chief CMR:215:99 Page 6 of 7 DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: Patrick Dwyer, Chief ~hce Emil@v arrison, Assistant City Manager CMR:215:99 Page 7 of 7 o o 0 0 o o o ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING AND REENACTING CHAPTER I0.04 [DEFINITIONS] , CHAPTER I0.36 [STOPPING, STANDING AND PARKING -GENERALLY],CHAPTER 10.40 [STOPPING, STANDING AND PARKING -LOADING AND UNLOADING] , CHAPTER I0.44 [STOPPING,STANDIJG AND PARKING - PROHIBITED OR RESTRICTED] , AND AMENDING SECTION i0.60.70 OF CHAPTER I0.60 [PARKING VIOLATIONS] OF TITLE i0 [VEHICLES AND TRAFFIC]OF THE PALO ALTO MUNICIPAL CODE REGULATING VEHICLE PARKING The Council of the City of Palo Alto does ORDAIN as follows: SECTION I. The Council hereby finds as follows: WHEREAS, local legislation is required in order to establish and enforce restrictions on vehicular parking in disabled parking loading/unloading zones, and the Council desires to adopt such legislation; and, WHEREAS, overnight parking of large vehicles also need to be regulated on the basis of size and bulk rather than on the basis of vehicle type and weight in order to more directly link these controls to the sight distance safety concerns posed by large vehicles; and, WHEREAS, the procedures for enforcement of restrictions on the use of city streets for storage of vehicles in excess of seventy-two hours may be made more efficient and effective; and, WHEREAS, numerous minor changes to the vehicular parking ordinances are required in order to clarify the intent and streamline the enforcement of these parking ordinances. SECTION 2. Chapter 10.04 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.04 DEFINITIONS 10.04.010 Definitions generally. 990401 syn 0043628 For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein shall have the definitions ascribed to them in this chapter. 10.04.020 Alley. "Alley" means a public or private vehicular.way less than twenty-five feet in width affording a secondary means of vehicular access to abutting property. 10.04.030 Bicycle parking zone. "Bicycle parking zone" means exclusively for the parking of bicycles. that space reserved 10.04.040 Business district. "Business district" means all portions of the City of Palo Alto which are commercially zoned as provided in Title 18 of this Code. 10.04.045 Community service officer. "Community service officer" means a special police officer of the city authorized to direct traffic and to enforce all laws of the city and of the state applicable to the parking or towing of vehicles and all laws of the city and of the state applicable to bicycles and bicyclists and to enforce all traffic laws of the city and of the state applicable to traffic within bicycle lanes and bicycle paths. 10.04.050 Holidays. For the purpose of this title holidays and other special days shall be in accordance with Chapter 2.08 of this Code. 10.04.060 Loading zone. "Loading zone" means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 10.04.070 Official time standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time, as may be in current use in this city. 10.04.080 Park. 990401 syn 0043628 "Park" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for a period of less than thirty seconds for the purpose of and while actually engaged in loading or unloading passengers or materi~is. 990401 syn 0043628 10.04.85 Parking enforcement officer. "Parking enforcement officer" means a special officer of the city authorized to direct traffic and to enforce all laws of the city and of the state applicable to the parking or towing of vehicles. 10.04.090 Parkway. "Parkway" means that portion of a street other than a roadway or a sidewalk. 10.04.100 Passenger loading zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of ~assengers. 10.04.110 Pedestrian. "Pedestrian" means any person afoot. 10.04.120 Police officer. "Police officer" means every sworn member of the police department, police reserves or any employee of the city of Palo Alto authorized by the chief of police to direct or regulate traffic or to make arrests for violations of traffic regulations. 10.04.125 Public parking facility. The term ~public parking facility" shall mean any public parking lot or parking structure owned or leased by the city in which parking by the general public is permitted. 10.04.130 Stop. "Stop" ~n~T~,means complete cessation of movement. 10.04.140 Stop or stand. "Stop or stand" ’ ’ , means 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. 10.04.150 Taxi stand. 990401 syn 0043628 "Taxi stand" means a public place alongside the curb of a street or elsewhere in the city of Palo Alto which has been designated by the c£ty manager as reserved exclusively for the use of taxicabs. 10.04.160 Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel. 10.04.170 Traffic control devices. "Traffic control devices" means all signs, signals, markings and devices not inconsistent with this title, heretofore or hereafter placed or erected under this title, as authorized by the Vehicle Code of the State of California or by the authority of this title. 10.04.180 Traffic lane. "Traffic lane" means that portion of any road-way, either marked or unmarked, being not less than eight and one-half feet in width. 10.04.190 Vehicle Code definitions. In addition to the definitions set forth above, all definitions of words and phrases set forth in the Vehicle Code of the State of California are hereby incorporated in this title as though set forth in full herein. SECTION 3 Chapter 10.36 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.36 STOPPING, STANDING AND PARKING -GENERALLY 10.36.010 Application of regulations. (a) The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with directions of a police officer or official traffic control device. 990401 syn 0043628 (b) The provisions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or this title prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (c) In addition to any other p~rsons authorized by law, any employee of the city classified as a parking monitor Community Service Officer or Parking Enforcement Officer is authorized to give the notice required by the Vehicle Code of the State of California of any violation of said code or of local regulations adopted pursuant thereto governing the stopping, standing Or parking of vehicles. (d) For purposes .of this chapter, the term ~public parking facility" shall mean any public parking lot or parking structure owned or leased by the city in which parking by the general, public is permitted. 10.36.020 Standing in parkways. No person shall stop, stand or park a vehicle within any parkway, except on a permanent or temporary driveway. 10.36.030 Use of streets or public parking facilities for storage of vehicles. (a) No person who owns or has possession, custody or control of any vehicle shall park or leave such vehicle standing upon any street or alley or public parking facility for a period of seventy-two consecutive hours or more. For the purposes of this section, a vehicle shall be considered to have been parked or left standing for seventy-two or more consecutive hours if it has remained inoperable or has not been moved at least {-eet--five tenths of a mile or more during said seventy two hour period. (b) In the event a vehicle is parked or left standing upon a street or ~lley or public parking facility in excess of a consecutive period of seventy-two hours, any member of the police department authorized by the chief of police may remove such vehicle from the street as authorized by the California Vehicle Code and subject to the provisions of this section. (c) Prior to removing any vehicle, notice shall be affixed to the vehicle advising that the vehicle will be removed for violation of this section wi-tgrgnaftertwenty-fotr~-seventy-two hours unless it is moved at least ~housa~eet--five tenths of a mile. The ~u~i~ ~±± Iso inform t%~e owner th~ ~ight to a hearing to contest the~a-l-~ed violation but that 990401 syn 0043628 6 -~= a re-ues~e~ ...........~-u:-~ time~u~’ ....... ~-n~:- w~ll be ......... -~ ........ po ~±~ ~ ~ .empowe~d to determine ..............~s~=ux~=x u~- section~ ....................~ v~u~ an~ (d) Whenever a member of the police department removes a vehicle pursuant to this section and causes it to be stored as permitted by the California Vehicle Code, the chief of police or his designee shall comply with the requirements of Section 22852 of the California Vehicle Code relating to post-storage notice and hearing for registered owners and legal owners of record. section 10.36.040 Parking for ~=l~ ~~ sale, advertisement, or repair prohibited. (a) No person shall park a vehicle upon any street or alley orpublic parking facility for the purpose of: (I)~-’ --~ ---: ..................~-=~-i~ ~,~ v=,,-~-= for sale. Advertisement to the public the private sale of that vehicle; (2)~=~v±~±~,~ .......~ ....repairing or u~=~±~=~-- working oil Advertisement of any event or function on private property or on public propertyhired for a private event or function to which the public is invited.’ (b) No person shall park a vehicle upon any street or alley or public parking facility for the purpose of servicing, repairing or otherwise working on such vehicle except repairs necessitated by an emergency. 10.36.050 Parallel parking. (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left-hand curb facing in the direction of traffic movement upon any 990401 syn 0043628 one-way street unless the city manager has caused signs to be erected prohibiting such stopping or standing. (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 the’ city manager has caused signs to be erected permitting such standing or parking. (c) The city manager is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or alley 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 in this section shall not apply in the event any commercial vehicle is actually engaged in the p~ocess of loading or unloading freight or goods, in which case that vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the center line of the street and does not block traffic thereby; however, pursuant to section 10.40.040 commercial vehicles may not stop, park, or stind in business districts between the hours of Ii a.m. and 6 p.m. unless they are legally parallel parked or are legally parked in any angle parking space. 10.36.060 Angle parking. (a) Whenever any ordinance or resolution of this city designates and ~describes any street or public parking facility or portion thereof upon which angle parking shall be permitted, the city manager shall mark or sign such street indicating the angle at which vehicles shall be parked. (b) When Signs or markings are in place indicating angle parking, as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. 10.36.070 Parking adjacent to schools. (a) The city manager is authorized to place signs and to place markings on curbs, pavement, and similar areas to provide adequate control for vehicle parking and loading upon any street or portion thereof adjacent to any school property in accordance with those traffic engineering and safety standards and instructions set forth in policies and warrants for traffic control devices near schools, adopted by ordinance or resolution of the legislative body of this city. 990401 syn 0043628 (b) When official signs or markings are installed indicating no parking upon a street or portion thereof adjacent to any school property,’ no person shall park a vehicle in any such designated place. 10.36.080 Stopping or parking prohibited - Signs required. (a) The city manager shall is authorized to 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 said places: (I) At any place within thirty feet of,a crosswalk at an intersection in any business district except that a bus may stop at a designated bus stop; (2) Within fifty feet of the approach to any traffic signal, ,boulevard stop sign or official electric flashing device; (3) At any place where the city manager determines that it is necessary £n o~der to eliminate dangerous traffic h~or desirable. 10.36.090 Removal or defacement of markings. It is unlawful for~ any person to remove, erase, deface, obliterate, or render unusable for the purpose of enforcement of this title any chalk mark, marker or other device placed on a vehicle ~r any portion thereof by the city for the purpose of measuring the passage of time or the movement of a vehicle stopped, standing or parked on any street, or in any parking lot or structure,u~ ~~ ~~. vm~±&tlons of ~-~-~±~ section=~I constitute an i~c~±~--r-public parking facility. 10.36.100 Removal or defacement of signs. It is unlawful for any person to remove, erase, deface, obliterate, or render unusable for the purpose of enforcement of this title any sign, marking, or device placed by the city for the purpose of indicating prohibitions or restrictions on stopping, standing or parking of vehicles on any street, alley, or public parking facility. SECTION 4. Chapter 10.40 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: 990401 syn 0043628 9 CHAPTER I0.40 STOPPING, STANDING AND PARKING - LOADING AND UNLOADING 10.40.010 Authority to establish.loading zones. (a) The city manager is hereby authorized to determine and to mark by signs or curb markings loading zones and passenger loading zones and ~handicapped disabled parking iones as follows: (I) At =~.~ p-=u= in u.,= On any street, alley, or public parking facility within any business district; (2) ~i~9~On any street, alley, or public parking facility in front of or adjacent to any place of business, school, park, public building, 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) Whenever curb marking is used, loading zones shall be indicated by ~--yellow paint ~ ........ ~ ..... ~ ............ ~ -- and PoSted with a sign indicating "LOADING ZONE". upon t~he top of (d) Whenever curb marking is used, passenger loading zones shall be indicated a w~±~ l~ne ~±~=u w±~ ~±=~ ~we~s--white paint and posted with a sign indicating "PASSENGER LOADING ZONE". ......~aint 7: ........ ......._. ......I ..........:~ ~r posted~-~-: ......~±~-=~-~-’ .............~-- ~.~=~.~=~,=±: ..........: ....~ ~I of =~=~±±~:~-- ~±.=., p~=±le v~ew of a ~==~u..~±=). Disabled parking spaces shall be indicated by blue space markings and, in addition, an adjacent and appropriately posted sign conforming to the requirements of the California Vehicle Code.- (f) Disabled parking loading areas shall be indicated by white cross-hatched lines adjacent to a disabled parking space; 10.40.020 Signs or curb markings to indicate no stopping and parking regulations. (a The city manager is authorized, subject to the provisions and limitations of this title, to place] and whe~ , signs or the following curb markings on any street, alley, or public, parking facility to indicate 990401 syn 0043628 10 parking or standing regulations, and curb markings shall have the meaning as herein set forth: (i) Red shall mean no stopping, standing or parking ptat any time exce as h~s may stop ~n a ~=u zonked o~ ~’ whether the vehicle is attended or unattended e£cept 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 six a. m. and six 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 twenty minutes by commercial vehicles. [3) White shall mean no stopping, standing or parking at any time for any purpose other than loading or unloading of passengers which shall not exceed three minutes and such restrictions~=±I ~y .......... ~ all time~. (4) Green shall mean no standing or parking for longer than thirty minutes at any time between eight a.m. and ~ five p.m. of any day except Saturdays, Sundays and holidays. (5) Blue shall mean no stopping, standing or parking except for vehicles of physically handicmpped pe~-s~nTs-r, ~ ~±~ ~ssued ~ Department of Moto~ v~~. that lawfully display a disabled placard or disabled license plate while transporting a disabled person. Such restrictions shall apply at all times. (b) When the city manager, as authorized under this chapter, has caused signs or curb markings to be placed, no person shall stop, stand or park a vehicle adjacent~to any such legible sign or curb marking in violation of any of the provisions of this title except as specifically authorized by law. 10.40.025 Parking or standing in cross-hatched areas adjacent to disabled parking spaces. No person shall stop, stand or park any vehicle in any pavement area marked by cross-hatched lines and adjacent to a parking stall or space designated for disabled persons or disabled veterans, upon any street or upon any city-owned or operated publiq parking facility or upon any private off-street parking facility. These cross-hatched areas are designated for the loading and 990401 syn 0043628 11 unloading of vehicles for disabled persons or disabled veterans only. 10.40.030 Effect of permission to load or unload. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of ~aterials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor and in no event for more than twenty minutes. (b)The loading or unloading of materials shall apply ly ...........~on to commercial deliveries; =~u ~= u=~±v=~ or p~p of ~=~ =~ parcel post packages =~u u~±~=~ States ---~ including the delivery or pickup of express and parcel- post packages and United States mail. (c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. (d) The provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. 10.40.040 Parking regulations for commercial vehicles. Parking distance from curbs. (a) No person shall stop, park or leave standing any vehicle, whether attended or unattended, mn--tg~-~m~dw-ay side of ~ehicle stopped, pa~ked ~ standing at unless both right-hand wheels (or either both right-hand wheels or both left-hand wheels on a one-way street) are parallel with and within eighteen inches from the curb edge of a street or highway except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device. (b) No person shall stop, park or leave standing any commercial vehicle for the purpose of loading, delivering or unloading of freight or materials in any business district between the hours of eleven a.m. and six p.m. unless such vehicle is parked so that both right-hand wheels (or either both right-hand wheels or both left-hand wheels on a one-way street) are parallel with and within eighteen inches of the curb or unless said vehicle is legally parked in any angle parking space. (c) The ’’ chief transportation official, in case of undue hardship such as extremely large commercial vehicles or commercial vehicles at the terminal of a long haul, s~all 990401 syn 0043628 12 is authorized to issue a permit for parking to load or unload in the business district between the hours of eleven a.m. and six p.m. even though curb space may not be readily available. Permits, when issued, shall contain the make and type of vehicle, the license number, the name of the applicant, the location where and time when the permit shall be in effect, and the manner of parking or other restrictions necessary to insure the usdal flow of traffic. The permit shall be attached to the windshield of the vehicle at all times when the permit is in effect. 10.40.045 Special parking permit for construction or maintenance work. (a) Theu±~u~ ............u~ transpomtation chief transportation official may issue a permit for the temporary use of any parking space in a public street or in a public parking lot ~-~-~-b-facility upon a showing that the applicant will be moving property or conducting construction and/or maintenance work in the immediate area and that no alternative off-street site for the parking of ~nst~uction ....’=1~u/or maintenance vehicles or for the temporary storage of equipment and/or materials is available reasonably near the work site. Such permit shall entitle the holder temporarily to use a designated parking space or spaces in a public street or a public parking {~t--facility as specified in the permit without regard to time limits otherwise imposed, but shall not permit illegal parking or use and parking or use of unauthorized places. (b) A permit, when issued for the use of a vehicle, shall contain the name of the permittee, the make and type of vehicle, the license number, and the location where and time when the permit shall be in effect. A permit, when issued for the temporary storage of equipment and/or materials, shall contain the name of permittee, the specific type of equipment and/or materials to be stored and the location where and the time when the permit shall be in effect. When a single permit is issued for both parking and storage, the information required for both parking and storage permits, as set forth in this chapter, shall be contained therein. (c) When issued for parking, the permit shall be placed on the windshield of the vehicle and, when issued for storage, the permit shall be posted in a conspicuous place on the equipment or materials. (d) No permit shall be issued for any initial period greater than{-~-~tt~thirty working days~, but the d~ ~chief transportation official may renew the permit for additional periods not to exceed five sixtythirty working days each. The fee for ~!--such permit shall be ~ he city tm~s~tr~-~--established in 990401 syn 0043628 13 the municipal fee schedule. No permit shall be issued until said fee has been paid to the Supervisor of Revenue Collections. (e)In addition to the permits described in this section, the dimectom of tmanspomtation chief transportation official may issue permits authorizing the temporary use by commercial vehicles of any parking space’in a public street or in p L.._~ ....~ ....~-~ facility upon a showinga public arking lot that the applicant provides emerggncy repair work. Such permit shall entitle the holder to use a parking space in a public street or a public parking ~facility without regard to the limits otherwise imposed, but shall not permit illegal parking or parking in unauthorized places; the permit sha!l authorize parking for the duration of the emergency only. Each use of the permit shal! be recorded with the date, time, place, and nature of the emergency, as well as with other information required by the forms provided for reporting purposes. The completed form shall be submitted to the directo~ of~t~anspo~tation chief transportation official on a monthly basis for verification. A permit shall be effective for one year and shall contain the name of the permittee, the make and type of vehicles, the license numbers and the effective dates of the permit. The original permit shall be placed on the vehicle dashboard windshield so as to be visible from outside the vehicle and shall include an indication as to the specific location of the emergency. No person shall reproduce a permit. The annual fee for such permit shall be established in the municipal fee schedule. No permit shall be issued until said fee has been paid to the Supervisor of Revenue Collections. It is unlawful and an infraction for any person: (i). To use an emergency repair parking permit for other than parking for emergency repair work; (2) To use an emergency repair parking permit for other than commercial vehicles; (3) To use an expired or revoked emergency repair parking permit; or (4) To reproduce an emergency repair parking permit. Two violations in any calendar year shall automatically revoke privileges for the next succeeding twelve months. For purposes of this subsection, "emergency repair work" means repair work done to a structure or to mechanical, electrical, or plumbing devices where there exists a threat to life or property. 990401 syn 0043628 14 10.40.050 Standing for loading or unloading only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in Section 10.40.030. 10.40.060 Standing in passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or un!oading of passengers for such time as is specified in Sections 10.40.030. 10.40.070 Standing in any alley. When official signs prohibiting such parking are in place, no person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of materials in any alley. Such parking shall not exceed twenty minutes. In no event shall the driver of such vehicle leave less than one traffic lane for unobstructed passage. When an alley is designated as a one-way alley, such parking by vehicles shall be permitted on the right side only. 10.40.080 Bicycle and motorcycle parking spaces. (a) The city manager is authorized to designate and establish bicycle and motorcycle parking spaces for use at such places and during such times as the city manager may deem suitable and necessary. The city manager may also authorize the placing of bicycle parking racks in the spaces so designated. (b) When official signs or markings restricting parking to bicycles only are in place, only bicycles shall be parked ~ in such places, and it is unlawful for any person to park or stand any vehicle other than a bicycle or other nonpowered two-wheeled vehicles in such space. (c) When official signs or markings restricting parking to motorcycles only are in place, only motorcycles shall be parked ~ in such places, and it is unlawful for any person to park or stand any vehicle other than a ~motorcycle or other self- propelled two or three wheeled vehicles in such space. 10.40.090 Taxi stands~. (a) The city manager is authorized to determine the location of and to mark taxi stands. 990401 syn 0043628 15 (b) Such taxi stands shall be indicated by signs or a white line stenciled with the words "TAXI ONLY" upon the tops of all curbs and places specified for taxicabs only. (c) No driver of any taxicab shall park or stand the same upon any public highway in any business dist.rict in the city for any period of time longer than is iecessary to discharge or receive passengers then occupying or then waiting for such taxicab; provided, that a taxicab may be parked in a taxi stand established pursuant to subsection (a) of this section. (d) When official signs or markings designating such taxi stands are in place, no person other than the driver of a taxicab shall park or stand any vehicle in any taxi stand. 10.40.100 Bus zones~. (a) The city manager is authorized to establish bus zones for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the limitations set forth in this section. (b) The word "bus," as used in this section, means any motor bus, motor coach or passenger stage used as a common carrier of passengers. (c) No bus zone shall exceed eighty- feet in length, except that when satisfactory evidence has been presented to the city manager showing the necessity therefor, the city manager may extend bus zones not to exceed a total length of one hundred thirty feet. (d) Bus zones shall normally be established on the far side of an intersection. (e) Such bus zones shall be indicated by signs or e~-z~<£ ~±~ ~ ~,±te ~=~s ~ ~E upon ~ top ~f ~ ~u~ ~h~~u~ ~ by red curbing marked as a bus loading zone. (f) No bus shall stand in any bus zone longer than necessary to load or unload passengers. (g) No person shall stop, stand or park any vehicle except a bus in any bus zone. 990401 syn 0043628 16 SECTION 5. Chapter 10.44 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.44 STOPPING, STANDING AND PARKING - PROHIBITED OR RESTRICTED 10.44.010 Restrictions established - Signs designating. (a) The city council shall by ordinance or resolution establish such parking, or stopping, standing and parking restrictions or prohibitions as may be necessary, and the city manager shall designate such streets, portions of streets., or city- owned parking {~t~---facilities by appropriate signs or markings giving effect tb such parking or stopping, standing and parking restrictions or prohibitions. Notwithstanding the foregoing, the city manager may establish such parking, or stopping, standing and parking restrictions or prohibitions for periods of time not to exceed four months at which time such restrictions or prohibitions shall no longer be of any force and effect unless duly established by ordinance or resolution of the city council. The city manager shall designate streets or portions of streets by appropriate signs or markings, giving effect to such parking or stopping, standing and parking restrictions or prohibitions. (b) When authorized signs are in place giving notice of such prohibition or limitation, no person shall stop, stand or park any vehicle in violation of such si~prohibition or limitation. (c) Whenever the stopping, standing 6r parking of a vehicle has been prohibited, restricted, or limited as to time by this chapter or any resolution enacted pursuant hereto, the continued standing or parking of such vehicle after a citation therefor has been issued shall constitute a separate and additional violation of the provision for which the citation was issued, when such standing or parking continues for an additiona! period longer than the maximum permissible period of parking in such space or location after issuance of such citation, or if no such period of time is designated, when such stopping, standing or parking after a citation therefor continues for anadditional period longer than one hour. 10.44.015 Definitions. (a) For the purposes of this chapter, the following words shall have the meaning ascribed to them in this section: 990401 syn 0043628 17 for car;,pin9- mounted upon a motor ..... -’-~e ~u to provim}e ~---~±~= for ........ ¯ ~-~±~ or campi~,9 purposes ......... -’ .... ~,,e’~- ~-Is (3)"Commercial .....: -~ - "v~,,-,_.±~ means a ---~--’v=~.-~±~ of a t?pe ~ ~-~±~, u- ~==±~.=~, ~=~ or ,,,=-~.~=i..=~ primarily for the transportation of property. ~..........fly .................~ ...................~ .......~m~ or permanen ~x~, ~ ~u~p~ for ~ich a camper~ ....be~n permanently~uu~. A ~ support a portion of ....~ss~ we~x~ .....of ....cx~= camper unit~x~a~l be considered a ~u~ ~x regardless of .............c~ ~.~cx~ of a~ manner of registration. persons or property on its own structure or for~-~’--:--- di-awn by ~ (i) "Oversized vehicle" means any vehicle ~ exceeding seven feet in height or exceeding twenty feet in overall length or exceeding seven feet in width (including any load or accessory thereon other than antennas), provided that this definition shall not apply to vehicles ,which exceed these dimensions solely because of modifications required to accomodate a disability and the vehicle is lawfully displaying a disabled placard or license; (2) "Camper shell" means a structure designed to cover and/or protect the bed area of a pickup truck but removed therefrom; (3) "Trailer" means a vehicle designed or utilized for being drawn by a motor vehicle. (4) "Residential zone" means all lands located within the following zoning districts: RE, RI, R2, RMD, RM-15, RM- 990401 syn 0043628 18 30, and RM-40; where one side of a street is located within one of these residential districts, then the portion of the opposit~ side of the street directly across from the residential district shall also be included in the definition of a residential zone; (5) ~Public Facility Zone" means, all lands located within a PF zone; where one side of a s~reet is located within a public facility zone, then the portion of the opposite side of the street directly across from the public facility zone shall also be included in the restrictions pertaining to a public facility zone. 990401 syn 0043628 19 10.44.020 Standing or parking, two a.m. to six a.m. (a) No person shall, between the hours of two a.m. and six a.m. of any day, ~-~ ..... ~, ~.~.~ certa2n streets or portions \ ±; CampeT~T, (2) (~) (4) .............. ~; ~..~,o~,~,..~.~=,_.~,~u-.~m ~ provisions of. . - ~ section, no person=~I ~x~ any excess of three ..........................................................~~~u ~xu~ux~~u~ ~~x ~c upon ~ streets o~- portions of streets ~sidence) di~ ~-~.~ enga ~n professional ~-~gaged in eme~rgency activities az-e exempt from compliance subsections ~-~section. unless authorized by a hardship.permit issued pursuant to section 10.44.021 or a construction or maintenance permit issued pursuant to section 10.40.045, park upon streets or alleys located within a residential zone or public facility zone any of the following vehicles: (1) (2) (3) oversized vehicles; trailers; camper shells; (4)tow trucks as defined by California Vehicle Code section 615; (5)special construction equipment as defined by California Vehicle Code section 565. (b) Notwithstanding the provisions of Section 10.44.010, no signs or markings are necessary to give effect to the restrictions and prohibitions contained in this section. 10.44.021 Hardship permit. Persons who have obtained hardship permits pursuant to this section shall be exempt from the provisions of Section 10.44.020 during the duration of said permit. 990401 syn 0043628 2O (a) Eligibility. Any resident of the city of Palo Alto may be eligible for a one-time nonrenewable hardship permit for ~ camper and a hmuse--an oversized vehicle if such resident can show a "hardshipi-s~". For the purposes of this section "hardship" means that the applicant has no legal offstreet parking space adequate to accommodate the vehicle for which the permit is sought at the street address specified in the permit a~plication. (b) Classes and duration of permits. There shall be two classes of permits: (i)resident permit and (2) guest permits. Any resident of Palo Alto may _,i_: ~ ity .... : -obtain a resident permit u~u~ ~=~±±~-~ =-±~-~±±=~ ..-~ ~=~±u=~= =uu~=~.for a specified vehicle upon establishing actual residence at an address within the city. The maximum duration ~of this permit shall be thirty days ~z~z-e~r~t per stered .....v=..-~±:-~=. Guest pe~-m~ts ~.=~I be-~ ~ registered to nonresidents .............el:-:~-: .....’ ~ ~u-~ of guest permits~=~i not~x~==~ ......ten days. Nei ...... class of pe~-mit~=±± ...... be~=~=w~=.but shall not exceed the actual duration of the hardship. ~y resident of Palo Alto may Obtain a guest permit for a specified vehicle registered to a non-resident guest of the applicant, The duration of guest permits shall not exceed fourteen days and shall not be renewable within thirty days following expiration. (c) Fees. The fees for hardship permits shall be set forth in the municipal fee schedule. No hardship permit shall be issued until said fee has been paid to the Supervisor of Revenue Collections. (d) Procedures and regulations. Applications for hardship permits shal! be submitted to the supervisor of revenue collections. The supervisor of revenue collections may issue a hardship permit if it is determined that the application of Section 10.44.020 will create a hardship on the applicant or his guest. The Supervisor of Revenue Collections may establish additional procedures and regulations for the implementation of this section which are consistent with this section and with Section 10.44.020 of this Code. I0.44.030 Parking prohibited on grade. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent within any business or residential district without blocking the wheels of said vehicle by turning them against the curb or by other means. 990401 syn 0043628 21 10.44.040 Parking space markings. (a) The city manager is authorized to install and maintain parking space markings to indicate parking spaces~uj-=~acent to ctrr~ where authorized parking is permitted. (b) When such parking space magkings are placed in h-~T~-a street, alley, or public parking facility, 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 or shape of such vehicle makes compliance impossible. (c) No vehicle over six feet wide or fifteen feet long (including loads or accessories) shall park or stand in a parking space marked as a small car or compact car space. 10.44.050 ~ncy parking sign~ Temporary parking and street sweeping restrictions. (a) Whenever the chief of police, director of public works, or director of utilities determines that an emergency traffic congestion or conflict is likely to result from construction or maintenance work, the holding of public or private assemblages, gatherings or functions or for ot~asons, .....~ ~-= of .... ~-- ~=~± have power=~u .... ~ .... ~-- to=uu~~ ~ ............... ,devices or barricades to be erected o~ streets and~~-~ .....as ~= ~=~ ~ police ~ ~=~ ~~ the time ....’-’ ....~ ............~u~ temporary signs =~= ±~ ~±=~=. ba~-r±~=~=~~± remain in ace ~±~ ~u±±~ ~= existence - ’emergency, and .......~= ~±~-= of police ~=~I cause ~u~ s remove~romptly thereafter. or for the movement of equipment, articles, or structures of unusual size interfering with normal flow of traffic, those officials shall have power and authority to restrict the operation, parking or standing of vehicles at the particular streets, alleys, or public parking facilities (and for the duration) determined to be necessary or desirable to avoid such traffic congestion or conflict. No person shall operate, park, or leave standing any vehicle in violation of such restrictions where temporary signs, devices or barricades are erected or posted indicating that the operation, parking or standing of vehicles is restricted. (b) Whenever the director of public works determines that parking or standing of vehicles on any city street, alley, or public parking facility should be prohibited or restricted for the purpose of street sweeping, no vehicle shall be parked or allowed to stand on any portion of the street, alley, or public parking 990401 syn 0043628 22 facility in violation of signs posted therefor, and removal of vehicles parked in violation of such signs is authorized; (c) When signs, devices or barricades 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 sigis. Whenever signs are erected or placed at least 24 hours in advance of the prohibition against parking or standing and those signs warn that removal is authorized for violation of the prohibition, the chief of police is authorized to remove vehicles parking or standing in violation of the prohibition. Whenever a vehicle is removed pursuant to this section and is stored as permitted by the California Vehicle Code, the chief of police shall comply with the requirements of Section 22852 of the California Vehicle Code relating to post-storage notice and hearing for registered owners and legal owners of record. 10.44.060 Parking vehicles held for commercial sale or repair. It is unlawful for any person who deals in or whose business involves the sale, trade, shipment or other disposition, repossession or repair of new or used vehicles to park or leave standing on one or more streets, alleys, or public parking facilities any vehicle held for sale, trade, repossession, repair, shipment or other disposition for more than t~two hours in the aggregate during any one day. If two or more such vehicles are in the possession or custody of such person, the three two-hour aggregate period shall commence when the first vehicle is left standing upon any street, alley or public parking facility and shall include and apply to all other such vehicles, whether parked at the same time or at a later time, or at the same or different location on any city street, alley or public parking facility. 10.44.070 Parking on city property. (a) Whenever the city manager determines that the orderly, efficient conduct of the city’s business requires that parking or standing of vehicles on city property owned or controlled by the city other than city streets or alleys should be prohibited, limited or restricted, the city manager shall have the power and authority to order signs to be erected or posted or curb markings to be placed indicating that the parking of vehicles is thus prohibited, limited or restricted. (b) When signs or curb markings authorized by the provisions of this section are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs or’curb markings. 23 990401 syn 0043628 10.44.080 Vehicles not to obstruct streets, ~ Tc~--, alleys, or public parking facilities. No person shall operate or stand or park any vehicle on any street, u- in =.i~ p=~±1~ lot alley, or any public parking facility owned or controlled by the city. in such a manner as to obstruct the free use of such street ~- pal-king lot, alley, or any public parking facility. 10.44.090 Requiring ignitions locked and keys removed from motor vehicles. No person driving or in charge of a motor vehicle, except a commercial motor vehicle, shall allow it to stand unattended on any highway, public street, or any other public place, or on a parking {-ctfacility open to the public use, without first stopping the engine, locking the ignition and removing the ignition key from the vehicle, no~-- ~.~- ~±s section oi- any ---’v±~±=~..:-- ~..=~ be ~ ~~ in any action. The registered owner of a vehicle found in violation of this section shall be held prima facie responsible for any such vehicle. Violation of this section shall not mitigate the offense of theft of such motor vehicle. SECTION 6. Section 10.60.070 of Chapter 10.60 of the Palo Alto Municipal Code is hereby amended to read as follows: 10.60.070 Permit parking in city lots. (a) The city manager is authorized to set aside any portion or all of any city-owned parking lot for permit parking and to issue permits therefor as provided in this section. (b) The city manager may issue parking permits upon application therefor and upon the payment of a fee in an amount to be determined by the city manager. Such permit shall designate the parking lot for which it is issued and shall be affixed at or near the center of the left side of the rear window or left side of the rear bumper in such a manner that it can be readily identified from the rear of the vehicle for which it is issued. Such permit may contain such instructions as to its use as may be deemed appropriate by the city manager. (c) The city manager shall install signs ~-~--t~in the permit parking ~s--areas indicating that they are reserved for permit parking only, and the holder of such a permit properly displayed may park in any such space on the lot, but only in such space. 990401 syn 0043628 24 (d) A vehicle with a permit shall not park for more than seventy-two consecutive hours in the same city-owned ~ s~m-t~u~epublic parking facility. This subsection shall not apply to official city vehicles. (e) No person who owns or has possession, custody or control of a vehicle shall park that v4hicle or allow it to be parked in any permit parking space adjacent to which th~e is a in a permit area where sign indicating that such space is reserved for permit parking only without displaying a valid permit therefor. This prohibition shall not apply to the use of such spaces during the period from six--five p.m. to eight a.m. or on Saturdays, Sundays and holidays. SECTION 7. The Council finds that the provisions of this ordinance do not constitute a project under the California Environ- mental Quality Act because it can be seen with certainty that no significant env£ronmental impact will occur as a result of the ordinance. SECTION 8.This ordinance shall become effective upon the commencement of the thirty-first day after the day of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Mayor City Manager Police Chief Director of Planning and Community Environment 990401 syn 0043628 25 990401 synO043628 TO: ATTENTION: City City of Palo Alto Manager’s Report HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE 3 FROM:CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: MARCH 8, 1999 CMR:166:99 RECOMMENDATION TO AMEND CHAPTERS 10.04,10.36,10.40, 10.44 AND 10.60 OF THE PALO. ALTO MUNICIPAL CODE REGULATING THE STOPPING, STANDING, AND PARKING OF VEHICLES REPORT IN BRIEF Thi~ report provides recommendations for amendments to several chapters in of the Palo Alto Municipal Code regulating the stopping, standing, and parking of vehicles. Specifically, proposed changes are recommended for Chapters 10.04- Definitions; 10.36- Stopping, Standing and Parking - Generally; 10.40- Stopping, Standing and Parking - Loading and Unloading; 10.44- Stopping, Standing and Parking - Prohibited or Restricted; and 10.60 - Parking Violations. The recommendations address overnight parking restrictions, oversized vehicles, and loading zones for the disabled. Additionally, the changes would bring the City’s ordinance into compliance With changes made in the California Vehicle Code and would clarify issues related to th~ parking and towing of vehicles. CMR:166:99 Page 1 of 8 RECOMMENDATIONS Staff recommends that Chapters 10.04, 10.36, 10.40, 10.44, and 10.60 of the Palo Alto Municipal Code (PAMC) regulating parking, stopping, and standing of vehicles be amended. Specifically, the recommended revisions address ovemight parking regulations, oversized vehicles, and loading zones for the disabled. Staff’s recommendations would also bring the City’s ordinance into compliance with the California Vehicle Code (CVC) and some practices the City has established, and would clarify enforcement issues related to the parking and towing of vehicles. BACKGROUND In 1996, the City Council amended Title 10 of the PAMC concerning the time limits for contesting parking citations. Since then, there have been changes made in the CVC associated with these time limits that conflict with the City’s ordinance. State law also now requires that local governments adopt an ordinance that authorizes the enforcement of the vehicle code section that prohibits parking in a loading zone next to a disabled parking space. Additionally, over the past several years, the Police Department has received frequent complaints about trailers, trucks, motor homes, and oversized vehicles parked in or near residential areas. Since the time the current ordinance was amended, considerable changes have been made to zoning designations throughout the city, making enforcement almost impossible. As an example, the current code allows parking of these oversiZed vehicles next to a park, a school or across the street from a residential zone. The recommended amendments address these issues. As staff was reviewing these chapters, it became apparent that other clarifications and changes were needed to address enforcement authorizations, vehicles parked on City streets that are for sale, temporary parking signs, and to provide more effective processing of abandoned vehicles. DISCUSSION The following are the significant changes that staff is recommending: Chapter 10.36 Stopping, Standing, and Parking - Generally CMR:166:99 Page 2 of 8 Section 10.36.030: Use of Streets or Public Parking Facilities for Storage of Vehicles This section deals with vehicles left on streets and in City pa~king lots for more than 72 hours. The recommended amendments to this section would add the prohibition for storage of a vehicle for more than 72 hours in a public parking facility; require only one waming notice prior to the towing of a vehicle; increase the distance a vehicle must be moved from 1,000 feet to half a mile; and delete the requirement of a pre-tow hearing. Under the current code, Police Department personnel must use three different steps to deal with a vehicle that has been reported stored or abandoned before it can be towed. The first step is to chalk the vehicle and obtain an odometer reading. This is usually done within several days after receiving the complaint and actually starts the 72 hour clock. After 72 hours, if thevehicle has not been moved, the vehicle is cited and a tow warning is placed on the car. The third step involves the actual towing of the vehicle 24 to 48 hours later. This labor intensive process means that the vehicle is actually on the street for more than 144 hours after a complaint has been made. Staff recommends that steps two and three be combined. The vehicle would be chalked and a warning notice would be placed on the vehicle. If, after 72 hours, the car has not been moved in compliance with the code, a citation would be issued and the car would be towed. With the proposed amendments, the amount of time the vehicle is actually parked on the street after a complaint has been received would b~reduced by 72 hours. During FY 97-98, the Police Department responded to 1,308 complaints of vehicles that were reported as stored or abandoned and subsequently towed 88 of these vehicles. The way the current code reads is also confusing and frustrating for residents when abandoned and!or inoperable vehicles, usually registered outside the neighborhood, are just pushed down the street or around the corner to circumvent the distance requirements. Changing the required distance from 1,000 feet to half a mile would make it more difficult for this circumvention to occur. It would also make it easier for vehicle owners and Police Department personnel to calculate the distance a vehicle has been moved on a vehicle odometer or trip meter. Section 10.40.010: Authority to Establish Loading’Zones The recommended amendments to this section would add a requirement that in addition to any colored curb markings, signs also be required to designate parking spaces for bus, loading, and disabled parking spaces. City staff has already initiated this practice after receiving numerous complaints from motorists that they do not see the curb markings. Since initiating the practice of installing signs in addition to curb markings, compliance with parking regulations has significantly improved. CMR:166:99 Page 3 of 8 Section 10.40.020: Signs or Curb Markings to Indicate No Stopping and Parking Regulations. The changes to this section would also bring current practice into compliance with the code by increasing temporary parking in green zones from 24 to 30 minutes; changing the time period of parking enforcement to 8:00 a.m. and 5:00 p.m. to conform with the currently posted signs; and clarifying that only vehicles with commercial license plates may use loading zones. Section 10.40.025: Parking or Standing in a Crosshatched Area Adjacent to Disabled Parking Spaces The proposed new section would bring the City’s code into compliance with the CVC. State law mandates that, prior, to enforcement of the CVC section pertaining to parking in disabled parking loading zones designated by crosshatched areas adjacent to disabled parking spaces to occur, local governments must adopt similar regulations. Without a local ordinance, Police staff is unable to enforce this violation. Numerous complaints have been received by members of the disabled community about this issue. Section 10.40.040: Parking Distance From Curbs and Commercial Vehicle Deliveries Amendments to this section would clarify that paraile! parking requirements on one-way streets would require either both right-hand or both left-hand wheels of the vehicle (depending upon the side of the street) to be parked within. 18 inches of the curb. The Chief Transporation Official would be authorized to issue permits that would allow parking of large commercial vehicles in business districts, instead of the Police Chief. This change is recommended due to the efficiency associated with all types of parking permits being issued by the same official. Section 10.40.045: Special Parking Permits The change in language for this section would allow the Chief Transportation Official tO issue temporary parking permits for vehicles used to move property or for construction projects, and would change the maximum length of a temporary permit from five days to 60 days. The increase in the length of the permit period reflects the fact that many construction projects require several months to complete, and it is more efficient and customer-friendly to issue temporary parking permits for a longer period of time. Section 10.40.100: Bus Zones CMR:166:99 Page 4 of 8 The amendments to this section would require the placement of signs and/or red curb markings at bus stops. This is the current procedure used in the city by the Santa Clara Valley Transportation Authority. Chapter 10.44 Stopping, Standing and Parking - Prohibited or Restricted Section 10.44.015: Definitions Changes to this section would provide clearer definition for oversized vehicles and remove designation by the type of vehicle. The proposed dimensions for an oversized vehicle would be exceeding seven feet in height, or twenty feet in length, or seven feet in width. These dimensions would not exclude the typical large sport utility vehicles (e.g., Chevrolet Suburban, Ford Expedition, or Chevrolet Tahoe) or passenger vans. This definition would likely include many of the medium to larger vehicles formerly listed under the definition of a camp trailer or house car. The maximum height limit was determined based upon the distance between the street and the bottom of a stop sign being seven feet. The Police Department receives frequent complaints about vehicles more than seven feet in height that block the view of stop signs. The length and width restrictions are designed to address sight distanc~ safety concerns for vehicles exiting from driveways. Language prohibiting commercial vehicles more than 3,800 pounds would be deleted. Staff found that most full size family pickup trucks exceed this weight. Staff does not believe that the intent of this ordinance was to restrict pickup trucks, all of which are required to be licensed with a commercial license plate. Residents are usually more concerned about the size of vehicles parked in residential areas than their weight. Staff believes that the reduction in the size of large vehicles that are allowed to park in residential areas increases the safety of pedestrians, bicyclists, and motorists by reducing vision obscurements. While these complaints have been received during both daytime and nighttime hours, staff also believes that the prohibition of parking oversized vehicles during nighttime hours helps to reduce the number parked in residential areas during the daytime as well. Outdated residential zoning district designations would be replaced in the code with the current zoning classifications. For the purposes of this ordinance, a residential zone would include both sides of the street in RE, R1, R2, RMD, RM-15, RM-30, RM-40, and PF zoning districts. Currently, it is legal for a prohibited vehicle to park on the street in front of a park or a school across the street from a residential zone. Proposed changes in the code will prohibit these vehicles from parking on either side of a street in a residential area. CMR:166:99 Page 5 of 8 Section 10.44..020: Standing or Parking 2:00 a.m. to 6:00 a.m. Section 10.44.021: Hardship and Guest Permits These sections deal with oversized vehicles, trailers, camper shells, tow trucks and construction equipment parking overnight, and vehicles used for human habitation. The effects of the changes in this section would be that oversized vehicles, trailers and camper shells would be prohibited from parking in residential areas from 2:00 a.m. and 6:00 a.m., unless they have a hardship or guest permit. These vehicles could still be parked in non- residential areas at any time of the day or night unless they are in violation of some other parking regulation (e.g.~ 72-hour vehicle storage, timed or permit parking areas, etc.) Additionally, language that would prohibit tow trucks and construction equipment from being parked in a residential area between 2:00 a.m. and 6:00 a.m. is recommended in this section. Many cities have an ordinance that prohibits tow trucks from parking in residential areas du.e to the noise and disruption associated with on-call tow trucks arriving and departing from heavily parked residential streets. Construction equipment normally is required to be parked on the property where the work is being conducted, but on occasion construction equipment is left on the street. This amendment would allow the Police Department to issue a parking citation if a tow truck or construction equipment is i~ft on the street overnight. Section 10.44.040: Parking Space Markings The recommended changes to this section would allow for parking space markings to be installed on streets, alleys, ’or in public parking facilities. It would prohibit vehicles more than six feet wide from parking in spaces designated by markings for small cars or compact cars. As a point of reference, the compact car spaces in the Civic Center parking garage are about 7’ 6" wide. It is difficult and sometimes impossible for drivers to enter or exit their vehicle if a large vehicle is parked adjacent to them in a compact parking space. Section 10.44.050: Temporary Parking and Street Sweeping Restrictions The recommended amendments to this section would add language to include the Director of Public Works and the Director of Utilities, in addition to the Police Chief, as authorizing officials for temporary parking restrictions. Additionally, it would clarify that street sweeping, construction or maintenance work that requires temporary parking restrictions could be enforced CMR:166:99 Page 6 of 8 and would allow the Police Department to remove vehicles parked in temporary, tow-away zones. Section 10.60.03.0: Police Department Review of Parking Violations To comply with changes in the CVC, the period to request an investigative review of a parking citation would be changed from 10 days to 14 days from the date of the mailing of notices of delinquent parking violations. Section 10.60..040: Appeal of Parking Violations to Parking Examiner To comply with changes in the CVC, the recommended amendments would change-the time period to request an administrative review before a parking examiner from 15 days to 21 days. Section 10.60.070: Permit Parking in City Lots Language changes in this section would modify the location of placement of parking permits from the center of the rear bumper to either the left side of the rear bumper or left sideof the rear window. Staff has found that with the types of materials being used for bumpers on newer models of cars, many people are reluctant to put paLking stickers on their bumpers for fear of damaging the paint or detracting from the overall appearance of their vehicle. RESOURCE IMPACTS Costs associated with the enforcement Department’s adopted budget. of these ordinances are included in the Police POLICY IMPLICATIONS Staff’s recommendations are consistent with City policy. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act (CEQA). CMR:166:99 Page 7 of 8 ATTACHMENTS Amended Chapters PREPARED BY:Lynne Johnson, Assistant Police Chief Don HarmeR, Police Lieutenant DEPARTMENT HEAD REVIEW: ,’ t , CITY MANAGER APPROVAL: Q~r_. r Lr, ivflr~ ~anager CMR:166:99 Page 8 of 8 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO REPEALING AND REENACTING CHAPTER i0 . 04 [DEFINITIONS] , CHAPTER I0.36 [STOPPING,STANDING AND PARKING - GENERALLY], CHAPTER 10.40 [STOPPING, STANDING AND PARKING - LOADING AND UNLOADING] , AND CHAPTER 10.44 [STOPPING,STANDING AND PARKING - PROHIBITED OR RESTRICTED]OF TIT~E I0 [VEHICLES AND TRAFFIC] .OF THE PALO ALTOMUNICIPAL CODE REGULATING VEHICLE PARKING The Council of the City of Palo Alto does ORDAIN as follows: SECTION I. The Council hereby finds as follows: WHEREAS, local legislation is required in order- to establish and enforce restrictions on vehicular parking in disibled parking loading/unloading zones, and the Council desires to adopt such legislation; and, WHEREAS, overnight parking of large vehicles also need to be regulated on the basis of size and bulk rather than on the basis of vehicle type and weight in order to more directly link these controls to the sight distance safety concerns posed by large vehicles; and, WHEREAS, the procedures for eqforcement of restrictions on the use of city streets for storage of vehicles in excess of seventy-two hours may be made more efficient and effective; and, WHEREAS, numerous minor changes to the vehicular parking ordinances are required in order to clarify the intent and streamline the enforcement of these parking ordinances. SECTION 2. Chapter 10.04 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.04 DEFINITIONS 10.04.010 Definitions generally. For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein shall have the definitions ascribed to them in this chapter. 990303 syn 0043628 10.04.020 Alley. "Alley" means a public or private vehicular way less than twenty-five feet in width affording a secondary means of vehicular access to abutting property. 10.04.030 Bicycle parking zone. "Bicycle parking zone" means exclusively for the parking of bicycles. 10.04.040 Business district. that space reserved "Business district" means all portions of the City of Palo Alto which are commercially zoned as provided in Title 18 of this Code. 10.04.045 Community service officer. "Community service officer" means a special police officer of the city authorized to direct traffic and to enforce all-laws of the city and of the state applicable to the parking or towing of vehicles and all laws of the city and of the state applicable to bicycles and bicyclists and to enforce all traffic laws of the city and of the state applicable to traffic within bicycle lanes and bicycle paths. 10.04.050 Holidays. For the purpose of this title~ holidays and other special days shall be in accordance with Chapter 2.08 of this Code. 10.04.060 Loading~zone. "Loading zone" means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading or Unloading of passengers or materials. 10.04.070 Official time standard. Whenever certain hours are named herein, they shall mean standard time or daylight saving time, as may be in current use in this city. 10.04.080 Park. "Park" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for a period of less than thirty seconds for the purpose of and while actually engaged in loading or unloading passengers or materials. 990303 syn 0043628 2 10.04.85 Parking enforcement officer. "Parking enforcement officer" means a special officer of the city authorized to direct traffic and to enforce all laws of the city and of the state applicable to the parking or towing of vehicles. 10.04.090 Parkway. "Parkway" means that portion of a street other than a roadway or a sidewalk. 10.04.100 Passenger loading zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 10.04.110-Pedestrian. "Pedestrian" means any person afoot. 10.04.120 Police officer. "Police officer" means every sworn member of the police department, police reserves or any employee of the city of Palo Alto authorized by the chief of police to direct or regulate traffic or to make arrests for violations of traffic regulations. ~ 10.04.125 Public parking facility. The term ~public parking facility" shall mean any public parking lot or parking structure owned or leased by the city in which parking by the general public is permitted. 10.04.130 Stop. "Stop" ~i’~. ~’~qui~d, means complete cessation of movement. 10.04.140 Stop or stand. "Stop or stand" ~e~x~i-~iblt~i~, means 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. 10.04.150 Taxi stand. "Taxi stand" means a public place alongside the curb of a street or elsewhere in the city of Palo Alto which has been 990303 syn 0043628 3 designated by the city manager as reserved exclusively for the use of taxicabs. h I0.04.160 Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel. 10.04.170 Traffic control devices. "Traffic control devices" means all signs, signals, markings and devices not inconsistent with this title, heretofore or hereafter placed or erected under this title, as authorized by the Vehicle Code of the State of California or by the authority of this title. 10.04.180 Traffic lane. "Traffic ~ane" means that portion of any road-way, either marked or unmarked, being not less than eight and one-half feet in width. 10.04.190 Vehicle Code definitions. In addition to the definitions set forth above, all definitions of words and phrases set forth in the Vehicle Code of the State of California are hereby incorporated in this title as though set forth in full herein. SECTION 3. Chapter 10.36 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.36 STOPPING, STANDING AND PARKING -GENERALLY 10.36.010 Application of regulations. (a) The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with directions of a police officer or official traffic control device. (b) The provisions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or this title prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 990303 syn 0043628 4 (c) In addition to any other persons authorized by law, any employee of the city classified as a p~k±~ LLL~IS~ Community Service Officer or Parking Enforcement Officer is authorized to give the notice required by the Vehicle Code of the State of California of anyviolation of said code or of local regulations adopted pursuant thereto governing the stopping, standing or parking of vehicles. (d) For purposes of this chapter, the term "public parking facility" shall mean any public parking lot or parking structure owned or leased by the city in which parking by the general public is permitted. 10.36.020 Standing in parkways. No person shall stop, stand or park a vehicle within any parkway, except on a permanent or temporary driveway. 10.36.030 Use of streets or public parking facilitiesfor storage of vehicles. (a) No person who owns or has possession, custody or control of any vehicle shall park or leave such vehicle standing upon any street or alley or public parking facility for a period of seventy-two consecutive hours or more. For the purposes of this section, a vehicle shall be considered to have been parked or left standing for seventy-two or more consecutive hours if it has remained inoperable or has not been moved at least ur~y-rhr~rs~m~ ~-e~t--five tenths of a mile or more during said seventy two hour period. ~ (b) In the event a vehicle is parked or left standing upon a streetor alley or public parking facility in excess of a consecutive period of seventy-two hours, any member of the police department authorized by the chief of police may remove such vehicle from the street as authorized by the California Vehicle Code and subject to the provisions of this section. (c) Prior to removing any vehicle, notice shall be affixed to the vehicle advising that the vehicle will be removed for violation of this section wi-tfrlnafter tw=,~Ly-£uu- seventy-two hours unless it is moved at least o~= Lh~u~d £e=t five tenths of il i ........................... 990303 syn 0043628 (d) Whenever a member of the police department removes a vehicle pursuant to this section and causes it to be stored as permitted by the California Vehicle Code, the chief of police or his designee shall comply with the requirements of Section 22852 of the California Vehicle Code relating to post-storage notice and hearing for registered owners and legal owners of record. 10.36.040 Parking for ’ ’ u~--sale, advertisement, or repair prohibited. (a) No person shall park a vehicle upon any street or alley or public parking facility for the purpose of: (i) ....................Adve tisement to the public the private sale of that vehicle; (2) Sexvlci~i~, ~p=i~i~ u~ uth=~wi:= wu~klng--cn~ ~u~h v~hi~l~ e~oe~t ~e~ai~ ~eees~itated by a~ Advertisement of any event or function onprivate property or on public property hired for a private event or function to which the public is invited. (b) No person shall park a vehicle upon any street or alley-or public parking facility for the purpose of servicing, repairing or otherwise working on such vehicle except repairs necessitated by an emergency. ~ 10.36.050 Parallel parking. (a) Subject to other and more restrictive limitations, a vehicle may~be stopped or parked within eighteen inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless the city manager has caused signs to be erected prohibiting such stopping or standing. (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 the city manager has caused signs to be erected permitting such standing or parking. (c) The city manager is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or alley 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. 990303 syn 0043628 6 (d) The requirement of parallel parking in 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 that vehicle-may be backed up to the curb, provided that such vehicle does not extend beyond the center line of the street and does not block traffic thereby; however, pursuant to section 10.40.040 commercial vehicles may not s%op, park, or stand in business districts between the hours of ii a.m. and 6 p.m. unless they are legally parallel parked or are legally parked in any angle parking space. i0.36.060 Angle parking. (a) Whenever any ordinance or resolution of this city designates and describes any street or public parking facility or portion thereof upon which angle parking shall be permitted, the city manager shall mark or sign such street indicating the angle at which vehicles shall be parked. (b) When~signs or markings are in place indicating ~ngle parking, as herein provided, no person shall park or stand~a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. 10.36.070 Parking adjacent to schools. (a) The city manager is authorized to place signs and to place markings on curbs, pavement, and similar areas to provide adequate control for vehicle parking and loading Upon any street or portion thereof adjacent to any schoo~ property in accordance with those traffic engineering and safety standards and instructions set forth in policies and warrants for traffic control devices near schools, adopted by ordinance or resolution of the legislative body of this city. (b) When official signs or markings are installed indicating no-parking upon a street or portion thereof adjacent to any school property, no person shall park a vehicle in any such designated place. 10.36.080 Stopping or parking prohibited - Signs required. (a) The city manager ~h=il is authorized to 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 said places: (i) At any place within thirty feet of a crosswalk at an intersection in any business district except that a bus may stop at a designated bus stop; (2) Within fifty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device; 990303 syn 0043628 (3) At any place where the city manager determines that it is necessary i~u~ .......Lo’~’~ttL±~=~ ~~U~ ~=~C h&~=~d~-or desirable¯ 10.36.090 Removal or defacemen~ of markings. It is unlawful for any person to remove, erase, deface, obliterate, or render unusable for the purpose of enforcement of this title any chalk mark, marker or other device placed on a vehicle Ok’ ~n~ pO~tlu~ Lh~£ by the city for the purpose of measuring the passage of time or the movement of a vehicle stopped, standing or parked on any street, or in any p=~ki~ iuL u~ co~:Litut= &~i i~£~&etlon public parking facility. 10.36.100 Removal or defacement of signs. It is unlawful for any person to remove, erase, deface, obliterate, or render unusable for the purpose of enforcement of this title any sign, marking, or device placed by the city for the purpose of indicating prohibitions or restrictions on stopping, standing or parking of vehicles on any street, alley, or public parking facility. SECTION 4. Chapter 10.40 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.40 STOPPING, STANDING AND PARKING -LOADING AND UNLOADING 10.40.010 Authority to establish loading zones. (a) The’ city manager is hereby authorized to determine and to mark by signs or curb markings loading zones and passenger loading zones and }~d~pp~d--disabled parking zones as follows: (I) AL ~ny pi=u~ i~ .....u~ On any street, alley, or public parking facility within any business district; (2) ~On any street, alley, or public parking facility in front of or adjacent to any place of business, school, park, public building, 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) Whenever curb marking is used, loading zones shall bybe indicated ~--yellow paint 990303 syn 0043628 and posted with a sign indicating "LOADING ZONE". all ........ ’ ~ -" (d) Whenever curb marking is used, passenger loading zones shall be indicated by ~ whiS~ lln~ st~,eii~d wlLh bi=uk I~LS~±~ white paint and posted with a sign indicating "PASSENGER LOADING ZONE" "("i.=., ~’o£iI~ ~ of ~ ~he=l~h=i~’). -Disabled parkin~ spaces shall be indicated by blue space markings and, in addition, an adjacent and appropriately posted sign conforming to the retirements of the California Vehicle Code. (f) Disabled parking loading areas shall be indicated by white cross-hatched lines adjacent to a disabled parking space; 10.40.020 Signs or curb markings to indicate no stopping and parking regulations. (a) The city manager is authorized, subject to the provisions and limitations of this title, to place, a~d wh~ ~qui~d he~in ~h=ll ~la~e, signs or the following curb markings on any street, alley, or public parking facility to indicate parking or standing regulations, and curb markings shall have the meaning as herein set forth: (i) Red shall mean no ~topping, standing or parking at any time ~yt a~ p~~ b~ ~ v~±~ ~u~ ~d ~pt u~a~ the vehicle is attended or unattended 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 six a. m. and six 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 twenty minutes by commercial vehicles. (3) White shall mean no stopping, standing or parking at any time for any purpose other than loading or unloading of passengers which shall not exceed three minutes ~t~icti~s ~h&ll awpl~ at all (4) Green shall mean no standing or parking for longer than thirty minutes at any time between eight a.m. and ~-bx five p.m. of any day except Saturdays, Sundays and holidays. (5) Blue shall mean no stopping, standing or parking except for vehicles 990303 syn 0043628 .............................. " ’ 1i ~1 lawfully display a disabled placard or disabled license plate while transporting a disabled person. Such restrictions shall apply at all times. (b) When the city manager, as .authorized under this chapter, .has caused signs or curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible sign or curb marking in violation of any of the provisions of this title except as specifically authorized by law. 10.40.025 Parking or standing in cross-hatched areas adjacent to disabled parking spaces. No person shall stop, stand or park any vehicle in any pavement area marked by cross-hatched lines and adjacent to a parking stall or space designated for disabled persons or disabled veterans, upon any street or upon any city-owned or operated public parking facility or upon any private off-street parking facility. These cross-hatched areas are designated for the loading and unloading of vehicles for disabled persons or disabled veterans only. 10.40.030 Effect of permission to load or unload. (a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor and in no event for;more than twenty minutes. (b) The loading or unloading of materials shall apply only to commercial deliveries; al~u th~ dellve~ ~ pi~ku~ of ~p~e~s =~d pa~u~i pu~t ~=~k=~.~ =~d ~iL~d States ~u=il. including the delivery or pickup of express and parcel post packages and United States mail. (c) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. (d) The provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. 10.40.040 Parking regulations for commercial vehicles. Parking distance from curbs. (a) No person shall stop, park or leave standing any vehicle, whether attended or unattended, ~i.th~ zu=d~=y ~~u~p~u, p~u Or ~u~ at ~nless both right-hand wheels (or either both right-hand wheels or both left-hand wheels 990303 syn 0043628 10 on a one-way street) are parallel with and within eighteen inches from the curb edge of a street or highway except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device. (b) No person shall stop, park or leave standing any commercial vehicle for the purpose of ~oading, delivering or unloading of freight or materials in any.business district between the hours of eleven a.m. and six p.m. unless such vehicle is parked so that both right-hand wheels (or either both right-hand wheels or both left-hand wheels on a one-way street) are parallel with and within eighteen inches of the curb or unless said vehicle is legally parked in any ~ngle parking space. (c) The ehi~£ o£ policechief transportation official, in case of undue hardship such as extremely large commercial vehicles .or commercial vehicles at the terminal of a long haul, ~ is authorized to issue a permit for parking to load or unload in the business district between the hours of eleven a.m. and six.p.m. even though curb space may not be readily available. Permits, when issued, shall contain the make and type of vehicle, the .license number, the name of the applicant, the location where and time when the permit shall be in effect, and the manner of parking or other restrictions necessary to insure the usual flow of traffic. The permit shall be attached to the windshield of the vehicle at all times when the permit is in effect. 10.40.045 Special parking permit for construction or maintenance work. (a) The dlxe~Loz o£ Lz=~i~puzt=Liu~ chief transportation official may issue a permit for the temporary use of any parking space in a public street or in a public parking loL ii~ = bu~i~=~s di~Lziut facility upon a showing that the applicant will be moving property or conducting construction and/or maintenance work in the immediate area and tha~ no alternative off-street site for the parking of eo~L~uctlu~ =~d/o~ mai~L~e cehicles or for the temporary storage of equipment and/or materials is available reasonably near the work site. Such permit shall entitle the holder temporarily to use a designated parking space or spaces in a public street or a public parking Tot--facility. as specified in the permit without regard to time limits otherwise imposed, but shall not permit illegal parking or use and parking or use of unauthorized places. (b) A permit, when issued for the use of a vehicle, shall contain the name of the permittee, the make and type of vehicle, the license number, and the location where and time when the permit shall be in effect. A permit, when issued for the temporary storage of equipment and/or materials, shall contain the name of permittee, the specific type of equipment and/or materials to be stored and the location where and the time when the permit shall be in effect. When a single permit is issued for both parking 990303 syn 0043628 11 and storage, the information required for both parking and storage permits, as set forth in this chapter, shall be contained therein. (c) When issued for parking, the permit shall be placed on the windshield of the vehicle and, when issued for storage, the permit shall be posted in a conspicuous place on the equipment or materials. (d) No permit shall be issued for any initial period greater than £1ve sixty working days~, but the dli~5~ ~£ 5~=~po~Sat±on chief transportation official may renew the permit for additional periods not to exceed f-~sixty working days each. The fee for ~rny--such permit shall be i~u~u u~±~ ~=±~ f~~=~ ............. ~ p=id 50 5h= ~ity L~asu~x established in the municipal fee schedule. No permit shall be issued until said fee has been paid to the Supervisor of Revenue Collections. (e)In addition to the permits described in this section, the di~t~ ~f 5~w~&tlon chief transportation ¯ official may issue permits authorizing the temporary use by commercial vehicles of any parking space in a public street or in a public parking iu5 ±~ ~ bu~i~ di~L~iu5 facility upon a showing that the applicant provides emergency repair work. Such permit shall entitle the holder to use a parking space in a public street or a public parking i~fc--facility without regard to the limits otherwise imposed, but shall not permit illegal parking or parking in unauthorized places; the permit shall authorize parking for the duration of the emergency only. Each use of the permit shall be recorded with the date, time, place, and nature of the emergency, as well as with other information required by the forms provided for reporting purposes. The completed form shall be submitted to the di~’e~hu~ uf L~=~wu~L~LI~ chief transportation official on a monthly basis for verification. A permit shall be effective for one year and shall contain the name of the permittee, the make and type of vehicles, the license numbers and the effective dates of the permit. The original permit shal.l be placed on ~the vehicle d~l~o~d windshield so as to be visible from outside the vehicle and shall include an indication as to the specific location of the emergency. No person shall reproduce a permit. The annual fee for such permit shall be established in the municipal fee schedule. No permit shall be issued until said fee has been paid to the Supervisor of Revenue Collections. It is unlawful and an infraction for any person: (I) To use an emergency repair parking permit for other than parking for emergency repair work; (2) To use an emergency repair parking permit for other than commercial vehicles; 990303 syn 0043628 12 (3) To use an expired or revoked emergency repair parking permit ; or (4) To reproduce an emergency repair parking permit. Two violations in any calendar year shall automatically revoke privileges for the next succeeding twelve months. For purposes of this subsection, ’~emergency repair work" means repair work done to a structure or to mechanical, electrical, or plumbing devices where there exists a threat to life or property. ~t 10.40.050 Standing for loading or unloading only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than load~ng or unloading passengers or materials for such time as is permitted in Section 10.40.030. - 10.40.060"Standing in passenger loading zone. 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 Sections 10.40.030. 10.40.070 Standing in any alley. When officiil signs prohibiting such parking are in place, no person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of materials in any alley. Such parking shall not. exceed twenty minutes. In no event .shall the driver of such vehicle leave less than one traffic lane for unobstructed passage. When an alley is designated as a one-way alley, such parking by vehicles shall be permiqted on the right side only. 10.40.080 ,Bicycle and motorcycle parking spaces. (a) The city manager is authorized to designate and establish bicycle and motorcycle parking spaces for use at such places and during such times as the city manager may deem suitable and necessary. The city manager may also authorize the placing of bicycle parking racks in the spaces so designated. (b) When official signs or markings restricting parking to bicycles only are in place, only bicycles shall be parked on-l-y in such places, and it is unlawful for any person to park or stand any vehicle other than a bicycle or other nonpowered two-wheeled vehicles in such space. (c) When official signs or markings restricting parking to motorcycles only are in place, only motorcycles shall be parked on-l-y in such places, and it is unlawful for any person to park or 990303 syn 0043628 13 stand any vehicle other than a bi~z~otorcycle or other self- propelled two or three wheeled vehicles in such space. 10.40.090 Taxi stands ...... . (a) The city manager is authorized to determine the location of and to mark taxi stands. (b) Such taxistands shall be indicated by signs or a white line stenciled with the words "TAXI ONLY" upon the tops of all curbs and places specified for taxicabs only. (c) No driver of any taxicab shall park or stand the same upon any public highway in any business district in the city for any period of time longer than is necessary to discharge or receive passengers then occupying or-then waiting for such taxicab; provided, that a taxicab may be parked in a taxi stand established pursuant to subsection (a) of this section. (d) When official signs or markings designating such taxi stands are in place, no person other than the driver.of a taxicab shall park or stand any vehicle in any taxi stand. 10.40.100 Bus zones-tu b~ ~5=bii~h=d. (a) The city manager is authorized to establish bus zones for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the limitations set forth in this section. (b) The word "bus," as used in this section, means any motor bus, motor coach or passenger stage used as a common carrier of passengers. (c) No bus zone shall exceed eighty feet in length, except that when satisfactory evidence has been presented to the city manager showing the necessity therefor, the city manager may extend bus zones not to exceed a total length of one hundred thirty feet. (d) Bus zones shall normally be established on the far side of an intersection. (e) Such bus zones shall be indicated by signs or ~r-r~d li~e ~Le~±l~d with while letL~ "BUS ZONE" upo~ Lh~ t~ uf ~I~ uu~b~ ~iLhi~ muuh mu~i~ by red curbing marked as a bus loading zone. (f) No bus shall stand in any bus zone longer than necessary to load or unload passengers. (g) No person shall stop, stand or park any vehicle except a bus in any bus zone. 990303 syn 0043628 14 ~. Chapter 10.44 of the Palo Alto Municipal Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 10.44 STOPPING, STANDING AND PARKING -PROHIBITED OR RESTRICTED 10.44.010 Restrictions established - Signs designating. (a) The city council shall by ordinance or resolution establish such parking, or stopping, standing and parking restrictions or prohibitions as may be necessary, and the city manager shall designate such streets, portions of streets, or city- owned parking Tot-s--facilities by appropriate signs or markings giving effect to such parking or stopping, standing and parking restrictions or prohibitions. Notwithstanding the foregoing~the city manager may establish such parking, or stopping, standing and parking restrictions or prohibitions for periods of time not to exceed four months at which time such restrictions or prohibitions shall no longer be of any force and effect unless duly established by ordinance or resolution of the city council. The city manager shall designate streets or portions of streets by appropriate signs or markings, giving effect to such parking or stopping, standing and parking restrictions or prohibitions. (b) When authorized signs are in place giving notice of such prohibition or limitation, no person shall stop, stand or park any vehicle in violation of such ~Fn--prohibition or limitation. (c) Whenever the stopping, standing or parking of a vehicle has been prohibited, restricted, or limited as to time by this chapter or any resolution enacted pursuant hereto, the continued standing or parking of such vehicle after a citation therefor has been issued shall constitute a separate and additional violation of the provision for which the citation was issued, when such standing or parking continues for an additional period longer than the maximum permissible period of parking in such space or location after issuance of such citation, or if no such period of time is designated, when such stopping, standing or parking after a citation therefor continues for an additional period longer than one hour. 10.44.015 Definitions. (a) For the purposes of this chapter, the following words shall have the meaning ascribed to them in this section: 990303 syn 0043628 15 =~h~eL,~iLy ofu~=’’" t~=ilea body ~d du=~ ~’~oL =~¢=~d ~i~’~=Ly-mlx i~ ~idLh =~id~u~uu~ =~y L~L Lx’=ile~’. Where = L~aii~ fu~’ L~=vel, th= mime ~hall =pply Lu Lhe Lxail=~ =~ fully (i) "Oversized vehicle" means any vehicle (other than vehicles lawfully displaying a disabled placard or license) exceeding seven feet in height or iexceeding twenty feet in overall length or exceeding seven feet in width (including any load or accessory thereon other than antennas); (2) "Camper shell", means a structure designed to cover and/or protect the bed area of a pickup truck but removed therefrom; (3) . "Trailer" means a vehicle designed or utilized for being drawn by a motor vehicle. (4) "Residential zone" means all lands located within the following zoning districts: RE, RI, R2, RMD, .RM-15, RM- 30, and RM-40; where one side of a street is located within one of these residential districts, then the portion of the opposite side of the street directly across from the residential district shall also be included in the definition of a residential zone; (5) ~Public Facility Zone" means all lands located within a PF zone; where one side of. a street is located within a public facility zone, then the portion of the opposite side of the street directly across from the public facility zone shall also be included in the restrictions pertaining to a public facility zone. 990303 syn 0043628 16 10.44.020 Standing or parking, two a.m. to six a.m. (a) No person shall, between the hours of two a.m. and six a.m. of any day, p=~k upo~ Lho~= ~=~L=I~i ~t~et~ o~ po~Liu~ unless authorized by a hardship permit issued pursuant to section 10.44.021 or a construction or maintenance permit issued pursuant to section 10.40.045, park upon streets or alleys located within a residential zone or public facility zone any of the following vehicles: (i)oversized vehicles; (2)trailers; (3)camper shells; (4)tow trucks as defined,by California Vehicle Code section 615; (5)special construction equipment as defined by ~ California Vehicle Code section 565. (b) Notwithstanding the provisions of Section 10.44.010, no signs or markings are necessary to give effect to the restrictions and prohibitions contained in this section. 10.44.021 Hardship permit. Persons who have obtained hardship permits pursuant to this section sha.ll be exempt from the provisions of Section 10.44.020 during the duration of said permit. (a) Eligibility. Any resident of the city of Palo Alto may be eligible for a one-time nonrenewable hardship permit for E c-a[[~ =~--~r-h~ErsE-an oversized vehicle if such resident can show a "hardshipA~s~’’. For the purposes of this section "hardship" means 990303 syn 0043628 17 that the applicant has no legal offstreet parking space adequate to accommodate the vehicle for which the permit is sought at the street address sPecified in the permit application. (b) Classes and duration of permits. There shall be two classes of permits: (I). "resident permit and (2) guest permits. Any resident of Palo Alto may obtain a resident permit ~±u~u~ =uu~. for a specified vehicle uponestablishing actual residence at an address within the city.The maximum duration of .this permit shall be thirty days p~~’es±de~t pea ul~s~ u£ W=~tLiL :h=il be ~:~=ble.but shall not exceed the actual duration of the hardship. Any resident of Palo Alto may obtain a guest permit for s specified vehicle registered to a non-resident guest of the applicant. The duration of guest permits shall not exceed fourteen days and shall not be renewable within thirty days following expiration. (c) Fees. The fees for hardship permits shall be set forth in the municipal fee schedule. No hardship permit shall be issued until said fee has been paid to the Supervisor of Revenue Collections. (d) Procedures and regulations. Applications for hardship permits shall be submitted to the supervisor of revenue collections. The supervisor of revenue collections may issue a hardship permit if itis determined that the application of Section 10.44.020 will create a hardship on the applicant or his guest. The Supervisor of Revenue Collections may establish additional procedures and regulations for the implementation of this section which are consistent with this section and with Section 10.44.020 of this Code. 10.44.030 Parking prohibited on grade. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent within any business or residential district without blocking the wheels of said vehicle by turning them against the curb or by other means. 10.44.040 Parking space markings. (a) The city manager is authorized to install and maintain parking space markings to indicate parking spaces &dj~ue~iL L~ L~rrb~ where authorized parking is permitted. 990303 syn 0043628 18 (b) When such parking space markings are placed in ~ ~a street, alley, or public parking facility, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or pa~ked other than within a single space unless the size or shape of such vehicle makes compliance impossible. (c) No vehicle over six feet wide or fifteen feet long (including loads or accessories) shall park or stand in a parking space marked as a small car or compact car space. 10.44.050 ~~s~j~--Temporary parking and street sweeping restrictions. (a) Whenever the chief of police, director of public works, or director of utilities determines that =~i ~LLL~ie~ traffic congestion or conflict is likely to result from construction or maintenance work, the holding of public or private assemblages, gatherings or functions Lime =u~h L~of&~y mlN~ ba~iuad~m mh&ll ~’eL’,’~&i~..... or for the movement of equipment, articles, or structures of unusual size interfering with normal flow of traffic, those officials shall.have power and authority to restrict the operation, parking or standing of vehicles at the particular streets, alleys, or public parking facilities (and for the duration) determined to be necessary or desirable to avoid such traffic congestion or conflict. No person shall operate, park, or leave standing any vehicle in violation of such restrictions where temporary signs, devices or barricades are erected or posted indicating that the operation, parking or standing of vehicles is restricted. (b) Whenever the director of public works determines that parking or standing of vehicles on any city street, alley, or public parking facility should be prohibited or restricted for the purpose of street sweeping, no Vehicle shall be parked or allowed to stand on any portion of the street, alley, or public parking facility in violation of signs posted therefor, and removal of vehicles parked in violation of such signs is authorized; (c) When signs, devices or barricades 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. Whenever signs are erected or placed at least 24 hours in advance of the prohibition against parking or standing and those signs warn that removal is authorized for violation of the prohibition, the chief of police is authorized to remove vehicles parking or standing in violation of 990303 syn 0043628 19 the prohibition. Whenever a vehicle is ~removed pursuant to this section and is stored as permitted by the California Vehicle Code, the chief of police shall comply with the requirements of Section 22852 of the California Vehicle Code relating to post-storage notice and hearing for registered owners and legal owners of record. 10.44.060 Parking vehicles, held for commercial sale or repair. It is unlawful for any person who~ deals in or whose business involves the sale, trade, shipment or other disposition, ~epossession or repair of new or used vehicles to park or leave~ standing on one or more streets, alleys, or public parking facilities any vehicle heid for sale, trade, repossession, repair, shipment or other disposition for more than th~’~ two hours in the aggregate during any one day. If two or more such vehicles are~in the possession or custody of such person, the th~e two-hour aggregate period shall commence ~when the first vehicle is Xeft standing upon any street, alley or public parking facility and shall include and apply to all other such vehicles, whether parked at the same time or at a later time, or at the same or different location on any city street, alley or public parking facility. 10.44.070 Parking on city property. (a) Whenever the city manager determines that the. orderly, efficient conduct of the city’s business requires that parking or standing of vehicles on city property owned or controlled by the city other than city,streets or alleys should be prohibited, limited or restricted, the city manager shall have the power and authority to order signs to be erected or posted or curb markings to be placed indicating that the parking of vehicles is thus prohibited, limited or restricted. (b) When .signs or curb .markings authorized by the provisions of this section are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs or curb markings. 10.44.080 Vehicles not to obstruct streets, luts, alleys, or public parking facilities. No person shall operate or stand or park any vehicle on any street, o~ i~ =n~ p&~ki~ lot alley, or any public parking facility owned or controlled by the city in such a manner as to obstruct the free use of such street ur--p~r~-f~, alley, or any public parking facility. 10.44.090 Requiring ignitions locked and keys removed from motor vehicles. No person driving or in charge of a motor vehicle, except a commercial motor vehicle, shall allow it to stand unattended on 990303 syn 0043628 20 any highway, public street, or any other public place, or on a parking ~o~cfacility open to the public use, without first stopping the engine, locking the ignition and removing the ignition key from the vehicle.~i ~n~~ uth=~ b~a~’i~ l~, ~y Civil =uLio~.The registered owner of a vehicle found in violation of this ’section shall be held prima facie responsible for any such vehicle. .Violation of this section shall not mitigate the offense of theft of such motor vehicle. SECTION 6. The Council finds that the provisions of this ordinance do not constitute a project under the California Environ- mental Quality Act because it can be seen with certainty that no significant environmental impact will occur as a result of the ordinance. SECTION 7.This ordinance shall become effective upon the commencement of the thirty-first day after the day of-its adoption. " INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM’: City Attorney Mayor City Manager Police Chief Director of Planning and Community Environment 990303 syn 0043628 21