Chapter 4-6 PARKING ZONES

This article is enacted in response to the potential of serious adverse effects that could be caused to certain residential areas and neighborhoods of the City of Turlock from the excessive parking of vehicles on the streets of such areas by nonresidents thereof, particularly in neighborhoods adjacent to destinations with high amounts of traffic or parking limitations. In order to protect and promote the integrity of such residential areas, it is necessary to establish a method of enacting parking regulations restricting prolonged parking by nonresidents therein while providing the opportunity for residents to park near their residences.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-102 Legislative intent.

It is hereby declared to be the legislative intent of the City Council that residential permit parking fees shall be set, established and amended to recover the administrative costs and enforcement costs, based upon actual direct costs, associated with each residential permit parking zone, and therefore may vary from residential permit parking zone to residential permit parking zone based upon the characteristics of each individual residential permit parking zone. This article shall apply to single-family dwellings and multifamily dwellings with assigned parking.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-103 Definitions.

As used in this article, the following words and phrases shall have the meanings respectively ascribed thereto:

“Applicant” shall mean and include a person or persons submitting an application to the City of Turlock for the establishment of a residential permit parking zone within a residential area.

“Application fee” shall mean and include that nonrefundable sum of money established by resolution of the City Council and submitted by the applicant pursuant to TMC 4-6-106(a) to apply for and establish a residential permit parking zone and to initiate a study conducted by the City of Turlock to determine if the creation of such a zone is warranted.

“Bona fide visitor” shall mean and include a person who is actually received at the residence of a resident permit holder for a social or commercial call and for which such receipt is not feigned or out of fraud to usurp the provisions of this article.

“City” shall mean the City of Turlock, California.

“City Council” shall mean the City Council of the City of Turlock, California.

“City Engineer” shall mean the City Engineer for the City of Turlock, California, or his or her designee, unless otherwise specified or defined.

“Parking limitation” shall mean and include that period of time established pursuant to this article requiring the issuance of a permit.

“Permit” shall mean and include a parking permit for a specific residential permit parking zone established by the City Council.

“Permit fee” shall mean and include that sum of money established by resolution of the City Council for the purchase of a residential permit parking zone parking permit.

“Police Chief” shall mean the Chief of Police for the City of Turlock, California, or his or her designee, unless otherwise specified or defined.

“Residence” shall mean and include a building designed, occupied, or intended for living purposes and shall include, but not be limited to, single-family dwellings and multifamily dwellings.

“RPPZ” shall mean residential permit parking zone and shall include a contiguous portion of parcels in an area zoned as residential, with start and end points at the intersection of public streets or at the end of a public street, with limits initially specified by the applicant and subject to modification by the City. This shall include the section of street adjacent to the front or side of any parcel in the portion of parcels specified.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-104 Designation by City Council.

The City Council may, by resolution, designate a RPPZ in those residential areas meeting and satisfying the criteria and procedures established pursuant to TMC 4-6-105 and 4-6-106, respectively, and in which vehicles displaying a valid parking permit may stand or be parked without time limitation pursuant to this article.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-105 Designation criteria.

(a) A residential area shall be deemed eligible for consideration as a RPPZ if, based on studies prepared at the direction of the City Manager, or his or her designee, objective criteria establishes that the residential area is significantly impacted by vehicles owned or operated by non-residents of that residential area.

(b) In determining whether a residential area identified as eligible for residential permit parking may be designated as a RPPZ, the City Manager, or his or her designee, shall take into account factors which include, but are not limited to, the following:

(1) The extent of the desire and need of the residents for residential permit parking and their willingness, confirmed in writing, to bear the administrative costs in connection therewith;

(2) The extent to which legal on-street parking spaces are occupied by motor vehicles during the time period proposed for parking restriction;

(3) The extent to which vehicles parking in the area during the period proposed for parking restriction are vehicles owned or operated by persons who are not residents of the residential area specified rather than resident vehicles of the residential area specified; and

(4) The extent to which vehicles registered to persons residing in the residential area cannot be accommodated by the number of available off-street parking spaces.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-106 Application procedures.

The following procedures shall apply to the process of designating a residential area as a RPPZ:

(a) Upon receipt by the City Clerk, or designee, of a residential permit parking zone application containing:

(1) The original signatures of at least sixty-seven (67%) percent of the owners of real property in the residential area proposed for designation; and

(2) A completed application form containing all information required by the form; and

(3) Accompanied by a nonrefundable payment in an amount established by resolution of the City Council as an application/initiation of study fee.

The City Clerk shall, within thirty (30) days, validate the signatures of the signatories against property ownership records and certify or decline to certify the application based upon the above-set standards, then forward the results to the City Manager. If the City Clerk declines to certify the application, he or she shall state in writing the reason(s) for such refusal and provide that information to the applicant and the City Manager.

(b) Upon receipt by the City Manager of a verified application, certified by the City Clerk, the City Manager shall direct the City Engineer to undertake such studies as are deemed necessary to determine whether a residential area is eligible for residential permit parking. Such studies shall be completed within ninety (90) days of the City Manager’s receipt of the certified, verified application requiring such studies to be undertaken, unless otherwise provided by the City Council.

(c) Within thirty (30) days of the completion of the studies, if necessary, to determine whether designation criteria are met, the City Manager shall prepare a written report to the City Council based upon the studies performed whether to designate the residential area under consideration as a RPPZ. Such report shall set forth, but not be limited to, the following:

(1) Evidence generated as a result of studies performed;

(2) Findings relative to those designation criteria listed in TMC 4-6-105 deemed applicable to the proposed residential area;

(3) Conclusions as to whether the findings justify establishing a RPPZ for the particular proposed area;

(4) Proposed boundaries of the RPPZ; and

(5) Proposed time limitations and periods of the day for its application.

(d) Within thirty (30) days of the completion of studies, if necessary, to determine whether designation criteria are met, the City Clerk shall notice, as herein provided, a public hearing before the City Council on the subject of eligibility of the residential area under consideration for the establishment of a RPPZ. Said hearing or hearings shall be conducted for the purpose of consideration of the City Manager’s report and studies performed, and receipt of public testimony and other relevant evidence. During such hearing any interested person shall be entitled to appear and be heard, subject to the appropriate rules of order.

(e) The City Clerk shall provide written notification of the public hearing provided for in this section. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed RPPZ and, if applicable, the permit fee to be charged therefor. Such notice shall be:

(1) Provided by mail to each owner of real property within the proposed RPPZ at least twenty (20) calendar days prior to the hearing date.

(2) Published in the official newspaper of the City at least ten (10) calendar days prior to the hearing date, as well as posted for public review in the same manner as the agenda for the regular meetings of the City Council.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-107 Posting and notification of residential permit parking zones.

Upon the adoption of a resolution by the City Council designating a RPPZ and associated parking time restrictions, the City Engineer shall cause appropriate signs to be posted in the identified area indicating prominently thereon the time limitation in days and hours during which parking shall be restricted.

Upon the posting of the appropriate signs as specified by this section the City Engineer shall notify in writing the Chiefs of Police of the City of Turlock and California State University, Stanislaus, for the purpose of enforcement.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-108 Permit design, display, and issuance.

(a) A permit shall be designed or selected by the Police Chief, and shall have a unique number, color, size or other designation to specify or reflect that specific RPPZ for which it was issued and shall include an expiration date, if applicable. Resident permits shall have characteristics to deter or prohibit transfer between different vehicles.

(b) Permits shall be displayed in a manner as specified by the Police Chief.

(c) Permits may be issued by the City of Turlock’s Finance Division to any legal resident who can demonstrate, on the basis of official documentation, ownership or residence within a RPPZ, subject to limitations or restrictions provided within this article.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-109 Issuance of permits: Residents and property owners.

(a) Permits may be issued for vehicles upon application of the following persons:

(1) A legal resident of the RPPZ who owns a vehicle which is both registered in his or her name, and registered at his or her address within the RPPZ, shall be entitled to no more than one (1) resident permit per vehicle upon the payment of all applicable fees;

(2) A person who owns or leases property, to include property for the purpose of commercial activities, within a RPPZ and demonstrates ownership of said property, and owns a vehicle that is registered to themselves or a business for which they can demonstrate partial ownership, shall be entitled to one (1) resident permit upon the payment of all applicable fees;

(3) The Fire Chief of the City of Turlock, or his or her designee, may be issued upon their request one (1) or more transferable resident permits for use by uniformed personnel within their department who work at a station within a RPPZ when off-street parking is not available.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-110 Issuance of permits: Visitors and temporary use permits.

(a) Visitor permits.

(1) A resident permit holder, at no additional cost, may be issued a maximum of three (3) visitor permits for which such holder may distribute to their bona fide visitors, as defined in TMC 4-6-103 for use during restricted weekdays and prohibited hours. No more than three (3) visitor permits shall be issued to a resident of a single residence, regardless of the number of resident permit holders that reside at the residence.

(2) A visitor permit shall be valid for up to one (1) year, expiring at the end of the calendar year in which it is received. Any visitor permit, and any interest therein, issued shall remain the property of the City of Turlock and shall not be assignable or saleable.

(3) Persons who have received a resident permit pursuant to TMC 4-6-109(a)(3) shall not be eligible to receive a visitor permit.

(b) Temporary permits.

(1) A temporary permit valid for a minimum of two (2) weeks and a maximum of four (4) weeks, on a one (1) time basis, may be issued to a new, legal resident of the RPPZ upon proof that said resident has not resided within that RPPZ during the previous thirty (30) days;

(2) One (1) temporary permit may be issued to a legal resident of a RPPZ for use of persons who, on a regular basis, provide health care or other related services essential to the well-being of the resident applicant, upon certification under penalty of perjury that such services are required, with an expiration date that coincides with the actual or estimated date of the conclusion of such services, not to exceed six (6) months.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-111 Suspension of enforcement.

Upon presentation to the Police Chief of proof that a special circumstance exists to suspend enforcement of the provisions of this article within a particular RPPZ, or portion thereof, for a specified and limited period of time not to exceed one (1) week, the Police Chief may suspend such enforcement at his or her sole discretion.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-112 Permit parking exceptions.

(a) A vehicle of an owner, legal resident, or guest of a legal resident within a RPPZ on which is displayed a valid parking permit as provided in accordance with TMC 4-6-109 and 4-6-110 shall be permitted to stand or be parked in the RPPZ for which the permit has been issued without being limited by time restrictions established pursuant to this article. Said vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this article. Except as provided in subsection (b) of this section, all other vehicles parked within a RPPZ shall be subject to the time restrictions adopted as provided in this article as well as the penalties provided for herein.

(b) The following vehicles shall not be subject to the time restrictions established pursuant to this article when parked within a RPPZ:

(1) Utility vehicles. Vehicles as specified and described in California Vehicle Code Section 22512.

(2) Government vehicles. Government vehicles registered to the United States, State of California, County of Stanislaus, or City of Turlock which are clearly marked or distinguishable as such and are being used within the regular course of business.

(3) Construction vehicles. Vehicles owned or operated by a licensed contractor, or that contractor’s subcontractor, actively performing construction activities within the City’s right-of-way under a City contract or City permit.

(c) A permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated RPPZ; rather, the permit shall only exempt the holder of specified time restrictions as specified in this article.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-113 Parking limitations.

(a) Parking limitations established pursuant to this article and requiring the issuance of a permit shall be limited to the weekday (i.e., Monday through Friday) and to the hours of 6:00 a.m. to 6:00 p.m. and shall not be applicable on weekends or legal holidays except as provided in subsection (b) of this section.

(b) Exception. The City Council may establish by resolution a parking limitation time period different than that established by subsection (a) of this section. If the City Council does so establish a different parking limitation, then those limitations shall be posted pursuant to TMC 4-6-107 and shall supersede the provision of subsection (a) of this section and shall be observed within the RPPZ for which it was established.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-114 Violation and penalty.

(a) It shall be unlawful and a violation of this article, unless expressly provided to the contrary herein, for any person to stand or park a vehicle for a period exceeding the time limitation established pursuant hereto. Said violation may be prosecuted in any manner provided for by this Code.

(b) It shall be unlawful and a violation of this article for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information to the Police Chief. Said violation may be prosecuted in any manner provided for by this Code.

(c) It shall be unlawful and a violation of this article for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this article both by the person holding the valid parking permit and the person who so uses or displays the permit on a vehicle other than that for which it is issued. Said violation may be prosecuted in any manner provided for by this Code.

(d) It shall be unlawful and a violation of this article for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Police Chief. It shall further be unlawful and a violation of this article for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a RPPZ. Said violation may be prosecuted in any manner provided for by this Code.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-115 Revocation of permit.

The Police Chief is authorized to revoke any permit issued pursuant to this article of any person found to be in violation of this article and, upon written notification thereof, the person shall surrender such permit to the Police Chief. Failure, when so instructed, to surrender such permit so revoked shall constitute a violation of law and of this article.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-116 Permit fees.

(a) Fees for the issuance of permits and for the replacement of lost, damaged, or destroyed permits shall be established by resolution of the City Council in accordance with the legislative intent reflected in TMC 4-6-102.

(b) There shall be no refund or setoff of any unused portion of any permit.

(Ord. 1210-CS, Added, 07/23/2015)

4-6-117 Reconsideration or disestablishment.

(a) The City Council may, based upon a finding that substantial evidence exists that a particular RPPZ may have a significant or potentially significant harmful effect or has had an adverse effect on the residential area within its boundaries, modify, amend or terminate a particular RPPZ. Such evidence is not limited to requests submitted by the legal residents of a particular RPPZ.

(b) A request for reconsideration or disestablishment of a RPPZ is limited to:

(1) Requests submitted by and on behalf of the real property owner or the legal residents of a particular RPPZ; or

(2) Upon independent action of the City Council to reconsider or disestablish a particular RPPZ.

(3) Such resolution shall state the effective date of the revision, termination or disestablishment or of the revised conditions.

(c) No more than one (1) reconsideration of revision, termination, or disestablishment hearing per RPPZ shall be held annually.

(Ord. 1210-CS, Added, 07/23/2015)

Article 2. Parking Meter Zones (Repealed)

Article 3. Prohibited Parking and Authorized Removal of Vehicles (also known as “Tow-Away Zones”)

4-6-301 Tow-away zones: General provision.

The City Council shall have authority to establish tow-away zones in the City. Where tow-away zones have been established, any vehicle parked or left standing where signs have been posted, giving notice of the authorized removal of such vehicles, may be removed in the manner and subject to the requirements of the California Vehicle Code.

(1146-CS, Added, 12/23/2010)

4-6-302 Tow-away zones: Designation.

The following locations shall be designated as “Tow-Away Zones”:

(a) On Tuesdays from 7:00 a.m. to 2:00 p.m.:

(1) The west side of Johnson Road between Marshall Street and Merritt Street.

(2) The north side of Merritt Street from Johnson Road to one hundred forty-five (145') feet west thereof.

(b) On Fridays from 7:00 a.m. to 2:00 p.m., during the months of May through October, inclusive:

(1) The east and west sides of South Broadway between A Street and Market Street.

(2) The east and west sides of South Broadway between Market Street and West Main Street.

(1184-CS, Amended, 04/25/2013; 1166-CS, Amended, 06/26/2012; 1146-CS, Added, 12/23/2010)

4-6-303 Authorization for removal.

No person shall park or leave standing any vehicle, whether attended or unattended, in a tow-away zone designated in TMC 4-6-302.

Vehicles in violation of this section may be removed by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations.

(1146-CS, Added, 12/23/2010)

4-6-304 Notice.

A vehicle shall not be removed unless signs are posted giving notice of removal.

(1146-CS, Added, 12/23/2010)

4-6-305 Signage.

The Traffic Engineer or his or her designee is hereby authorized and directed to cause the placement of official traffic control devices giving notice of the “No Parking – Tow-Away Zone” as directed in TMC 4-6-302. The sign shall have the description “No Parking – Tow-Away Zone” and shall display the telephone number where information concerning towed vehicles may be obtained.

(1146-CS, Added, 12/23/2010)