Fullerton's Ovenright Parking Regulations

8.44.080 Early morning parking prohibited.

Except as in this section otherwise provided, no person shall park any vehicle on any street or highway in the city between the hours of two a.m. and five a.m. of any day.

EXEMPTIONS: Any vehicle may be so parked while the person in control thereof is on an emergency call and such vehicle while so parked:

A. Is occupied by a person who upon the demand of a police officer explains the circumstances of such call; or

B. Contains, in plain view from the outside of such vehicle, on the left side of the windshield, or on a window on the left side, or at the rear, of such vehicle, a notice stating that such vehicle is on an emergency call; or

C. Is an ambulance, a law enforcement or Fire Department vehicle; or

D. Is clearly marked by signs on its left side or on its rear portion or on its rear bumper showing that it is a vehicle of a physician or surgeon or a service vehicle of a plumber or electrician or of a municipal or public utility.

DEFINITIONS: As used in this section:

VEHICLE means a device by which any person or property may be propelled, moved, or drawn upon a highway and includes any self-propelled device and any device containing one or more wheels, rollers, cogs or tracks thereby capable of moving or being moved upon a highway;

STREET OR HIGHWAY means a way or place, other than an alley, publicly maintained and open to the public to use for the movement of vehicles;

PARK means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers;

EMERGENCY CALL means any call pertaining to any investigation or other activity of a law enforcement official and any call to provide any immediate need caused by the condition of any person or property.

EXCEPTIONS: Certain areas may be excepted from the provisions of this section by resolution of the City Council. This resolution may be amended from time to time by the City Council on its own motion or upon application by petition signed by the majority of the owners of the dwelling units in the area excepted or proposed to be excepted and with the advice of the Transportation and Circulation Commission. Exceptions may be granted for an area having an off-street parking deficiency under law pertaining to established minimum parking requirements for various residential zones, as it exists at the time any exception is considered and/or granted by the Commission or the City Council; or in compliance with policies and procedures approved by the City Council regarding overnight parking. Contiguous nondeficient areas may be included in excepted areas in order to create logical boundaries with regard to law enforcement, signing and street sweeping. The smallest area which may be excepted is one city block, either one or both sides. An exception issued pursuant to this subsection shall be valid only for relief from this section and shall not be construed to allow the violation of other provisions of this chapter or the California Vehicle Code.

SEVERABILITY: If the exception provisions of the section are declared illegal by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this section. It is the intent of the City Council that such remainder continue in full force and effect in spite of such declaration. (Ord. 2771 ? 1, 1991: Ord. 2257 ? 1, 1979: Ord. 1656 ? 1, 1970: prior code 3210.44 -- Ord. 996 ? 2 (part), 1959: Ord. 3031, 2003).

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