ORDINANCE NO. 4315
AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA AMENDING CHAPTER 58, ARTICLE V, OF THE POMONA CITY CODE TO ADD DIVISION 2.5 “LARGE-VEHICLE PARKING REGULATIONS” BE IT ORDAINED BY THE COUNCIL OF THE CITY OF POMONA AS FOLLOWS:
SECTION 1. Findings.
The City of Pomona has received complaints regarding the stopping and parking of large vehicles, such as recreational vehicles, on residential and other City streets.
The parking of large vehicles on public streets creates a safety hazard for both motorists and pedestrians as these tend to block lines of sight, impair motorist and pedestrian visibility, and reduce the travel widths along City streets.
As the State of California addresses the housing crisis higher density housing will lead to parking conditions worsening.
The parking of oversized vehicles degrades the aesthetic appearances of the City’s streetscape.
California Vehicle Code section 22507 and California case law interpreting this section expressly authorize cities to adopt an ordinance or resolution that prohibits or restricts the stopping, parking, or standing of certain vehicles, including, but not limited to, vehicles that are six feet or more in height.
SECTION 2. Add to Chapter 58, Article V, of the Pomona City Code a new Division 2.5 titled “Large-Vehicle Parking Regulations,” to read in its entirety as follows:
“Division 2.5. – LARGE-VEHICLE PARKING REGULATIONS
Sec. 58-300. – Purpose.
The regulations enacted by this division are intended to ensure that there is adequate parking for residents of the city, to increase the safety of public streets, and to regulate the parking of vehicles that are actively used as sleeping accommodations.
Sec. 58-301. – Definitions.
When used in this division, the term large vehicle means each of the following:
Any vehicle, whether motorized or non-motorized, that exceeds 19 feet in length or 80 inches in width or 72inches in height. Any extension by any mirror or any accessory attached to such vehicle is deemed part of the vehicle and is included in the measured distance.
Regardless of size, each of the following:
A bus as defined by California Vehicle Code section 233.
A recreational vehicle as defined by California Health and Safety Code section 18010.
A truck camper as defined by California Health and Safety Code section 18013.4.
A camp trailer as defined by California Vehicle Code section 242.
A camper as defined by California Vehicle Code section 243.
A fifth-wheel travel trailer as defined by California Vehicle Code section 324.
A house car as defined by California Vehicle Code section 362.
A park trailer as defined by California Health and Safety Code section 18009.3.
A semitrailer as defined by California Vehicle Code section 550.
A slide-in camper as defined by California Health and Safety Code section 18012.4.
A tour bus as defined by California Vehicle Code section 612.
A trailer as defined by California Vehicle Code section 630.
A trailer bus as defined by California Vehicle Code section 636.
A trailer coach as defined by California Vehicle Code section 635.
A travel trailer, which here means a portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy.
A truck camper as defined by California Health and Safety Code section 18013.4.
A truck tractor as defined by California Vehicle Code section 655.
A utility trailer as defined by California Vehicle Code section 667.
A boat not connected to a trailer.
Sec. 58-301. – General Restrictions on Large-Vehicles Parking.
Long-term Parking Prohibited. No person shall park, or leave standing on any public street, alley, or right-of-way in the city, any large vehicle for a period longer than four consecutive hours. For purposes of this section, a large vehicle that is moved to a location or parking place that is within 300 feet or the same block (whichever is greater) if its original location or parking place is deemed to be parked at the same location.
Overnight Parking Prohibited. No person shall park, or leave standing on any public street, alley, or right-of-way in the city, any large vehicle for any duration of time between the hours of 8:00 p.m. and 7:00 a.m.
No Parking at City Parking Lots/Parks. No person shall park, or leave standing on any city parking lot or city park any large vehicle at any time.
Sec. 58-302. – Exemptions from General Restrictions.
The provisions of Section 58-301 do not apply to any of the following:
A large vehicle that is used to make a pickup or delivery of goods, wares, services, or merchandise to or from any building or structure immediately adjacent to the public street, alley, or right-of-way on which the large vehicle is parked.
A large vehicle that serves as an ambulance, paramedic vehicle, or public-safety vehicle. This exception only applies while the vehicle is used to respond to a call for emergency or other public services.
A large vehicle that is parked to facilitate emergency repairs. For purposes of this section, emergency repairs mean repairs that are suddenly and unexpectedly needed during transport of the vehicle. This exception only applies for a period of up to eight hours.
A large vehicle that belongs to a federal, state, or local authority. This exception only applies while the vehicle is used to conduct official government business.
A large vehicle for which a valid permit has been issued under Section 58-303 and which properly displays the permit.
Sec. 58-303. – Large-Vehicle Parking-Exception Permits.
The Public Works Director, or the Public Works Director’s designee, shall issue a temporary parking permit to any resident of the city to allow the resident to park a large vehicle that belongs to that resident, or to a guest of the household in which such resident resides, on a public street for up to 48 hours, subject to the following conditions:
The permit must be obtained by a resident of the city. Proof of residency is required.
The large vehicle must be parked on a public street that is immediately adjacent to the property at which the permittee resides. The permit must be obtained at least 7 calendar days prior to the effective date of the permit, and the permittee must pay an appropriate fee, established by the city by resolution. On-street spaces will be first come first serve.
The city shall not issue more than four permits within any given calendar month to a resident, or at a specific address, or for a specific large vehicle.
The city shall not issue permits for consecutive periods; there must be at least two calendar days in between permitted parking periods.
The city shall not issue more than 12 permits in any calendar year to a resident, or at a specific property, or for a specific large vehicle.
While parked on the public street, the large vehicle shall not be used for overnight camping, lodging, sleeping, cooking, or any residential use.
While parked on the public street, the large vehicle may only be used for loading and unloading. Non-emergency repairs and maintenance are not permitted.
The large vehicle may not visibly block or obscure any existing safety or traffic-control device (e.g. traffic signs, traffic signals, road striping, etc.).
The large vehicle shall comply with all other parking requirements for the street on which it is parked.
Parking the large vehicle on the public street may not create a public-safety hazard. The Public Works Director, or the Public Works Director’s designee, shall determine whether parking the large vehicle at the proposed location and time is likely to create a public-safety hazard. The determination may be made based on factors that include, without limitation, the size of the large vehicle, the configuration of the street, and the location of nearby trees, improvements, and structures.
It is unlawful for any resident to whom a permit is issued under this section to transfer, sell, rent, or lease such permit or to otherwise allow such permit to be used by any person other than a guest of that resident, either with or without consideration.
It is unlawful for any person to borrow, buy, or otherwise acquire for value or to use or to display any parking permit issued under this section, except as provided for in this section.
Each permit issued under this section is subject to all of the conditions and restrictions set forth in this division. The issuance of such permit may not be construed to be a permit for or an approval of any violation of any provision of this code or of any other law or regulation.
In Preferential Parking Districts, as defined in Section 58-239, an additional large vehicle parking permit will be required.
The issuance of a permit under this section may not be construed or interpreted as a warranty or representation by the city or any of its officials, officers, or employees that the parking of a large vehicle is or is not in compliance with other provisions of law. Neither the enactment of this division nor the preparation or delivery of any permit under this division imposes a duty on the city or any of its officials, officers, or employees to completely and accurately determine the safety of the parking of any large vehicle; nor does it impose any liability on the city or any of its officials, officers or employees regarding the same.
The city council may establish a reasonable permit fee by separate resolution to recover the city administrative costs in preparing and issuing permits and implementing and enforcing the provision of this division.
The police chief or police chief’s designee may issue an emergency permit for the purpose of making repairs to large vehicle that belongs to that resident, or to a guest of the household in which such resident resides for a 24 hour period, however it is unlawful to park the large vehicle within the front yard setback areas.
Sec. 58-303. – Postings of Signs.
Signs giving adequate notice of the restrictions contained in Section 58-301 shall be placed at the city limits, as well as at other appropriate locations as determined by the city engineer to be consistent with applicable law.
Sec. 58-304. – Tow-Away Authority
The chief of police is hereby authorized to remove any large vehicle as defined in Section 58-301 parked on a City street, unless permitted, pursuant to Vehicle Code § 22651(n).
SECTION 3. Severability.
If any or portion of this ordinance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of the ordinance remains in effect.
SECTION 4. Adoption and Effective Date.
The City Clerk shall certify to the passage of this Ordinance, and shall cause same to be posted as required by law, and this Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 18th day of July, 2022.
CITY OF POMONA:
_____________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Pomona held on June 6, 2022 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on July 18, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT NO. 1