The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section:

Generally. Whenever any words or phrases used in this chapter are not defined in this section, but are now defined in the State Vehicle Code, such definitions are incorporated in this section and shall be deemed to apply to such words and phrases used in this section as though set forth in this section in full.

“Bus” shall mean any motorbus, motor coach, trackless coach, or passenger stage used as a common carrier of passengers.

“Central traffic district” means Monterey Street between Second Street and Eighth Street.

“Cruising” is defined as the repetitive driving of a motor vehicle past a traffic control point designated by a peace officer, under conditions in which traffic is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, three or more times within a two-hour period, after having driven past said control point twice within the same period and having been given adequate written notice during or after the first or second passing that passing the control point a third time under the conditions stated herein shall constitute a violation of section 15.15.

“Holiday” means any day designated as such in sections 6700 to 6707 of the Government Code of the state; provided, however, that Saturday afternoon shall not be considered a holiday for the purpose of this chapter.

“Loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Official Time Standard. Whenever certain hours are named in this chapter, they shall mean standard time or daylight saving time as may be in current use in the city.

“Official traffic-control devices” means all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

“Official traffic signals” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.

“Park” means to stand or leave standing any vehicle, whether occupied or not, otherwise engaged in loading or unloading passengers or materials.

“Parkway” means that portion of a street other than a roadway or a sidewalk.

“Passenger loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

“Police officer” means every officer of the city police department.

“School zone” means all street sections directly adjacent to, and extending five hundred (500) feet beyond, the boundaries of a public or private school providing instruction in kindergarten and/or grades one (1) through twelve (12), or any grades included therein.

“Stop,” when required, means complete cessation of movement.

“Stop or stand,” when prohibited, 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.

“Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street for purposes of travel. (Ord. No. 480, §§ 15, 57; Ord. No. 93-19, § 1, 9-7-93; Ord. No. 2012-11, §§ 1, 2, 8-6-12)

State law references—Definitions, Veh. C.A., §§ 100—676.

15.2 Driving between vehicles in funeral procession.

No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated. (Ord. No. 480, § 33)

State law references—Authority to regulate processions, Veh. C.A 21100.

15.3 Animal-drawn vehicles.

No person shall drive any animal-drawn vehicle into or within the central traffic district. (Ord. No. 480, § 65; Ord. No. 941, § 3, 11-15-71)

15.4 Persons riding bicycles, skates, etc., attaching themselves to moving vehicles.

Any person riding upon any bicycle, motorcycle, coaster, roller skates or any toy vehicle shall not attach the same or himself to any moving vehicle upon any roadway. (Ord. No. 480, § 34)

State law references—Riding on vehicles on prohibited portions of vehicle, Veh. C.A., § 21712.

15.5 Driving within sidewalk area or parkway.

The driver of a vehicle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway. (Ord. No. 480, § 35)

State law references—Stopping, standing or parking on sidewalks, Veh. C.A., § 22500; pedestrian’s right of way on sidewalks, Veh. C.A., § 21952.

15.6 Driving, etc., vehicle or animals over freshly painted markings.

No person shall ride or drive any animals or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking when a sign is in place stating that the street or any portion thereof is closed. (Ord. No. 480, § 36)

15.7 Reserved.

Editor’s note: Repealed by Ord. No. 941, § 1, 11-15-71.

15.8 Human habitation of motor vehicles—Prohibited.

(a) No motor vehicle shall be connected to utilities or used for the purpose of human habitation within the city except for the same to be located and maintained within a trailer or recreational vehicle park as provided in the city’s zoning ordinance.

(b) For purposes of this section, “motor vehicle” shall mean a motor vehicle as defined by the California Vehicle Code section 415, and shall also include recreational vehicles as defined by the California Vehicle Code sections 242, 243, 643, 415(b) and Health and Safety Code section 18010(a), which includes any travel trailer, camper, motor home or trailer, or any camper shell or boat.

(c) For purpose of this section, “human habitation” means the use of a motor vehicle for living, cooking or sleeping purposes or as a dwelling place.

(d) This section shall not apply to motor vehicles that are located and maintained within a permitted trailer or recreational vehicle park as provided in the city’s zoning ordinance.

(e) This section shall not apply to motor vehicles parked for temporary visitation purposes for a period not to exceed seventy-two (72) consecutive hours and not for more than one (1) occasion during any thirty-day period. Said motor vehicles shall not exceed eighteen (18) feet in length, shall be parked entirely on residential private property, shall be fully contained and must not require any electrical or plumbing hookups to the residential structure.

(f) In the event that any motor vehicle is placed on, located or allowed to stand in any place in the city in violation of the provisions of this section, or is used for any purpose in violation of this section, a city police officer shall give the motor vehicle owner written notice of the violation and that if the illegal use of the motor vehicle is not corrected within seventy-two (72) hours, that the city police officer may impound each motor vehicle and cause the same to be taken to an approved storage facility or impound area. The expense of towing such motor vehicle to such facility or impound area and the storage of same, as herein provided, shall be paid by the person or persons owning and/or operating such motor vehicle prior to its release.

(g) Any person, persons, firm or corporation violating any provisions of this section, is guilty of a misdemeanor. (Ord. No. 99-16, § I, 9-20-99; Ord. No. 2005-01, § I, 1-18-05)

15.9 Reserved.

Editor’s note: Repealed by Ord. No. 941, § 1, 11-15-71.

15.10 Reserved.

Editor’s note: Ord. No. 98-7, § 1, adopted April 20, 1998, repealed former § 15.10 in its entirety which pertained to the prohibition of U-turns on Monterey Street and derived from Ord. No. 480, § 27; Ord. No. 529, § 1; Ord. No. 667, §§ 1, 2.

15.11 Speed limits—On designated streets.

Upon recommendation of the city engineer or chief of police, and when based on an engineering and traffic survey, the council may by resolution determine and declare speed limits for designated streets different from those otherwise applicable under Vehicle Code sections 22349 and 22352. Each special speed limit shall be effective, and no person shall operate a vehicle in excess thereof, when appropriate signs designating the applicable speed are erected and maintained upon each street or portion thereof where each special speed limit is applicable. (Ord. No. 512, §§ 1, 2; Ord. No. 810, § 1, 11-20-67; Ord. No. 75-10, 6-16-75; Ord. No. 78-15, § 1, 5-15-78)

15.12 Same—Signs to be erected.

The city administrator is hereby directed to cause the signs described in the preceding section to be placed and erected in accordance with the provisions of section 15.11. (Ord. No. 512, § 3)

15.13 Boarding or alighting from moving vehicles.

No person shall board or alight from any vehicle when such vehicle is in motion. (Ord. No. 480, § 67)

15.14 No-cruising zones.

No-cruising zones in the city shall be established from time to time by a resolution of the city council. (Ord. No. 93-19, § II, 9-7-93)

15.15 Cruising prohibited.

Cruising in no-cruising zones designated pursuant to section 15.14 shall constitute an infraction. Every person convicted of an infraction shall be punished as follows:

(a) For a first infraction, by a fine not exceeding one hundred dollars ($100.00).

(b) For a second infraction occurring within one (1) year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200.00).

(c) For a third or any subsequent infraction occurring within one (1) year of two (2) or more prior infractions which resulted in a conviction, a fine not exceeding two hundred fifty dollars ($250.00).

Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three (3) or more violations of this ordinance [sections 15.14—15.16] within the twelve-month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Every person convicted of a misdemeanor shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for not exceeding six (6) months, or by both such fine and imprisonment. (Ord. No. 93-19, § II, 9-7-93)

15.16 Exclusions.

Section 15.15 shall not apply to the following vehicles: emergency vehicles on patrol, taxicabs for hire, and other business vehicles being driven solely for business purposes. (Ord. No. 93-19, § II, 9-7-93)

15.17—15.19 Repealed by Ord. No. 914, § 1, 11-15-71.

ARTICLE II. ENFORCEMENT OF TRAFFIC LAWS²

15.20 Duty of police department.

It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city. (Ord. No. 480, § 16)

15.21—15.23 Repealed by Ord. No. 941, § 1, 11-15-71.

15.24 Reserved.

Editor’s note: Ord. No. 77-15, § 1, adopted April 18, 1977, specifically amended the Code by repealing § 15.24, which provided that violation of traffic regulations be a misdemeanor. Said section had been derived from Ord. No. 480, § 17.

15.25—15.29 Repealed by Ord. No. 941, § 1, 11-15-71.

ARTICLE III. TRAFFIC-CONTROL DEVICES GENERALLY³

15.30 Authority to install.

The city administrator shall have the exclusive power and duty to place and maintain or cause to be placed and maintained official traffic-control devices when and as required by this Code or by any regulation prescribed by the city council to make effective the provisions of such Code or regulations. Whenever the state Vehicle Code requires for the effectiveness of any provisions thereof that traffic-control devices be installed to give notice to the public of the application of such law, the city administrator is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. (Ord. No. 480, § 26)

State law references—Authority of cities to regulate traffic by means of traffic-control devices, Veh. C. A., §§ 21100(d), 21351.

15.31 Same—Upon discretion of city administrator.

The city administrator may also place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in this Code or as may be determined by resolution of the city council. (Ord. No. 480, § 26)

15.32 Signs to be in place and legible, etc., prior to enforcement of laws.

No provision of the state Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place, sufficiently legible to be seen by an ordinarily observant person, and give notice of such provisions of the traffic laws. (Ord. No. 480, § 23)

State law references—Requirement of signs to make traffic ordinance effective, Veh. C. A., § 21103.

15.33—15.34 Repealed by Ord. No. 941, § 1, 11-15-71.

15.35 Repealed by Ord. No. 812, § 1, November 20, 1967.

15.36 Omitted.

15.37 Repealed by Ord. No. 941, § 1, 11-15-71.

15.38 Repealed by Ord. No. 1024, § 1, 10-29-74.

ARTICLE IV. STOP AND YIELD-RIGHT-OF-WAY INTERSECTIONS AND THROUGH STREETS

15.39 Repealed by Ord. No. 941, § 1, 11-15-71.

15.40 Stop signs; when and where required; compliance with state law.

Whenever this Code or any resolution prescribed by the city council designates and describes any street or portion thereof as a through street or any intersection at which vehicles are required to stop at one or more entrances thereto, the city administrator shall erect and maintain stop signs as follows:

A stop sign shall be erected on each and every street at its intersection with such through street or portion thereof so designated and at those entrances to other intersections where a stop is required. Every such sign shall conform with and shall be placed as provided in sections 21400 and 21401 of the State Vehicle Code. (Ord. No. 480, § 30; Ord. No. 554, § 1; Ord. No. 941, § 4, 11-15-71; Ord. No. 84-13, § 1, 8-6-84)

State law references—City’s authority over stop signs, Veh. C. A., §§ 21103, 21354, 21355.

15.41 Repealed by Ord. No. 941, § 1, 11-15-71.

15.42 Through streets—Stop signs to be erected at intersections.

The city administrator is hereby directed to cause to be erected and put in place stop signs at the street intersections described in section 15.43 in accordance with section 15.30. (Ord. No. 480, § 70; Ord. No. 527, § 3)

15.43 Same—Designation.

Through streets in the city shall be established by resolution of the city council. (Ord. No. 480, § 70; Ord. No. 527, § 2; Ord. No. 612, § 1; Ord. No. 692, § 2; Ord. No. 909, § 1, 2-16-71; Ord. No. 960, § 1, 6-5-72; Ord. No. 989, § 1, 7-2-73; Ord. No. 77-4, § 1, 2-7-77; Ord. No. 78-1, § 1, 1-3-78; Ord. No. 78-26, § 1, 8-7-78; Ord. No. 78-31, § 1, 10-16-78; Ord. No. 79-14, § 1, 6-18-79; Ord. No. 79-19, § 1, 8-6-79; Ord. No. 79-26, § 2, 10-1-79)

15.44 Repealed by Ord. No. 941, § 1, 11-15-71.

15.45 Yield-right-of-way signs—Authority for erection and maintenance by city administrator.

Whenever any section or resolution of the city designates and describes any intersection at which vehicles are required to yield the right-of-way at one or more entrances thereto in accordance with section 21803 of the State Vehicle Code, the city administrator shall erect and maintain yield-right-of-way signs subject to the provisions of this division.

Every such sign shall conform with and be placed as provided in section 21356 of the State Vehicle Code. (Ord. No. 537, § 1; Ord. No. 544, § 1)

State law references—Authority of cities to erect yield right-of-way signs, Veh. C. A., § 21356.

15.46—15.47 Repealed by Ord. No. 941, § 1, 11-15-71.

ARTICLE V. ONE-WAY STREETS

15.48 Placement, etc., of signs.

Whenever this Code or any regulation prescribed by the city council designates any one-way street or alley, the city administrator shall place and maintain signs giving notice thereof and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Ord. No. 480, § 29)

State law references—Authority of cities to designate particular highways as one-way, Veh. C. A., § 21101(a).

15.49 Designation and movement of one-way traffic.

Streets, roadways and alleys in the city upon which traffic shall move in only one direction shall be established by resolution of the city council. (Ord. No. 636, § 1; Ord. No. 751, § 1; Ord. No. 75-22, § 1, 11-17-75; Ord. No. 75-23, § 1, 12-15-75; Ord. No. 79-26, § 2, 10-1-79)

ARTICLE VI. STOPPING, STANDING AND PARKING⁴

DIVISION 1. GENERALLY

15.50 Application of article.

The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times specified in this Code, except 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 other official traffic-control device. (Ord. No. 480, § 41)

15.51 Scope of article.

The provisions of this article 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 State Vehicle Code or this Code, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. No. 480, § 41)

15.52 In parkways.

No person shall stop, stand or park a vehicle within any parkway. (Ord. No. 480, § 42)

15.53 Restrictions on displaying vehicles for sale and on repairing vehicles parked on city streets.

(a) It is unlawful for any person to park a vehicle upon any street or the right-of-way of any street within the city in any area classified according to the Gilroy zoning ordinance with the zoning designations M1, M2 (Industrial), PO (Professional Office), C1 (Neighborhood Commercial), C2 (Central Commercial), C3 (Shopping Center Commercial) or CM (Commercial Industrial), or upon any arterial or expressway, or the right-of-way of any arterial or expressway, within the city as identified in the city general plan, for the purpose of displaying such vehicle for sale.

(b) It is unlawful for any person to grease, maintain, or repair a vehicle while such vehicle is parked on any city street, except when such repair is necessitated by an emergency.

(c) The provisions of the California Vehicle Code governing removal of vehicles parking for the primary purpose of sale may be applied in enforcing this section. (Ord. No. 480, § 44; Ord. No. 94-13, § 2, 7-18-94; Ord. No. 99-19, § II, 9-20-99; Ord. No. 99-19, §§ I, II, 9-20-99; Ord. No. 99-20, §§ I, II, 10-4-99)

15.54 On one-way roadways.

In the event a highway includes two (2) 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 signs are in place permitting such standing or parking. (Ord. No. 480, § 45)

State law references—Power of local authorities to permit left-hand parking on one-way roadways, Veh. C. A., § 225.03.

15.55 Parking or placing of other than operable vehicles on streets; prohibited.

(a) It shall be unlawful to park any vehicle, other than a motor vehicle in operating condition, or to place, locate or leave any other article or object on a public street, highway or alley in the city.

(b) Parking of trailers, semitrailers, auxiliary dollies, trailer coaches and other such vehicles shall be permitted only while such vehicle is attached to a motor vehicle suitable for drawing it upon the highway. (Ord. No. 75-1, § 1, 3-3-75; Ord. No. 90-1, § 1, 2-20-90)

15.56 Angle parking—Prohibited.

There shall be no angle parking of any vehicle upon any of the streets of the city, except as provided in section 15.57. (Ord. No. 480, § 46; Ord. No. 592, § 1; Ord. No. 623, § 1; Ord. No. 1028, § 1, 12-2-74)

State law references—Authority to permit angle parking, Veh. C. A., § 22503.

15.57 Same—Permitted exceptions.

Parking of vehicles at an angle to the line of the curb may be established on any street of the city by resolution of the city council. When appropriate signs or markings are in place giving notice thereof, it shall be unlawful to park a vehicle other than entirely within a space so marked and designated. (Ord. No. 480, § 46; Ord. No. 592, § 2; Ord. No. 623, § 2; Ord. No. 1028, § 1, 12-2-74; Ord. No. 75-20, § 2, 11-3-75; Ord. No. 78-11, § 1, 3-20-78)

15.58 No parking—Dependent upon width of roadway.

The city administrator is hereby authorized to place signs or markings indicating no parking upon any street or alley when the width of the roadway does not exceed twenty (20) feet or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet. (Ord. No. 480, § 47)

State law references—Prohibition against parking in specified places, Veh. C. A., § 22500.

15.59 Same—Signs, etc., not to be violated.

When official signs or markings prohibiting parking are erected upon narrow streets as authorized by the preceding section, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Ord. No. 480, § 47)

15.60 Designation of no stopping, standing or parking areas.

The city administrator shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any such places:

(1) At any place within five (5) feet of an intersection in the central traffic district or in any business district except on the approach to a traffic signal, boulevard stop sign or official electric flashing device at the intersection; provided, however, that a bus may stop at a designated bus stop.

(2) At any place where the city administrator determines that it is necessary in order to eliminate unusual traffic hazard.

(3) On any residential street whenever the city administrator determines it necessary due to an unusual influx of non-resident vehicles on a regular basis; provided that appropriate permits may be issued by the police department to residents to park in front of their own residences upon payment of a permit fee as fixed by council resolution. (Ord. No. 480, § 48; Ord. No. 90-11, § 1, 5-21-90)

15.60-1 Parking within designated spaces.

The city administrator is hereby authorized to establish and designate by marking with white lines such parking spaces on public streets and highways in the city as he shall deem necessary. In an area where parking spaces are so designated, it shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle other than in a regularly designated parking or loading space, across any such line or marking or in such a position that such vehicle shall not be entirely within the space so designated as a parking space.

If the overall length of a vehicle or vehicle with trailer attached exceeds the length of a single marked space, it shall be lawful to park such vehicle or vehicle and trailer entirely within such adjoining marked spaces parallel to the curb as are necessary to accommodate such overall length. (Ord. No. 944, § 1, 12-6-71)

15.61 Vendor’s wagons, vehicles—Parking and standing prohibited.

No person shall stand or park any vehicle, wagon or pushcart from which goods, wares or foodstuffs are sold on any portion of any street within this city, except at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at any one place or at a high school with a Chapter 16A permit. (Ord. No. 480, § 49; Ord. No. 91-6, § 1, 3-4-91)

15.62 Oversized vehicles and special mobile equipment— Parking prohibited.

(a) It shall be unlawful for any person to park an oversized vehicle or special mobile equipment on any public or private street, public off-street parking lot, or any other public property, except for a maximum of forty-eight (48) consecutive hours for loading, unloading, cleaning, and routine maintenance and repair, or in conjunction with a permitted construction project. The forty-eight (48) hour exception period shall not occur more than once in any fourteen (14) day period.

(b) For the purpose of this section, the term “oversized vehicle” shall mean any vehicle or combination of vehicles that exceeds twenty-two (22) feet in length, or seven (7) feet in height (including any load or accessory thereon), or seven (7) feet in width, exclusive of any projecting lights or devices allowed by the provisions of the California Vehicle Code.

(c) For the purpose of this section, the term “special mobile equipment” shall include, but is not limited to, ditch-digging apparatus, asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels, draglines, self-propelled cranes and earth-moving vehicles.

(d) Oversized vehicles or special mobile equipment found in violation of this section may be cited by any sworn peace officer or any regularly employed and salaried city employee who is engaged in directing traffic or enforcing parking laws and regulations. The provisions of the California Vehicle Code governing liability for vehicles cited shall be applicable in determining responsibility for such citation. (Ord. No. 99-16, § II, 9-20-99)

15.63 Vehicles for hire not to park or stand without permit.

No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of people or property for hire on any street while awaiting patronage, without first obtaining a written permit to do so from the city administrator which shall designate the specific location where such vehicle may stand. (Ord. No. 480, § 49; Ord. No. 82-18, § 1, 8-2-82; Ord. No. 91-6, § 4, 3-4-91)

15.64 Compliance with permits granted in accordance with section 15.63; revocation.

Whenever any permit is granted under the provisions of section 15.63 and a particular location to park or stand is specified therein, no person shall park or stand any vehicle for hire on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of violating the provisions of section 15.63 such permit shall be forthwith revoked by the city administrator and no permit shall thereafter be issued to such person until six (6) months has elapsed from the date of such revocation. (Ord. No. 480, § 49; Ord. No. 91-6, § 5, 3-4-91)

15.65 Emergency temporary parking signs—Use.

Whenever the city administrator shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions or for other reasons, the city administrator shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles if prohibited on such streets and alleys as the city administrator shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the city administrator shall cause such signs to be removed promptly thereafter. (Ord. No. 480, § 50)

15.66 Same—Not to be violated.

When signs authorized by the provisions of the preceding 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. (Ord. No. 480, § 50)

15.67 Parking for more than seventy-two hours prohibited.

No person who owns or has possession, custody and control of any vehicle shall park such vehicle upon any street or alley for more than a period of seventy-two (72) consecutive hours.

In the event a vehicle is parked or left standing upon a street in excess of seventy-two (72) consecutive hours, it may be considered abandoned and any member of the police department authorized by the chief of police may remove such vehicle from the street in the manner and subject to the requirements of the California Vehicle Code. (Ord. No. 480, §§ 43, 72; Ord. No. 543, §§ 1, 3; Ord. No. 580, §§ 1, 2; Ord. No. 620, § 1; Ord. No. 702, § 1; Ord. No. 1017, § 1, 6-17-74; Ord. No. 90-1, § 2, 2-20-90; Ord. No. 96-2, § 1, 2-20-96)

15.68 Parking commercial vehicles over ten thousand pounds in residential areas prohibited.

No person shall park or stand on any street, or portion thereof, in a residential district any commercial vehicle having a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more. (Ord. No. 89-18, § 1, 11-6-89)

Editor’s note: Former § 15.68 was repealed by Ord. No. 75-20, § 1, adopted November 3, 1975.

15.68-1 Tow-away zones.

Under the provisions of section 15.69, the city county may establish tow-away zones and the days and times when in affect. (Ord. No. 90-1, § 4, 2-20-90)

Editor’s note: Ord. No. 90-1, § 4, adopted February 20, 1990, amended the code by enacting a § 15.68. In order to avoid duplication of section numbers, the aforesaid has been redesignated as § 15.68-1.

15.69 Parking time limits; violation of appropriate signs, etc.

The limit of parking time, the days and hours during which parking time limits shall apply and the days and hours during which parking shall be prohibited on public streets, highways and alleys in the city shall be established by resolution of the city council. When appropriate signs or curb markings designating such parking time limits are in place giving notice thereof, it shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle on any public street, highway and alley in the city for longer than the permitted time or at a prohibited time. (Ord. No. 480, §§ 59, 60; Ord. No. 507, § 1; Ord. No. 513, § 1; Ord. No. 524, § 1; Ord. No. 586, § 1; Ord. No. 670, § 1; Ord. No. 687, §§ 1, 2; Ord. No. 712, § 1; Ord. No. 718, §§ 1, 2; Ord. No. 983, § 1, 10-4-71; Ord. No. 75-20, § 2, 11-3-75)

15.70 Same—Erection of appropriate signs.

The city administrator of the city is hereby directed to cause the signs described in section 15.69 to be placed and erected in accordance with the provisions of the preceding section. (Ord. No. 480, § 60; Ord. No. 513, § 1; Ord. No. 624, § 1; Ord. No. 586, § 3)

15.71 Repealed by Ord. No. 75-20, § 1, 11-3-75.

DIVISION 2. PUBLIC OFF-STREET PARKING LOTS⁵

15.72 Designation.

Public off-street parking lots are hereby established in the city. Such off-street parking lots are those areas so designated by resolution of the city council. (Ord. No. 562, § 1)

15.73 Method of regulation and control.

The method of regulation and control of parking or standing of vehicles in public off-street parking lots shall be determined by the city council and may be by meters, attendants, traffic officers, police officers or any other appropriate means. (Ord. No. 562, § 2)

15.74 Rates; hours of operation;⁶ rates prior to determination by city council; applicability.

Rates to be charged for parking in public off-street parking lots and the hours during which the rates will be effective shall be established by resolution of the city council and shall be designated by appropriate markings and signs. Until the rates to be charged, if any, are determined by the city council, no charge shall be made for parking in public off-street parking lots, but this section shall not affect or apply to penalties for the violation of this division or of any regulation prescribed by the city council for the use or control of off-street parking lots. (Ord. No. 562, § 3)

15.75 Parking time limits; violation of appropriate signs, etc.

The limit of parking time and the days and hours during which parking time limits shall apply on public off-street parking lots shall be established by resolution of the city council. When appropriate signs or markings designating such parking time limits are in place giving notice thereof, it shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle on any public off-street parking lot for longer than the permitted time. (Ord. No. 562, § 4)

15.76 Parking, etc., within designated spaces; within driveways.

Parking spaces on public off-street parking lots shall be designated by lines or other appropriate markings. When parking spaces are so designated, it shall be unlawful for the operator of any vehicle to stop, stand or park such vehicle other than in a regularly designated parking or loading space, across any such line or marking or in such position that such vehicle shall not be entirely within the space so designated as a parking space. No vehicle shall be parked, stopped nor shall stand neither wholly or partially in any driveway of any public off-street parking lot or in any manner which shall obstruct or interfere with the free movement of vehicles in such driveway or in any manner so as to obstruct or otherwise prevent or interfere with ingress to or egress from any regularly designated parking space. (Ord. No. 562, § 5)

15.77 Use of designated entrances.

It shall be unlawful for any person to enter any public off-street parking lot over any area or driveway or the portion between any curb returns which is not marked with the word “entrance” or otherwise indicated by arrows, signs or words that it is a driveway or place for the entering of such parking lot. (Ord. No. 562, § 6)

15.78 Use of designated exits.

It shall be unlawful for any person to move any vehicle from any parking lot into any public way over any area except an area marked with the word “exit” or otherwise indicated by arrows, signs or words that it is a driveway or place for the leaving of such parking lot. (Ord. No. 562, § 6)

15.79 Use of aisles.

It shall be unlawful for any person to travel in the direction opposite to that designated in one-way aisles. It shall be unlawful for any person to travel on the left side of an aisle designated for two-way traffic movement. (Ord. No. 562, § 7)

15.80 Reserved.

Editor’s note: Ord. No. 99-16, § III, adopted Sept. 20, 1999, repealed former section 15.80 in its entirety which pertained to maximum length of vehicles and derived from Ord. No. 562, § 8.

15.81 House or truck trailers prohibited.

It shall be unlawful for any person to stop, stand or park any house or truck trailer in any public off-street parking lot or to drive such trailer upon such lot. (Ord. No. 562, § 9)

15.82 Speed limit.

It shall be unlawful for any person to move any vehicle on any public off-street parking lot at a speed exceeding ten (10) miles per hour. (Ord. No. 562, § 10)

15.83 Power of police department as to violations.

For any violation of any provision of this division, the city police department is hereby empowered to issue notices to appear or citations in the usual form and manner as provided in the state Vehicle Code. (Ord. No. 562, § 11)

15.84 Vehicle removal by police department; notice to owners; liens; tow-away zones.

Subject to the provisions of Division 11, Chapter 10, commencing with section 22650, of the Vehicle Code, the city police department is hereby empowered to move or cause to be removed to the nearest garage or other place of safety or to a garage designated or maintained by the city:

(1) Any vehicle that is stopped, standing or parked on any public off-street parking lot in violation of section 15.76 to 15.79 or which is left on such public off-street parking lot continuously for a period exceeding twenty-four hours.

(2) Any vehicle left standing or parked in a tow-away zone and signs giving notice thereof have been posted. (Ord. No. 562, § 12; Ord. No. 90-1, § 3, 2-20-90)

15.85 Prima facie presumption against registered owners of cars found violating regulations.

In any prosecution charging a violation of any of the provisions of this division governing the stopping, standing or parking of a vehicle in any public off-street parking lot, proof that the particular vehicle described in the complaint was stopped, standing or parked in violation of any provision of this division, together with proof that defendant named in the complaint was at the time of such stopping, standing or parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such motor vehicle was the person who stopped, left standing or parked such motor vehicle at the point where and for the time during which such violation occurred. (Ord. No. 562, § 13)

State law references—Prima facie presumptions against registered owners of illegally parked cars, Veh. C.A., § 41102.

DIVISION 3. LOADING AND UNLOADING

15.86 Loading zones—Authority to determine and mark.

The city administrator is hereby authorized to determine and mark loading zones and passenger loading zones as follows:

(1) At any place in the central traffic district or any business district except that no loading zones shall be determined or marked in front of any place of business which has loading or unloading facilities through or by means of a rear entrance.

(2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. (Ord. No. 480, § 52)

15.87 Same—Not to exceed certain length.

In no event shall more than one-half (1/2) of the total curb length in any block be reserved for loading zone purposes. (Ord. No. 480, § 52)

15.88 Same—To be indicated by yellow paint line.

Loading zones shall be indicated by yellow paint lines upon the top and side of the curb or upon the pavement if there is no curb. (Ord. No. 480, § 52; Ord. No. 702, § 2)

15.89 Same—Passenger loading zones to be indicated by white line.

Passenger loading zones shall be indicated by a white line upon the top and side of all curbs within such zones. (Ord. No. 480, § 52)

15.90 Curb markings—Authority; meaning.

The city administrator is authorized, subject to the provisions and limitations of this chapter, to place and when required by this chapter or other ordinance of the city, shall place the following curb or pavement markings to indicate parking or standing regulations and such markings shall have the meanings as set forth:

Red: No stopping, standing or parking at any time except as permitted by the state vehicle code and except that a bus may stop in a red zone marked or signed as a bus zone.

Yellow: No stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers which shall consume less than three (3) minutes or the loading or unloading of materials which shall consume less than twenty (20) minutes.

White: No stopping, standing or parking for any purpose other than loading or unloading of passengers which shall not exceed three (3) minutes, such restrictions to apply between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, and except as follows:

(1) When such zone is in front of a hotel, the restrictions shall apply at all times.

(2) When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed.

Green: No standing or parking for longer than ten (10) minutes at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays.

Blue (in conjunction with a blue and white wheelchair and occupant sign): No stopping, standing or parking at any time by any vehicle which does not display a distinguishing license plate or placard issued under the vehicle code to a disabled person or disabled veteran. (Ord. No. 480, § 53; Ord. No. 702, § 3; Ord. No. 77-18, § 1, 6-6-77)

15.91 Same—Not to be violated.

When the city administrator as directed under this chapter has caused curb or pavement markings to be placed, no person shall stop or stand or park a vehicle adjacent to any such legible curb marking or within such legible pavement markings in violation of any of the provisions of the preceding section. (Ord. No. 480, § 53; Ord. No. 702, § 4)

15.92 Permission to load or unload materials.

Permission granted by this division 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 (20) minutes.

The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and the United States Mail.

Within the total time limits specified in this division 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. (Ord. No. 480, § 54)

15.93 Limitations on use of yellow loading zones.

Regardless of the restrictions and limitations regulating the use of yellow loading and unloading zones set forth in the preceding sections, where the owner or lessee of business property has no area on the property for parking facilities the owner or lessee may park a service or delivery vehicle within an alley loading zone between the hours of 7:00 a.m. and 6:00 p.m. for unlimited periods of time. The owner or lessee of the business property shall, nevertheless, be required to obtain a permit from the police department to park his service or delivery vehicle within such loading zone. Such permit parking shall be granted only after investigation of the premises and the establishment of a need for such vehicle. When such a parking permit has been granted the permit shall be attached to the vehicle in such a manner as to be in plain view of a traffic officer.

Yellow loading zones in alleys may also be used by vehicles of clients or business customers for the loading of purchases, subject to the time limit set forth in section 15.90. (Ord. No. 480, § 55; Ord. No. 702, § 5)

15.94 In alleys.

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley, but any such stopping, loading or parking shall be so done as not to block the alley or prevent the passage of other vehicles. (Ord. No. 480, § 56)

15.95 Bus zones—Authority to establish and determine locations.

The city administrator is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses of common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth in this division. (Ord. No. 480, § 57)

State law references—Authority of cities to regulate the location of bus stands, Veh. C., § 21112.

15.96 Same—Limitation on length.

No bus zone shall exceed eighty (80) feet in length, except when satisfactory evidence has been presented to the city administrator showing the necessity therefor, the city administrator may extend bus zones not to exceed a total length of one hundred twenty-five (125) feet. (Ord. No. 480, § 57)

15.97 Same—Normal locations.

Bus zones shall normally be established on the far side of an intersection. (Ord. No. 480, § 57)

15.98 Same—Markings on curbs, etc.

The city administrator shall paint a red line stencilled with white letters “NO STANDING,” together with the words “BUS ZONE” upon the top side of all curbs and places specified as a bus zone. (Ord. No. 480, § 57)

15.99 Same—Other vehicles prohibited from stopping, standing or parking.

No person shall stop, stand or park any vehicle except a bus in a bus zone. (Ord. No. 480, § 57)

15.99-1 School bus zones: Authority to establish and determine locations; other vehicles prohibited.

The city administrator is hereby authorized to establish school bus zones for the loading and unloading of school children along curb space adjacent to the boundaries of school owned property between the hours of 7:00 a.m. and 4:00 p.m. on days when school is in session. The city administrator shall determine the location thereof and shall post signs stating “SCHOOL BUS ZONE—NO PARKING BETWEEN 7:00 a.m. AND 4:00 p.m. ON SCHOOL DAYS.” When such signs are in place, no person shall stop or park any vehicle other than a school bus in such zones between 7:00 a.m. and 4:00 p.m. on school days. (Ord. No. 972, § 1, 12-18-72)

DIVISION 4. PARKING ON PRIVATE AND LOCAL AGENCY PROPERTY

15.99-2 When prohibited; signs.

It is unlawful for any person to park a motor vehicle upon any private or local agency property, or upon property used for private parking purposes, without the consent of the owner of such property, the person entitled to the possession thereof for the time being, or the authorized agent of either, provided that signs specifying conditions under which parking is permitted shall have been posted at all entrances to such property. Such signs shall be approved both as to wording and posting by the police department. (Ord. No. 76-2, § 1, 2-2-76)

15.99-3 Ticketing illegally parked vehicles.

Any sworn peace officer or any regularly employed and salaried city employee who is engaged in directing traffic or enforcing parking laws and regulations may issue a citation to any person who parked a motor vehicle in violation of section 15.99-2. The provisions of the California Vehicle Code governing liability for vehicles cited shall be applicable in determining responsibility for such citation. (Ord. No. 76-2, § 1, 2-2-76; Ord. No. 99-16, §§ IV, V, 9-20-99)

15.99-4 Removal of vehicle illegally parked.

Any regularly employed and salaried officer of the police department, the owner of any private or local agency property, or the person entitled to the possession thereof for the time being, or the authorized agent of either, may remove, or cause to be removed, any motor vehicle that has been parked or left standing on any private property, driveway, or private parking lot, or property used for private parking purposes, in violation of section 15.99-2. (Ord. No. 76-2, § 1, 2-2-76)

15.99-5 Removal to be to safe place.

Any person referred to in section 15.99-4 who removes any vehicle from any private or local agency property in the city is authorized to remove such vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the city. (Ord. No. 76-2, § 1, 2-2-76)

15.99-6 Liability for wrongful removal.

If a vehicle removed from such private or local agency property was rightfully there, the person or persons who complained of the presence of such vehicle or the person or persons other than members of the police department who caused such vehicle to be removed shall be liable for any and all charges for towage, and for caring for and keeping safe such vehicle. (Ord. No. 76-2, § 1, 2-2-76)

ARTICLE VII. TRUCK ROUTES

15.100 Authority to designate.

Whenever any section or resolution of the city council designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of ten thousand (10,000) pounds, the city administrator is hereby authorized to designate such street by appropriate signs as “Truck Traffic Routes” for the movement of vehicles exceeding a maximum gross weight limit of ten thousand (10,000) pounds. (Ord. No. 480, § 64; Ord. No. 86-19, § 53, 10-6-86)

State law references—Authority of cities to prohibit use of streets by commercial vehicles exceeding weight limits imposed by city, Veh. C., §§ 35701—35705.

15.101 Method of use; exception.

When truck traffic routes as described in the preceding section have been established and designated by appropriate signs, it shall be unlawful for any person to own, operate, stop or park any vehicle exceeding a maximum gross weight limit of ten thousand (10,000) pounds on any street not so designated.

In any prosecution under this section, a showing that such vehicle was parked at a location, whether there appears to be no access other than via a public roadway, shall constitute prima facie evidence that the vehicle was operated in violation of the proscriptions contained herein.

An exception shall be made to the foregoing paragraph if it is necessary for such a described vehicle to load or unload at a specific destination not located on a truck route, but then only if the deviation is from the nearest truck route by the shortest reasonable route, only between 7:00 a.m. and 10:00 p.m., the loading or unloading is accomplished in the shortest reasonable time, and the truck is not left unattended.

The provisions of this section shall not apply to passenger buses under the jurisdiction of the public utilities commission. (Ord. No. 480, § 64; Ord. No. 75-24, § 1, 12-15-75; Ord. No. 86-19, § 54, 10-6-86)

15.102 Repealed by Ord. No. 941, § 1, 11-15-71.

15.103 Order to erect signs.

The city administrator is hereby instructed and ordered to cause appropriate signs to be placed at the entrances and along the truck traffic route designating it as such. (Ord. No. 625, § 2)

ARTICLE VIII. PEDESTRIANS⁷

15.104 Crosswalks—Establishment and maintenance at designated locations.

The city administrator, with approval of the city council, is authorized to establish, designate and maintain crosswalks at intersections and other places by appropriate markings upon streets, roadways and alleys in the city. (Ord. No. 480, § 37; Ord. No. 79-26, § 2, 10-1-79)

State law references—Establishment of crosswalks by cities, Veh. C.A., §§ 21106, 21109.

15.105 Reserved.

Editor’s note: Section 15.105, authorizing the city administrator to designate crosswalks, derived from Ord. No. 480, § 37, was repealed by § 1 of Ord. No. 79-26, adopted Oct. 1, 1979. This authority is now granted in § 15.104.

15.106 Same—Painting of stop bars.

A stop bar or limit line shall be painted in accordance with specifications published by the State of California, Department of Transportation, at all locations where stop signs are installed and where no crosswalks are painted. (Ord. No. 480, § 37; Ord. No. 79-26, § 2, 10-1-79; Ord. No. 84-13, § 1, 8-6-84)

15.107 Repealed by Ord. No. 941, § 1, 11-15-71.

15.108 Crossing roadways—Only at crosswalks in business districts.⁸

No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or in any business district or in any school zone that is posted with a SCHOOL sign and a NO CROSSING sign. (Ord. No. 480, § 38; Ord. No. 2012-11, § 3, 8-6-12)

15.109 Same—Shortest route to be taken across.

No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. (Ord. No. 480, § 39)

15.110 Standing in roadways, etc.⁹

No person shall stand in any roadway or in a crosswalk if such action interferes with the lawful movement of traffic. This section shall not apply to any public officer or public employee or employee of a public utility when necessarily upon a street in line of duty. (Ord. No. 480, § 40)

ARTICLE IX. ABANDONED, WRECKED MOTOR VEHICLES

15.111 Declaration of public nuisance.

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article. (Ord. No. 816, § 2, 4-1-68)

15.112 Definitions.

As used in this article:

(a) The term “vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

(b) The term “highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

(d) The term “owner of the land” means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

(e) The term “owner of the vehicle” means the last registered owner and legal owner of record. (Ord. No. 816, § 2, 4-1-68; Ord. No. 986, § 1, 7-2-73)

15.113 Storage of abandoned, wrecked, dismantled or inoperative vehicles on private property prohibited.

No person shall park, store, leave or permit the parking, storing, or leaving of any vehicle or part thereof which is in a wrecked, dismantled, inoperative, or abandoned condition upon any private or public property within the city for a period in excess of seven (7) days. This article shall not apply to (1) a vehicle or part thereof which is completely enclosed within a fence or building in a lawful manner where it is not plainly visible from the street or other public or private property or (2) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, licensed junkyard or other similar duly licensed business conducted pursuant to law when such parking or storing of vehicles or parts thereof is necessary to the operation of the business; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under other provisions of law. This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. (Ord. No. 816, § 2, 4-1-68; Ord. No. 95-6, § 1, 3-6-95)

15.114 Administration; enforcement; authority to enter upon private property.

Except as otherwise provided herein, the provisions of this article shall be administered and enforced by the chief of the Gilroy Police Department. In the enforcement of this article such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article. When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this article. (Ord. No. 816, § 2, 4-1-68)

15.115 Administrative costs.

The city council shall from time to time determine and fix an amount to be assessed as administrative costs in addition to the actual cost of removal of any vehicle or part thereof under this article. This cost of administration may be set as a fixed sum per removal or as a percentage of the actual cost of removal. (Ord. No. 816, § 2, 4-1-68)

15.116 Abatement and removal; notices.

Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein.

A ten-day notice of intention to abate and remove the vehicle or parts thereof, as a public nuisance shall be mailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of owner of the land)

As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Chapter 15, Article IX of the Gilroy City Code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to _________, license number _________, which constitutes a public nuisance pursuant to the provisions of Chapter 15, Article IX of the Gilroy City Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city and the costs thereof, together with administrative costs, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.

As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing before the city council and if such a request is not received by the chief of police within such ten-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.

Notice Mailed__________(date)

/s/ __________

Chief of Police

City of Gilroy

NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE

(Name and address of last registered and/or legal owner of record of vehicle—notice should be given to both if different)

As last registered (and/or legal) owner of record of (description of vehicle—make, model, license, etc.), you are hereby notified that the undersigned pursuant to Chapter 15, Article IX of the Gilroy City Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of Chapter 15, Article IX of the Gilroy City Code.

You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within ten days from the date of mailing of this notice.

As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing before the city council and if such a request is not received by the chief of police within such ten-day period, the chief of police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) without a hearing.

Notice Mailed__________ (date)

/s/ __________

Chief of Police

City of Gilroy

(Ord. No. 816, § 2, 4-1-68; Ord. No. 986, § 2, 7-2-73)

15.117 Public hearing; notices.

(a) Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

(b) All hearings under this chapter shall be held before the city council which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The city council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the city council shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the city council but does not appear, he shall be notified in writing of the decision. (Ord. No. 986, § 3, 7-2-73)

15.118 Removal; notice; transmittal of registration.

Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, or five days from the date of mailing of notice of the decision of such notice is required, the vehicles or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable.

Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. No. 784, § 4, 1-16-67; Ord. No. 816, § 2, 4-1-68)

15.119 Assessment and collection of costs.

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to this article are not paid within thirty (30) days of the date of the order, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. (Ord. No. 816, § 2, 4-1-68)

15.120 Abandonment.

It shall be unlawful for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property not including highways within the city for a period in excess of seven (7) days unless such vehicle or part thereof is completely enclosed within a fence or building in a lawful manner where it is not plainly visible from the street or other public or private property or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, licensed junkyard or other similar duly licensed business conducted pursuant to law when such parking or storing of vehicles or parts thereof is necessary to the operation of the business. (Ord. No. 816, § 2, 4-1-68; Ord. No. 77-15, § 10, 4-18-77)

15.121 Failure to remove.

It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article of [or] state law where such state law is applicable. (Ord. No. 816, § 2, 4-1-68; Ord. No. 77-15, § 11, 4-18-77)

15.122 Interference with abatement.

It shall be unlawful for any person to interfere with, hinder or refuse admittance to persons authorized by this article to enter upon private property for the purpose of enforcing the provisions of this article. (Ord. No. 816, § 2, 4-1-68; Ord. No. 77-15, § 12, 4-18-77)

ARTICLE X. INTERSTATE TRUCKS

15.123 Definitions.

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided that if any such word or phrase is not defined in the vehicle code, it shall have the meaning attributed to it in ordinary usage:

(a) “Terminal” means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured.

(b) “Interstate truck” means a truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the vehicle code.

(d) “Caltrans” means the State of California Department of Transportation or its successor agency. (Ord. No. 85-3, § 1, 1-7-85)

15.124 Purpose.

The purpose of this article is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. (Ord. No. 85-3, § 1, 1-7-85)

15.125 Application.

(a) Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form as provided by the city, together with such information as may be required by the city engineer and appropriate fees to the City of Gilroy.

(b) Upon receipt of the application, the city engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon his approval of that designation, he will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be approved without the approval of Caltrans.

(c) Should the requested route pass through the City of Gilroy to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction’s application process. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal’s land use. Costs for trailblazer signs shall be as provided in Section 15.126(b). (Ord. No. 85-3, § 1, 1-7-85)

15.126 Fees and costs.

(a) The applicant shall pay a nonrefundable application fee, as established by the city by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

(b) Upon approval of the terminal designation and route by the city and by Caltrans the applicant shall deposit with the City of Gilroy sufficient funds as estimated by the city engineer to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city on route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place. Costs for trailblazer signs may be proportioned in accordance with the procedures in section 15.127(c). (Ord. No. 85-3, § 1, 1-7-85)

15.127 Retrofitting.

(a) If all feasible routes to a requested terminal are found unsatisfactory by the city engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the city or by a contractor acceptable to it.

(b) When the work is to be done by the city, the applicant shall deposit with the City of Gilroy the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work and any difference between the actual and the estimated cost shall be billed or refunded to the applicant as the case may be. When the work is done by the applicant, the applicant may file with the city engineer, on a form satisfactory to the city engineer, a statement detailing the actual costs of the retrofitting.

(c) If at any time within five (5) years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant’s fee may include that applicant’s proportionate share of the retrofitting, as determined by the city engineer, which fee shall be disbursed by the City of Gilroy to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the city engineer required by subsection (b) above. (Ord. No. 85-3, § 1, 1-7-85)

15.128 Revocation of route.

City engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route of said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. (Ord. No. 85-3, § 1, 1-7-85)

15.129 Appeal process.

(a) If the city engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the city engineer may appeal said decision to the city council in writing. An appeal shall be made on a form prescribed by the department of public works and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the city engineer or wherein its decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal, the city engineer shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the city engineer, the findings of the city engineer and his decision on the application.

(b) The city clerk shall make copies of the data provided by the city engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requests notice of the time when the appeal will be considered by the city council.

(c) If Caltrans and not the city engineer denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but must be made to Caltrans as may be permitted by Caltrans. (Ord. No. 85-3, § 1, 1-7-85)

ARTICLE XI. AMBULANCE PERMITS

15.130 Ambulance services; permits and regulation.

Chapter XVI of Division A18 of the Santa Clara County Ordinance Code, as now exists or may hereafter be amended, relating to permits and regulation of ground and air ambulance services, shall apply in the City of Gilroy.

This section shall take effect and be in full force thirty (30) days from and after its adoption and approval [adopted July 7, 1993]. (Ord. No. 93-11, § I, 6-7-93)

State law references—Uniformity of state laws and applicability to municipalities, Veh. C. A., § 21; powers of local authorities to regulate traffic, Veh. C. A., § 21100 et seq.

Cross references—Hedges, etc. obstructing visibility at street intersections, §§ 20.60-20.65.

State law references—Authority of cities to regulate traffic by means of traffic officers, Veh. C., § 21100 et seq.

State law references—Traffic signs, signals and markings, Veh. C. A., §§ 21350 to 21468; requirement that signs conform to uniform standards, Veh. C. A., § 21405.

State law references—Prohibitions of stopping, standing or parking generally, Veh. C. A., §§ 22500 to 22518.

Cross references—Parking taxicabs, § 23.7

For state law authorizing the regulation of off-street parking by local authorities, see Veh. C., § 22519.

For state law as to closing hours, fees, etc., see Veh. C., § 22950.

State law references—Pedestrian street laws, Veh. Co. A., § 21950 et seq.

For state law as to pedestrians crossing roadways, see Veh. C. A., §§ 21954, 21955, 21961.

For state law as to standing in roadways for purposes of soliciting rides, see Veh. C. A., § 21957.

Chapter 15MOTOR VEHICLES AND TRAFFIC1

15.1 Definitions.