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Ordinance No. _____
Emergency Ordinance of the Council of the City of Palo Alto ProhibiƟng Parking of Detached Trailers and Other Non-Motorized Vehicles on Public Streets
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and DeclaraƟons. The City Council finds and declares as follows:
A. SecƟon 22507 of the California Vehicle Code authorizes the City to regulate the parking of vehicles on City streets.
B. The City has experienced a proliferaƟon of detached trailers and other non-motorized vehicles parked on public streets and an associated increase in reports of public health, safety and aestheƟc concerns.
C. Street parking is a limited resource within the City. Storage of detached trailers and other non-motorized vehicles on public streets consumes limited parking supply and impedes the use of the public streets for temporary parking.
D. Detached non-motorized vehicles that cannot be moved on a regular basis impede street sweeping and other clean-up operaƟons and restrict views of motorists, cyclists and pedestrians.
E. Inhabited non-motorized vehicles can lead to unauthorized gray and black water disposal with the potenƟal for illegal discharges of sepƟc waste, wastewater, fuels, or trash from such vehicles into City streets, guƩers, or storm drains due to their inability to move to access authorized disposal sites. This is parƟcularly hazardous to the public health because Palo Alto’s storm drain system flows directly into the San Francisco Bay.
The City has an obligaƟon under federal, state, and regional regulaƟons to keep pollutants out of the storm drain system.
F. Detached trailers and other non-motorized vehicles cannot be easily or quickly moved in an emergency and may therefore cause safety hazards.
G. This ordinance is necessary as an emergency measure to preserve the public peace, health, and safety by miƟgaƟng the public health concerns associated with unauthorized waste disposal and impeded street cleaning and the public safety concerns associated with detached nonmotorized vehicles.
SECTION 2. SecƟon 10.44.020 of the Palo Alto Municipal Code is amended to read as follows (addiƟons underlined, deleƟons struck through):
10.44.020 Standing or parking, two a.m. to six a.m.
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(a) No person shall, between the hours of two a.m. and six a.m. of any day, unless authorized by a hardship permit issued pursuant to SecƟon 10.44.021 or a construcƟon or maintenance permit issued pursuant to SecƟon 10.40.045, park upon streets or alleys located within a residenƟal zone or public facility zone any of the following vehicles:
(1) Oversized vehicles;
(2) Trailers;
(3) Camper shells;
(4) Tow trucks as defined by California Vehicle Code SecƟon 615; (5) Special construcƟon equipment as defined by California Vehicle Code SecƟon 565.
(b) Notwithstanding the provisions of this secƟon, no signs or markings are necessary to give effect to the restricƟons and prohibiƟons contained in this secƟon. No person shall park or leave standing a non-motorized vehicle upon any public street or highway. (1) For the purposes of this subsecƟon, “non-motorized vehicle” means any trailer, camp trailer, semitrailer or trailer coach as defined by the California Vehicle Code. “Non-motorized vehicle” does not include any bicycle, scooter, or micromobility device.
(2) This subsecƟon shall not apply to a nonmotorized vehicle that is aƩached to a vehicle capable of moving the nonmotorized vehicle in a lawful manner upon the street, carries a hardship permit issued pursuant to SecƟon 10.44.021 or a construcƟon or maintenance permit issued pursuant to SecƟon 10.40.045, is acƟvely being loaded or unloaded, or is undergoing emergency repairs. (c) Where not inconsistent with the U.S. ConsƟtuƟon or other applicable law, vehicles parked in violaƟon of this secƟon are subject to tow.
SECTION 3. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the applicaƟon to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or applicaƟon and, to this end, the provisions of this Ordinance are hereby declared to be severable.
SECTION 4. EffecƟve Date. This ordinance shall be effecƟve immediately upon adopƟon by four-fiŌhs of the council members present.
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SECTION 5. CEQA. The City Council finds and determines that this Ordinance is not a project within the meaning of secƟon 15378 of the California Environmental Quality Act (“CEQA”) because it has no potenƟal for resulƟng in physical change in the environment, either directly or ulƟmately. AlternaƟvely, it is exempt from CEQA under CEQA Guidelines secƟon 15308 as a regulatory acƟon for the protecƟon of the environment.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City AƩorney City Manager
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Chief TransportaƟon Official
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Chief of Police