Chapter 13.34
OVERSIZED VEHICLE PARKING REGULATIONS

Sections:

13.34.010    Prohibition of parking of oversized vehicles.

13.34.020    Exemptions to prohibition on parking of oversized vehicles.

13.34.030    Temporary overnight parking permits for oversized vehicles.

13.34.040    Restrictions on temporary parking permit.

13.34.050    Violations and penalties.

13.34.010 Prohibition of parking of oversized vehicles.

A. Except as provided in BGMC 13.34.020 or otherwise expressly provided to the contrary herein, no person shall park, stop, or leave standing on any public street, park road, alley or right-of-way in the city any oversized vehicle between the hours of 2:00 a.m. and 5:00 a.m.

B. For purposes of this chapter, “oversized vehicle” shall be defined as any vehicle, whether motorized or nonmotorized, that exceeds 20 feet in length, or 80 inches in width or 80 inches in height. Any extension caused by any mirror or any accessory attached to such vehicle such as trailer, cabin, mount, or other structure attached to the vehicle shall be considered part of the measured length, width, or height. (Ord. 888 § 2, 2018).

13.34.020 Exemptions to prohibition on parking of oversized vehicles.

The provisions of BGMC 13.34.010 shall not apply to any of the following:

A. Emergency stopping, standing or parking of an oversized vehicle when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

B. A vehicle displaying a valid temporary parking permit issued by the city pursuant to BGMC 13.34.030.

C. A person who is making emergency repairs to an oversized vehicle. (Ord. 888 § 2, 2018).

13.34.030 Temporary overnight parking permits for oversized vehicles.

A. The city manager or his duly authorized representative shall have the authority to adopt procedural rules and regulations governing the permit process, and to issue a temporary parking permit for the parking of oversized vehicles on a public street in the city during the prohibited hours set forth in this chapter. Temporary overnight parking permits for oversized vehicles may be issued for either three- or seven-day periods. The city manager or his duly authorized representative shall issue a temporary parking permit at no cost, provided all of the following conditions are met:

1. The permit is obtained by the registered owner of the oversized vehicle. Proof of oversized vehicle registration shall be demonstrated in a manner determined by the city manager.

2. The permit shall state the address of the property associated with the oversized vehicle permit along with the property owner’s signature. The permit shall only be valid within the same block as the address identified in the permit, on either side of the street.

3. Not more than six three-day permits and six seven-day permits shall be issued for any specific oversized vehicle within a calendar year. Permits may not be issued for consecutive periods, and there must be a minimum of 48 consecutive hours between the issuance of permits for a specific oversized vehicle.

4. The oversized vehicle shall not be used for overnight camping, lodging, residing in, or any use for accommodation purposes.

5. The oversized vehicle shall not visibly block or obscure any existing safety or traffic control device and shall otherwise meet all other parking requirements for the street upon which it is parked.

6. The city manager or his or her designee determines that the parking of the oversized vehicle would not create a public safety hazard. Such a determination may be made based on factors, including, without limitation, the size of the oversized vehicle, the configuration of the street or the location of any nearby trees, improvements or structures.

B. Temporary overnight parking permits for oversized vehicles shall be displayed on the vehicle’s dashboard or such other location and positioned in a manner allowing the temporary permit information to be visible. Vehicles with temporary permits that are not visible are subject to citation for violation of this chapter. (Ord. 888 § 2, 2018).

13.34.040 Restrictions on temporary parking permit.

A. It is unlawful for any person to whom a permit is issued pursuant to BGMC 13.34.030 to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration.

B. It is unlawful for any person to borrow, buy or otherwise acquire for value or use or display any parking permit, except as provided for in BGMC 13.34.030.

C. Each permit issued pursuant to BGMC 13.34.030 shall be subject to all of the conditions and restrictions set forth in BGMC 13.34.030. The issuance of such permit shall not be construed to be a permit for or approval of any violation of any provision of this code or any other law or regulation. (Ord. 888 § 2, 2018).

13.34.050 Violations and penalties.

A. Any person violating any of the provisions of this chapter shall be deemed to be guilty of an infraction and shall be punished as follows:

1. First Violation. Upon the first violation of this chapter within a 12-month period, a violator shall be subject to a fine in the amount of $50.00. If an individual cannot be located, the written notice of violation shall be placed on the offending oversized vehicle.

2. Second Violation. If a second violation of this chapter occurs within a 12-month period, a violator shall be subject to a fine in the amount of $100.00.

3. Third Violation. If a third violation or any subsequent violation after the third violation of this chapter occurs within a 12-month period, a violator shall be subject to a fine in the amount of $200.00 for each incident and the oversized vehicle may be towed and impounded at the owner’s expense.

B. Nothing in this chapter shall prevent the city attorney or city prosecutor from prosecuting a violation of this chapter under Chapter 1.12 BGMC.

C. Each person violating any provision of this chapter shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

D. Public Nuisance. In addition to the penalties provided by this chapter, any condition or activity caused or permitted to exist in violation of any provision, restriction, or requirement of this chapter or any notice, order, or permit issued pursuant to this chapter shall be deemed a public nuisance and may be summarily abated by the city by any and all means (civil, administrative, and/or equitable) as provided by law or in equity. (Ord. 888 § 2, 2018).