SBMC Chapter 10.28 STOPPING, STANDING AND PARKING

A. The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times specified in this title, except when it is necessary to stop a vehicle to avoid conflict with other traffic, or in compliance with the directions of a peace officer or official traffic-control device.

B. The provisions of this title imposing a time limit on standing or parking shall not relieve any person from the duty to observe other any more restrictive provisions of the Vehicle Code, this code or city ordinances, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 37 § 1, 1987; 1987 Code § 7.28.010)

10.28.020 Parking in median strip prohibited.

No person shall stop, stand or park a vehicle within any median strip between roadways, or within any traffic island or other area designed to separate or guide the movement of traffic. (Ord. 37 § 1, 1987; 1987 Code § 7.28.020)

10.28.030 Parking parallel with curb.

A. Subject to other and 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. 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 or adjacent to the left-hand side of such one-way roadway, unless signs are in place permitting such standing or parking.

C. The city manager is authorized to determine when standing or parking shall be prohibited 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.

D. No person shall stop, stand or park a vehicle upon either side of a one-way street so that such vehicle is facing opposite to the direction of traffic movement upon such one-way street. (Ord. 37 § 1, 1987; 1987 Code § 7.28.030)

10.28.035 Parking space markings.

The city manager is authorized to install and maintain parking space marks to indicate parking spaces where authorized parking is permitted.

A. When such parking space markings are placed, no vehicle shall be stopped, left standing, or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.

B. Only one vehicle at a time shall be permitted to park within parking space marks indicating authorized parking. (Ord. 82 § 1, 1989; 1987 Code § 7.28.035)

10.28.040 Parking prohibited on narrow streets.

A. The city manager is authorized to place signs or markings indicating no parking upon any highway when the width of the roadway and shoulders of such highway does not exceed 20 feet, or upon one side of a highway as indicated by such signs or markings when the width of the roadway and shoulders of such highway does not exceed 30 feet.

B. When signs or markings prohibiting parking are erected upon narrow streets as authorized in this title, no person shall park a vehicle upon any such street in violation of any sign or marking. (Ord. 37 § 1, 1987; 1987 Code § 7.28.040)

10.28.050 Parking adjacent to schools.

A. The city manager is 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.

B. 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. (Ord. 37 § 1, 1987; 1987 Code § 7.28.050)

10.28.060 Stopping or standing prohibited in specified places.

When the city manager determines that it is necessary to prohibit stopping, standing or parking at any of the following places in order to eliminate a dangerous traffic hazard, the city manager shall appropriately sign or mark such places; and when so signed or marked, no person shall stop, stand or park a vehicle in any of such places, except that this section does not prohibit buses from stopping to receive or discharge passengers at such places when appropriately signed or marked as bus loading zones;

A. At any place within 20 feet of a point on the curb or edge of the roadway immediately opposite and mid-block end of a safety zone;

B. At any place within 25 feet of an intersection;

C. Within 25 feet of the approach to any traffic signal, stop sign or official electric flashing device;

D. Adjacent to either side of a crosswalk or driveway entrance for a distance not to exceed 20 feet from either side of such crosswalk or driveway;

E. At any other place where the city manager determines that it is necessary in order to eliminate a dangerous traffic hazard. (Ord. 37 § 1, 1987; 1987 Code § 7.28.060)

10.28.070 Stopping or parking prohibited in specified places.

A. Fire Stations, Hydrants and Lanes. The city manager may 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 such places:

1. For a distance of 50 feet along the curb or edge of the roadway immediately in front of the main entrance to any fire station housing motor vehicle fire fighting equipment;

2. Adjacent to any fire hydrant when it has been determined by the city manager that stopping, standing or parking of any vehicle, whether attended or unattended, would present some special hazard, or would prevent ready access to the fire hydrant;

3. In any fire lane designated as such by the fire chief or fire marshal of the Solana Beach fire department, pursuant to the provisions of the Uniform Fire Code. The sign or marks for fire lanes shall be consistent with Vehicle Code Section 22500.1.

B. Handicapped Parking. The city manager may 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. In front of that portion of a curb which has been cut down, lowered or constructed to provide wheelchair accessibility to the sidewalk and which is designated by council resolution for wheelchair access;

2. Places designated by council resolution for exclusive use by vehicles displaying a handicapped plate or placard issued pursuant to the Vehicle Code. (Ord. 37 § 1, 1987; 1987 Code § 7.28.070)

10.28.075 Taxicab stands.

A. The city council may, by ordinance, from time to time designate taxicab stands that shall be designated “Taxis Only,” and such stands may be in operation 24 hours a day.

B. No person shall stop, stand, idle, or park a vehicle other than a taxicab in a taxicab stand designated pursuant to this chapter when there are in place adequate signs designating such taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any taxicab waiting to enter or about to enter such zone. (Ord. 422 § 3, 2010)

10.28.080 Council may prohibit or restrict parking.

When the council determines by resolution that it is necessary to prohibit stopping, standing or parking on certain highways, or portions thereof, at all or certain hours of the day, in order to facilitate the movement of traffic, or to eliminate a hazardous condition, the city manager shall appropriately sign or mark such highways, or portions thereof; and when so signed or marked, no person shall stop, stand or park a vehicle on any such highway or portion thereof in violation of the restrictions stated on or indicated by such signs or markings, except that this section does not prohibit buses from stopping to receive and discharge passengers at places appropriately signed or marked as bus loading zones. (Ord. 37 § 1, 1987; 1987 Code § 7.28.080)

10.28.090 Parallel parking where no curbs bound a roadway.

Where no curbs or barriers bound a roadway, and parking is not otherwise prohibited, right-hand parallel parking is required and no person shall stop, park or leave standing any vehicle, whether attended or unattended, unless not less than eight feet of the width of the paved or improved or main traveled portion of the same travel lane of the highway opposite such stopped, parked or standing vehicle is left clear and unobstructed for the free passage of other vehicles. (Ord. 132 § 1, 1991; Ord. 37 § 1, 1987; 1987 Code § 7.28.090)

10.28.095 Angle parking.

Pursuant to Vehicle Code Section 22503 and upon a report submitted by the city engineer, the city council may, by resolution, designate any street or portion thereof within the city where angle parking is permitted. When angle parking is permitted on a street, or portion thereof, the superintendent of streets shall paint markings designating the angle parking places. When angle parking has been established for a street, or portion thereof, no persons shall stop, stand or park a motor vehicle except in a designated angle parking place. (Ord. 154 § 1, 1992)

10.28.100 Temporary no parking.

A. Whenever the city manager determines that traffic congestion or traffic hazard of an emergency nature is likely to result from the operation, stopping, standing or parking of vehicles during the holding of public or private assemblages, gatherings or functions, or during construction, alteration, repair or improvement of any highway, or for any other reason, he may place or cause to be placed temporary signs prohibiting the operation, stopping, standing or parking of vehicles during the existence of such emergency.

B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, stop, stand or park any vehicle contrary to the directions of such signs. (Ord. 37 § 1, 1987; 1987 Code § 7.28.100)

10.28.110 Moving of vehicles by chief of police.

A. If a person parks any vehicle contrary to the provisions of SBMC 10.28.100 and the presence of such vehicle prevents or interferes with the construction, alteration, repair or improvement of the highway, the chief of police shall move such vehicle to the nearest place on the highway where:

1. The presence of such vehicle will not prevent or interfere with the construction, alteration, repair or improvement of the highway; and

2. The presence of such vehicle is not in violation of any provisions of any statute or ordinance except SBMC 10.28.100.

B. The chief of police shall not move, in any event, any vehicle more than 500 feet. (Ord. 37 § 1, 1987; 1987 Code § 7.28.110)

10.28.120 Removal of ignition key when parking.

Every person who parks a motor vehicle upon any highway shall first lock the ignition, remove the key therefrom and take such key with him, unless a licensed operator remains in such motor vehicle, in which case such licensed operator, before leaving such vehicle, first locks the ignition, removes the key therefrom and takes such key with him. (Ord. 37 § 1, 1987; 1987 Code § 7.28.120)

10.28.130 Use of streets for storage of vehicles prohibited.

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

B. A vehicle shall be considered parked or standing for 72 hours when it has been left standing on a street or alley without having been moved more than two-tenths of a mile within a 72-consecutive-hour period.

C. In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of 72 hours, the chief of police, any member of the Highway Patrol of the state, or any regularly employed and salaried employee of the city who is engaged in enforcing parking laws and regulations may remove such vehicle from the street in the manner and subject to the requirements of Sections 22651 and 22652 of the California Vehicle Code. (Ord. 255 § 1, 1999; Ord. 81 § 1, 1989; Ord. 37 § 1, 1987; 1987 Code § 7.28.130)

10.28.140 Washing, servicing or repairing of vehicle prohibited on public property.

No vehicle shall be repaired, serviced or washed while parked on any highway, or on any public property. This prohibition shall not apply to temporary emergency repairs completed within a one-hour period. (Ord. 291 § 1, 2002)

10.28.150 Council may restrict parking to emergency vehicles.

When the council determines by resolution that it is necessary to restrict parking on certain highways or portions thereof to emergency vehicles as defined in Vehicle Code Section 165, or to one or more of the types of emergency vehicles as defined in this title, the city engineer shall appropriately sign or mark such highways or portions thereof, and when so signed or marked, no person shall stop, stand or park a vehicle on any such highway or portion thereof in violation of the restriction stated on or indicated by such signs or markings. (Ord. 37 § 1, 1987; 1987 Code § 7.28.150)

10.28.160 Council may establish no-parking tow-away zones.

A. When the council determines by resolution that it is necessary to establish no-parking tow-away zones on certain highways or portions thereof as defined in subsections (k), (l), (m), or (n) of Section 22651 of the Vehicle Code, the city engineer shall appropriately sign or mark such highways or portions thereof; and when so signed or marked, no person shall stop, stand or park a vehicle on any such highway or portion thereof in violation of the restriction stated on or indicated by such signs or markings.

B. The city manager may include on any sign, marker or marking placed pursuant to this section or SBMC 10.28.040 or 10.28.070 a notice that vehicles parked in violation of the restriction may be towed. The notice may state “Tow-away” “Tow-away Zone” or any other marking which gives reasonable notice of the tow-away reports.

C. Any vehicles left parked or standing on any such highway or portion thereof in violation of this section may be removed by the chief of police or any member of the California Highway Patrol. (Ord. 37 § 1, 1987; 1987 Code § 7.28.160)

10.28.170 Parking or standing of commercial vehicles.

A. At all areas within the city, the parking or standing of commercial vehicles is prohibited if such vehicle is one or more of the following:

1. A vehicle with a manufacturer’s gross weight rating of 10,000 pounds or more;

2. A “truck tractor” as defined in California Vehicle Code Section 655;

3. A “semitrailer” as defined in California Vehicle Code Section 550;

4. A “trailer” as defined in California Vehicle Code Section 630.

B. This chapter shall not apply under the following conditions:

1. When such vehicle is loading or unloading property;

2. When such vehicle is parked in connection with and in aid of the performance of a service to or on a property;

3. When such vehicle is engaged in the construction, installation, repair or maintenance of a publicly or privately owned improvement located on the property;

4. When the registered owner of the vehicle is the owner in fee of the property on which such vehicle is parking or standing, and such parking or standing does not violate any other zoning or regulatory ordinance of the city;

5. When the city council has determined by resolution that the parking of such vehicles on certain streets or properties shall be permitted. (Ord. 37 § 1, 1987; 1987 Code § 7.28.170)

10.28.180 Stopping or standing of a school bus by a driveway permitted.

The stopping of a school bus in front of a public or private driveway for the sole purpose of loading or unloading school pupils is authorized. (Ord. 37 § 1, 1987; 1987 Code § 7.28.180)

10.28.190 Unlawful parking – Peddlers, vendors.

A. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within the city, except that such vehicles, wagons or pushcarts may stand or park only at the request of a prospective purchaser for a period of time not to exceed 10 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. No person shall park or stand on any street any 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 council, which shall designate the specific location in which such cart shall stand.

C. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart 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 competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the city manager, and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation. (Ord. 37 § 1, 1987; 1987 Code § 7.28.190)

10.28.200 Camping or sleeping in vehicles on public streets or public parking lots.

No person shall at any time camp or sleep in any vehicle or trailer parked upon any public street, alley or passageway or any public parking lot or public park in this city between the hours of 10:00 p.m. of one day and 6:00 a.m. of the next day. (Ord. 103 § 2, 1989; Ord. 37 § 1, 1987; 1987 Code § 7.28.200)

10.28.205 Restriction of parking during certain hours on publicly owned parking lots.

A. The city council by resolution may restrict the hours during which parking is permitted on any parking lot owned by the city or the public and held open for public parking.

B. It is unlawful for any person to park a vehicle in any parking lot in violation of a resolution of the city council restricting the hours during which parking is permitted on the lot.

C. A sign stating the hours during which parking is restricted or prohibited on a parking lot shall be posted at each entrance to the lot. (Ord. 213 § 1, 1995)

10.28.210 Recreational vehicles.

A. No person shall park any recreational vehicle on any public street or public right-of-way for more than eight hours in a 24-hour period without first obtaining a recreational vehicle permit from the city.

1. Residents may apply for a maximum of five days (no less than a 24-hour period) a month for their own recreational vehicle or a guest’s recreational vehicle.

B. Recreational vehicles must be parked within 300 feet of the resident’s property on the same street that abuts the front property line of the resident’s property.

C. No recreational vehicle shall park in a public parking lot between the hours of 10:00 p.m. through 6:00 a.m.

D. Recreational vehicles less than 22 feet in length and less than seven feet in height and less than seven feet in width do not require a permit.

E. Recreational vehicles must park at least 50 feet from an intersection.

F. No person shall park any boat or recreational trailer, including, but not limited to, boat trailers, ATV trailers, motorcycle trailers, etc., on any public street or public right-of-way for a period of more than two hours. (Ord. 459 § 2, 2015; Ord. 37 § 1, 1987; 1987 Code § 7.28.210)

10.28.220 Parking on hills.

No person shall park or leave standing any vehicle unattended on any street within any business or residence district when upon a grade exceeding three percent without blocking the wheels of such vehicle by turning them against the curb or by other means. (Ord. 37 § 1, 1987; 1987 Code § 7.28.220)

10.28.225 Chalk marks.

A. The owner or operator of any motor vehicle exercising the privilege of parking a vehicle on any street or portion thereof where regulations are in effect restricting the length of time vehicles may be parked on a street or portion thereof does so on the condition that the peace officers or city employees charged with enforcement of this code may place chalk or other removable marks on the tire of the vehicle for the purpose of enforcing such parking regulations.

B. It is unlawful for any person to erase, rub out, conceal or otherwise remove, any chalk or other mark so placed by a peace officer or city employee charged with enforcement of this code while the marked vehicle remains parked on the said street or portion thereof. For the purpose of this section, the movement of a previously marked vehicle in such a manner as to cause the tire marking to be concealed or removed, and without leaving the parking space or the block where such vehicle was parked when its tires were previously marked shall be deemed to be an erasure or removal of such chalk or other marking. (Ord. 502 § 3, 2019)

Article II. Zones for Loading or
Unloading Only

10.28.230 Council to establish zones.

The city council may by resolution determine the location of and establish loading zones, passenger loading zones and bus loading zones. (Ord. 37 § 1, 1987; 1987 Code § 7.28.230)

10.28.240 Loading zones.

Loading zones shall be indicated by appropriate signs indicating such zone, or by a yellow line stenciled with black letters “LOADING ONLY” upon the top or side of all curbs within such zones. (Ord. 37 § 1, 1987; 1987 Code § 7.28.240)

10.28.250 Passenger loading zones.

Passenger loading zones shall be indicated by appropriate signs or by a white line stenciled with black letters “PASSENGER LOADING ONLY” upon the top or side of all curbs within such zones. (Ord. 37 § 1, 1987; 1987 Code § 7.28.250)

10.28.260 Bus loading zones.

Bus loading zones shall be indicated by appropriate signs or by a white line stenciled with white letters “NO STANDING” together with the words “BUS ZONE” on the top or side of all curbs within such zones. (Ord. 37 § 1, 1987; 1987 Code § 7.28.260)

10.28.270 Only bus to use bus loading zones.

No person shall stop, stand or park any vehicle except a bus in a bus loading zone. (Ord. 37 § 1, 1987; 1987 Code § 7.28.270)

10.28.280 Curb markings to indicate no stopping and parking regulations.

A. The city manager is authorized, subject to the provisions and limitations of this title, to place, and when required in this title, shall place the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meaning set forth in this section:

1. Red shall mean no stopping, standing or parking at any time, except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signposted as a bus zone.

2. Yellow shall mean 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 loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than 20 minutes.

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

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

b. When such zone is in front of a theater, the restrictions shall apply at all times, except when such theater is closed; or for the purpose of depositing mail in an adjacent mailbox.

4. Green shall mean no standing or parking for longer than 20 minutes at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays.

5. Blue shall mean parking limited exclusively to the vehicles of physically handicapped persons.

B. When there are no curbs, the city manager shall indicate the parking or standing regulations by installing, in lieu of curb markings, appropriate signs giving notice of such regulations, or by placing the curb marking on the edge of the improved portion of the roadway.

C. When the city manager, pursuant to this title, has caused curb markings or appropriate signs to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking or adjacent to the side of any roadway so appropriately signed, in violation of any of the provisions of this section or of such curb markings or signs. (Ord. 37 § 1, 1987; 1987 Code § 7.28.280)

10.28.290 Effect of permission to load or unload.

A. Permission granted in this chapter 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 20 minutes.

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

C. Permission granted in this chapter to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor and in no event for more than three minutes.

D. Within the total limit above specified, 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 granted by this section. (Ord. 37 § 1, 1987; 1987 Code § 7.28.290)

10.28.300 Standing for loading or unloading only.

No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in SBMC 10.28.290. (Ord. 37 § 1, 1987; 1987 Code § 7.28.300)

10.28.310 Standing in an alley.

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. (Ord. 37 § 1, 1987; 1987 Code § 7.28.310)

Chapter 10.28STOPPING, STANDING AND PARKING

10.28.010 Application of regulations.