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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
STOPPING, STANDING AND PARKING

Editor's note--Section 1 of Ord. No. NS-404.2, adopted Oct. 22, 1979, repealed Div. B12, Ch. III, §§ B12-97--B12-192, relating to stopping, standing and parking. Section 2 of Ord. No. NS-404.2 added a new Ch. III, relating to abandoned vehicles, §§ B12-171--B12-188. Formerly, Ch. III was derived from Code 1954, §§ 10.1.2-1--10.1.2-8, 10.1.3-1--10.1.3-3, 10.1.4-1--10.1.4-4, 10.1.5-1--10.1.5-5.2, 10.1.6-1--10.1.6-4, 10.1.7-1--10.1.7-5, 10.1.10-1, 10.1.10-2, 10.1.11-1--10.1.11-6, and from the following ordinances:

Ord. No.	Date	Section
NS-3.16	10- 8-74	15
NS-300.36	12- 1-58	8
NS-404	12-26-67	1
NS-404.1	6-11-74	1--4
NS-1004.21	2-13-62	1
NS-1004.26	8-15-55	1
NS-1004.37	9-11-56	1
NS-1004.48	12-16-57	1
NS-1004.60	12- 7-59	1
NS-1004.82	2-13-62	1
NS-1004.87	7-16-62	1
NS-1004.89	9- 4-62	1
NS-1004.90	9-17-62	1--11
NS-1004.92	1- 6-64	1
NS-1004.93	6- 8-64	1, 2
NS-1004.96	4-11-66	2
NS-1004.97	7-11-66	1, 2
NS-1004.98	2-27-67	1
NS-1004.100	5-20-68	1
NS-1004.101	12-23-68	1
NS-1004.102	12-23-68	1
NS-1004.103	2-17-69	1, 2
NS-1004.104	12-16-69	1
NS-1004.105	11-23-71	1
NS-1004.107	9-26-72	1
NS-1004.108	7- 3-73	1
NS-1004.109	10-30-73	1
NS-1004.111	10- 8-74	1, 2
NS-1004.113	10-21-75	1
NS-1004.115	1-27-76	1
NS-1004.116	1-17-77	1
NS-1004.117	6-13-77	1
NS-1004.118	9-25-78	1
NS-1005.4	11-20-73	1, 2
NS-1005.5	10- 1-74	1
NS-1005.7	7-20-76	1--3
NS-1005.8	10-18-77	1

Subsequently, Ord. No. NS-1004.121, adopted Nov. 3, 1980, reinstated the provisions of Ch. III, §§ B12-97--B12-122, B12-124--B12-170. The editor has redesignated the provisions of §§ B12-171--B12-188 as Art. 4, changing the word "chapter," where it appears in those sections, to "article." Section 2 of Ord. No. NS-1004.121 declared the ordinance retroactive in effect to Oct. 22, 1979, because the sections contained in the ordinance were unintentionally, erroneously and mistakenly deleted at that time.

State law reference(s)--Authority to regulate parking, Vehicle Code §§ 22503, 22506, 22507, 22508.

ARTICLE 1.
GENERALLY

Sec. B12-97. Other laws and regulations not affected by this chapter.

The provisions of Articles 1 through 3 of this chapter are in addition to other parking regulations which are or may be imposed by the laws of this State and the provisions of this Code and shall not relieve any person from the duty to observe other and more restrictive provisions of the State Vehicle Code or this Code.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-98. Exemptions.

(a) The provisions of Articles 1 through 3 of this chapter regulating the parking and standing of vehicles shall not apply to any vehicle of the Sheriffs office or Fire Department, any public or private ambulance or any public utility vehicle, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any such vehicle mentioned in such articles is operated in the manner specified in the Vehicle Code in response to an emergency call.

(b) The provisions of Articles 1 through 3 of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a County department or public utility while necessarily in use for construction or repair.

(c) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his wilful disregard for the safety of others.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-99. Peace officers to enforce regulations.

It shall be the duty of the Sheriff, all Deputy Sheriffs and all Special Deputy Sheriffs appointed for such purpose to enforce all parking regulations of this County and all state vehicle laws applicable to parking in this County, except in those parking areas on County property policed by employees of General Services Agency or other County departments. General Services Agency will supply and maintain parking records for all departments which enforce parking regulations, except for the Sheriff's Department.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-100. Parking for certain purposes prohibited.

No person who owns or has possession, custody or control of any vehicle shall park or leave standing or cause to be left parked or left standing such vehicle upon any highway in the unincorporated territory of the County for the principal purpose of:

(a) Displaying such vehicle for sale; or

(b) Servicing, repairing, assembling, disassembling, modifying or otherwise working on such vehicle except repairs necessitated by an emergency.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-101. Parking exceeding 72 hours--Prohibited.

No person who owns or has possession, custody or control of any vehicle shall park or leave standing, or cause to be left parked or left standing, such vehicle upon any highway in the unincorporated territory of the County for a period of 72 or more consecutive hours.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-102. Same--Removal of vehicle.

In the event that any vehicle is parked or left standing on any highway in the unincorporated territory of the County for a period of 72 or more consecutive hours, any member of the California Highway Patrol or regularly employed and salaried deputy of the Sheriffs office of the County may remove such vehicle from the highway in the manner and subject to the requirements of the Vehicle Code.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-103. Same--Notice; lien for towing and storage.

In the event that any officer removes a vehicle from a highway pursuant to Section B12-101, such officer shall give the notices provided for in the Vehicle Code; and the keeper of the garage in which such vehicle is stored may have a lien thereon dependent upon possession for his compensation for towage and for caring for and keeping safe such vehicle subject to the requirements and conditions of the Vehicle Code.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-104. Declaration of congested area, adoption of regulations.

The Board of Supervisors may, from time to time, describe and declare as a congested area any section of the County in which has arisen the need for parking regulations. The Board shall adopt a resolution setting forth the description of the congested area and the parking regulations to be made applicable thereto.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-105. Director of Transportation Agency responsible for parking-control devices.

The Director of the Transportation Agency shall erect and maintain all parking-control signs, painted curbs, angle parking lines, and other like parking-control devices prescribed by Articles 1 through 3 of this chapter.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-106. Time limitations authorized; hours effective.

Any or all of the following time limitations may be placed on motor vehicles parking in congested areas, holidays excepted:

(a) Two-hour parking.

(b) One-hour parking.

(c) Thirty-minute parking.

(d) Fifteen-minute parking.

Unless otherwise specified, the limitations set forth above shall be effective only between the hours of 9:00 a.m. and 6:00 p.m. (Sundays and holidays excepted).

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-107. Parking prohibited authorized.

Parking may be prohibited in any sections of congested areas when it is shown that such parking would be detrimental to the best use of the street, or where such prohibition is necessary in order to facilitate the proper movement of traffic or to prevent congestion.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-108. Angle parking authorized.

Angle parking may be permitted in any section of a congested area.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-109. Marking for angle parking.

Whenever the Board of Supervisors designates a street or portion thereof where angle parking is permitted, the street shall be marked to indicate the angle at which vehicles shall be parked; and signs may be erected indicating that angle parking is permitted on said street or portion thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-110. Obedience to angle parking.

Whenever the Board of Supervisors permits angle parking, and authorized signs or street markings have been installed giving notice thereof, no person shall stop, stand or park any motor vehicle other than in the areas and at the angle to the curb or edge of the roadway indicated by such signs or markings.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-111. Two-hour parking signs required.

Whenever the Board of Supervisors designates a time limit of two hours, not less than two signs giving notice of said limit and the effective hours thereof shall be erected in each block which is subject to said limitation.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-112. Obedience to two-hour parking prohibition.

Whenever the Board of Supervisors by resolution designates an area in which a parking time limit of two hours is imposed, no person shall stop, stand or park any motor vehicle in violation of said time limit in the designated areas during the effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-113. One-hour parking signs required.

Whenever the Board of Supervisors designates a parking time limit of one hour, not less than two signs giving notice of said limit and the effective hours thereof shall be erected in each block which is subject to said limitation.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-114. Obedience to one-hour parking prohibition.

Whenever the Board of Supervisors by resolution designates an area in which a parking time limit of one hour is imposed, no person shall stop, stand or park any motor vehicle in violation of said time limit in the designated areas during the effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-115. Thirty-minute parking signs required.

Whenever the Board of Supervisors designates a parking time limit of 30 minutes, not less than two signs giving notice of said limit and the effective hours thereof shall be erected in each block which is subject to said limitation.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-116. Obedience to 30-minute parking prohibition.

Whenever the Board of Supervisors by resolution designates an area in which a parking time limit of 30 minutes is imposed, no person shall stop, stand or park any motor vehicle in violation of said time limit in the designated areas during the effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-117. Fifteen-minute parking signs required.

Whenever the Board of Supervisors designates a parking time limit of 15 minutes, not less than two signs giving notice of said regulation shall be erected in each block which is subject to said limitation.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-118. Obedience to 15-minute parking prohibition.

Whenever the Board of Supervisors by resolution designates an area in which a parking time limit of 15 minutes is imposed, no person shall stop, stand or park any motor vehicle in violation of said time limit in the designated areas during the effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-119. No-parking signs required.

Whenever the Board of Supervisors designates an area in which parking is prohibited, not less than two signs giving notice of said regulation shall be erected in each block which is subject to said limitation.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-120. Obedience to no-parking prohibition.

Whenever the Board of Supervisors by resolution designates an area in which parking is prohibited, no person shall stop, stand or park any motor vehicle in said designated area at any time except as otherwise specified.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-121. "Emergency parking only" signs required.

Whenever the Board of Supervisors designates an area in which emergency parking only is permitted, signs giving notice of such regulation shall be erected.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-122. Obedience to emergency parking only.

Whenever the Board of Supervisors by resolution designates an area in which emergency parking only is permitted, no person shall stop, stand or park any motor vehicle in said designated area at any time except when such vehicle is disabled in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in said designated area.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Secs. B12-123--B12-129. Reserved.

ARTICLE 2.
SPECIAL ZONES AND STANDS

Sec. B12-130. Zones authorized.

Commercial loading zones, passenger loading zones, taxi zones, bus loading zones and mail deposit zones may be established to regulate parking in any congested area.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-131. Use of commercial loading zone.

No person shall stop, stand or park any motor vehicle in a commercial loading zone except for the purpose of loading or unloading passengers or freight, and in no event for more than 20 minutes, holidays excepted.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-132. Marking of commercial loading zones.

Whenever this article establishes a commercial loading zone, the top and face of the curb of the section so established shall be painted yellow; and one sign shall be erected at each end of said zone giving notice of the nature and effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-133. Effective hours for commercial loading zones.

Unless otherwise specified, the effective hours for commercial loading zones shall be from 9:00 a.m. to 6:00 p.m.

(Ord. No. NS-1004.121, § 1, 11-3-80)

____

Sec. B12-134. Commercial loading zones designated.

The following described portions of the hereinafter mentioned public highways in the County are hereby declared to be congested areas designated as commercial loading zones and subject to the prohibition set forth in Section B12-131:

Name of Street	Description
Bascom Avenue, South	On west side from a point 100 feet north of Renova Drive to a point 50 feet northerly thereof.
Bayou Road	In front of maintenance building at Lick Observatory.
Brooklyn Avenue	On east side from a point 80 feet from the north property line of West San Carlos Street to a point 40 feet northerly thereof.
Cleveland Avenue	East side of Cleveland Avenue from West San Carlos Street to a point 50 feet north.
Elliot Street	On the southerly side between the westerly line of the San Jose-Los Gatos Road (State Highway) and a point 100 feet easterly therefrom.
Harmon Street	On south side from west property line of Meridian Avenue to a point 25 feet easterly thereof.
Moorpark Avenue	The northerly side from a point 141 feet west of Bascom Avenue to a point 161 feet thereof; 6:00 a.m. to 9:00 p.m., Saturdays, Sundays and holidays excepted.
Pacific Avenue	From a point 80 feet west of Sunol Street to a point 50 feet westerly thereof (south side).
Park Avenue	On south side from a point 300 feet west of the west property line of Lincoln Avenue to a point 30 feet westerly thereof.
Raymond Avenue	On west side from San Carlos Street to a point 100 feet south, except fireplug area.
San Carlos Street	On north side between points located 70 feet and 145 feet west of west property line of McAvoy Street.
San Carlos Street, West	On north side from a point 60 feet west of west property line of Sunol Street to a point 30 feet west thereof.
Topeka Avenue	Along property frontage of 14 Topeka Avenue.
Topeka Avenue	East side from West San Carlos Street to a point 125 feet north.
Wabash Avenue	The easterly side from the San Jose city boundary to 110 feet northerly thereof: 7:00 a.m. to 6:00 p.m. Saturday, Sunday and holidays excepted.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.123, § 2, 10-4-83; Ord. No. NS-1004.124, § 1, 11-8-83; Ord. No. NS-1004.126, § 1, 12-18-84; Ord. No. NS-1004.128, § 1, 6-17-86; Ord. No. NS-1004.132, § 1, 4-28-92; Ord. No. NS-1004.137, §§ 1, 2, 12-10-02)

Sec. B12-135. Use of passenger loading zones.

No person shall stop, stand or park any motor vehicle in a passenger loading zone except for the purpose of loading or unloading passengers, and in no event for more than five minutes, holidays excepted.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-136. Marking of passenger loading zones.

Whenever this article establishes a passenger loading zone, the top and face of the curb of the section so established shall be painted white; and one sign shall be erected at each end of said zone giving notice of the nature and effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-137. Effective hours for passenger loading zones.

Unless otherwise specified, the effective hours for passenger loading zones shall be from 9:00 a.m. to 6:00 p.m.; however, when a passenger loading zone is established in front of a theater, the limitation shall apply at all times except when the theater is closed.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-137.1. Passenger loading zones designated.

(a) The following portions of the hereinafter described public highways in the County are hereby declared congested areas and are designated passenger loading zones, subject to the prohibition set forth in Section B12-135:

Name of Street	Description
Hamilton Avenue	On south side from a point 260 feet east of east property line of Hurst Avenue to a point 40 feet to the east thereof.
Penitencia Creek Road	On south side from a point 6 feet east of entrance to Toyon School to a point 100 feet to the west thereof.

(b) The Board of Supervisors may designate additional passenger loading zones by way of resolution.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.130, § I, 10-2-90; Ord. No. NS-1004.36, § 1, 9-19-00)

Sec. B12-138. Use of taxi zone.

Only commercial taxis may stand or park in any taxi zone at any time.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-139. Marking of taxi zones.

Whenever this article establishes a taxi zone, the top and face of the curb of the section so established shall be painted white; and one sign shall be erected in said zone giving notice of the nature and effective hours thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-139.1. Taxi zones designated.

The following described portions of the hereinafter mentioned public highways in the County are hereby declared to be congested areas designated as taxi zones and subject to the prohibition set forth in Section B12-138:

Name of Street	Description
Los Gatos-Saratoga Road	Parking space located on the west side approximately 120 feet south of the south property line of Big Basin Way.
Los Gatos-Saratoga Road	Parking space located on the east side approximately 50 feet south of the south end of return, southeast corner of Big Basin Way.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-140. Use of bus zone.

Only commercial or school buses may stand or park in any bus zone at any time.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-141. Identification of bus zones.

Whenever this article establishes a bus zone, the top and face of the curb therein, if any, shall be painted red; and one or more appropriate signs shall be erected to identify the zone.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-142. Establishment of bus zones.

Bus zones shall be established by duly adopted resolution of the Board of Supervisors, and, unless otherwise indicated in the resolution, shall extend 100 feet from the curb or pavement edge of the intersecting street, if any.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-143. Use of mail deposit zone.

No person shall stop, stand or park any motor vehicle in a mail deposit zone except for the purpose of depositing mail in an adjacent mailbox.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-144. Marking of mail deposit zones.

Whenever this article establishes a mail deposit zone, the top and face of the curb of the section so established shall be painted white.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-145. Mail deposit zones designated.

The following described portions of the hereinafter mentioned public highways in the County are hereby designated as mail deposit zones and subject to the prohibition set forth in Section B12-143:

Name of Street	Description
Hamilton Avenue	North side from a point 70 feet east of the extension of the east property line of Hurst Avenue to a point 33 feet to the east thereof.
Race Street	In front of 259 Race Street.
San Carlos	On south side from a point 92 feet west of west property line of Irving Avenue to a point 136 feet west of west property line of Irving Avenue.

(Ord. No. NS-1004.121, § 1, 11-3-80)

____

Sec. B12-146. Loading spaces declared for packinghouses and warehouses.

The eight-foot-wide portions of the public street or highway adjacent to the curb or shoulder located in front of the doors of packinghouses, warehouses and similar establishments, which doors are used for the loading or unloading of produce, are hereby declared to be loading spaces.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-147. Application for loading space designation.

Any person desiring the designation of a loading space shall make application therefor to the Board of Supervisors in the manner specified by said Board.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-148. Determination of loading space.

Upon receipt of the application, the Board of Supervisors may determine the extent of the loading space, which shall then be designated by uniform enameled metal signs erected on approved metal posts, said signs to be purchased and installed by the applicant under the direction of the Board.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-149. Use of loading space.

No operator of any vehicle shall stop, stand or park such vehicle in such designated space except while actually loading or unloading produce or merchandise therefrom, and then only for a period of time no longer than is necessary for the expeditious loading or unloading thereof.

(Ord. No. NS-1004.121, § 1, 11-3-80)

Sec. B12-150. Prohibition of solicitation of employment, business, money or other property.

(a) The activity of solicitation between occupants of vehicles in the roadway and persons within the public right-of-way distracts drivers from the primary duties of watching for traffic and potential road hazards, watching for pedestrians, observing traffic control signals and warnings and otherwise safely driving through the County's streets and intersections.

(b) The activity of solicitation between occupants of vehicles in the roadway and persons within the public right-of-way impedes, delays and obstructs the free flow of traffic on County streets, and results in congestion and blockage of the streets, driveways and sidewalks when persons approach vehicles to negotiate with the occupants and when motorists slow or stop their vehicles to solicit the services of such persons.

(c) A motorist causes his or her own distraction and/or the distraction of other motorists when attempting to maneuver his or her vehicle while, at the same time, attempting to negotiate a verbal employment contact or other solicitation request.

(d) Distracted drivers create an unsafe condition for persons engaging in solicitations, pedestrian traffic and vehicle traffic generally because such drivers are more prone to automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem, which problem further impedes and prevents the orderly flow of traffic.

(e) The traffic safety hazards resulting from the conduct described above is greatest in areas of the County where significant numbers of motorists tend to converge to solicit persons in the public right-of-way and where significant numbers of persons tend to converge in the public right-of-way to solicit motorists.

(f) Significant numbers of motorists and persons tend to frequent certain areas within the County on a daily basis to solicit work.

(g) The cumulative impact of this type of activity on certain of the County's streets, highways and sidewalks on a daily basis has created a potential safety hazard which poses a significant and substantial risk to the interest of the public in the free flow of travel in the County.

(Ord. No. NS-1004.135, § 1, 6-9-98)

Sec. B12-151. Definitions.

The definitions set forth in this part shall govern the application and interpretation of this chapter:

(a) "Business" means any type of product, goods, service, performance or activity that is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.

(b) "Employment" means services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.

(c) "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability of or for employment, the sale of goods, or a request for money or other property; or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.

(Ord. No. NS-1004.135, § 2, 6-9-98)

Sec. B12-152. Prohibition of solicitation in public right-of-way.

(a) It shall be unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including, but not limited to public streets, highways or driveways.

(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property from a person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway.

(Ord. No. NS-1004.135, § 3, 6-9-98)

Sec. B12-153. No vehicle solicitation zone.

(a) The Director of the Santa Clara Roads and Airports Department may declare any area of the County to be a no vehicle solicitation zone if he or she finds, based upon traffic volume, traffic patterns, and the nature of the conduct of the solicitation activity that solicitation occurring in that area is creating a public nuisance or is adversely affecting public health, safety and welfare.

(b) The prohibitions set forth in Section B12-152 shall not be enforceable in any area declared to be a no vehicle solicitation zone until the County of Santa Clara has posted signs giving notice of the prohibition.

(Ord. No. NS-1004.135, § 4, 6-9-98)

Sec. B12-154. Penalty.

Any person convicted of a misdemeanor under this section shall be punishable by a fine of not more than $500.00, or imprisonment in the County jail for a period not to exceed six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every violation of any provision of this section which is committed or permitted by such person, and shall be punishable accordingly.

(Ord. No. NS-1004.135, § 5, 6-9-98)

Sec. B12-155. Reserved.

ARTICLE 3.
PARKING REGULATIONS ON COUNTY PROPERTY

Sec. B12-156. Regulations imposed; notice.

(a) Parking regulations are hereby imposed upon the drives and parking areas of property owned, leased and managed by the County. Notice of the regulations is provided by the erection, placement or painting of signs on the property or by marking the property.

(b) More than one regulation may be applicable to a parking area where a sign or marking gives notice of the regulations.

(c) Parking regulations are applicable to parking areas at all times unless the days and hours when the regulations apply are specifically indicated.

(d) Parking regulations which permit a vehicle to be parked or left standing do not restrict the period of time that the vehicle may be parked or left standing unless a period of time is specifically indicated.

(e) For the purpose of this article, a regulation or restriction shall be "indicated" by a sign or marking.

(f) For the purpose of this article, a parking "area" includes a parking space.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.125, § 1, 2-28-84; Ord. No. NS-1004.127, § 1, 1-28-86; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-157. Parking regulations.

Parking regulations and the signs and markings which provide notice of the regulations are set forth below.

(a) No parking:

(1) Sign or marking: The sign or marking shall have the designation "No Parking" or the top and face of the curb shall be painted red.

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended.

(b) Limited parking:

(1) Sign or marking: The sign or marking shall have the designation "Limited Parking" and shall indicate the length of time a vehicle may be parked or left standing.

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, in excess of the length of time indicated, other than a vehicle bearing a state "Disabled Person" license plate or placard or a County "Disabled Person" parking permit.

(c) Reserved parking:

(1) Sign or marking: The sign or marking shall have the designation "Reserved Parking" and shall indicate the official to whom or the department of the County, specific vehicle or classification of users, including jurors where appropriate, to which said parking area is assigned.

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than a specifically eligible vehicle, or a vehicle bearing a valid parking permit identifying it as the vehicle of an official to whom, or of the department of the County, or classification of users to which, the area has been assigned.

(d) County employee:

(1) Sign or marking: The sign or marking shall have the designation "Permit" or "C Permit."

(2) Regulations: No person shall park or leave standing in said area, whether attended or unattended, other than a vehicle bearing an "A" or a "C" County parking permit, regular or valid temporary, a vehicle bearing a state "Disabled Person" license or placard, or a County "Disabled Person" permit.

(e) County vehicles or "E" vehicles:

(1) Sign or marking: The sign or marking shall have the designation "`E' Vehicles."

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than:

a. A vehicle bearing an "E" license plate.

b. A vehicle owned by the County, state, or federal government, or any subdivision thereof.

(f) Loading zone:

(1) Sign or marking: The sign or marking shall have the designation "Loading Zone," or the top and face of the curb shall be painted yellow with "Loading Zone" painted thereon in dark letters.

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than a vehicle engaged in the loading or unloading of supplies, material or equipment for such period of time as is necessary to load and unload the vehicle; but such period of time shall not exceed any period of time indicated by a sign or marking.

(g) Visitor parking:

(1) Sign or marking: The sign or marking shall have the designation "Visitor" or "Visitor Parking."

(2) Regulations: From 8:00 a.m. to 5:00 p.m., Monday through Fridays, excluding holidays, no person shall park or leave standing in said area any vehicle, whether attended or unattended, other than:

a. A vehicle parked or left standing for three hours or less by a member of the general public while using County buildings or facilities;

b. An official vehicle of the County, state, or federal government, or any subdivision thereof, when the "`E' vehicles" areas are full;

c. A vehicle bearing a "Press Parking" permit or a state "Press Photographer" license plate, when "Press Parking" areas are full;

d. A vehicle bearing a state "Disabled Person" license plate or placard or a County "Disabled Person" parking permit;

e. A vehicle bearing an "A" permit; or

f. A vehicle bearing a jury duty notice when "Reserved Parking" areas assigned to jurors are full.

Vehicles of County employees shall not be parked in "Visitor" or "Visitor Parking" areas during the effective hours of the regulation, whether or not a parking permit is affixed to the vehicle.

(h) Disabled person parking:

(1) Sign or marking: The sign shall consist of a profile view of a wheelchair with occupant in white on a blue background, or the marking on the surface of the parking area shall consist of a profile view of a wheelchair with occupant in white or suitable contrasting color on an area or space painted or outlined in blue.

(2) Regulations: No person shall park or leave standing in said area or space any vehicle, whether attended or unattended, other than a vehicle displaying a state "Disabled Person" license plate or placard.

A vehicle which has been parked or left standing in violation of this provision may be removed to a public garage if the area is designated for disabled persons in accordance with requirements of the Vehicle Code.

(i) Carpool parking:

(1) Sign or marking: The sign or marking shall have the designation "Carpool Parking."

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than a vehicle which bears a "Carpool" permit or placard which has been issued for the carpool parking area.

(j) GSA service vehicle parking:

(1) Sign or marking: The sign or marking shall have the designation "GSA Service Vehicle."

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than a vehicle bearing a special "General Services Agency" permit.

(k) Press parking:

(1) Sign or marking: The sign or marking shall have the designation "Press Parking Only."

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than a vehicle bearing a special "Press Parking" permit or a state "Press Photographer" license plate.

(l) Tow-away zone:

(1) Sign or marking: The sign or marking shall have the designation "Tow-Away Zone."

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended. A vehicle which has been parked or left standing in violation of this regulation may be removed in accordance with the provisions of the Vehicle Code.

(m) Boards and commissions:

(1) Sign or marking: The sign or marking shall have the designation "Boards and Commissions."

(2) Regulations: No person shall park or leave standing in said area any vehicle, whether attended or unattended, other than a vehicle bearing an "A" permit which has been issued to a member of a County board or commission for parking in specifically assigned "Boards and Commissions" parking areas.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.125, § 2, 2-8-84; Ord. No. NS-1004.127, § 2, 1-28-86; Ord. No. NS-1004.129, § 1, 6-19-90; Ord. No. NS-1004.133, § 1, 8-4-92)

Sec. B12-157.1. Parking regulations at the Civic Center.

(a) Signs shall be posted at the entrances and exits of the Civic Center parking garage listing the schedule of fees, rates and charges established for the use of this facility. The fees, rates and charges shall be set by resolution of the Board of Supervisors.

(b) No person shall park or leave standing in the Civic Center parking garage any vehicle, whether attended or unattended, without paying the required fees, rates and charges.

(c) Immediately after parking a vehicle in a metered parking space in the Civic Center parking garage, the operator of the vehicle shall deposit one or more coins in the metering device and turn the crank, knob or handle to activate the device. It shall be an infraction for any vehicle to remain parked in a metered parking space after the metering device has expired.

(d) No person shall deposit in a metering device in the Civic Center parking garage any defaced or bent coin, or any slug, device or metallic substitute for a lawful coin. No person shall break, injure, deface or destroy any such metering device.

(Ord. No. NS-1004.133, § 2, 8-4-92)

Sec. B12-158. Parking permits.

(a) County permits: County parking permits are issued to persons designated by the County Executive or persons authorized by the County Executive to issue permits in accordance with this article. Permits are divided into three categories, as follows: regular, temporary, and special permits.

(1) Regular permits:

a. "A" permit: Shall consist of two bumper stickers (one displaying a green letter "A", the other displaying the current year) and shall be issued to members of the Board of Supervisors, the County Executive, employees in the executive management group, judges, board and commission members, and other persons designated by the County Executive.

b. "C" permit: Shall consist of one bumper sticker (displaying a blue letter "C") and shall be issued to County employees and to other designated persons who provide services to or on behalf of the County.

(2) Temporary permits: Temporary parking permits shall consist of a card which displays an "A" or "C" in one of four colors. The color of the permit indicates the quarter of the year during which the permit is valid as follows:

a. Blue - January--March;

b. Pink - April--June;

c. Green - July--September; and

d. Yellow - October--December.

The period of time for which the permit is valid, indicating the expiration date of the permit, and the name of the department or office which issued the permit, shall be typed or written in ink on the face of the permit. Temporary "A" and "C" permits are valid only for the period of time typed or written on the face. A permit which does not set forth in type or ink the name of the department or office which issued the permit and the expiration date is invalid. Temporary "A" and "C" permits may be issued by department heads to visitors and temporary employees.

Department heads shall maintain a record of the persons to whom they have issued temporary "A" permits and the expiration dates of the permits.

(3) Special permits: Special permits are issued by the County Executive or persons authorized by the County Executive to County employees and other persons who have special parking needs or who provide special services to or on behalf of the County.

a. "Carpool" permit or "Carpool" placard: Shall consist of a card or placard and shall be issued to County employees who meet requirements of carpool programs.

b. "Press Parking" permit: Shall consist of a card and shall be issued to duly accredited members of the press or other news media.

c. County "Temporarily Disabled Person" permit: Shall consist of a placard and shall be issued on recommendation of a physician to any County employee whose physical mobility has been temporarily impaired. Permit shall be valid for no more than 30 days. Any employee requiring a permit for longer than 30 days should apply for a state "Disabled Person" license plate or parking placard.

d. "General Services Agency" permit: Shall consist of a placard and shall be issued for vehicles which are authorized to park in areas designated for GSA service vehicle parking.

e. "Official County Business" permit: Shall consist of a placard and shall be issued to certain County employees for use when required to appear in court on behalf of the County or when delivering documents to court.

f. "Jury Duty" permit: Shall consist of notice issued by the Municipal and Superior Courts to persons called to perform jury duty.

g. State permits:

1. "Disabled Person" license plate or parking placard: Shall consist of a license plate or placard and shall be issued by the State Department of Motor Vehicles due to the disability of a person.

2. "Press Photographer" license plate: Shall consist of a license plate (displaying "PP" enclosed within a triangle) and shall be issued by the State Department of Motor Vehicles to statutorily authorized persons.

(b) Location of permit on vehicle: In order for a permit to authorize the parking of a vehicle, the permit shall be placed or affixed to the vehicle in the following manner:

(1) Regular "A," "C" and "General Services Agency" permits: Positioned so as to be clearly visible to anyone standing at the rear of the vehicle.

(2) "Disabled Person" license plates, placards or permits: Positioned so as to be clearly visible to anyone standing at the front or rear of the vehicle.

(3) Temporary "A," "C" and "Carpool" permits or placards: Positioned on the inside of the rear window facing outward, or if impossible, positioned on the front dashboard clearly visible through the front window.

(4) "Official County Business" permit or "Press Parking" permit or "Jury Duty" notice: Positioned on the front dashboard clearly visible through the front window.

A permit shall be invalid if it is improperly placed or affixed on the vehicle, is defaced, illegible, has been removed and reapplied to another vehicle, has expired, or is improperly completed.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.125, § 3, 2-28-84; Ord. No. NS-1004.127, § 3, 1-26-86; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-159. Proper positioning of vehicles.

All vehicles parked or left standing on any County property shall be positioned so as to be entirely within a parking space and shall also be positioned so that the front end of the vehicle is facing the divided or closed end of the parking space. Owners of vehicles which are improperly parked or left standing may receive citations. Vehicles over 20 feet in length shall not be parked on County property without prior written approval of the Director of the General Services Agency.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-160. Speed limit.

No person shall drive or operate any vehicle on or across any of the drives or parking areas on County-owned, -leased or -managed property at a speed in excess of 15 miles per hour, unless otherwise indicated.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-161. Obstruction of drive areas.

No person shall stop or leave standing any vehicle, attended or unattended, in any drive area adjoining or leading to any County building so as to obstruct traffic.

(Ord. No. NS-1004.121 § 1, 11-3-80; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-162. Nonresponsibility of County for loss or damage to vehicles.

The County shall not be responsible for loss or damage to any vehicle which is parked or left standing on County property, or to any personal property situated therein, by reason of fire, theft or any other cause. Persons who park or leave vehicles standing on County property do so at their own risk.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-163. Notice of regulations.

Vehicles shall not be parked or left standing on property owned, leased or managed by the County except in parking areas designated by signs or markings. Notice of the regulations which are applicable to parking areas shall be given by appropriate signs which shall be erected at the entrance to such parking areas.

Copies of parking regulations shall be available for examination by all interested persons at the offices of the Clerk of the Board of Supervisors, the County Executive, the General Services Agency, and the Sheriff.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-164. Penalty.

The failure or refusal of any person to comply with any of the regulations set forth in this article shall constitute a violation of Vehicle Code § 21113 and shall be punishable as provided in Vehicle Code § 42001. In addition to the above-mentioned penalties, all vehicles improperly parked in any drive or parking area may be towed away or removed at the owner's expense, as provided in Vehicle Code §§ 22519, 22651 and 21652.

(Ord. No. NS-1004.121, § 1, 11-3-80; Ord. No. NS-1004.127, § 4, 1-28-86; Ord. No. NS-1004.129, § 1, 6-19-90)

Sec. B12-165. Reserved.

Editor's note--Section B12-165, relating to the visitor parking lot on the corner of San Pedro and Hedding streets, derived from Ord. No. NS-1004.121, § 1, adopted Nov. 3, 1980, and Ord. No. NS-1004.125, § 4, adopted Feb. 28, 1984, was repealed by § 5 of Ord. No. NS-1004.127, adopted Jan. 28, 1986.

Secs. B12-166--B12-170. Reserved.

ARTICLE 4.
ABANDONED AND INOPERATIVE VEHICLES*

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Editor's note--It should be noted that Ord. No. NS-404.3, § 1, adopted May 9, 2000, repealed Div. 4, §§ B12-171--B12-188, which pertained to abandoned vehicles. Section 2 of said ordinance enacted provisions designated as a new Div. 4, §§ B12-171--B12-189, to read as herein set out. See the Code Comparative Table.

Note--See also the editor's footnote at the beginning of this chapter, § B12-97 et seq.

------------

Sec. B12-171. Purpose.

The provisions of this article are intended to provide a procedure for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof, and are enacted under the authority granted by the State of California, under California Vehicle Code §§ 22660 and 22661. It is the intent of the Board of Supervisors to provide for the abatement of public nuisances consisting of abandoned, wrecked, dismantled or inoperative vehicles. This process may be conducted concurrently with or separately from the abatement of other conditions (if any) constituting a public nuisance on any premises within the County,

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-172. Declaration of public nuisance.

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare.

Therefore, the presence in the unincorporated area of the County of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-173. Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Abandoned vehicle shall mean a vehicle or the integral portions of a vehicle which is in inoperable or neglected condition, whose owner has ceased to exert or exercise any interest, right or title therein without intent to reassert such interest, right or title.

Director shall mean the Planning Director of the County of Santa Clara, or his/her authorized designee.

Dismantled vehicle shall mean a vehicle which lacks an engine, transmission, windshield, one or more wheels, tires, or doors; or any other part or equipment necessary to operate safely on the highways, or which has been taken apart, or to pieces or stripped, or otherwise deprived of its integral parts or equipment.

Highway shall mean a way or place of whatever nature, publicly maintained and open to the public's use for purposes of vehicular travel and shall include streets.

Inoperative vehicle shall mean a vehicle that cannot be immediately started and moved under its own power, or which is physically incapable of working, functioning or otherwise operating to produce its designed effect.

Property owner shall mean the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.

Public property does not include "highway."

Street shall mean all or any part of the entire width of the right-of-way of a County street, road, lane, or highway, whether or not such entire area is actually used for highway purposes.

Vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

Vehicle owner shall mean the last registered owner and legal owner of record.

Wrecked vehicle shall mean a vehicle which consists of disordered or broken remains, or which has been brought to a physically impaired or unsound condition, or other ruinous state by reasons of collision or other forceful impact.

Zoning Investigator shall mean the person designated to assist the Director in the administration and enforcement of this chapter and shall have those responsibilities and rights as further set forth in this chapter, including but not limited to the removal of vehicles or parts thereof as allowed by this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-174. Acts prohibited.

Except where provided by Section B12-175, no person shall do the following in the unincorporated area of the County:

(1) Abandon a vehicle or parts thereof, on private or public property; or

(2) Park or store a vehicle or part thereof on private or public property in an abandoned, wrecked, dismantled or inoperative condition.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-175. Exemptions.

This article shall not apply to any of the following;

(1) A vehicle or part thereof that is either completely enclosed within a building, or is situated within a backyard of any premises and screened in such a manner that it is not visible from the street or other public or private property.

(2) A vehicle or part thereof, that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.

(3) A vehicle, or part thereof, that is located behind a solid, six-foot high fence and is not visible from a highway or street.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 of Division 11 of the State Vehicle Code (Vehicle Code § 22650 et seq.) and this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-176. Enforcement.

Except as otherwise provided in this article, the provisions of this article shall be administered and enforced by the Director. The Director may enter private or public property to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-177. Right of contractor for removal.

When the Board of Supervisors has contracted with or granted a franchise to any person to carry out the purpose of this article, such person(s) shall be authorized to enter private or public property to remove a vehicle or part thereof declared to be a nuisance as specified in this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-178. Alternative means of enforcement.

This article is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the unincorporated area of the County. It shall supplement the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the State, or any other legal entity or agency having jurisdiction. Nothing in this article shall be deemed to prevent the Board of Supervisors from authorizing the County Counsel to commence any other available civil or criminal proceedings to abate a public nuisance under applicable provisions of state law as an alternative to proceedings set forth in this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-179. Abatement and removal authority.

Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property within the County, the Director or his/her representative shall have the authority to serve abatement notices and cause subsequent removal in accordance with the procedures prescribed in this article.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-180. Abatement notice.

The following abatement process is required prior to removal of any vehicle or parts thereof, as provided in this article:

(1) The Zoning Investigator shall send a letter (hereafter referred to as "letter") to the property owner and the vehicle owner notifying them of the vehicle violation(s). The property owner or vehicle owner will have ten days from the date of the letter to correct the violation. If the vehicle is in such condition that identification numbers are not available to determine ownership, a letter will be posted on the property and on the vehicle. All reasonable efforts will be made by the County to notify the property and/or vehicle owner of the County ordinance violation(s).

(2) At the end of the ten days, a re-inspection of the property will occur. If the violation still exists, the Zoning Investigator will send to the property and vehicle owner a ten-day "notice of intention to abate" (hereafter referred to as "notice") via certified or registered mail. If the vehicle identification numbers are not available to determine ownership, the abatement letter will be posted on the vehicle.

The notice shall include the following information:

a. Property owner's name and address.

b. Assessor's parcel number.

c. Vehicle identification.

d. A statement that the property owner or vehicle owner may request a hearing before the Director to appeal the abatement letter and/or notice.

e. A statement that the property owner or vehicle owner may appear in person at the hearing, or, in lieu of appearing, may submit a sworn written statement denying responsibility for the presence of the vehicle on the property, with his/her reasons for such denial.

f. A statement indicating that failure to take action requested or request a hearing within the specified ten-day period will be deemed a waiver of such rights and the Director will abate the nuisance.

g. The requirement that after the vehicle is removed, it shall not be reconstructed or made operable except as provided in California Vehicle Code § 5004.

(3) The notice will be mailed by registered or certified mail, to the property owner as shown on the last equalized assessment roll, and to the last registered and legal owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.

(4) The notice is not required when the vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and, each of the following conditions are found to exist by the Zoning Investigator:

a. The vehicle or part thereof is incapable of being towed;

b. The vehicle is valued at less than $200.00 by a person specified in California Vehicle Code § 22855.

c. The vehicle or part thereof is determined by the Zoning Investigator to be a public nuisance presenting an immediate threat to public health or safety;

d. The property owner and the vehicle owner have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; and

e. All other provisions of California Vehicle Code § 22661(c) have been satisfied.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-181. Request for hearing by the Director.

The vehicle owner and/or the owner of the property on which the vehicle is located shall have the right to request a public hearing before the Director, to consider the decision of the Zoning Investigator. The request shall be submitted in writing to the Director within ten days after mailing of the notice. Such request shall be accompanied by a fee as established by the Board of Supervisors. The property or vehicle owner can present information to show reasons why he/she is not responsible for the violation and therefore, not liable for the administrative County costs associated with the abatement process.

If a request for hearing is not received within the ten-day period, the Director shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-182. Hearing procedure by the Director.

(a) Upon timely appeal of the Zoning Investigator's decision, a public hearing shall be conducted by the Director who will consider all facts and testimony as he/she considers appropriate. The facts and testimony may include the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The property owner or vehicle owner may appear in person at the hearing or, in lieu of appearing, present a sworn, written statement for consideration at the review regarding responsibility for the presence of the vehicle on the land or any other relevant information.

(b) At the conclusion of the hearing, the Director shall reverse, modify or affirm the determinations of the Zoning Investigator and make such orders and confirmation of costs as appropriate. The decision shall be in writing, shall contain findings of fact and be filed with the Planning Commission secretary.

(1) Where a nuisance is declared, the decision shall contain a finding that the vehicle or part thereof was "abandoned, wrecked, dismantled or inoperative" thereby constituting a public nuisance, include the basis for that finding and order the abatement and removal of the vehicle or part thereof.

(2) A copy of the decision shall be sent to the property owner and vehicle owner.

(c) If the Director finds that the vehicle constitutes a public nuisance under this article, the Director shall order the vehicle removed and disposed of as specified in this article and assess any removal and/or administrative costs to be charged against the property owner. The order requiring removal shall include a description of the vehicle or parts thereof, the corresponding identification and license number of the vehicle, if available.

(d) If it is determined at the hearing that the vehicle was placed on the land without consent of the property owner and he/she did not subsequently acquiesce to its presence, then the Director shall waive the costs of administration or removal of the vehicle against the property upon which the vehicle is located and may not otherwise attempt to collect such costs from such property owner.

(e) The property owner or vehicle owner need not file a sworn statement if attending the hearing, but may do so. Such sworn statement will be considered only as to the vehicle(s) or parts thereof, and will not be considered as evidence of any other condition on the property which may be found to constitute a nuisance in this or any other proceeding.

(f) If the property owner does not abate the violation(s) following the expiration of the appeal period, the Director shall have the authority to abate and remove the violation and charge the property owner for removal and administrative costs. If the property owner does not pay the bill within 30 days of its mailing, a lien will be placed on the property for the original costs and any subsequent administrative costs to abate the original vehicle violation(s).

(g) The property owner and/or vehicle owner has the right to appeal the Director's decision as specified in Section B12-183.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-183. Request for a hearing by the Planning Commission.

The vehicle owner and/or the owner of the property on which the vehicle is located shall have the right to request a public hearing before the Planning Commission, to consider the decision of the Director. The request shall be submitted in writing to the Director within ten days after receiving the notice. Such request shall be accompanied by a fee as established by the Board of Supervisors. The property or vehicle owner can present information to show reasons why he/she is not responsible for the violation and therefore, not liable for the administrative County costs associated with the abatement process.

If a request for hearing is not received within the ten-day period, the Director shall have the authority to abate and remove the vehicle or part thereof as a public nuisance.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-184. Hearing procedure by the Planning Commission.

(a) Upon timely appeal of the Director's decision, a public hearing shall be conducted by the Planning Commission which will consider all facts and testimony as the Commission considers appropriate. The facts and testimony may include the condition of the vehicle or parts thereof and the circumstances concerning its location on private or public property. The property owner or vehicle owner may appear in person at the hearing or, in lieu of appearing, present a sworn, written statement for consideration at the review regarding responsibility for the presence of the vehicle on the land or any other relevant information.

(b) At the conclusion of the hearing, the Planning Commission shall reverse, modify or affirm the determinations of the Director and make such orders and confirmation of costs as appropriate. The decision shall be in writing, shall contain findings of fact and be filed with the Planning Commission secretary.

(1) Where a nuisance is declared, the decision shall contain a finding that the vehicle or part thereof was "abandoned, wrecked, dismantled or inoperative" thereby constituting a public nuisance, include the basis for that finding and order the abatement and removal of the vehicle or parts thereof.

(2) A copy of the decision shall be sent to the property owner and vehicle owner.

(c) If the Planning Commission finds that the vehicle constitutes a public nuisance under this article, the Planning Commission shall order the vehicle removed and disposed of as specified in this article and assess any removal and/or administrative costs to be charged against the property owner. The order requiring removal shall include a description of the vehicle or parts thereof, the corresponding identification and license number of the vehicle, if available.

(d) If it is determined at the hearing that the vehicle was placed on the land without consent of the property owner and he/she did not subsequently acquiesce to its presence, then the Planning Commission shall waive the costs of administration or removal of the vehicle against the property upon which the vehicle is located and may not otherwise attempt to collect such costs from such property owner.

(e) The property owner or vehicle owner need not file a sworn statement if attending the hearing, but may do so. Such sworn statement will be considered only as to the vehicle(s) or parts thereof, and will not be considered as evidence of any other condition on the property which may be found to constitute a nuisance in this or any other proceeding.

(f) If the property owner does not abate the violation(s) following the expiration of the appeal period, the Director shall have the authority to abate and remove the violation and charge the property owner for removal and administrative costs. If the property owner does not pay the bill within 30 days of its mailing, a lien will be placed on the property for the original costs and any subsequent administrative costs to abate the original vehicle violation(s).

(g) The decision of the Planning Commission on this matter is final.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-185. Removal of vehicle.

Ten days after the determination by the Director or Planning Commission declaring the vehicle or parts thereof to be a public nuisance, the vehicle or parts thereof may be disposed of, by removal to a scrap yard or automobile dismantler's yard.

After a vehicle has been removed it shall not be reconstructed or made operable unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to California Vehicle Code § 5004.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-186. Removal of motor vehicles and transfer of title.

Thereafter the licensed dismantler or owner of the commercial enterprise who receives possession of the vehicle from the County shall be deemed to be the sole vehicle owner by reason of voluntary sale and transfer made pursuant to the law. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code § 5004.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-187. Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-188. Triple costs of abatement upon repeated violations.

If a property owner commits additional vehicle abatement violations within a two-year period, the County may order the property owner to pay triple (three times) the cost of the additional vehicle abatement(s).

(Ord. No. NS-404.3, § 2, 5-9-00)

Sec. B12-189. Violation.

It is unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this article or state law where such state law is applicable.

(Ord. No. NS-404.3, § 2, 5-9-00)

Secs. B12-190--B12-192. Reserved.

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