Chapter 12.40
STOPPING, STANDING AND PARKING REGULATIONS
Sections:
12.40.010 Application of Regulations.
12.40.020 Standing in Parkways Prohibited.
12.40.030 Parking on Private Property.
12.40.035 Parking on Private Streets and Drives.
12.40.040 Parking Duration Period.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles.
12.40.060 Parking for Certain Purposes Prohibited.
12.40.080 Parking Parallel with Curb.
12.40.090 Angle Parking Indicators.
12.40.100 Angle Parking Streets.
12.40.110 Parking Space Indicators.
12.40.120 Obstructing Parking Space.
12.40.130 Permit for Angle Loading or Unloading.
12.40.140 Parking Adjacent to Schools.
12.40.150 Parking Prohibited on Narrow Streets.
12.40.160 Prohibited Parking Areas.
12.40.165 Parking Restriction in Electric Cart Zones.
12.40.170 Parking Restrictions for Vendors and Vehicles for Hire.
12.40.180 Emergency Parking Restrictions—Signs.
12.40.190 Causes for Removal and Storage.
12.40.010 Application of Regulations.
A. Prohibitions. The provision of this ordinance prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at these times herein specified, 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 official traffic control device.
B. Time Limits. The provisions of this chapter 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 California Vehicle Code, this Code or the ordinances of this City, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 2023-22 § 548, 2023; 1949 Code § 3263)
12.40.020 Standing in Parkways Prohibited.
No person shall stop, stand or park a vehicle within any parkway. (1949 Code § 3264)
12.40.030 Parking on Private Property.
No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property. The owner or person in lawful possession of private property, other than residential property of less than ten units, who causes illegally parked vehicles to be removed or stored shall have an attendant or agent available on the premises, during business hours, to advise persons whose vehicles have been towed where such vehicles are being stored. (Ord. 84-23 § 1, 1984: Ord. 1813 § 1, 1979: Ord. 1014, 1962: 1949 Code § 3264.1)
12.40.035 Parking on Private Streets and Drives.
No person shall park a vehicle on a private street or drive in such a fashion that the vehicle blocks the private street or drive so as to prevent vehicular ingress or egress thereto; provided that signs giving notice that such parking is in violation of this section are erected or placed twenty-four (24) hours prior to the violation. (Ord. 2023-22 § 549, 2023; Ord. 1725 § 1, 1977)
12.40.040 Parking Duration Period.
No person who owns or has possession, custody or control of any vehicle, shall park such vehicle upon any public street or upon publicly owned, maintained or operated property for a period of seventy-two (72) or more consecutive hours. For purposes of this section, the vehicle shall be considered to have remained parked unless, during any seventy-two (72) hour period, said vehicle has been moved, at least one hundred (100) feet from the position it previously occupied, or the odometer on said vehicle exhibits a change of at least one-tenth of one mile. (Ord. 82-2 § 1, 1982: Ord. 1725 § 2, 1977: Ord. 1069, 1962: 1949 Code § 3265)
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles.
A. Prohibition.
1. Subject to the exceptions set forth in subsection (G) of this section, no person shall, at any time, park or leave standing any large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, on any public street or alley within any residential district or adjacent to any public park or school, or within five hundred (500) feet of the entrance to any public park, day care center, or school, as measured from the property line.
2. Subject to the exception set forth in subsection (G)(8) of this section, no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall use a generator that is associated in any way with the vehicle while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot.
3. Subject to the exception set forth in subsection (G)(8) of this section, no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall do any of the following while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot: (a) conduct any business or commercial activity; (b) park the vehicle outside of the area marked for the parking of the vehicle; or (c) place any item outside of the vehicle on City property or store any item under or around the vehicle including, but not limited to, solar panels, a barbeque, a mat, recliner, table, or chairs.
B. Large Motor Vehicle Defined. For the purpose of this section, “large motor vehicle” shall mean any motor vehicle eighty-four (84) inches or more in width and more than eighty-four (84) inches in height or more than twenty-two (22) feet in length, with the exception of heavy-duty commercial vehicles and nonmotorized vehicles as defined below.
C. Heavy-Duty Commercial Vehicle Defined. For the purpose of this section, “heavy-duty commercial vehicle” shall mean any commercial vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty-four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or more.
D. Nonmotorized Vehicle Defined. For the purpose of this section, “nonmotorized vehicle” shall mean any trailer or any other device which is not self-propelled.
E. Residential District. For the purpose of this section, the term “residential district” shall mean any area within the City which is zoned R-A, R-1, R-BI, R-2, RM, RMD, PRD (planned residential district), and those portions of planned community districts and specific plan districts which are specified for residential uses.
F. Measurements. To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included.
G. Exceptions. The prohibition set forth in subsection (A) of this section shall not apply to the following:
1. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked for less than twenty-four (24) consecutive hours if parked adjacent to the owner’s residence for the purposes of loading, unloading, cleaning, battery charging, or other activity preparatory or incidental to travel;
2. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked adjacent to the owner’s residence or at such other location approved by the Chief of Police, for no more than seventy-two (72) hours for the purposes of loading, unloading, cleaning, battery charging, or other activity preparatory or incidental to travel, provided permission has been granted by the Chief of Police;
3. Nonmotorized vehicles parked at the designated boat launching area at 18th Street and Bay Avenue;
4. To any motor vehicle or nonmotorized vehicle parked to make emergency repairs to such vehicle, repairs to adjacent property, or to make deliveries to adjacent property;
5. To any motor vehicle displaying authorized placards or license plates pursuant to California Vehicle Code Sections 5007 and 22511.55 identifying the physically handicapped or disabled person.
6. Any motor vehicle or nonmotorized vehicle, currently registered and licensed by the Department of Motor Vehicles, that is parked in the REQ (SP 7) district of Santa Ana Heights for the express purpose of loading/unloading or standing for a period not to exceed seventy-two (72) hours. This exemption is exclusively for vehicles involved with the transportation of horses and does not pertain to any commercial vehicle not involved with the movement and placement of horses.
7. To a motor vehicle legally parked in public park parking lot.
8. To any motor vehicle that is: (a) legally parked in a school or day care center parking lot; (b) authorized to be at the location pursuant to a special events permit; (c) authorized to be at the location by the City Manager; (d) authorized to be at the location by the lessee of the property; (e) owned by a governmental entity; or (f) trucks actively being used for commercial purposes including the preparation of food, the delivery of food or cargo, and construction or maintenance activities. (Ord. 2023-22 § 550, 2023; Ord. 2005-2 § 1, 2005; Ord. 96-31, 1996; Ord. 95-68, 1996: Ord. 83-12 § 1, 1983: Ord. 82-7 § 1 (part), 1982: Ord. 1838 § 1, 1980: Ord. 1444 § 1, 1972)
12.40.060 Parking for Certain Purposes Prohibited.
No person shall park a vehicle:
A. Upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle thereon for sale, hire or rental, unless the property is duly licensed and zoned by the City to transact that type of business at that location.
B. Subsection (A) of this section shall not prohibit persons from parking vehicles on private residential property belonging to the owner of the vehicle nor on the public street immediately adjacent to said private residential property.
C. Upon any roadway for the principal purpose of painting, greasing or repairing vehicle or property thereon except repairs necessitated by an emergency.
D. Upon any roadway for the principal purpose of washing or polishing such vehicle or any part thereof when a charge is made for such service. (Ord. 1729 § 1, 1977: Ord. 1069 (part), 1963: 1949 Code § 3266)
12.40.070 Parking on Grades.
No person shall park or leave standing any vehicle unattended on a highway upon any grade exceeding three percent without blocking the wheels of the vehicle by turning them against the curb or by other means. (Ord. 1069, 1963: 1949 Code § 3266.1)
12.40.080 Parking Parallel with Curb.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting stopping or standing. 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 signs or markings are in place permitting such standing or parking.
The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street 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. (Ord. 2023-22 § 551, 2023; 1949 Code § 3267)
12.40.090 Angle Parking Indicators.
Whenever this Code or any ordinance of this City designates and describes any street or portion thereof upon which angle parking shall be permitted, the City Traffic Engineer shall mark or sign such street indicating the angle at which vehicle shall be parked.
When signs or marking 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.
Angle parking shall be permitted upon those streets and parts of streets so described in this chapter. (1949 Code § 3268)
12.40.100 Angle Parking Streets.
Upon the following described streets, all parking of motor vehicles shall be angle parking:
Lido Park Drive, southwesterly side only, from 28th Street to a point four hundred five (405) feet northwesterly.
McFadden Place, from Balboa Boulevard to Ocean Front.
Ocean Front, from McFadden Place to 24th Street.
15th Street, from Irvine Avenue to Clay Street, and its northerly extension.
15th Street, from Ocean Front to Newport Bay.
17th Street, east side only, from first alley, south of Balboa Boulevard to Ocean Front.
28th Street, north side only, from Balboa Boulevard to Newport Boulevard.
Hilaria Way, cul-de-sac portions, westerly of and easterly of Flagship Road.
Avon Avenue, westerly of Riverside Avenue.
Villa Way, west side only, from 32nd Street to the alley southerly of 32nd Street.
32nd Street from Villa Way to Newport Boulevard.
The Arcade. (Ord. 2023-22 § 552, 2023; Ord. 90-44 § 1, 1991: Ord. 89-29 § 1, 1989: Ord. 89-26 § 1, 1989: Ord. 1862 § 1, 1980: Ord. 1438 § 1, 1972: Ord. 1416 § 1, 1971: Ord. 1138, 1965: Ord. 1069, 1963: Ord. 631, 1950: 1949 Code § 3268.1)
12.40.110 Parking Space Indicators.
The City Council may by resolution direct that lines or marks be placed on the curbs or on the pavement on streets, highways or municipal public parking lots or portions of streets, highways or municipal parking lots in the City to designate marked parking spaces.
No person shall park a vehicle on a street, highway or where marked parking spaces designated by lines or marks other than a marked parking space.
No person shall park a vehicle in a municipal parking lot where marked spaces are designated by lines or marks other than a marked parking space, unless directed to do so by authorized City parking attendant(s).
No person shall park any vehicle across any line or mark designating a parking space on a street, highway or municipal parking lot. No person shall park a vehicle in a way that the same is not within the area designated as a parking space on a street or highway by such lines and marks. (Ord. 82-10 § 2 (part), 1982: Ord. 876, 1959: 1949 Code § 3268.5)
12.40.120 Obstructing Parking Space.
No person shall obstruct a vehicular parking space designated by lines or marks on any street, highway or municipal parking lot by standing in such parking space or by placing any barrier, sawhorse, bicycle, trash can or other obstruction in such parking space. This section shall not apply to temporary obstructions erected or maintained by governmental agencies, public utilities or adjacent property owners when necessitated by construction activities or except as provided in Section 12.62.010 of this Code. (Ord. 82-10 § 2 (part), 1982: Ord. 1748 § 3, 1977: Ord. 1060, 1963: 1949 Code § 3268.6)
12.40.130 Permit for Angle Loading or Unloading.
The City Traffic Engineer is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. (1949 Code § 3269)
12.40.140 Parking Adjacent to Schools.
The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. (1949 Code § 3270)
12.40.150 Parking Prohibited on Narrow Streets.
The City Traffic Engineer is hereby authorized to place signs or markings indicating no parking upon any street 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.
When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. (1949 Code § 3271)
12.40.160 Prohibited Parking Areas.
The City Traffic Engineer 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 of the places:
A. At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone.
B. At any place within twenty-five (25) feet of an intersection, except that a bus may stop at a designated bus stop.
C. Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official traffic control device.
D. At any place established by resolution of the City Council as a no-parking area.
E. At any place where the City Traffic Engineer determines that it is necessary in order to eliminate unusual traffic hazard. (Ord. 2023-22 § 553, 2023; Ord. 1013 (part), 1962: 1949 Code § 3272)
12.40.165 Parking Restriction in Electric Cart Zones.
No person shall stop, stand or park any vehicle other than an electric cart, in zones designated by resolution of the City Council as electric cart parking. (Ord. 87-35 § 1, 1987)
12.40.170 Parking Restrictions for Vendors and Vehicles for Hire.
A. Vendors—Standing Time Limit. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or handcart from which any product is sold, displayed, solicited or offered for sale or bartered or exchanged on any portion of any street within the City, except that persons with a business license to sell from such vehicles, wagons or handcarts may stand or park them only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution.
B. Vehicles For Hire—Stand Permit. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of persons or property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the City Traffic Engineer which shall designate the specific location or locations where such vehicle may stand.
C. Permit Limited To Designated Vehicles. Whenever any permit is granted under the provisions of this section and particular locations to park or stand are specified therein, no person shall park or stand any vehicle or wagon at any location other than as designated in such permit. (Ord. 1069 (part), 1963: 1949 Code § 3273)
12.40.180 Emergency Parking Restrictions—Signs.
Whenever the City Traffic Engineer 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 Traffic Engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer 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 Traffic Engineer shall cause such signs to be removed promptly thereafter.
When signs 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. (1949 Code § 3274)
12.40.190 Causes for Removal and Storage.
Any Police Officer, Police Cadet or employee of the City of Newport Beach assigned to parking control duties engaged in the enforcement of parking regulations may remove or cause to be removed and stored:
A. Any vehicle which is parked or left standing upon any public street or publicly owned, maintained or operated properties for seventy-two (72) or more consecutive hours.
B. Any vehicle which is parked or left standing on a street or highway, public beach or tidelands at any place that has been established as a no-parking area by resolution of the City Council when signs are posted giving notice that vehicles parked in such area are subject to removal.
C. Any vehicle which is parked or left standing on a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities, or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal.
D. Any vehicle which is parked or left standing on private property used exclusively for a single-family dwelling site where the vehicle is parked or left standing in a location on said residential lot that is not intended for public parking and without the permission of the resident of said residential lot.
E. Any vehicle which is parked or left standing on a private street which is not subject to Chapter 12.66 of this Code, or a private drive, in such a fashion that it blocks the private street or drive so as to prevent vehicular ingress or egress thereto, provided that signs giving notice that such vehicle may be removed are erected or placed at all points of ingress at least twenty-four (24) hours prior to the removal.
F. Any vehicle which is parked or left standing on public or private property which has been designated as a fire lane or fire access road by the Fire Chief, provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to removal.
G. Any vehicle blocking or impeding emergency access to the beach area. (Ord. 98-14 § 1, 1998: Ord. 82-10 § 3, 1982; Ord. 1725 § 3, 1977: Ord. 1542 § 2, 1973: Ord. 1069 (part), 1963: 1949 Code § 3274.1)