* For state law as to uniformity of state traffic laws and applicability to municipalities, see Veh. C., § 21. As to powers of local authorities to regulate traffic, see Veh. C., § 21100.
As to placing handbills in vehicles, see § 3.4 of this Code. As to traffic regulations for bicycles, see §§ 7.1 to 7.13. As to requirements for warning lights on buildings moved over streets at night, see § 9.31. As to transportation of garbage over streets, see § 16.13. As to identification stickers for vehicles operated by persons for whom business licenses are required, see § 18.33. As to trains blocking streets and traffic, see § 20.38. As to speed of trains, see § 20.39. As to riding vehicles in parks, see § 21.11. As to trucks and other commercial vehicles in parks, see § 21.12. As to speed limit of motor vehicles in parks, see § 21.13. As to marking of vehicles used by private patrolman, see § 25.4. As to trees interfering with pedestrians or traffic, see § 34.4. As to trees and other obstructions near intersections, see §§ 34.6 to 34.12.

ARTICLE I. IN GENERAL

19.1 Definitions*—Generally.

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

Alley. A public highway without curbs or sidewalks which does not exceed twenty-five feet in width between property lines.

Loading zone. That 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. All signs, signals, markings and devices not inconsistent with this chapter, heretofore or hereafter placed or erected under this chapter, as authorized by the Vehicle Code of the state or by the authority of the city council.

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

Parking. To stop or allow to stand any vehicle, whether occupied or not, otherwise than in obedience to official traffic-control devices or by direction of a police officer.

Parkway. That portion of a street other than a roadway or a sidewalk.

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

Pedestrian. Any person afoot.

Policeman. Every sworn member of the police department or any employee of the city authorized by the chief of police to direct or regulate traffic or to make arrests for violations of the traffic regulations.

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 direction of a police officer or official traffic-control device.

Taxi stand. A public place alongside the curb of a street or elsewhere in the city which has been designated by the city manager as reserved exclusively for the use of taxicabs under the provisions of chapter 33 of this Code.

Traffic. Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel. (Ord. No. 1106, § 1.01.)

* For state law definitions contained in Vehicle Code, see Veh. C., §§ 100 to 675.

19.2 Same—Adoption of state law.

In addition to the definitions set forth in the preceding section, all definitions of words and phrases set forth in the state Vehicle Code* are hereby incorporated in this chapter as though set forth in full herein. (Ord. No. 1106, § 1.02.)

* See Veh. C.A., §§ 31 to 90.1.

19.3 Obedience to chapter.*

It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. (Ord. No. 1106, § 2.02.)

* For state law as to required obedience to traffic laws, see Veh. C.A., § 450.

19.4 Direction of traffic by policemen.

Members of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, members of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. (Ord. No. 1106, § 2.01.)

19.5 Direction of traffic by firemen.

Members of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (Ord. No. 1106, § 2.01.)

19.6 Obedience to police and firemen.*

No person shall wilfully fail or refuse to comply with any lawful order, direction or signal of a police officer or firefighter. (Ord. No. 1106, § 2.03.)

* For state law as to obedience to police, see Veh. C.A., § 451. As to required obedience to firefighters in absence of police, see Veh. C.A., § 451.1.

19.7 Direction of traffic by unauthorized persons.

No person other than a member of the police department or a person assigned by the chief of police or person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate when and as provided in this chapter, any mechanical push-button signal erected by order of the city manager. (Ord. No. 1106, § 2.04.)

19.8 Public employees to obey traffic regulations.*

The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state or any county or city, and it shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter, or by state statute. (Ord. No. 1106, § 2.05.)

* For state law as to applicability of traffic laws to operators in course of public employment, see Veh. C. A., § 453.

19.9 Exemptions to emergency, etc., vehicles.

The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code* in response to an emergency call.

The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his or her wilful disregard of the safety of others.

The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or maintenance work upon the streets of the city or any vehicle used by the United States for the collection, transportation or delivery of United States mail. (Ord. No. 1106, § 2.06.)

* See Veh. C.A., § 454.

19.10 Repealed by Ordinance No. 1983.

19.11 Reports by garagemen of damaged vehicles.

The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in Section 19.10 of this Code shall, during such periods as designated by the chief of police, notify the police department immediately after such motor vehicle is received. (Ord. No. 1106, § 2.07.)

19.12 Report of repossession of vehicle.

Every person who shall repossess in the city any motor vehicle sold, exchanged or financed by such person shall, immediately after such repossession, make out and file, either in person or by an authorized agent, at the police department, a full and complete report of the repossession of such vehicle. Such report shall be written and shall contain the name and address of the person making the repossession; the name and address of the person from whom the repossession was made; and the make, the state license number, motor number, style and seating capacity of the motor vehicle repossessed. Such report shall not be required when a repossession is made with the knowledge of the person in charge of the vehicle. (Ord. No. 1106, § 2.07.)

19.13 State speed limit decreased on certain streets.*

It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is declared that the prima facie speed limit shall be thirty-five miles per hour on those street or parts of streets herein designated when signs are erected giving notice thereof:

Fair Oaks Avenue, north from State Street to Columbia Street;

Fair Oaks Avenue, south from Columbia Street to State Street;

State Street between Fair Oaks Avenue and the northerly city limits;

Pasadena Avenue from Monterey Road to the westerly city limits. (Ord. No. 1106, § 12.01; Ord. No. 1186, § 3; Ord. No. 1210, § 1; Ord. No. 2281, § 2, 2015.)

* For state law as to power of local authorities to alter speed limits, see Veh. C. A., § 511.3.

19.13-1 Speed limits.

(a) This subsection is adopted under the authority of Section 22357 of the California State Vehicle Code giving local authorities the right to increase speed limits greater than twenty-five miles per hour. This council, in adopting this section, has read and considered the engineering and traffic survey conducted at the instance of the South Pasadena police department and it determines that a prima facie speed limit of twenty-five miles per hour is less than is reasonable or safe upon such streets. This council further determines that the respective increases are appropriate to facilitate the orderly movement of traffic and are reasonable and safe. Appropriate signs giving notice of the prima facie speed limits shall be erected and maintained under the supervision of the city manager.

No person shall drive a vehicle upon any of the streets hereinafter described at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surface and width of, the highway, and at no event at a speed which endangers the safety of persons or property, this being known as the basic rule. The speed of any vehicle upon any of such streets not in excess of the limit hereinafter specified is lawful unless clearly proved to be in violation of the basic rule. The speed of any vehicle upon any of the streets in excess of the limit specified is prima facie unlawful unless the driver establishes by competent evidence that his or her speed in excess of such limit did not constitute a violation of the basic rule at the time, place and under the conditions then existing. The prima facie speed limits are as follows:

Arroyo Drive between Columbia Street and Pasadena Avenue—Thirty-five miles per hour;

Atlantic Avenue between Garfield Avenue and Pine Street—Thirty-five miles per hour;

Collis Avenue between Hill Drive and west city limit—Thirty-five miles per hour;

Fair Oaks Avenue between State Street and Monterey Road—Thirty miles per hour;

Fair Oaks Avenue between Monterey Road and Huntington Drive—Thirty-five miles per hour;

Fremont Avenue between Columbia Street and Alhambra Road—Thirty miles per hour;

Garfield Avenue between Atlantic Boulevard and Monterey Road—Thirty-five miles per hour;

Garfield Avenue between Monterey Road and Grevelia Street—Thirty miles per hour;

Grevelia Street between Fair Oaks Avenue and Garfield Avenue—Thirty miles per hour;

Huntington Drive between Garfield Avenue and Alhambra Road—Forty miles per hour;

Marmion Way between west city limit and Pasadena Avenue—Thirty miles per hour;

Mission Street between Fair Oaks Avenue and Pasadena Avenue—Thirty miles per hour;

Mission Street between Garfield Avenue and Fair Oaks Avenue—Thirty miles per hour;

Monterey Road between Garfield Avenue and Fair Oaks Avenue—Thirty miles per hour;

Monterey Road between Fair Oaks Avenue and Pasadena Avenue—Thirty-five miles per hour;

Monterey Road between Pasadena Avenue and west city limit—Thirty-five miles per hour;

Orange Grove Avenue between Columbia Street and Mission Street—Thirty miles per hour;

Pasadena Avenue between Monterey Road and Mission Street—Thirty miles per hour.

(b) This subsection is adopted under the authority of section 22358.4 of the California State Vehicle Code (CVC) giving local authorities the right to declare prima facie speed limits in school zones. The city council hereby adopts the following prima facie speed limits on highways, streets and roads adjacent to schools in residential districts, subject to the criteria set forth in section 22358.4(b) of the CVC:

(1) Fifteen miles per hour for a distance of up to five hundred feet from a school site;

(2) Twenty-five miles per hour for a distance between five hundred and one thousand feet from a school site.

The aforementioned speed limits shall not become effective until appropriate signs giving notice of the prima facie speed limits are erected. Said prima facie speed limit signs shall be erected and maintained under the supervision of the city manager.

(c) This subsection is adopted under the authority of Section 22358.3 of the California Vehicle Code giving local authorities the right to decrease speed limits less than twenty-five miles per hour. This council, in adopting this section, has read and considered the engineering and traffic survey conducted at the instance of the South Pasadena police department and it determines that a prima facie speed limit of twenty-five miles per hour is more than is reasonable or safe upon such streets. This council further determines that the respective decreases in are appropriate to facilitate the orderly movement of traffic and are reasonable and safe. Appropriate signs giving notice of the prima facie speed limits shall be erected and maintained under the supervision of the city manager.

Peterson Avenue between Hanscom Drive and Hill Drive—Twenty miles per hour;

Peterson Avenue between Harriman Drive and Hanscom Drive—Fifteen miles per hour;

Hanscom Drive between Peterson Avenue and Illinois Drive (north)—Twenty miles per hour. (Ord. No. 1308; Ord. No. 1314, § 34; Ord. No. 1422, § 1; Ord. No. 1625, §§ 1, 2; Ord. No. 1744, § 1; Ord. No. 1983, § 38; Ord. No. 2034 § 1; Ord. No. 2046, § 1; Ord. No. 2094-A, § 2; Ord. No. 2181, § 2, 2008; Ord. No. 2195, § 1, 2009; Ord. No. 2262, § 2, 2014; Ord. No. 2281, § 2, 2015.)

19.14 Regulation of speed by traffic signals.*

The city manager is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof. (Ord. No. 1106, § 12.02.)

* For state law as to regulation of speed by traffic signals, see Veh. C., § 22401.

19.15 Prohibition as to turns—Generally.

The city manager is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall plainly be indicated on the signs or they may be removed when such turns are permitted.

Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Ord. No. 1106, §§ 4.02, 4.03.)

19.16 Same—At stop signals.

The city manager is authorized to determine those intersections at which drivers of vehicles shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the directions of any such sign. (Ord. No. 1106, § 4.04.)

19.17 One-way streets—Erection of signs.

On all highways of the type described in Section 21651 of the Vehicle Code and upon any street or alley designated a one-way street or alley by the city council the city manager 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. 1106, § 5.01; Ord. No. 1983, § 39.)

19.18 Same—Huntington Drive.

Huntington Drive is designated as a one-way street. It is divided into north and south drives. It is unlawful to drive any vehicle on Huntington Drive north, between Garfield Avenue and Pine Street, except in a general westerly direction and between Pine Street and Kendall Street, except in a general southerly direction. It is unlawful to drive any vehicle on Huntington Drive south, between Alhambra Road and a point opposite the Pine Street intersection, except in a general northerly direction and between such point and Garfield Avenue, except in a general easterly direction. (Ord. No. 1115, § 1.)

19.19 Same—Oneonta Drive.

Oneonta Drive, between Summit Drive and Bonita Drive, is hereby designated as a one-way street and it is unlawful for any person to drive any vehicle thereon between the points indicated, except in a general southerly direction. (Ord. No. 1191, § 1.)

19.19-1 Same—Grevelia Street.

Grevelia Street, between Mound Avenue and Fair Oaks Avenue, is designated a one-way street for eastbound vehicular traffic only. Westbound vehicular traffic at such location is prohibited. Eastbound vehicular traffic reaching Fair Oaks Avenue on Grevelia Street must turn to the right (or south on Fair Oaks Avenue); a left turn so as to proceed north on Fair Oaks Avenue is hereby prohibited. Furthermore it is forbidden for eastbound traffic from Grevelia Street west of Fair Oaks Avenue to cross Fair Oaks Avenue and enter Grevelia Street east of Fair Oaks Avenue. Pursuant to Section 19.17 of this code, the city manager shall cause suitable signs giving notice of the foregoing restrictions to be placed and maintained on such street. (Ord. No. 1262, § 1.)

19.20 Truck routes generally.

(a) Whenever any section of this chapter designates and describes any street or portion thereof as a street, the use of which is permitted by any commercial vehicle exceeding a maximum gross weight of six thousand pounds, laden or unladen, the city manager is authorized and instructed to designate such street by appropriate signs such as “Truck Route’ for the movement of commercial vehicles exceeding a maximum gross weight of six thousand pounds, laden or unladen.

(b) When any such truck route is so established and designated by appropriate signs, the operator of any commercial vehicle exceeding a maximum gross weight limit of six thousand pounds, laden or unladen, shall drive on such route and none other except that nothing in this section shall prohibit the operator of any commercial vehicle exceeding a maximum gross weight of six thousand pounds, laden or unladen, coming from a truck route in the city from having ingress and egress by direct route to and from a restricted street in the city when necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted street in the city or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted street in the city for which a building permit has previously been obtained thereof.

(1) Passenger buses under the jurisdiction of the public utilities commission of the state, or

(2) Any vehicle used by a municipality, public agency or public utility while necessarily in use in the construction, installation or repair of any public utility or public way.

(d) Those streets and parts of streets hereinafter described are declared to be truck routes for the movement of commercial vehicles exceeding a maximum gross weight of six thousand pounds, laden or unladen:

Fair Oaks Avenue between Huntington Drive and the northerly city limits;

Huntington Drive between the westerly city limits and the easterly city limits;

Pasadena Avenue between the westerly city limits and Mission Street;

Mission Street between Pasadena Avenue and Fair Oaks Avenue;

Fremont Avenue between Alhambra Drive and the south drive of Huntington Drive. (Ord. No. 1106, § 10.01; Ord. No. 1244, § 1; Ord. No. 2139. § 1.)

19.21 Heavy trucks prohibited on Pasadena Freeway; exceptions.

It is unlawful, when authorized signs are in place giving notice thereof, to drive, propel or cause to be driven or propelled any commercial vehicle exceeding a maximum gross weight limit of six thousand pounds, laden or unladen, on that portion of the state highway system commonly known as the Pasadena Freeway, commencing at the city limits of this city contiguous to the city limits of Los Angeles and extending to the city limits of this city contiguous to the city limits of Pasadena. An alternate route is designated as follows:

Beginning on Pasadena Avenue at the westerly city limits; thence easterly and northerly on Pasadena Avenue to Mission Street; thence easterly on Mission Street to Fair Oaks Avenue; thence northerly on Fair Oaks Avenue to the northerly city limits.

This section shall not prohibit such vehicles from using the Pasadena Freeway or any portion thereof where necessary for the picking up or the delivery of goods, wares, merchandise or material from or to any building or structure located on such Freeway, or any tow or repair truck servicing disabled vehicles thereon. Nor shall this section apply to any vehicle which is subject to the provisions of section 50 1/4 of the Public Utilities Act of the state nor to any public utility vehicle necessarily in use in the construction, installation or repair of any public utility. (Ord. No. 1158, § 1.)

19.21-1 Vehicles, etc., having greater weight or width than permitted by state law—Permit required.

It shall be unlawful for any person to operate or move or haul upon any public street in the city any vehicle, motor vehicle, machinery, equipment or contrivance having a greater weight or width or length than the weight or width or length permitted by the California Vehicle Code, Division 15 without first having obtained from the director of public works of the city a permit as provided in Section 19.21-2 hereof to do so. It shall be unlawful for any person to operate or move or haul upon any public street any vehicle, motor vehicle, machinery, equipment or contrivance in violation of the provisions of any permit issued as provided in this section and Section 19.21-2. (Ord. No. 1263, § 1; Ord. No. 1963, § 1; Ord. No. 1983, § 40.)

19.21-2 Same—Application for and issuance of permit; conditions of permit; fee for permit and display of permit.

Any person desiring to obtain a permit as provided in Section 19.21-1 hereof shall file an application in writing therefor with the director of public works of the city, giving the name and address of the applicant, a description of the vehicle, motor vehicle, machinery, equipment or contrivance to be operated, moved or hauled, together with the name and address of the person under whose immediate charge such operating, moving or hauling will be conducted. The director of public works shall thereupon, provided all requirements of the California Vehicle Act are complied with, issue to such applicant a permit, which permit shall state specifically the place from which and the place to which such vehicle, motor vehicle, machinery, equipment or contrivance is to be moved together with the streets upon which the same is to take place between such points, and no such vehicle shall be operated, moved or hauled upon any street or alley except those named in such permit. At the time of making the application for such permit, the applicant shall pay to the city a fee as established by resolution. Such permits shall not be transferable and each permit shall cover one operation, haul or movement only. Such permit shall at all times during such operation, moving, or hauling, be displayed in a prominent position upon the vehicle, motor vehicle, machinery, equipment, or contrivance to be moved. Such permit may designate the day and the time of day when such operating, moving or hauling, shall take place and shall fix a limit of time, which shall be reasonable under all of the circumstances, within which such operating, moving, or hauling shall be completed. (Ord. No. 1263, § 2; Ord. No. 1983, § 41.)

19.21-3 Same—Liability for damages.

Anything to the contrary herein notwithstanding, the owner, applicant, or operator, or driver, or mover of any such vehicle, motor vehicle, machinery, equipment, or contrivance over the streets of the city shall not be relieved of any damage or liability for damage caused to the city or to any person by reason of the operating, moving, or hauling thereof. (Ord. No. 1263, § 3.)

19.21-4 Construction-related vehicles—Southwest Monterey Hills.

(a) It shall be unlawful for any person to operate or move or haul upon any of the following public streets, in the Southwest Monterey Hills area, any vehicle, motor vehicle, machinery, equipment or contrivance having a greater weight or width or length or characteristics permitted in subsection (b) of this section:

Hanscom Drive;

Peterson Avenue;

Illinois Drive;

Hill Drive;

Harriman Avenue;

Randolph Avenue;

Hurlbert Avenue;

Elkins Street;

Moffatt Street.

(b) Construction vehicles or machinery allowed on the public street listed in subsection (a) herein, shall be limited to those meeting the following characteristics: maximum width not to exceed eight feet three inches; maximum wheelbase not to exceed two hundred twenty-four inches; maximum loaded weight not to exceed sixteen thousand pounds per axle, a maximum of three axles, with the exception of a concrete truck which can have a fourth “drop-down” axle when carrying a load; and rubberized wheels or tracks (no metal tracks). (Ord. No. 2155 § 1, 2007; Ord. No. 2179, § 1, 2008; Ord. No. 2271, § 2, 2014.)

19.22 Construction-related vehicles—Authorized hours in Southwest Monterey Hills.

(a) Construction-related vehicles are restricted from operating on any of the following streets except between the hours of eight-thirty a.m. and two p.m., Monday through Saturday:

Hanscom Drive;

Peterson Avenue;

Illinois Drive;

Harriman Avenue;

Randolph Avenue;

Elkins Street;

Moffatt Street.

(b) The maximum number of construction-related vehicles at a single site on the public streets set forth in subsection (a) of this section shall be limited to two at any given time.

(c) For the purposes of this section, “construction-related vehicles” are defined as commercially licensed vehicles, excluding passenger cars and pick-up trucks, that are used to engage in “construction activity” as defined in Section 19A.13(c) and 19.21-4 of the South Pasadena Municipal Code.

(d) The prohibition of this section shall not apply to emergency work as defined in Article I of this chapter. (Ord. No. 2153, § 2; Ord. No. 2179, § 2, 2008.)

19.23 Driving through funeral processions.*

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. 1106, § 7.01.)

* For state law as to power of local authorities to regulate processions, see Veh. C. A., § 459.

19.24 Repealed by Ordinance No. 1983.

19.25 Boarding or alighting from moving vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion. (Ord. No. 1106, § 11.01.)

19.26 Repealed by Ordinance No. 1983.

19.27 Repealed by Ordinance No. 1983.

19.28 Driving on new pavement or freshly-painted markings.

No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly-painted markings in any street when a barrier, sign, cone-marker or other warning device is in place warning persons not to drive over or across such pavement or marking. (Ord. No. 1106, § 7.04.)

19.29 Barriers.

No person shall operate a vehicle contrary to the directions or provisions of any barrier or sign erected: (a) pursuant to the provisions of this chapter or other ordinance of the city; (b) by any public utility; (c) by any department of the city; or (d) by any other person pursuant to law or contract with the city. Nor shall any unauthorized person move or alter the position of any such barrier or sign. (Ord. No. 1106, § 7.05.)

19.30 Freeways or limited-access roadways—Established entrances and exits must be used.

No person shall drive a vehicle onto or from any freeway or limited-access roadway, except at such entrances and exits as are established by public authority. (Ord. No. 1106, § 7.06.)

19.31 Repealed by Ordinance No. 1983.

19.32 Repealed by Ordinance No. 1983.

19.33 Enforcement of traffic laws.

It shall be the duty of the members of the police department or such persons 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 this city. (Ord. No. 1106, § 2.01.)

ARTICLE II. TRAFFIC-CONTROL DEVICES*

* For state law as to traffic signs, signals and markings, see Veh. C. A., §§ 465 to 478. For requirement that signs conform to uniform standards, see Veh. C. A., § 465.9.

19.34 Authority of city manager to install.*

The city manager is hereby authorized to place and maintain official traffic-control devices when and as required under the provisions of this chapter.

Whenever the Vehicle Code of the state requires, for the effectiveness of any provision thereof, that traffic-control devices be installed to give notice to the public of the application of such law, the city manager is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.

The city manager may also place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic or to guide or to warn traffic, which determination shall be upon the basis of traffic engineering principles and traffic investigations. (Ord. No. 1106, § 3.01.)

* For state law authorizing local authorities to regulate traffic by means of signaling devices, see Veh. C. A., § 459.

19.35 Installation of signs as prerequisite to enforcement of chapter or Vehicle Code.

No provisions of the Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws. (Ord. No. 1106, § 3.02.)

19.36 Street name signs required.*

Whenever the city manager installs and maintains an official traffic signal at any intersection, he or she shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic, unless such street name signs have previously been placed and are maintained at the intersection. (Ord. No. 1106, § 3.01.)

* For state law requiring street name signs at signal-controlled intersections, see Veh. C. A., § 495.92.

19.37 Lane markings on roadways.

The city manager is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. (Ord. No. 1106, § 3.03.)

19.38 Turning markers.

The city manager is authorized to place markers, buttons or signs within, adjacent to or between intersections indicating the course to be traveled by vehicles turning thereat, and to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left-hand turns; and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

When authorized markers, buttons or other indications are placed within an intersection, or between intersections, indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. (Ord. No. 1106, § 4.01.)

19.39 Hours of operation.

The city manager shall determine the hours and days during which any traffic-control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter. (Ord. No. 1106, § 3.01.)

19.40 Removal, relocation or discontinuance.

The city manager is hereby authorized to remove, relocate or discontinue the operation of any traffic-control device not specifically required by state law or this chapter, whenever he or she shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain. (Ord. No. 1106, § 3.01.)

ARTICLE III. STOPPING, STANDING AND PARKING*

Editor’s note. The ordinances which prohibit or limit parking on particular streets are not printed herein because of their frequent amendments. These ordinances are saved from repeal by the Adopting Ordinance. Copies of such ordinances are on file in the city clerk’s office.

* For state law as to power of local authorities to prohibit, etc., parking, see Veh. C. A., § 459.8. As to stopping, standing and parking generally, see Veh. C. A., §§ 582 to 592.1. See also, Veh. C. A., § 595.1. As to parking spaces for bicycles, see § 7.13 of this Code. As to parking vehicles on bridle paths of Arroyo Park, see § 21.14. As to parking of taxicabs in business district, see § 33.8. As to taxicab stands, see §§ 33.11 and 33.12.

DIVISION 1. GENERALLY

19.41 Applicability of article.

The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with directions of a police officer or official control device.

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. 1106, § 9.01.)

19.42 Curb markings.

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

(a) 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 signed as a bus zone.

(b) Yellow shall mean no stopping, standing or parking at any time between 6:00 a.m. and 6:00 p.m. of any day, except Sundays, for any purpose other than the 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 twenty minutes. The loading or unloading of materials shall apply only to commercial deliveries.

(c) 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 restrictions shall apply between 7:00 a.m. and 4:00 p.m. of any day, except Sundays, and except as follows:

(1) When such zone is in front of an auditorium or theater, the restrictions shall apply all times except when such theater or auditorium is closed.

(2) When such zone is adjacent to a school (public or private), the restrictions shall apply between 7:30 a.m. to 8:30 a.m. and 2:00 p.m. to 3:30 p.m., Monday through Friday, when school is in session; with the exception that for schools with late start scheduling, the restrictions shall apply between 7:30 a.m. to 9:30 a.m. and 2:00 p.m. to 3:30 p.m., Monday through Friday.

(d) Green shall mean no standing or parking for longer than fifteen minutes at any time between 6:00 a.m. and 6:00 p.m. of any day, except Sundays.

When the city manager, as authorized under this section, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking, in violation of any of the provisions of this section. (Ord. No. 1106, § 9.12; Ord. No. 1631, § 1; Ord. No. 1643, § 1; Ord. No. 1983, § 42; Ord. No. 2286, § 1, 2015.)

19.43 Prohibited in parkways.

No person shall stop, stand or park a vehicle within any parkway. (Ord. No. 1106, § 9.02.)

19.44 Prohibited in specified places when signs, etc., erected.*

When official signs or curb markings are installed at the following places, no person shall stop, stand or park a vehicle in any of such places:

(1) At any place within twenty feet of a point on the curb immediately opposite the mid-block end of a safety zone.

(2) At any place within thirty feet of an intersection in a business district, except that a bus may stop at a designated bus stop.

3. Within thirty feet of the approach to any traffic-control device.

4. At any place where the city manager determines that it is necessary in order to eliminate an unusual traffic hazard.

5. Those streets or portions of streets upon which parking shall be prohibited at all times or during certain hours; except by permit. (Ord. No. 1106, § 9.09; Ord. No. 2209, § 1, 2010.)

* For state law as to prohibition of parking in specified places, see Veh. C.A., § 586.

19.45 Parking regulations on particular streets.

Those streets or portions of streets upon which parking shall be prohibited at all times or during certain hours or upon which parking shall be limited to certain periods of time by the city council shall be designated by the city manager by appropriate signs. When authorized signs are in place giving notice of such prohibition or limitation, no person shall stop, stand or park any vehicle in violation of such sign. (Ord. No. 1106, § 9.17.)

19.46 Parking spaces.

(a) The city manager is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. When such parking space markings are placed in the highway, subject to other and more restrictive limitations, 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) The city council, by resolution, is hereby authorized to determine upon what streets angle parking shall be permitted and to have such places marked by the painting of white lines upon the surface of the roadway to indicate the proper angle for parking. (Ord. No. 1106, § 9.06; Ord. No. 2254, § 1, 2013.)

19.47 Parking for more than seventy-two hours—Prohibited.

No person who is the registered owner of a vehicle and no person who has possession or control of any vehicle, shall park, or allow to be parked, such vehicle upon any public way for longer than a consecutive period of seventy-two hours. (Ord. No. 1106, § 9.03; Ord. No. 1420, § 1.)

19.48 Same—Removal of vehicle.

In the event a vehicle is parked or left standing upon a public way in excess of a consecutive period of seventy-two hours, any member of the police department may remove the vehicle from the street in the manner and subject to the requirements of the Vehicle Code. (Ord. No. 1106, § 9.03; Ord. No. 1420, § 1.)

19.49 Parking for certain purposes prohibited.

No person shall park a vehicle upon any roadway for the principal purpose of:

(a) Displaying such vehicle for sale; or

(b) Washing, servicing, repairing or otherwise working on such vehicle, except repairs necessitated by an emergency. (Ord. No. 1106, § 9.04; Ord. No. 2239, § 1, 2012.)

19.49-1 Mobile food vending.

(a) Authority. The herein SPMC Section 19.49-1 is adopted pursuant to the authority granted to the city of South Pasadena by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place and manner of vending from vehicles upon the street in order to promote public safety.

(b) Definitions. For purposes of this chapter, the following words or phrases shall have the following meanings:

(1) Food or Food Products. Any type of edible substance or beverage.

(2) Mobile Food Vendor. A person who operates or assists in the operation of a vending vehicle.

(3) Vend or Vending. To sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a vending vehicle.

(4) Vendor. A person who vends, including an employee or agent of a vendor.

(5) Vending Vehicle. Any motorized device or vehicle by which any person or property may be propelled or moved upon a highway from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle.

(c) Mobile Food Vendors in the Public Right-of-Way. A mobile food vendor may locate his or her vehicle in the public right-of-way as long as the mobile food vendor adheres to the following time, place, and manner restrictions:

(1) The vending vehicle is in full compliance with all parking and Vehicle Code provisions that apply to the location at which it is parked.

(2) The mobile food vendor shall display at least one “no smoking” sign (see Article V (Smoking—Prohibited) of Chapter 17 (Health and Sanitation) of the South Pasadena Municipal Code).

(3) The mobile food vendor has a valid permit, certificate or other required approval from the Los Angeles County department of health (or from an agency or department duly authorized to act on behalf of the Los Angeles County department of health), including visible display of food-grade cards (if issued); the mobile food vendor has available for review the most recent and current Los Angeles County vehicle inspection report; and the mobile food vendor operates in compliance with the California Retail Food Code, including California Health and Safety Code Section 114315(a), which mandates that a “food facility shall be operated within two hundred feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.”

(4) The mobile food vendor has a valid business license from the city. As part of its application for a business license, the mobile food vendor shall furnish to the city evidence of insurance, as deemed acceptable in the reasonable discretion of the city, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

(5) All vending vehicles shall be inspected by the South Pasadena fire department prior to issuance or renewal of a business license involving use of the vending vehicle. All vending trucks shall comply with National Fire Protection Association (NFPA) 96. The business license must be renewed at City Hall, and applications are subject to South Pasadena fire department inspection per NFPA 96.

(6) No mobile food vendor may operate a vehicle:

(A) Within twenty-five feet from the outer edge of any driveway or vehicular entrance to public or private property. The twenty-five feet is to be measured from the front or back of the mobile vending vehicle (whichever is closer to the driveway or vehicular entrance) to the outer edge of the driveway or vehicular entrance.

(B) Within twenty-five feet of any street intersection as defined by Vehicle Code Section 365, or as said Vehicle Code definition is amended.

(D) Between the hours of seven a.m. and four p.m. of any school day session, within three hundred feet of the nearest property line of any property in which a school grades K to 12 building is located.

(E) Within twenty-five feet of a marked crosswalk or a stop bar.

(7) The mobile food vendor shall not encroach onto a public sidewalk or parkway with any part of its vending vehicle or any other equipment or furniture related to the operation of its business, unless he/she obtains a public works encroachment permit, except in the case of a waste receptacle.

(8) The vending vehicle or patrons do not obstruct pedestrian or vehicular traffic. Minimum pedestrian clearance of four feet is provided at all times on sidewalk.

(9) Vending is prohibited on the exposed street and/or vehicular traffic side of the vending vehicle.

(10) The mobile food vendor shall maintain in the immediate vicinity of the vending vehicle clearly designated noncombustible waste receptacles, which will reasonably accommodate the immediate waste needs generated by the mobile food vendor’s sales.

(11) No hookups to electricity, water, or sewer.

(12) The mobile food vendor shall not discharge any liquid (e.g., grease, oil, water) onto or into city streets, storm drains, catch basins, or sewer facilities.

(13) The mobile food vendor shall be subject to the noise provisions set forth in Chapter 19A of the SPMC.

(14) All food products sold or provided from the vending vehicle shall comply with all applicable food-labeling requirements established by the state of California, and the mobile food vendor must obtain all required permits, including without limitation, health permits, to sell or provide such items.

(15) Any use of a portable sidewalk sign (being defined as “a temporary A-frame or sandwich board sign that is placed on a public sidewalk to advertise a nearby business,” or as hereafter amended in definition as provided in Section 36.320.110 of the SPMC) by a mobile food vendor in the ownership, operation or use of a vending vehicle shall be subject to all of the requirements of subsection (E) of the SPMC Section 36.320.080 Standards for specific types of signs, or as such requirements are hereafter amended.

(d) Compliance with State and Local Laws. Mobile food vendors shall comply with all applicable state and local laws. (Ord. No. 2249, § 2, 2013; Ord. No. 2327, § 2, 2019.)

19.49-2 Parking of advertising vehicles prohibited.

(a) Definitions. For purposes of this section, the following words or phrases shall have the following meanings:

(1) Mobile Billboard Advertising Display. An advertising display that is attached to a vehicle or any other mobile, non-motorized device, conveyance, or bicycle that carries, pulls, or transports a sign or billboard and is for the primary purpose of advertising.

(b) No person shall park any mobile billboard advertising display as defined herein, either standing alone or attached to a motor vehicle, upon any public street or public lands in the city of South Pasadena.

(c) Removal of Mobile Billboard Advertising Displays Authorized. Pursuant to Section 22651(v) and (w) of the California Vehicle Code, a peace officer, or any regularly employed and salaried employee of the city, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations, may remove, or cause to be removed, the mobile billboard advertising display, or anything that the mobile billboard display is attached to, including a motor vehicle, located within the territorial limits of the city when the mobile advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:

(1) When a mobile billboard advertising display either standing alone or attached to a motor vehicle, is parked or left standing in violation of this Code, and the registered owner of the vehicle or display was previously issued a warning notice or citation for the same offense;

(2) A warning notice or citation was issued to a first-time offender at least twenty-four hours prior to the removal of the vehicle or display. The city is not required pursuant to Section 22651(v)(2) and (w)(2) of the California Vehicle Code to provide further notice for a subsequent violation prior to enforcement; and

(3) The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of this section that may include removal of the vehicle or display.

(d) Permanent Advertising Signs Excepted. Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.

(e) Post-Storage Impound Hearing. Section 22852 of the California Vehicle Code applies to this section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the city directs the storage of a vehicle, the city shall direct the storage operator to provide the vehicle’s registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within forty-eight hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within ten days of the date appearing on the notice. The city may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.

(f) Violation—Penalties. After the initial warning citation, a subsequent violation of this section is a misdemeanor, punishable upon conviction by a fine of not less than two hundred fifty dollars, nor more than one thousand dollars, or by imprisonment in the County Jail for not more than six months, or by both fine and imprisonment. At the discretion of any person duly authorized by the chief of police to issue a citation for any violation of this section, or the South Pasadena city attorney’s office, a violation of this section may be an infraction enforced through the parking penalty process set forth in Section 40200 et seq., of the California Vehicle Code. The city council may establish from time to time by resolution an increase in the amount of the fine.

(g) Severability. If any provision of this section or its application is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of this section, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. (Ord. No. 2275, § 2, 2014.)

19.50 Parking on left-hand side of roadways.*

Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left-hand curb facing in the direction of traffic movement upon any one-way street, unless the city manager has caused signs to be erected prohibiting such 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 the city manager has caused signs to be erected permitting such standing or parking. (Ord. No. 1106, § 9.05.)

* For state law as to power of local authorities to permit left-hand parking on one-way streets, see Veh. C., § 22503.

19.51 Parking adjacent to schools.

The city manager is authorized to place signs or markings indicating no parking upon that side of any street or portion thereof adjacent to any school property, when such parking would, in his or her opinion, interfere with traffic or create a hazardous condition. When official signs or markings are installed indicating no parking upon the side of a street or portion thereof adjacent to any school property, no person shall park a vehicle in any such designated place. (Ord. No. 1106, § 9.07.)

19.52 Parking on hills.*

No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent within any business or residential district, without blocking the wheels of the vehicle by turning them against the curb or by other means. (Ord. No. 1106, § 9.08.)

* For state law as to local regulation of parking on hills, see Veh. C., § 22509.

19.53 Emergency no parking signs.

Whenever the chief of police 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, he or she 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 chief of police 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 chief of police 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. (Ord. No. 1106, § 9.10.)

19.54 Parking, stopping, etc., in alleys.

When official signs prohibiting parking are in place, no person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of materials in any alley. Such parking shall not exceed twenty minutes and in no event shall the driver of such vehicle leave less than ten feet of unobstructed passage. (Ord. No. 1106, § 9.14.)

19.55 Parking on private or public property.

(a) Parking on Private Property. It is unlawful for any person to allow any motor vehicle or any part thereof to remain stationary upon any private property without the written consent of the owner or occupant thereof.

(b) Parking on Public Property. It is unlawful for any person to allow any motor vehicle or any part thereof to remain stationary upon any public property without the written consent of the city manager. (Ord. No. 1106, § 9.19; Ord. No. 1344, § 1.)

19.55-1 Parking on private property—Signs.

No person shall erect or maintain, or suffer or permit to be erected or maintained, any sign or notice in connection with Vehicle Code Section 22658, except in the following manner:

(1) No sign shall exceed four hundred seventy-five square inches in area;

(2) The specifications for the sign are eighteen inches by twenty-four inches;

(3) Only one sign for every one thousand square feet. (Ord. No. 1870, § 1.)

19.55-2 Parking on city-owned or operated off-street parking facilities.

The city council may establish by resolution prohibitions, restrictions or regulations on the parking, stopping or standing of vehicles on any off-street parking facility which the city of South Pasadena owns or operates. Upon the establishment of any such limitation, the city manager is authorized to and shall place signs or markings in the affected off-street parking facility sufficient to give notice of such limitation. When such signs or markings are installed, no person shall stand, stop or park a vehicle in violation of such limitation. (Ord. No. 2062, § 1.)

19.55-3 Parking prohibited during certain hours in city-owned and operated facility.

It is unlawful for any person to stop, stand, or park a motor vehicle in the city-owned parking structure, located at Mission-Meridian Village (MMV), between the hours of 2:00 a.m. and 4:00 a.m. of any given day absent a lease agreement approved by the city council. (Ord. No. 2265, § 1, 2014; Ord. No. 2320, § 1, 2017.)

19.55-4 Parking permit required during certain hours in city-owned and operated facility.

It is unlawful for any person to stop, stand, or park a motor vehicle in the city-owned operated parking structure, located at Mission-Meridian Village (MMV), between the hours of 4:00 a.m. and 12:00 p.m. Monday through Friday; except by permit. (Ord. No. 2265, § 2, 2014; Ord. No. 2295, § 1, 2016.)

19.56 Loading zones.

The city manager is authorized to determine and to mark by signs or curb markings loading zones and passenger loading zones in front of or adjacent to any place of business, school, public building, hall or place used for the purpose of public assembly.

In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.

Whenever curb marking is used, loading zones shall be indicated by a yellow paint line stencilled with black letters, “LOADING ONLY,” upon the top of all curbs within such zones.

Whenever curb marking is used, passenger loading zones shall be indicated by a white line stencilled with black letters, “PASSENGER LOADING ONLY,” upon the top of all curbs in such zones. (Ord. No. 1106, § 9.11.)

19.57 Bus zones.*

(a) Definition of “Bus.” The word “bus,” as used in this section, shall mean any motorbus, motor coach, trackless trolley coach or passenger stage used as a common carrier of passengers.

(b) Authority to Establish, etc. The city manager is hereby authorized to establish bus zones for the loading and unloading of busses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth in this section.

(c) Length. No bus zone shall exceed eighty feet in length, except that, when satisfactory evidence has been presented to the city manager showing the necessity therefor, the city manager may extend bus zones not to exceed a total length of one hundred thirty feet.

(d) To Be on Far Side of Intersection. Bus zones shall normally be established on the far side of an intersection.

(e) Identification. Bus zones shall be indicated by signs or a red line stencilled with white letters “NO STANDING,” together with the words “BUS ZONE” upon the top of all curbs within such zones.

(f) Maximum Time for Use. No bus shall stand in any bus zone longer than necessary to load or unload passengers, except that, at a terminus, such time shall not exceed fifteen minutes.

(g) Vehicles Other Than Buses Prohibited. No person shall stop, stand or park any vehicle except a bus in any bus zone. (Ord. No. 1106, § 9.16.)

* For state law as to authority of city to regulate bus stops, see Veh. C.A., § 589.6.

19.57-1 Oversized vehicles.

(a) No person, at any time, shall park or leave (or permit the same to be done) on any public right-of-way, any vehicle which has any of the following:

(1) A height in excess of eight feet, as measured between the grade of the public right-of-way to the roofline of the vehicle;

(2) A length in excess of twenty-five feet, as measured between the furthest points of front and rear extensions of the vehicle; and

(3) A width in excess of eight feet, as measured between the furthest points (excluding mirrors) of each side extension of the vehicle.

(b) No person, at any time, shall park or leave (or permit the same to be done) on any public right-of-way, any boat or vehicle carriage, conveyance or trailer, or any contrivance designed to be propelled by any mechanical device.

(1) Subject to Section 19.69 of this Code, to any commercial vehicle, carriage, conveyance, trailer or device which is parked or left for no more than twenty-four hours for loading or unloading purposes;

(2) To any noncommercial vehicle, carriage, conveyance, trailer or device or boat which is parked or left for no more than twenty-four hours for loading or unloading purposes and a permit has been obtained from the chief of police;

(3) Any public utility vehicle or construction equipment when actually being used for valid construction; and

(4) Any vehicle being used by an overnight guest when, the residential property occupied by the persons being visited cannot reasonably accommodate such vehicle on-site, a permit has been obtained from the chief of police and the vehicle is parked or left for no more than twenty-four hours. (Ord. No. 1785, § 1; Ord. No. 1804, § 1; Ord. No. 2091, § 1.)

DIVISION 2. ALL-NIGHT PARKING PERMIT

19.58 Required.

(a) It is unlawful for any person to stop, stand or park a motor vehicle on any public street or in any city-owned parking lot for a period of time longer than 30 minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day, unless in accordance with an all-night parking permit issued in accordance with this division.

(b) Overnight parking is prohibited in any city-owned public parking lot, except in accordance with SPMC 19.55-3. (Ord. No. 1173, § 1; Ord. No. 1428, § 1; Ord. No. 2093, § 1; Ord. No. 2173, § 1, 2008; Ord. No. 2182, § 1, 2008; Ord. No. 2302, § 1, 2016.)

19.59 Permit fees.

Permit fees shall be established by resolution. (Ord. No. 1291, § 1; Ord. No. 1319, § 1; Ord. No. 1503, § 1; Ord. No. 1607, § 1(a): Ord. No. 1708 § 1, 1976.)

19.60 Types of permits and investigation.

(a) Subject to the following and Sections 19.61 through 19.70, permits for overnight parking may be issued annually, monthly (in one-, two-, or three-month increments), daily (in one-, two-, or three-day increments) or for emergency purposes subject to Section 19.70; provided, that no more than one monthly permit may be issued for the same address at any time.

(b) Upon the filing of an application for an annual permit, the chief of police shall cause to be made an investigation he or she may deem proper to ascertain whether such permit should be granted. The investigation may include, but is not limited to, an on-site inspection of the applicant’s property, to include any garages and/or carports, vehicle registration checks, and local records checks. Notwithstanding the foregoing, an application for one annual permit per single-family dwelling may be issued without the aforementioned investigation with the exception of single-family dwellings located on Hanscom Drive, Peterson Avenue, Illinois Drive, Hill Drive, the 5000 block of Harriman Avenue, Randolph Avenue, Hurlbert Avenue, Elkins Street, or Moffatt Street.

(c) Upon filing of an application for a monthly permits for a third month within any consecutive twelve-month period or for any three-month increment, the chief of police shall cause to be made an investigation as he may deem proper to ascertain whether such permit should be granted. The investigation may include, but is not limited to, an on-site inspection of the applicant’s property, to include any garages and/or carports, vehicle registration checks, and local record checks. (Ord. No. 1173, § 1; Ord. No. 2099, § 1; Ord. No. 2123, § 1; Ord. No. 2154, § 1, 2007; Ord. No. 2162 § 1, 2007.)

19.61 Issuance or denial.

(a) The chief of police, or his/her designee, shall grant one requested annual permit for each single-family dwelling.

(b) Except as provided in subsection (a), above, the chief of police, or his/her designee, shall grant a requested permit, unless, after the investigation provided for in Section 19.60, the chief of police, or his/her designee, determines there is sufficient space available on the applicant’s property (off-street) for legally parking a vehicle or any of the following applies:

(1) Off-street parking is not available because a motor vehicle is parked at the applicant’s residence when that vehicle (i) is not owned or operated by the applicant or (ii) does not have current vehicle registration as required by law and (iii) which causes the applicant to require the permit for on-street parking of a motor vehicle;

(2) Off-street parking is not available because that on-site space which could be used for the parking of a motor vehicle is being used for parking or storage of a boat, trailer, recreational vehicle, household goods, or other personal property, which causes the applicant to require the permit for on-street parking of a motor vehicle;

(3) Off-street parking is not available because a garage (or other structure built for parking of a vehicle) is being used as an accessory structure for any habitable space including, but not limited to, a den, bedroom, or operation of a business, which causes the applicant to require the permit for on-street parking of a motor vehicle; or

(4) The applicant has any delinquent parking citation on file with the city. (Ord. No. 1173, § 1; Ord. No. 1607, § 1(b); Ord. No. 2093, § 2; Ord. No. 2099, § 2; Ord. No. 2103, § 1; Ord. No. 2123, § 2.)

19.61-5 Exception to denial.

If, after a denial pursuant to Section 19.61, the applicant shows, to the reasonable satisfaction of the chief of police, or his or her designee, there are mitigating or extenuating circumstances which result in the need for a parking permit (including, but not limited to, the applicant’s age or disability or the steepness of the applicant’s property), then the chief of police, or his or her designee, may grant an overnight parking permit. (Ord. No. 2103, § 1.)

19.62 To be signed by chief of police.

No permit shall be granted under this division until the application for the permit shall bear the approval of the chief of police, or his or her designee. (Ord. No. 1173, § 1; Ord. No. 1379, § 2; Ord. No. 1458, § 1; Ord. No. 2093, § 3.)

19.63 Contents and effect.

Each application filed under this division shall contain a brief description of the vehicle to which it is to be attached, the area within which such vehicle may be parked, which area shall be within two hundred feet in each direction from the place of residence of the applicant, and the expiration date thereof. A permit issued pursuant to this division shall be effective only as to such vehicle and such area. (Ord. No. 1173, § 1; Ord. No. 2093, § 4.)

19.64 Term.

(a) Annual Permit. Upon approval by the chief of police, an annual permit shall be valid for one year after the date the application for the permit was filed.

(b) Monthly Permit. A monthly permit shall be valid for thirty days after the date the permit was purchased.

(c) Daily Permit. A daily permit shall be valid for only the one, two, or three-day increment for which the permit was purchased.

(d) Emergency Permits. See section 19.70. (Ord. No. 1173, § 1; Ord. No. 2093, § 5; Ord. No. 2099, § 3.)

19.65 Destruction.

Upon the transfer of the vehicle described in the permit issued under this division or upon the permittee’s change of place of residence or obtaining off-street parking facilities for such vehicles, rendering such permit unnecessary, the permittee shall destroy such permit and report such destruction to the chief of police. (Ord. No. 1173, § 1.)

19.66 Renewal.

Upon the expiration of the permit issued under this division, or within twenty days prior thereto, upon application in writing, the chief of police shall cause to be made such investigation as he may deem proper to ascertain whether a renewal of such permit if, as a result of such investigation, he determines that the permittee could not reasonably have sooner obtained the required off-street parking space and that the need for such permit still exists. (Ord. No. 1173, § 1; Ord. No. 1319, § 2; Ord. No. 1379, § 3; Ord. No. 1607, § 1 (c); Ord. No. 2093, § 6.)

19.67 Duplicates.

If a permittee loses, surrenders or destroys an unexpired permit issued under this division for a certain vehicle, he may obtain another permit for the same vehicle for the unexpired term or a permit for a substituted vehicle for the unexpired term upon the payment of a fee as set and adjusted by resolution of the city council. (Ord. No. 1189, § 1; Ord. No. 1607, § 1 (d); Ord. No. 2005, § 1.)

19.68 Display of sticker.

A sticker supplied by the city evidencing the issuance of a permit under this division shall be at all times displayed in the manner and location as directed by the chief of police; provided, that the sticker shall be plainly visible from the exterior of the vehicle. (Ord. No. 1182, § 2; Ord. No. 1379, § 1; Ord. No. 2093 § 7.)

19.69 Not to issue for commercial vehicles.

No permit required by this division shall be issued for any commercial vehicle exceeding a maximum gross weight of five thousand pounds, unladen, or ninety-six inches in width; and no person shall park such a vehicle upon any public street in the city between the hours of two a.m. and six a.m. on any calendar day. (Ord. No. 1173, § 1; Ord. No. 1489, § 1.)

19.70 Emergency permits.

The chief of police shall have, in addition to the other powers and duties granted in this division, the discretionary power, in emergencies, to issue to any person an all-night parking permit for a period not exceeding seven consecutive nights. Such permit may be either oral or written, at the discretion of the chief, and no investigation fee shall be charged. (Ord. No. 1173, § 1; Ord. No. 2093, § 8.)

ARTICLE IV. BOULEVARDS AND STOP INTERSECTIONS*

* Editor’s Note.—The ordinances which establish boulevards and stop intersections are not printed herein because of their frequent amendments. These ordinances are saved from repeal by the Adopting Ordinance. Copies of such ordinances will be found on file in the office of the city clerk.

19.71 Duty to stop before entering.

Every operator of a vehicle traversing any street intersecting any properly designated boulevard shall stop such vehicle at the place where such street meets the nearest property line of the boulevard before entering the boulevard; provided, that the property line is clearly marked or signposted as required in the following section. (Ord. No. 1118, § 1.)

19.72 Erection of signs at intersections.

The city manager is hereby authorized and required to place and maintain at each and every intersection of a properly designated boulevard at or near the property line of the boulevard, appropriate signs upon the street or devices or marks in or adjacent to the roadway. Such signs, devices or marks shall bear the word “STOP” or the words “BOULEVARD STOP” in such position and with letters of a size to be clearly legible from the distance of fifty feet along the street intersecting the boulevard. (Ord. No. 1106, § 6.01.)

19.73 Erection of “Boulevard Stop” signs.

The city manager is hereby instructed to erect and maintain at each property line properly designated for stops appropriate signs bearing the words “Boulevard Stop” in such position and with letters of a size to be clearly legible from a distance of fifty feet along the street approaching such sign. The provisions of this article shall not be enforced unless such signs are so erected. (Ord. No. 1115, § 2.)

ARTICLE V. PEDESTRIANS*

* For state law as to pedestrians, see Veh. C. A., §§ 560 to 566.

As to trees interfering with pedestrians, see § 34.4 of this Code.

19.74 Establishment, designation, etc. of crosswalks.*

The city manager shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows:

(a) Crosswalks may be established and maintained at intersections and at other places where the city manager determines that there is particular hazard to pedestrians crossing the roadway, subject to the limitations contained in paragraph (b) of this section.

(b) Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred feet in length. Elsewhere, not more than one additional crosswalk shall be established in any one block and such crosswalk shall be located as nearly as practicable at mid-block. (Ord. No. 1106, § 8.01.)

* For state law as to power of local authorities to establish crosswalks, see Veh. C. A., § 459.2.

19.75 Use of crosswalks in business district.

No pedestrians shall cross a roadway other than by a crosswalk in any business district. (Ord. No. 1106, § 8.02.)

19.76 Crossing roadways at right angles.

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. 1106, § 8.03.)

19.77 Standing in roadways.*

No person shall stand in any roadway other than in a safety zone. This provision shall not apply to any public officer or employee, or employee of a public utility, or other workmen, when necessary upon a street in the line of duty. (Ord. No. 1106, § 8.04.)

* For state law as to standing in roadways for purpose of soliciting rides, see Veh. C. A., § 564.1.

ARTICLE VI.. OFF-STREET PARKING LOTS

19.80 Definitions.

Unless it is apparent from the context that another meaning is intended, the following words and phrases, when used herein, shall have the meaning ascribed to them by this section:

(a) Off-street parking lot shall mean any lot, lots or parcel of land owned or leased by the city, and hereinafter in this article described, which is improved, marked or posted for use by the public generally for the off-street parking of vehicles.

(b) Park or parking shall mean the stopping or standing of a vehicle whether occupied or not upon an off-street parking lot.

(d) Vehicle shall mean any device in, upon or by which any person or property is or may be transported upon a public way. (Ord. No. 1347, § 1.)

19.81 Boundaries established.

The lots and parcels of real property hereinafter described shall constitute off-street parking lots, in vehicle parking district No. 1: The east 43 feet of Lots 1 and 2, Block 6, Division #1 of the Raymond Improvement Company tract; the westerly 44.5 feet of the easterly 87.5 feet in such block, division and tract; the east 43.75 feet of the west 92.5 feet of such lots, block and tract; the east 43.75 feet of the west 48.75 feet of such lots, block and tract (except the south 30.50 feet of the east 43.75 feet of the west 48.75 feet of lot 2); the southerly 30.5 feet of the westerly 48.75 feet of lot 2 in such block and tract—all of the above in the city as per may be recorded in Book 24, page 3 of miscellaneous records of such county. (Ord. No. 1347, § 1.)

19.82 City engineer to mark parking spaces.

The city engineer is hereby authorized and directed to mark off individual parking spaces in the off-street parking lots described hereinabove. Such parking space shall be designated by lines painted or durably marked on the surface of such lots. (Ord. No. 1347, § 1.)

19.83 Parking regulations.

No person shall at any time park any vehicle upon any off street parking lot other than entirely within one parking space designated as hereinbefore provided. No person shall at any time park a vehicle upon or across any line or marking designating a parking place. No person shall operate a vehicle backward in entering a parking space. Vehicles shall enter a space only by being driven forward. (Ord. No. 1347, § 1.)

19.84 Parking restriction; city engineer to post signs.

Between the hours of 9:00 A.M. and 6:00 P.M. on all days including Saturdays, except Sundays and holidays, no person shall park any vehicle upon any off-street parking lot for a period in excess of two hours during any one day, if a sign indicating such restrictive parking is conspicuously posted on such off-street parking lot. The city engineer is hereby directed to post such signs. (Ord. No. 1347, § 1.)

19.85 Applicability of parking regulations.

No person shall cause, allow permit any vehicle registered in his name or operated by him to be parked on any off-street parking lot contrary to any of the foregoing provisions. (Ord. No. 1347, § 1.)

ARTICLE VII. TRIP REDUCTION AND TRAVEL DEMANDS

19.86 Definitions.

The following words or phrases shall have the following meanings when used in this article:

“Alternative transportation” means the use of modes of transportation other than the single-passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

“Applicable development” means any development project that is determined to meet or exceed the project size threshold criteria contained in Sections 19.88 through 19.91 of this article.

“Buspool” means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

“Carpool” means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

“The California Environmental Quality Act (CEQA)” is a statute that requires all jurisdictions in the state of California to evaluate the extent of environmental degradation posed by proposed development.

“Developer” means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this article as determined by the property owner.

“Development” means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this ordinance and which exceed the thresholds defined in Section 19.88 and 19.91 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

“Employee parking area” means the portion of total required parking at a development used by on-site employees. Unless specified in the city/county zoning/building code, employee parking shall be calculated as follows:

Type of Use	Percent of Parking Devoted to Employees
Commercial	30%
Office/Professional	85%
Industrial/Manufacturing	90%

“Preferential parking” means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.

“Property owner” means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

“South Coast Air Quality Management District (SCAQMD)” is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

“Tenant” means the lessee of facility space at an applicable development project.

“Transportation demand management (TDM)” means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

“Trip reduction” means reduction in the number of work-related trips made by single-occupant vehicles.

“Vanpool” means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis.

“Vehicle” means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles. (Ord. No. 2019, § 1.)

19.87 Review of transit impacts.

(a) Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of the ordinance codified in this article shall be exempted from its provisions. The “Transit Impact Review Worksheet,” contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provision of CEQA, transit operators shall be sent a NOP for all contemplated EIR’s and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

(b) Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. (Ord. No. 2019, § 2.)

19.88 Transportation demand and trip reduction measures—Applicability of requirements.

(a) Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

(b) This article shall not apply to projects for which a development application has been deemed complete by the city pursuant to Government Code Section 65943, or for which a notice of preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of the ordinance codified in this article.

(c) All development projects for which an Environmental Impact Report (EIR) is required to be prepared shall be subject to the land use analysis program contained in the Los Angeles County Congestion Management Program (CMP), and shall incorporate into the EIR an analysis of the projects’ impacts on the regional transportation system. The analysis shall be conducted consistent with the transportation impact analysis (TIA) guidelines contained in the most recent congestion management program adopted by the Los Angeles County Metropolitan Transportation Authority, and as amended from time to time.

(d) All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. (Ord. No. 2019, § 3.)

19.89 Same—Development standards.

(a) Nonresidential development of twenty-five thousand square feet or more shall provide the following to the satisfaction of the city:

(1) A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

(A) Current maps, routes and schedules for public transit routes serving the site;

(B) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

(D) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

(E) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(b) Nonresidential development of fifty thousand square feet or more shall comply with subsection (a) of this section above and shall provide all of the following measures to the satisfaction of the city:

(1) Not less than ten percent of employee parking areas, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces shall be signed/striped as demand warrants; provided, that at all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet and two spaces for projects over one hundred thousand square feet will be signed/striped for carpool/vanpool vehicles.

(2) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

(3) Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development and one bicycle per each additional fifty thousand square feet on nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locker room) shall be to the satisfaction of the city.

(c) Nonresidential development of one hundred thousand square feet or more shall comply with subsections (a) and (b) of this section, and shall provide all of the following measures to the satisfaction of the city:

(1) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers;

(2) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

(3) If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

(4) Safe and convenient access from the external circulation system to bicycle parking facilities onsite. (Ord. No. 2019, § 3.)

19.90 Same—Monitoring for compliance with article provisions.

Prior to the issuance of a certificate of compliance, the city shall inspect for compliance of the standards and requirements specified herein. It is the responsibility of the landlord or property owner to provide annual certification presented to the city stating their compliance to the original approved set of standards per this article. (Ord. No. 2019, § 4.)

19.91 Violation—Misdemeanor.

A violation of this article is a misdemeanor. Each and every violation shall constitute a separate misdemeanor enforceable by the city per the city’s Municipal Code. (Ord. No. 2019, § 5.)

ARTICLE VIII. POLICE TOW SERVICE FRANCHISES

19.92 Definitions.

For the purposes of this article, certain terms used herein are defined as follows:

“Franchise” means any entity granted a franchise by the city pursuant to this article.

“Franchise agreement” means an agreement between the city and a franchise for the purpose of providing towing service as provided in this article.

“Nonconsensual police towing services” means the towing and storage of vehicles as ordered and designated by authorized members of the police department, and all related services required to transport, secure and maintain such vehicles and their contents, in situations where the vehicle owner is unable or unwilling to consent to having the vehicle towed.

“Police chief” means the chief of police of the police department of the city of South Pasadena or their designee.

“Police department” means the police department of the city of South Pasadena.

“Tow truck operator” means a towing company and the owner(s) and/or managing employees of a towing company. (Ord. No. 2330, § 1 (part), 2019.)

19.93 Purpose and declarations.

The purpose of this article is to establish towing regulations to govern the provision of nonconsensual police towing services to the city’s police department, consistent with state and federal laws, as well as the public health, safety, and welfare. A further purpose is to ensure the best possible tow truck operators are selected to participate in the city’s rotational tow program to assist the police department in conducting efficient police investigations and provide the citizens of South Pasadena with prompt, safe, and comprehensive towing services.

These regulations are not intended to govern situations where towing has been requested by vehicle owners or private property owners, except as may be permitted by law. Instead, these regulations, along with the terms and conditions of the franchise agreement required under this article, are intended to provide a fair and objective method of selecting qualified tow truck operators to ensure that towing providers and drivers selected provide the police department and the public with prompt, safe, and comprehensive nonconsensual police towing services using the latest in towing technology and vehicle towing and storage safely.

It is recognized that the city is authorized by state law to adopt and implement a mechanism for safe and efficient towing and vehicle impoundment and that the city may impose fees to recover its actual and reasonable costs incurred in connection with the towing program. (Ord. No. 2330, § 1 (part), 2019.)

19.94 Franchise required to provide police towing services.

Except as specified in this article, it is unlawful for any person to solicit or perform the business of nonconsensual police towing services in the city unless:

(a) A franchise therefor has been granted pursuant to the provisions of this article and such franchise is in full force and effect; and

(b) A written franchise agreement therefor has been executed between such person and the city and such agreement is in full force and effect.

This article shall not apply to towing, repair, or storage services performed for or made available to members of the public directly, when not in response to police department requests.

Nothing in this article shall be construed to restrict or prohibit the city from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of, or in addition to, any franchise agreement that is awarded pursuant to this article. (Ord. No. 2330, § 1 (part), 2019.)

19.95 Nonexclusive franchises—Terms and conditions.

(a) The city council may at its discretion, by the adoption of a resolution or ordinance, grant a nonexclusive franchise to a tow truck operator to provide nonconsensual police towing services to the city under and pursuant to the provisions of this article as a franchisee. All franchises granted to franchisees pursuant to this article shall be nonexclusive and shall be for a term to be specified in the franchise agreement between the city and the franchisee.

(b) No provisions of this article shall be deemed to require restricting the number of franchises to one or any particular number, and no provisions of this article shall be deemed to require the city council to grant any franchise if the city council determines that the grant of any such franchise is not in the best interest of the city and the public.

(c) All franchises shall be subject to the terms and conditions specified in this article, as well as any terms or conditions specified in the resolution granting the franchise and the franchise agreement. In granting any tow truck operator franchise, the city council may prescribe such other terms and conditions, not in conflict with this article, as are determined by the city council to be in the best interest of the city and the public. (Ord. No. 2330, § 1 (part), 2019.)

19.96 Franchise tow services agreement—Nontransferable.

(a) All franchisees selected to provide nonconsensual police towing services shall enter into a franchise agreement with the city. The franchise agreement shall be in a form approved by the city attorney and shall be executed within 30 days after a selection as a franchisee. The franchise agreement shall provide that the terms and conditions of this article shall be applicable for the entire term of the franchise.

(b) Any franchise agreement granted pursuant to this article is a privilege to be held in trust by the original franchisee. Such franchise shall not be sold, leased, transferred, assigned, or otherwise disposed of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, without the prior consent of the city council. (Ord. No. 2330, § 1 (part), 2019.)

19.97 Suspension by police chief.

(a) The police chief may suspend the franchise agreement for the reasons, and pursuant to the procedures, set forth in the terms of the franchise agreement entered into with a tow truck operator, or for a violation of the terms of this article, including, but not limited to, a violation of the franchise agreement, a failure to maintain the minimum levels and standards of liability insurance for any period of time, or the failure to comply with any federal, state, or local law.

(b) The police chief shall issue a notice of temporary suspension to the franchisee which shall include the date and period of suspension and the basis for the suspension. The notice of temporary suspension may be personally delivered or mailed by certified mail to the franchisee.

(c) A suspension longer than 30 days may be appealed in writing to the city manager within 15 calendar days of the day of the police chief’s notice of temporary suspension. In the event a timely appeal is filed, the suspension shall not become effective until a final decision has been rendered by the city manager. If no appeal is filed, the suspension shall become effective upon the expiration of the period for filing an appeal.

(d) The city manager shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing, which shall be scheduled a minimum of 10 calendar days from the date of the written notice, which date may be continued at the sole discretion of the city manager. The city manager shall preside over the hearing on appeal. The city manager shall render a written decision within 30 calendar days from the date of the appeal hearing. The decision of the city manager or designee shall be final. (Ord. No. 2330, § 1 (part), 2019.)

19.98 Franchise fees.

(a) Each tow truck operator granted a franchise agreement pursuant to this article shall pay a franchise fee to the city during the term of such franchise. The franchise fee shall be in an amount as set forth in a resolution adopted by the city council and may be adjusted by the city council from time to time.

(b) Franchise fees shall be due and payable in accordance with the terms and conditions contained in the franchise agreement. Each payment shall be in accordance with the provisions of the resolution adopted by the city council pursuant to subsection (a) of this section.

(c) By resolution, the city council establishes the reasonable estimate of the costs of the police department to administer the franchise tow services program. The franchise fees established by resolution may be revised periodically by the city council to reflect changes in the actual and reasonable costs to administer the franchise tow services program.

(d) In the event of the suspension or termination of a franchise agreement, the franchisee shall forfeit any fees paid to the city. Franchisee waives any and all claims or rights to collect back from the city any amounts collected by the city pursuant to this article.

(e) The payment to the city by the franchisee pursuant to this article shall be in addition to any license fee or business tax prescribed by the city for the same period. (Ord. No. 2330, § 1 (part), 2019.)

19.99 Rotational list.

In the event of multiple franchisees selected by the city council, the police chief shall develop a rotational list of franchisees selected to provide nonconsensual police towing services to the city. The franchisee at the top of the list shall be on call to provide towing service to the city in accordance with the rotation system established by the police chief. Franchisees selected to provide nonconsensual police towing services shall abide by the rotation system established by the police chief. (Ord. No. 2330, § 1 (part), 2019.)

CHAPTER 19MOTOR VEHICLES AND TRAFFIC*