Chapter 10.50 STOPPING, STANDING AND PARKING

(1) The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device.

(2) The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions hereof or of law prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. [Code 1959 § 11.72; prior code § 16-131].

10.50.020 Erection of signs – Generally.

The traffic authority may appropriately sign or mark any place within the city where in the opinion of the traffic authority any of the provisions of this chapter apply, and when so signed or marked, no person shall stop, stand or park a vehicle, or any portion thereof, in any of the places or locations so signed or marked, contrary to the directions, language or indications of such signs or markings at such place or location. [Code 1959 § 11.73; prior code § 16-132].

10.50.030 Erection of signs – Specific places.

(1) The traffic authority may appropriately sign or mark the following places and when so signed or marked, no person shall stop, stand or park a vehicle, or any portion thereof, in any of these places:

(a) At any place so signed or marked between a safety zone and the nearest curb and any place within 20 feet of a point on the curb immediately opposite the midblock end of the safety zone.

(b) At any place so signed or marked within 30 feet of an intersection, except that a bus may stop at a designated bus stop.

(c) At any place so signed or marked adjacent to, in front of or opposite any fire station, police station, theater, school ground, public assembly hall, bus or passenger station or other gathering place.

(d) At any place so signed or marked within the city where in the judgment of the traffic authority the parking or standing of any vehicle or any portion thereof would interfere with or endanger person, property or traffic, or would adversely affect or endanger the public peace, health or safety, or in any manner constitute a menace or hazard to pedestrians or other traffic at, in or about the location where such signs or markings are so placed.

(e) Within 25 feet of the approach to the nearest line of a crosswalk.

(2) Whenever the traffic authority shall determine that the orderly, efficient conduct of the city’s business shall require that parking or standing of vehicles on city property be prohibited, limited or restricted, the traffic authority shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.

(3) When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. [Code 1959 § 11.74; prior code § 16-133].

Cross reference—Parking on one-way streets, WMC 10.05.230.

10.50.040 Parallel parking required – Exceptions.

No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of traffic and with the right-hand wheels of the vehicle within 18 inches of the curb line or edge of the roadway except as follows:

(1) Upon those streets which have been marked or signed by the traffic authority for angle parking, upon which streets vehicles shall be parked headed to the curb at the angle and within the lines indicated by such marks or signs with the right front wheel of the vehicle within 18 inches of the curb line or edge of the roadway.

(2) Upon those streets where parking on the left side of the roadway otherwise is specifically provided by ordinance or resolution. [Code 1959 § 11.75; prior code § 16-134].

10.50.050 Designation and marking places for angle parking.

The traffic authority is hereby authorized to determine those streets upon which angle parking shall be permitted, other than state highways where such parking is prohibited by the State Vehicle Code, and shall indicate all such places by placing white lines upon the surface of the roadway indicating the angle at which parking is permitted. [Code 1959 § 11.76; prior code § 16-135].

10.50.060 Parking contrary to lines indicating parking spaces.

It shall be unlawful for any person within the city to park, stand or leave standing at any time any vehicle in such manner that any part of such vehicle is vertically over any line painted or placed by the traffic authority on the surface of any street or roadway for the purpose of indicating angle or parallel parking of vehicles. [Code 1959 § 11.77; prior code § 16-136].

10.50.070 Stopping or parking in private driveway or on private property.

No person shall stop, stand or park a vehicle, or any portion thereof, in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property. [Code 1959 § 11.78; prior code § 16-137].

10.50.080 Stopping or parking in intersection, tunnel, etc.

No person shall stop, stand or park a vehicle, or any portion thereof within any intersection, within any parkway, within any tunnel or upon any bridge, viaduct or approach thereto. [Code 1959 § 11.79; prior code § 16-138].

10.50.090 Parking commercial vehicles in residential districts.

No person shall park any commercial vehicle more than five hours in any residential district except:

(1) While loading or unloading property and time in addition to such five-hour period is necessary to complete such work; or

(2) When such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked, and time in addition to such five-hour period is reasonably necessary to complete such service. [Code 1959 § 11.80; prior code § 16-139].

10.50.100 Curb markings to indicate parking, etc., regulations.

The traffic authority is authorized, subject to the provisions and limitations of this title, to place, and when required herein shall place, the curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as provided and set forth in the State Vehicle Code and as follows:

(1) Red indicates no stopping, standing or parking, whether the vehicle is attended or unattended; except that a bus may stop in a red zone marked or signposted as a bus loading zone.

(2) White shall mean no stopping, standing or parking for any purpose other than the loading or unloading of passengers or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes, and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and except as follows:

(a) When such zone is in front of a hotel the restriction shall apply at all times.

(b) When such zone is in front of a theater the restriction shall apply at all times except when such theater is closed.

(3) White, with the words “Taxi Stand” stenciled thereon in black letters at least three inches in height, shall mean that no vehicle shall stop, stand or park in the zone so marked except a taxicab, and then only a taxicab operated by the person duly licensed by the city to operate taxicabs in the city and to whom such taxicab stand has by the traffic authority or the city council been particularly assigned.

(4) Green shall mean no standing or parking of any vehicle for a longer period of time than five, 10, 15 or 20 minutes, as may be indicated in white, conspicuously stenciled, clearly legible letters or figures by the traffic authority at the particular location, at any time between 8:00 a.m. and 10:00 p.m. of any day, except Sunday.

When the traffic authority, as authorized under this title, 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.

(5) Yellow shall mean stopping only for the purpose of loading or unloading passengers or freight, providing the loading or unloading of passengers shall not consume more than three minutes and the loading or unloading of freight shall not exceed 20 minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day excepting Sundays and holidays. [Ord. 383 § 1, 11-21-60. Code 1959 § 11.81; prior code § 16-140].

State law reference—Curb markings to indicate parking regulations, § 21458, Veh. Code.

10.50.110 Parking trailers, etc., for more than 48 consecutive hours.

Except as otherwise provided in this title, it is unlawful for any person to park or stand any trailer, camp car or any other similar type of equipment owned, operated or controlled by such person, in or upon any public street, court, drive, alley or other public place in the city for more than 48 consecutive hours within any period of seven days. [Code 1959 § 11.82; prior code § 16-141].

10.50.120 Parking for consecutive period exceeding 120 hours – Prohibited.

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 120 hours. [Code 1959 § 11.83; prior code § 16-142].

10.50.130 Parking for consecutive period exceeding 120 hours – Removal of vehicle.

In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of 120 hours, any member of the police department authorized by the chief of police may remove such vehicle from the street in the manner and subject to the requirements of Sections 22651 and 22652 of the State Vehicle Code. [Code 1959 § 11.84; prior code § 16-143].

10.50.140 Repairing, cleaning, etc., vehicle in street.

No person shall repair, dust, wipe, wash or otherwise clean, use or employ any method of dusting, repairing, wiping, washing, or otherwise cleaning any vehicle or portion thereof, while in or upon any street, when any charge or gratuity is directly or indirectly made or received therefor, except in case of actual emergency and then only at the place where such emergency occurred. [Code 1959 § 11.85; prior code § 16-144].

10.50.150 Emergency no parking signs.

Whenever the traffic authority shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the traffic authority shall have the 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 traffic authority 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 traffic authority 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. [Code 1959 § 11.86; prior code § 16-145].

10.50.160 Parking to display vehicle for sale.

No person shall stand or park a vehicle upon any street for the purpose of displaying such vehicle for sale by sign or otherwise. [Code 1959 § 11.87; prior code § 16-146].

10.50.170 Parking of vehicles, carts, etc., from which foodstuffs, etc., are sold – Regulations.

Except as otherwise provided in WMC 10.50.180, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged or any lunch wagon or eating cart or vehicle on any portion of any street within the city, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any one place. The provisions of this section shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business for distribution. [Code 1959 § 11.88; prior code § 16-147].

10.50.180 Parking of vehicles, carts, etc., from which foodstuffs, etc., are sold – Permit required.

No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy or other articles of food or refreshment are sold or offered for sale, without first obtaining a written permit to do so from the city council which shall designate the specific section in which such cart shall stand. [Code 1959 § 11.89; prior code § 16-148].

10.50.190 Permit for stand of vehicle transporting property for hire.

No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon, without first obtaining a written permit to do so from the city council which shall designate the specific location where such vehicle may stand. [Code 1959 § 11.90; prior code § 16-149].

10.50.200 Revocation of permits authorized in this chapter.

Whenever any permit is granted under the provisions of WMC 10.50.180 or 10.50.190 and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, pushcart, object or thing on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of said sections, such permit shall forthwith be revoked by the city council upon the filing of the record of such conviction with the city council, and no permit shall thereafter be issued to such persons until six months have elapsed from the date of such revocation. [Code 1959 § 11.91; prior code § 16-150].

10.50.210 Concrete mixers, wheelbarrows, etc., obstructing streets.

No person shall deposit, leave, place or park in any street any cement or concrete mixer, wheelbarrow, pushcart, hand-drawn or hand-propelled vehicle or other object, thing or property including tractors, hand trucks and implements of husbandry as defined by the State Vehicle Code, except as otherwise provided by this title, in such a manner or for such a time as to interfere with traffic, either vehicular or pedestrian, in or upon any street or in such manner as to constitute a hazard to the safety of traffic or of any person or property in and upon any street, or fail to immediately remove the same upon order of any police or traffic officer of the city; provided, however, the traffic authority shall have the right and power to authorize, in writing, for limited periods of time, the placing or parking of any such vehicle, object or thing on any street in such a manner as will not constitute the same a nuisance or a hazard to life or property or unreasonably interfere with traffic in or upon such street. [Code 1959 § 11.92; prior code § 16-151].

Article II. Stopping for Loading or Unloading Only

10.50.220 Authority to determine and mark zones – Permissible locations for zones.

The traffic authority is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:

(1) At any place in any business district;

(2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. [Code 1959 § 11.93; prior code § 16-158].

10.50.230 Standing or parking in alleys or narrow congested streets for loading or unloading.

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley within the city, or when the traffic authority shall have placed appropriate signs or markings thereon to that effect on any narrow or congested street, or any part or parts thereof within the city, and authority to place such appropriate signs and markings on such narrow or congested streets is granted to the traffic authority; provided, however, no alley may be blocked at any time. [Code 1959 § 11.94; prior code § 16-159].

10.50.240 Restriction on use of loading zones.

When authorized signs or markings are in place giving notice thereof, no person shall stop, stand or park a vehicle for any purpose other than loading or unloading passengers or materials for such time as is permitted in this chapter. [Code 1959 § 11.95; prior code § 16-160].

10.50.250 Permits to allow backing of vehicle to curb.

The traffic authority is authorized to issue special permits to allow the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials, subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized in this section, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. [Code 1959 § 11.96; prior code § 16-161].

10.50.260 Bus zones, authority to establish.

The traffic authority is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers engaged in local transportation and to determine the location thereof. [Code 1959 § 11.97; prior code § 16-162].

Article III. Parking Limits

10.50.270 Generally.

When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle within the city on any of the respective streets or portions thereof referred to in this article for a period of time longer than is specified for the respective streets or portions thereof. [Code 1959 § 11.98; prior code § 16-166].

10.50.280 Designation of additional limited parking streets.

In addition to the streets and portions thereof designated by resolution of the city council for limited parking, the traffic authority may appropriately sign or mark such other and additional streets, places or portions thereof as, in the opinion of the traffic authority, may require such marking for limited parking, and when so signed or marked, no person shall stop, stand or park a vehicle, or any portion thereof, in any of such respective places for a longer period of time than that designated in the signs or markings for such place or location. [Code 1959 § 11.99; prior code § 16-167].

Article IV. Parking Program – Civil Penalties (Fines) – Violation Procedures

10.50.290 Civil penalties.

With the enactment of AB408, parking violations are removed from the court system and enforced via civil penalties, hereafter referred to as “fines.” These fines may include but are not limited to administrative fee, assessment fee (court/jail construction), late payment penalty, and costs of collection. The city council has the sole authority for setting penalties but will as much as possible maintain uniformity within the county. [Ord. 638-93, 10-12-93. Prior code § 16-168].

10.50.300 Fine schedule.

From time to time, the city council may review and reset the schedule of penalties or fines. This will be by resolution, and a current copy will be maintained by the city clerk’s office, the parking program hearing officer, and the Willows police department. [Ord. 638-93, 10-12-93. Prior code § 16-169].

10.50.310 Assessments.

(1) Assessments required by Section 76000 et seq. of the Government Code will be forwarded to the county. This assessment will be submitted to the county no later than 45 days after the last day of the month in which the fine was collected.

(2) An additional administrative fee by the city of Willows will be added to each citation. This fee will defray the cost of the program. The amount of the fee will be established by resolution and deposited in the city’s general fund.

(3) Delinquent Fines and Late Payment Penalty. Fines shall be delinquent after 30 days of issuance of citation. Delinquent notices shall be issued when fine becomes delinquent. A late payment of 50 percent of the fine shall be incurred 10 days after delinquent notice is mailed. [Ord. 641-94, 3-22-94. Prior code § 16-170].

10.50.320 Payment procedures.

(1) Fines may be paid in person by cash, check or money order at Willows City Hall during normal working hours.

(2) Fines may also be paid by check or money order by mail. Checks or money orders will serve the violator as a receipt.

(3) Termination of Action. Once fines have been received by the city, no further actions will be taken concerning the notice of violation. The terminated notices will be placed on file at the Willows police department as with other public records. [Ord. 638-93, 10-12-93. Prior code § 16-171].

10.50.330 Administrative review/hearing.

(1) For a period of 30 days from issuance of the notice of violation or 10 days from the mailing of the notice of delinquent violation a person may request an administrative review of the violation by mail or telephone. The review shall be conducted by the chief of police or his designee.

(2) If the person is dissatisfied with the results of that review, he or she may contest it by depositing with the city the amount of the fine along with a written request for an administrative hearing, detailing an explanation for the reason to contest the violation. This request must be filed with the chief of police within 10 days of the results of the administrative review.

(3) Photostatic or electronic copies of violations may be ordered by violators who have lost or claim nonreceipt of notices. The police department may charge a fee sufficient to cover the costs of such copies. [Ord. 641-94, 3-22-94. Prior code § 16-172].

10.50.340 Issuing procedures for notices of parking violations.

No person, except the chief of police or his designee, through the placement of temporary authorizing signs, may alter the provisions of any parking restrictions. No person, especially an enforcement officer, may authorize anyone to violate parking rules or regulations. [Ord. 641-94, 3-22-94. Prior code § 16-173].

10.50.350 Delivery of notice – Affixing notice.

(1) If a vehicle is attended during the time the enforcement officer is issuing the notice of violation, the officer will deliver the notice in person.

(2) If the vehicle is unattended, the officer will affix the completed notice either under the windshield wiper or in another conspicuous place so as to be observable by the driver upon the return of that person. The citation must be affixed to the vehicle so that it will not be blown away and will be visible to the driver when they return.

(3) If, for any reason, the driver removes the vehicle and leaves the area while the officer is in the process of issuing the notice, it shall be mailed upon receipt of an address from Department of Motor Vehicles check. The notice will indicate these circumstances.

(4) No person, including the issuing officer, is authorized to alter, conceal or destroy any notice once it has been initiated. [Ord. 638-93, 10-12-93. Prior code § 16-174].

10.50.360 Form of notice of violation.

Notices lacking required information or incorrect information may be dismissed outright by a hearing officer. This is called summary dismissal and occurs because the city has failed to adequately establish a prima facie case. The notice of violation will provide as a minimum the following statutorily required information:

(1) Violation identification.

(2) Approximate time.

(3) Location.

(4) Vehicle licence number.

(5) Registration expiration date.

(6) Last four digits of VIN.

(7) Color of vehicle.

(8) Make of vehicle. [Ord. 638-93, 10-12-93. Prior code § 16-175].

10.50.370 Prima facie case.

A notice of violation that contains the statutorily required information (as outlined in WMC 10.50.360) is considered to establish a prima facie case. To rebut this, a respondent must be able to present credible and sufficient evidence to doubt the validity of the information listed. [Ord. 638-93, 10-12-93. Prior code § 16-176].

10.50.380 Seizure of vehicle.

Any vehicle cited five or more times within any period of five or more days and to which the owner has not responded may be seized or immobilized. [Ord. 638-93, 10-12-93. Prior code § 16-177].

10.50.390 Notice requirements.

A registered owner must be notified whenever a violation issued to the vehicle is delinquent. This may be satisfied when the processing agency mails a notice to the last known address of the owner on file at the Department of Motor Vehicles. [Ord. 638-93, 10-12-93. Prior code § 16-178].

10.50.400 Leased and rented vehicles.

The registered owner of a vehicle may transfer responsibility for the violation to a lessee or renter but only if the name, address and California driver license number are provided to the processing agency within 10 days of the mail date of the delinquent notice. If this is not done, there is no requirement to transfer responsibility. [Ord. 641-94, 3-22-94. Prior code § 16-179].