10.44.140 - Unlawful parking of vehicles, including vehicles parked, stopped or standing on public right-of-ways that are used for dwelling purposes.

(a)

No person shall park, stop or stand, or allow to park, stop or stand, or permit to remain for a period longer than two hours on any street, alley, highway, public way, or public place, any trailer, semi-trailer, or bus (all as defined in the vehicle code), or any mobile home, or any truck used primarily for business or commercial hauling and of a weight in excess of three-quarters ton capacity, unless such person has a written authorization or approval from the law enforcement agency, director, city administrator, and/or their designees. Notwithstanding the two-hour permissible maximum parking period allowed for in this section, said vehicle is required to adhere to all other applicable traffic and parking regulations as enumerated in this title, code and vehicle code, unless explicitly exempted.

(b)

No person shall park, allow to park or stand, or permit to park or stand any of the following vehicles: (1) trailer, (2) semi-trailer, (3) bus (all as defined in the vehicle code), (4) mobile home, or (5) any vehicle which is capable of greater than one thousand five hundred pounds (three-quarter ton) cargo capacity on any street, alley, highway, public way, or public place between the hours of two o'clock a.m. and six o'clock a.m. of any day.

(c)

Except as otherwise provided by statute, ordinance, resolution, permit, regulation, policy or other authorization by the city, no person shall park, stop, stand, or cause, allow or permit to park, stop, or stand, any vehicle, including mobile homes and recreational vehicles, used for dwelling purposes, in the streets, highways, alleys, public ways, public places, areas, or portions thereof.

(1)

For purposes of this chapter, "recreational vehicles" shall mean and include:

(A)

"Recreational vehicle" means a motor home, slide-in camper, travel trailer, or camping trailer, with or without motive power, designed for dwelling purposes for recreational or emergency occupancy.

(B)

"Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold to park or stand, and designed for dwelling purposes for recreational or emergency occupancy.

(C)

"Motor home" means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for dwelling purposes for recreational or emergency occupancy.

(D)

"Slide-in camper" means a portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for dwelling purposes for recreational or emergency occupancy and shall include a truck camper.

(E)

"Travel trailer" 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 dwelling purposes for recreational or emergency occupancy.

(2)

For purposes of this chapter, "dwelling" means and includes more than one of the following activities and when it reasonably appears, in light of all circumstances, that a person is using a vehicle for human habitation, as a place of residence and/or living accommodation: possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow; keeping and maintaining kitchen utensils, cookware, and cooking equipment; preparing or cooking meals inside or on the vehicle, or immediately adjacent and outside of the vehicle on public property; maintaining human waste, or unlawfully dumping human waste from the vehicle onto the public right-of-way; obscuring some or all of the vehicle's windows; and/or sleeping inside a vehicle.

(3)

Nothing herein precludes the enforcement of any other laws against recreational vehicles or vehicles used for dwelling purposes, such as parking restrictions, including, but not limited to, prohibition of overnight parking. In this regard, restricted streets, highways, alleys, public ways, public places, areas, or portions thereof, shall include those explicitly enumerated in city Resolution No. 18-94, and any amendments thereto.

(4)

Refusal to comply with this subsection after the person owning, operating, or in control of the subject vehicle has been warned by a law enforcement officer or other authorized city official designated to enforce this title that his or her conduct is in violation thereof, and is allowed a reasonable opportunity to comply but still refuses to do so, shall be subject to the city's penalty provisions, pursuant to Title 1 of this code.

(d)

This section shall not apply to a commercial truck (as established by a current registration with the state department of motor vehicles):

(1)

While such truck is being loaded or unloaded and such additional time is reasonably required for such loading and unloading operations; 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 on which such vehicle is parked for a period reasonably necessary to complete such service.

(3)

Said vehicle is, however, required to adhere to all other traffic and parking regulations as enumerated in this title, code and Vehicle Code, including loading and unloading time limitations.

(e)

The city manager, city engineer, or director, or their designees, are authorized to promulgate and publish rules and regulation to interpret and implement this section.

(Ord. No. 706, § 2, 2-5-2019; Ord. No. 754, § 5, 6-16-2020)