Chapter 10.15
PARKING
Sections:
Article I. Generally
10.15.010 Scope.
10.15.020 No parking areas.
10.15.030 Stopping or standing in parkways prohibited.
10.15.040 No stopping zones.
10.15.050 Maintenance of no stopping and no parking areas.
10.15.060 Parking time restrictions.
10.15.070 Parking parallel on one-way streets.
10.15.080 Diagonal parking.
10.15.090 Right-of-way for curb parking.
10.15.100 Parking space markings.
10.15.110 City property.
10.15.120 Parking adjacent to schools.
10.15.130 Parking of commercial vehicles.
10.15.140 Parking on grades.
10.15.150 Narrow streets.
10.15.160 Parking – Peddlers and vendors.
10.15.170 Bicycle parking zone.
10.15.180 Emergency parking signs.
10.15.190 Removal of vehicles.
Article II. Private Parking Facilities
10.15.200 Definitions.
10.15.210 Application.
10.15.220 Mail-in fees – Issuance of notice of parking fees.
10.15.230 Amount of fee.
10.15.240 Signs.
10.15.250 Notice of parking fees.
10.15.260 Dispute resolution procedures.
10.15.270 Registration.
10.15.280 Unauthorized business practices.
10.15.290 Vehicle removal.
10.15.291 Compliance with this section.
Article III. Parking on Private Property
10.15.300 No parking without permission.
10.15.310 No parking of commercial vehicles on private property.
Article IV. Exemption of Certain Vehicles
10.15.320 Exemption of certain vehicles.
Article I. Generally
10.15.010 Scope.
A. The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle apply at all times or at those times specified in this chapter 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. The provisions of this chapter imposing a time limit on standing or parking do not relieve a person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (1991 code § 8-4.1)
10.15.020 No parking areas.
No operator of a vehicle may stop, stand, park, or leave it standing in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:
A. Within a divisional island unless authorized and clearly indicated with appropriate signs or markings;
B. On either side of a street between the projected property lines of a public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface;
C. In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface;
D. In an area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface;
E. Upon, along, or across a railway track in such manner as to hinder, delay, or obstruct the movement of a car traveling upon the track;
F. In an area where the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property;
G. On a street where the use of the street is necessary for the cleaning, repair, or construction of the street or the installation of underground utilities, or where the use of the street is authorized for a purpose other than the normal flow of traffic, or where the use of the street is necessary for the movement of equipment, articles or structures of unusual size, and the parking of the vehicle would interfere with such use or movement; provided, the signs giving notice of such no parking are placed at least 24 hours before the effective time of such no parking;
H. At a place within 20 feet of a point on the curb immediately opposite the mid-block end of a safety zone, when that place is indicated by appropriate signs or by red paint upon the curb surface;
I. At a place within 20 feet of a crosswalk at an intersection in any business district when that place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop;
J. Within 20 feet of the approach to a traffic signal, boulevard stop sign, or official electric flashing device.
(1991 code § 8-4.2)
10.15.030 Stopping or standing in parkways prohibited.
No person may stop, stand, or park a vehicle within a parkway. (1991 code § 8-4.3)
10.15.040 No stopping zones.
A. The city traffic engineer shall designate established no stopping zones by placing and maintaining signs indicating that stopping of vehicles is prohibited and indicating the hours and days when stopping is prohibited.
B. During the hours and on the days designated on the signs, it is unlawful for the operator of a vehicle to stop on a street established by resolution of the council as a no stopping zone. (1991 code § 8-4.4)
10.15.050 Maintenance of no stopping and no parking areas.
A. The city traffic engineer may maintain by appropriate signs or by paint upon the curb surface all no stopping zones, no parking areas and restricted parking areas, as defined and described in this chapter.
B. When curb markings or signs are in place, no operator of a vehicle may stop, stand, or park the vehicle adjacent to a legible curb marking or sign in violation of this chapter. (1991 code § 8-4.5)
10.15.060 Parking time restrictions.
The city traffic engineer shall designate restricted parking areas by placing and maintaining signs, parking meters or curb markings indicating that parking on certain streets during all or certain hours of the day is prohibited or indicating that parking is permitted for a limited time period. When authorized signs, parking meters or curb markings are in place, no operator of a vehicle may stop, stand, or park adjacent to the legible curb marking, sign or parking meter in violation of it. (Ord. 767 § 1, 2002; Ord. 692 §§ 1, 2, 1993; 1991 code § 8-4.6)
10.15.070 Parking parallel on one-way streets.
A. Subject to more restrictive limitations, a vehicle may be stopped or parked within 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 such stopping or standing.
B. If a highway includes two or more separate roadways and traffic is restricted to one direction, no person may stand or park a vehicle upon the left-hand side of the one-way roadway unless signs are in place permitting such standing or parking.
C. The city traffic engineer may determine when standing or parking is prohibited upon the left-hand side of a one-way street or when standing or parking may be permitted upon the left-hand side of a one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.
D. The requirement of parallel parking imposed by this section does not apply to a commercial vehicle actually engaged in loading or unloading freight or goods, and in this case the vehicle may be backed up to the curb if it does not extend beyond the centerline of the street and does not block traffic. (1991 code § 8-4.7)
10.15.080 Diagonal parking.
A. On streets established by resolution of the council as diagonal parking zones, when signs or pavement markings are in place indicating diagonal parking, it is unlawful for the operator of a vehicle to park it except:
1. At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of the allotted space;
2. With the front wheel nearest the curb within six inches of the curb.
B. This section does not apply when a vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable to PHMC Chapter 10.25 shall be complied with. (1991 code § 8-4.8)
10.15.090 Right-of-way for curb parking.
A. In this section, limited curb parking space means an area open for lawful parking alongside of and adjacent to a curb and which area is not of sufficient length to permit two or more vehicles to freely move for parking therein at the same time.
B. A person seeking to park his or her vehicle in a limited curb parking space, whose vehicle arrives at the parking space before any other vehicle, and who proceeds beyond the space a distance not more than 10 feet for the purpose of backing his or her vehicle into it, has the right-of-way over another person driving or attempting to drive directly into the limited curb parking space or who in any manner obstructs the limited curb parking space. The driver of the other vehicle shall yield the right-of-way to the driver who first arrived at the parking space. (1991 code § 8-4.9)
10.15.100 Parking space markings.
A. The city traffic engineer may install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted provided that parking meter zones shall be established by ordinance.
B. When parking space markings are placed on the street, subject to other and more restrictive limitations, no vehicle may be stopped, left standing, or parked other than within a single space unless the size or shape of the vehicle makes compliance impossible. (1991 code § 8-4.10)
10.15.110 City property.
A. Whenever the city manager determines that the orderly, efficient conduct of the city’s business requires that parking or standing of vehicles on city property be prohibited, limited, or restricted, the city manager may order a sign to be placed indicating that the parking of vehicles is prohibited, limited or restricted.
B. When a sign authorized by this chapter is in place giving notice of the restriction, no person may park or stand a vehicle contrary to the directions of the sign.
C. The city may issue a citation to a person who violates the posted restrictions, or remove the vehicle if the sign gives notice of the removal, or both. (Veh. Code §§ 22651(n) and 21113). (Ord. 781 § 1, 2004; 1991 code § 8-4.11)
10.15.120 Parking adjacent to schools.
A. The city traffic engineer may place signs indicating no parking upon that side of a street adjacent to school property when such parking would in his or her opinion interfere with traffic or create a hazardous situation.
B. When official signs are placed prohibiting parking upon that side of a street adjacent to school property, no person may park a vehicle in that place. (1991 code § 8-4.12)
10.15.130 Parking of commercial vehicles.
A. No person shall park a commercial vehicle or commercial equipment, having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more, in any residential area for longer than three hours subject to the following exceptions. Commercial vehicles may park in residential areas as long as reasonably necessary to load or unload, or service a residence.
B. For the purposes of this section, manufacturer’s gross vehicle weight rating means the weight in pounds of the chassis of the vehicle together with lubricants, water in radiator, and fuel in tank(s), plus the weight of the cab or driver’s compartment, body, special chassis and body equipment and payload as authorized by the chassis manufacturer.
C. For the purposes of this section, commercial vehicle is defined as a vehicle designed, used and maintained primarily for the transportation for hire, compensation or profit, or a vehicle for the transportation of property. Pickup trucks and small utility vehicles are exempt from this section unless they are converted to stake side trucks and used exclusively for hauling. Some of the vehicles regulated under this chapter are: dump trucks, flatbed or stake-side trucks, semi-truck tractors, moving vans, delivery trucks, earth-moving equipment, tow trucks, tractors, equipment trailers and carriers, poles and pipe dollies. (Ord. 631 § 1, 1989; 1991 code § 8-4.13)
10.15.140 Parking on grades.
No person may park or leave standing a vehicle unattended on a street when upon a grade exceeding 3% without blocking the wheels of the vehicle by turning them against the curb or by other means. (1991 code § 8-4.16)
10.15.150 Narrow streets.
A. The city traffic engineer may place signs or markings indicating no parking upon a street when the width of the roadway does not exceed 20 feet, or upon one side of a street when the width of the roadway does not exceed 30 feet.
B. When official signs or markings prohibiting parking are placed upon narrow streets as authorized, no person may park a vehicle in violation of any such sign or marking. (1991 code § 8-4.17)
10.15.160 Parking – Peddlers and vendors.
A. No person may stand or park a vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited, offered for sale, bartered or exchanged, or a lunch wagon or eating car or vehicle, on any portion of a street except at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any one place. This does not apply to a person delivering articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.
B. No person may park or stand on a street a lunch wagon, eating cart or vehicle or pushcart from which articles of food are sold or offered for sale without first obtaining a written permit to do so from the city traffic engineer. The permit shall designate the specific location at which the cart may stand.
C. No person may park or stand a vehicle or wagon used or intended to be used in the transportation of property for hire on a street while awaiting patronage without a written permit to do so from the city traffic engineer. The permit shall designate the specific location where the vehicle may stand.
D. Whenever a permit is granted under this section and a particular location to park or stand is specified, no person may park or stand a vehicle, wagon, or pushcart on a location other than as designated in the permit. In the event that the holder of a permit is convicted of violating this section the city shall revoke the permit, and no permit may thereafter be issued to that person until six months elapse from the date of revocation. (1991 code § 8-4.18)
10.15.170 Bicycle parking zone.1
When the city traffic engineer determines that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles or to safeguard life or property, he or she may set aside a space on the street not more than 36 feet in length for the parking of bicycles. When a bicycle parking zone is established, the city traffic engineer shall place signs giving notice that parking of other vehicles is prohibited. No person may stop, stand, or park any other vehicle in front of the zone while signs are in place. (1991 code § 8-4.19)
10.15.180 Emergency parking signs.
A. Whenever the city traffic engineer determines that an emergency traffic congestion is likely to result from the holding of public or private assemblage, gathering or function, or for other reason, the city traffic engineer may 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 directs during the time temporary signs are in place. Such signs shall remain in place only during the existence of the emergency and the city traffic engineer shall have the signs removed promptly.
B. When signs authorized by this subsection are in place giving notice thereof, no person may operate, park, or stand a vehicle contrary to the directions and provisions of such signs. (1991 code § 8-4.20)
10.15.190 Removal of vehicles.
Any officer or other authorized employee of the police department may have removed:
A. A vehicle parked or left standing upon a street for 72 or more consecutive hours.
B. A vehicle parked or left standing upon a street between 7:00 a.m. and 7:00 p.m. when such parking or standing is prohibited by ordinance or resolution, and signs are posted giving notice of removal;
C. A vehicle parked or left standing upon a street where the use of the street is necessary for the cleaning, repair, or construction of the street or for the installation of underground utilities or where the use of the street is authorized for a purpose other than the normal flow of traffic or where the use of the street is necessary for the movement of equipment, articles, or structures of unusual size, and parking would prohibit or interfere with such use or movement. However, signs giving notice that a vehicle may be removed must be placed at least 24 hours before the removal. (1991 code § 8-4.21)
Article II. Private Parking Facilities
10.15.200 Definitions.
Unless the context otherwise requires, the definitions in this section govern the construction of this article.
Business hours means the period from one hour before a business is open for customers until the business’s closing time for customers. For parking spaces designated for users of automated teller machines, employee, tenant or other noncustomer reserved parking, business hours means 24 hours a day unless otherwise specified by signage in the off-street parking lot.
Mail-in parking fee means a fee assessed by a private parking operator for unauthorized parking in an off-street parking lot.
Notice of a parking fee means a written document affixed to a vehicle which notifies the vehicle driver of a mail-in parking fee that is due as a result of unauthorized parking in an off-street parking lot.
Off-street parking lot means privately owned property that is generally held open to the public for the parking of vehicles.
Person means a natural person, firm, company, corporation, partnership, or association.
Private parking operator means a person who owns or controls, or person who acts on behalf of a person who owns or controls, an off-street parking lot.
Unauthorized parking or parked without authorization means circumstances where the operator of a vehicle: (1) fails to comply with restrictions, policies, notices or regulations posted or displayed in the off-street parking lot or otherwise conveyed by the private parking operator; (2) fails to pay (or properly display proof of payment) for parking at any pay and park facility; (3) leaves a vehicle parked over-time at an off-street parking lot for a period of time in excess of the amount paid for or permitted (as determined by the private parking operator); (4) parks in a “no parking,” red zone, yellow zone, loading zone, fire lane, or nondesignated parking space of a parking facility; or (5) blocks, impedes, or restricts another vehicle’s ability of egress or ingress or otherwise obstructs the orderly flow of traffic. (Ord. 901 § 1, 2016)
10.15.210 Application.
This article applies to all areas within the city of Pleasant Hill. (Ord. 901 § 1, 2016)
10.15.220 Mail-in fees – Issuance of notice of parking fees.
A. During normal business hours a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization.
B. Where a private parking operator of an off-street parking lot of a closed business has authorized a valet parking service to utilize the parking facility for valet parking and signs are posted prohibiting public parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization outside of normal business hours.
C. Where an off-street parking lot of a closed business utilizes a parking meter, lock-box, or other device requiring payment before parking, a private parking operator may charge a mail-in parking fee to owners of vehicles parked in the lot without authorization outside of normal business hours.
D. Where a vehicle is parked in a “no parking,” red zone, yellow zone, loading zone, or nondesignated parking space of an off-street parking lot of a closed business, a private parking operator may charge a mail-in parking fee to the owner of such vehicle outside of normal business hours.
E. Except as provided in subsections B, C and D of this section, no mail-in parking fee shall be charged by a private parking operator outside of normal business hours for parking spaces designated for customer parking only during business hours. (Ord. 901 § 1, 2016)
10.15.230 Amount of fee.
The mail-in parking fee charged under this article shall not exceed the initial amount of bail for violation of PHMC § 10.15.020 (parking in red zone). Late fees of $15.00 may be charged if the initial mail-in parking fee remains unpaid after 21 days from date of issuance of the notice of parking fee. If the mail-in parking fee is disputed in accordance with the provisions of this article, a late fee equal to $15.00 shall be imposed 21 days from the date of the applicable administrative hearing decision requiring payment of such fee. The private parking operator is not authorized to add any fees from the Department of Motor Vehicles to the late fee authorized above. (Ord. 901 § 1, 2016)
10.15.240 Signs.
In addition to meeting the requirements of PHMC § 10.15.220, signs indicating any restrictions on parking in an off-street parking lot shall be posted as required by this section.
A. No mail-in parking fee shall be charged and no notice of parking fee shall be issued unless there are signs in place substantially in the form required by this article.
B. Signs not less than 17 by 22 inches in size with lettering not less than one inch in height must be posted at each entrance to the lot and must include statements to the effect that the off-street parking lot is subject to public moving vehicle laws and violators may be subject to a mail-in parking fee or removal.
C. Additional signs or notices shall be posted and visible from each restricted parking space identifying any applicable parking restrictions. Where different restrictions apply to parking spaces with common entrances and exits, the restrictions applicable to each space shall be clearly delineated.
D. The city traffic engineer is hereby authorized to approve additional sign locations and to establish uniform sign sizes, colors, sizes of lettering, and other information that may be required on all signs in order to be in compliance with this section. If the city traffic engineer establishes such criteria, all signs required by this section shall be brought into compliance within 180 days.
E. Signs which indicate that a customer may park for no fee shall indicate whether the authorized parking is only for the time the customer is on the premises or whether it is for a limited duration of time. In the absence of such designation, a customer shall not be charged a mail-in parking fee.
F. Nothing in this section shall be construed as to modify the authority of the city to issue citations for violations of this title regarding traffic and motor vehicles. (Ord. 901 § 1, 2016)
10.15.250 Notice of parking fees.
A. Each notice of parking fee shall:
1. Contain at the top of the notice in at least 12-point print the words “INVOICE” followed by “PARKING FEE IMPOSED BY XXX” (inserting the name, telephone number and location of the private parking operator or off-street parking lot where the notice was issued).
2. If a notice of parking fee is issued for unauthorized parking in a customer-only parking space, contain in at least 10-point print the listed telephone number of the business or property owner whose customers are designated to use the customer-only parking and the listed telephone number of the private parking operator.
3. End with the legend, in at least 12-point type, “This parking fee notice is not issued by the City of Pleasant Hill.”
4. State that the business or property owner identified in subsection A of this section may cancel the mail-in parking fee at any time for any reason.
5. Provide fair notice of the dispute resolution procedure described in PHMC § 10.15.260. No notice of parking fee shall display any feature that resembles a city of Pleasant Hill parking citation or city logo. The notice of parking fee shall be a color distinctive from a city parking citation.
B. No private parking operator shall use the terminology of Pleasant Hill ordinances or resolutions that is restricted to governmental law enforcement in its notices of parking fees or in parking fee invoices. (Ord. 901 § 1, 2016)
10.15.260 Dispute resolution procedures.
Every private parking operator issuing notices of parking fees shall establish a written dispute resolution policy for contested parking fees that shall comply with this article. A copy of the current policy shall be filed with the police department. Every such policy shall contain the provision that allows the business or property owner who has issued the notice of parking fee, or authorized notices to be issued, to cancel the notice and parking fee at any time for any reason. The availability of this cancellation remedy shall be printed on every notice.
A. For a period of 21 calendar days from the issuance of a notice of parking fee or 14 calendar days from the mailing of a notice of delinquent parking fee, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking fee and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the parking fee appropriate in the interest of justice, the issuing agency shall cancel the notice of parking fee or notice of delinquent parking fee. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subsection B of this section for waiving prepayment of the parking penalty based upon an inability to pay.
B. If the person is dissatisfied with the result of the initial review, the person may request an administrative hearing of the parking fee no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking fee with the processing agency. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking fee upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this section. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.
C. The administrative hearing process shall include the following:
1. The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the city of Pleasant Hill.
2. If the person requesting the hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking fee without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult.
3. The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the city of Pleasant Hill. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations.
4. a. The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, collection, or issuance. The examiner shall be separate and independent from the parking fee collection or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of parking fees collected by the examiner.
b. Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The private parking operator may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) American Arbitration Association or (iv) any program approved by the city of Pleasant Hill, including a program developed and provided by, or for, the agency. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the city of Pleasant Hill, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of training requirements described in this subsection may be credited to an individual, at the discretion of the city of Pleasant Hill, based upon training programs or courses described in subsections C.4.b.i to iv of this section, inclusive, that the individual attended within the last five years.
5. The person who issues a notice of parking fee shall not be required to participate in an administrative hearing; provided, that at the time of the initial review, either a time stamped photograph of the alleged violation or an affidavit signed by the person issuing a notice of a parking fee is provided to the person who received a notice of a parking fee. The issuing agency shall not be required to produce any evidence other than the notice of parking fee or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.
6. The examiner’s decision following the administrative hearing may be personally delivered or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial.
The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking fee in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the city of Pleasant Hill, the examiner may permit the performance of community service in lieu of payment of a parking penalty. (Ord. 901 § 1, 2016)
10.15.270 Registration.
A. Every private parking operator who issues notices of parking fees shall register with the police department before doing business in the city.
B. The registration shall include:
1. The name, address and telephone number of the private parking operator.
2. The names, home and business addresses and telephone numbers of each person owning 10% or more of the business.
3. The city of Pleasant Hill business license number of the business.
4. A list of all off-street parking lots where mail-in parking fees are charged, which shall be updated within one month of any change.
5. The name, address and telephone number of each contact person or person authorized to resolve disputes for each off-street parking lot.
6. A copy of the dispute resolution procedures required under PHMC § 10.15.260.
7. Such other information as may enable the police department to determine compliance with this article. (Ord. 901 § 1, 2016)
10.15.280 Unauthorized business practices.
A. No private parking operator shall:
1. Utilize the Denver boot or other similar device that is attached to the vehicle and which immobilizes the vehicle;
2. Pay any employee or independent contractor a salary or fee that is in any way based on either the number of notices of private parking fees they issue or the number or percentage of disputed invoices adjudicated that uphold parking fees;
3. Take any action or threaten to take any action to collect, or contact another person who takes or threatens to take any action to collect, an unpaid notice of a parking fee, other than to seek establishment of the debt in a judicial proceeding;
4. Report or threaten to report an unpaid notice of a parking fee to a credit bureau or a collection agency unless a court or other judicial proceeding has established the debt;
5. Issue a parking receipt to drivers without including language stating that violators may be subject to a parking invoice fee.
B. All persons employed by a private parking operator shall wear uniforms that identify them as private parking enforcement officers or private security officers. The uniform, badge or insignia shall be separate and distinct in appearance from uniforms, badges or insignia worn by local law enforcement agencies. Private parking operator staff must be in uniform during any enforcement activities. (Ord. 901 § 1, 2016)
10.15.290 Vehicle removal.
Notwithstanding any provision of this municipal code or other applicable rule or regulation, a private parking operator may, without the permission of the owner or driver of a vehicle, immediately tow any vehicle parked without authorization at an off-street parking lot if within a calendar year (A) the vehicle was parked without authorization at any of such private parking operator’s private parking facilities within the city of Pleasant Hill a total of four or more times, (B) the private parking operator issued a notice of parking fee with respect to such unauthorized parking, and (C) three or more such violations, fees remain unpaid. Removal of the vehicle pursuant to this section may be concurrent with the fourth violation of unauthorized parking and no notice of parking fee need be issued for the fourth violation. (Ord. 901 § 1, 2016)
10.15.291 Compliance with this section.
It shall be unlawful, and an unfair business practice within the meaning of Business and Professions Code section 17200, for any person to charge a mail-in parking fee or to issue or cause to be issued a notice of parking fee that is not in compliance with this article. A notice of parking fee that does not comply with this article is invalid. (Ord. 901 § 1, 2016)
Article III. Parking on Private Property
10.15.300 No parking without permission.
No person may operate or drive or leave a vehicle in, over or upon private property without permission of the owner or the person entitled to possession of the private property. (Ord. 715 § 1, 1997; 1991 code § 8-48.1)
10.15.310 No parking of commercial vehicles on private property.
A. No person may park a commercial vehicle having a manufacturer’s gross vehicle weight rating of 6,000 pounds or more on private property in any land use district zoned other than limited industrial (LI), except:
1. When a commercial vehicle is being loaded or unloaded at or adjacent to a loading dock, not to exceed a period of 48 hours.
2. When a commercial vehicle is associated with and necessary to performing a service at the private property.
3. When a commercial vehicle is registered to or leased to the business at which it is parked, in conjunction with the day-to-day operation of an authorized business in any of the following districts: professional and administrative office (PAO); retail business (RB); neighborhood business (NB); general commercial (C); or planned unit development (PUD).
B. For purposes of this section, a commercial vehicle means a vehicle of a type required to be registered under the Vehicle Code, used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property.
C. For purposes of this section, manufacturer’s gross vehicle weight rating means the weight in pounds of the chassis of a truck or truck tractor with lubricants, radiator full of water, full fuel tank or tanks plus the weights of the cab or driver’s compartment, body, special chassis and body equipment and pay load as authorized by the chassis manufacturer. (Ord. 715 § 1, 1997; 1991 code § 8-48.2)
Article IV. Exemption of Certain Vehicles
10.15.320 Exemption of certain vehicles.
A. The provisions of this chapter regulating the operation, parking and standing of vehicles do not apply to vehicles operated by the police or fire department, a public ambulance, public utility vehicle or private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when it is operated in the manner specified by the Vehicle Code in response to an emergency call.
B. The exemptions in subsection A of this section do not relieve the operator from obligation to exercise due care for the safety of others or the consequences of his or her willful disregard of the safety of others.
C. The provisions of this chapter regulating the parking or standing of vehicles do not apply to a vehicle of a city department or public utility while necessarily in use for construction or repair work, or a vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation, or delivery of United States mail. (1991 code § 8-49)
Editor’s note: For further provisions regarding bicycles, see PHMC Chapter 10.30.