CHAPTER 12.
OPERATION AND MAINTENANCE OF OFF-STREET PARKING FACILITIES
Sections:
6-12.01 Enclosing Off-Street Parking when Businesses are Closed
6-12.05 Violation: Public Nuisance
6-12.01 Enclosing Off –Street Parking when Businesses are Closed.
It is a violation of this Code for any person, as defined herein, to establish, operate or maintain, or cause to be established, operated or maintained, any private or public off-street parking facility, as defined herein, in the area identified in Section 6-12.03 below, unless the off-street parking facility conforms to all of the following provisions:
(a) Each opening to the off-street parking facility used for the ingress or egress of motor vehicles shall be secured by a chain or other approved barricade and a substantial padlock or other approved locking device within one hour after the close of all of the businesses which are served by the off-street parking facility, and shall remain secured until one hour prior to the opening of a business which is served by the off-street parking facility;
(b) Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through, or be securely attached to, substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen inches (18") nor more than thirty-six inches (36") above the ground level;
(c) If an alternate type of barricade is installed, it shall be situated in such a manner as to prevent the ingress and egress of vehicles. Such barriers shall include, but are not limited to, “hole and post” construction, metal gates, and swinging metal bars;
(d) The perimeter of the off-street parking facility shall also be secured in such a fashion as to prohibit motor vehicles from gaining access thereto. However, pedestrian access points in compliance with the Americans with Disabilities Act (ADA) shall be retained at convenient access points;
(e) The owner of an off-street parking facility may extend the operating hours of the facility to permit use by a nearby business (subletting business), provided the owner has secured a conditional use permit from the Emeryville Planning Commission to operate and maintain a commercial parking use, and has entered into a valid, written contract for use of the off-street parking facility after the owner’ s closing hours. Such contracts shall require the subletting business to secure the parking lot within one hour after the close of the subletting business. All such contracts between the owner of an off-street parking facility and a subletting business shall be filed with the Traffic Detail of the Emeryville Police Department, 2449 Powell Street, Emeryville, CA 94608. Owners of the off-street parking facility shall post and maintain clearly visible and legible signs stating the name(s) of the subletting businesses authorized to use the off-street parking facility.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
6-12.02 Definitions.
Unless the context otherwise clearly indicates, the words and phrases used in this chapter shall be defined as follows:
(a) “Person” shall mean any individual, firm, general or limited partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, company, limited liability company, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
(b) “Off-street parking facility” shall mean an area on a parcel of real property or within a building, or both, which includes five (5) or more spaces for the parking of motor vehicles together with driveways, aisles, turning and maneuvering areas, clearances, and similar features. The term shall include parking lots, parking garages and parking structures.
(c) “Motor vehicle” shall have the same meaning as provided in Section 415 of the California Vehicle Code, as may be amended.
(d) “Vehicle” shall have the same meaning as provided in Section 670 of the California Vehicle Code, as may be amended.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
6-12.03 Affected Area.
The provisions and requirements of this chapter shall apply to all off-street parking facilities located within the City of Emeryville which: (i) have points of ingress and/or egress from and/or to Shellmound Street along the west side thereof, south of Shellmound Way; or (ii) have points of ingress and/or egress from and/or to Shellmound Way; or (iii) have points of ingress and/or egress from and/or to Christie Avenue between Shellmound Street and 591h Street; or (iv) have points of ingress and/or egress from and/or to Powell Street between Christie Avenue and the Interstate 80 freeway.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)
6-12.04 Violations: Penalties.
Any person violating or failing to comply with any provision of this chapter shall be subject to administrative citation as provided in Chapter 7 of Title 1.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)
6-12.05 Violation: Public Nuisance.
Violations of this chapter shall also be deemed a public nuisance pursuant to Chapter 11 of Title 6 of this Code, and may be abated in accordance with the provisions of said chapter.
(Sec. 2 (part), Ord. 03-006, eff. Jan. 19, 2003)