Council To Take Action On BIG & OVERSIZED Vehicles

Article Source: City of San Bruno CA

DATE: August 22, 2017

TO: Honorable Mayor and Members of the City Council

FROM: Marc Zafferano, City Attorney

Ed Barberini, Police Chief

SUBJECT: Receive Report and Provide Direction Regarding Amendments to San Bruno Municipal Code Chapter 7.24 (Restricted Street Use) for Oversized Vehicles

BACKGROUND:

Over the past several months, the Police Department has been receiving an increasing number of complaints about the parking of oversized vehicles on certain City streets. Since May 1, 2017, the Police Department received 95 such calls; in the same period, the City received 52 complaints made through its new Accela online reporting app, although staff later determined that some of those reports duplicated complaints already submitted directly to the Police Department or that had already been addressed.

San Bruno Municipal Code section 7.24.050 regulates parking of oversized vehicles as follows:

7.24.050 Regular parking of other large vehicles.

• Whenever a police officer finds that a vehicle not subject to Sections 7.24.010 through 7.24.040 which exceeds twenty-two feet in length or six feet six inches in width has been regularly and continuously parked on a street from which commercial vehicles are restricted pursuant to Sections 7.24.010 through 7.24.040, he or she shall notify the owner or operator to move the vehicle therefrom. Notice shall be rendered by either placing a written notice on the vehicle in a conspicuous place or by giving personal notice to the owner or operator.
• Such notice shall direct the owner or operator to remove the vehicle within twelve hours from the time of the notice, to keep the vehicle from being parked on a restricted street for one hundred twenty hours, and shall inform the owner or operator as to the streets on which the vehicle can be lawfully parked after its removal.
• It is unlawful for any person to fail, neglect, or refuse to obey the directions set forth in any notice rendered pursuant to this section.

D. This section shall not apply to the otherwise lawful parking of a pick-up truck or pick-up truck and camper combination. (Ord. 1393 § 1, 1981; Ord. 1376 § 1, 1981; prior code § 13-10.2)

One concern expressed was that the ordinance requires the Police Department to first warn the owner or operator of the vehicle before a citation can be issued twelve hours later. It was suggested that eliminating the warning requirement would result in more citations and fewer parked oversized vehicles.

Staff is informed that Section 7.24.050, which restricts only parking and not the use of the streets for travel, was adopted in response to large recreational vehicles parked on City streets. The purpose of the 12-hour warning period was reportedly to allow residents an opportunity to park their RV near their home before a trip so they could prepare it for departure. Cities have a valid interest in regulating the aesthetic appearance of their residential neighborhoods, and restricting large vehicles from parking for an extended period of time on such streets is a reasonable way of addressing this interest.

Section 7.24.050 is contained in Chapter 7.24 of the Municipal Code, titled "Restricted Street Use." Sections 7.24.010 - 7.24.040 address the use of streets and parking by "commercial" vehicles, as defined by California Vehicle Code section 260(a), and which exceed 6000 lbs. That section provides as follows:

• A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.
• Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.

(C) Any vanpool vehicle is not a commercial vehicle.

(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.

Thus, not all vehicles that may be used for commercial purposes are defined as "commercial" for purposes of the weight ordinance. For example, large SUVs or pickup trucks that may be used in a resident's general contracting business would likely exceed the weight limitation but would not be subject to the weight ordinance.

The purpose of Municipal Code sections 7.24.010 - 7.24.040 is to restrict heavy commercial vehicles from using or parking on certain streets because those streets have not been structurally designed for such use. Such provisions are common in many other city codes. Except for Millbrae, which has retained a 6,000 lb. weight restriction, most other nearby cities use 10,000 lbs. as the trigger for commercial vehicle routes and oversize vehicle ordinances. Vehicle Code section 22507.5 authorizes cities to regulate street use by vehicles weighing 10,000 lbs. or more, suggesting that the 6,000 lb. limit is now outdated.

State law (Vehicle Code section 21) preempts the field of local regulation of traffic and parking, except as specifically provided for elsewhere in the Vehicle Code. Through other provisions of the Vehicle Code and case law, the state has turned over "regulation of parking minutae to localities." Per Vehicle Code section 22507(a), cities may, by ordinance or resolution, prohibit or restrict the parking of vehicles on certain streets or highways or portions thereof, during all or certain hours of the day. Case law has established that restrictions can be applied to "any type of vehicle."

While given broad latitude, cities are nevertheless constrained by the constitutional requirement that all ordinances must have a "rational basis," and cannot otherwise violate due process, equal protection, the right to travel, or other constitutional provisions. Tb determine if an ordinance has a rational basis, the City must first articulate what problem exists, and then decide how to solve it consistent with other state laws and the constitution. Determining the purpose of an ordinance also informs the City's enforcement strategy, so that enforcement resources can properly and efficiently be focused on correcting the problem that the ordinance was designed to address.

DISCUSSION:

Eliminating the 12-hour warning period for vehicles that exceed 22' in length or 66" in height would authorize, but not require, officers to cite such vehicles immediately. After receiving a complaint, officers would retain discretion to warn, or to cite, depending on the circumstances of each individual situation. That discretion would be exercised after evaluating thewhich alternative would likely be the most effective means to resolve the problem that was brought to their attention.

For example, if the 12-hour warning period were eliminated, officers would still be unlikely to immediately cite the owner of an RV who has parked it in front of their house and who told the officer that their family is leaving the next morning for a vacation. Consistent with current practice, officers are more likely to warn individuals who they know are first-time offenders, and are also more likely to cite those who have been previously warned. In some circumstances, officers may be aware that some residents might not have a choice but to park their oversized vehicle on the street near their home, especially if their garage is too small or there is no off-street parking. The City may not want to place these residents in a position in which they may be forced to choose between paying escalating fines, selling their large vehicle, or moving their residence elsewhere. Therefore, eliminating the 12-hour warning period may not result• in any more citations or any fewer oversized vehicles parking on residential streets.

If the City Council wishes to amend the ordinance to remove the warning period, the edits shown in the attached ordinance would address that issue. Staff recommends that the City Council also consider conforming the weight limitation to state law by increasing it to 10,000 lbs. and clarifying that portion of the ordinance to conform to well-established enforcement practices that allow deliveries of parcels to residents.

FISCAL IMPACT:

It is unlikely that the ordinance change will have any fiscal impact for the reasons stated above.

RECOMMENDATION:

Receive Report and Provide Direction Regarding Amendments to San Bruno Municipal Code Chapter 7.24 (Restricted Street Use) for Oversized Vehicles

ALTERNATIVES:

• Request additional information to review and consider at a later meeting;
• Direct that staff discontinue working on this issue.

FULL Council Agenda Packet WITH Staff Reports can be viewed and downloaded from:

https://sanbruno.ca.gov/gov/elected_officials/city_council_minutes_n_agendas.htm

This document should be available late Friday before the Tuesday Council Meeting

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Robert Riechel

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Photo Credit: San Bruno CA Patch Archives

Source Credit: San Bruno CA City Council

Web Site: https://sanbruno.ca.gov

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