Issue
The California Court of Appeal recently considered the issues of whether a city could prohibit parking of large vehicles during certain hours of the day and whether the city had adequately posted notice of the parking restriction. (Homes on Wheels v. City of Santa Barbara (2004 Daily Journal D.A.R. 7887, Cal.App. 2 Dist., June 28, 2004))
Facts
The City of Santa Barbara passed a citywide ban on the parking of trailers, semis, recreational vehicles, buses, and vehicles exceeding a three-quarter ton capacity between 2:00 a.m. and 6:00 a.m. City posted signs in 33 locations in the city, mainly where people would enter the city. Homes on Wheels and three citizens (collectively referred to as Homes) challenged the ordinance. The trial court denied Homes’ request for a preliminary injunction, and Homes appealed.
Appellate Court Decision
In Vehicle Code § 22507, the California Legislature delegated to local governments the authority to regulate parking. Specifically, § 22507 gives local governments the authority to enact ordinances that “prohibit or restrict . . . parking . . . of vehicles, including, but not limited to, vehicles that are six feet or more in height . . . within 100 feet of any intersection, or certain streets or highways, or portions thereof, during all or certain hours of the day.” (Emphasis added.) Thus, City’s time restriction, during which no parking of the described large vehicles is allowed, is permitted by § 22507. Furthermore, City had a valid, non-arbitrary reason for enacting the ordinance – to protect the health and safety of its citizens from problems caused by people living in recreational vehicles on the street. Thus, the Court upheld the ordinance.
The Court did, however, determine that the signs posted by City did not give adequate notice to motorists. The signs were not posted on all the streets to which the ordinance applied; they were not posted at all the entrances to the city; they did not state that the parking prohibition applied citywide; and they were confusing. While City need not post signs on every street corner in town, it must post enough signs so that motorists who are unfamiliar with the local regulations will not unknowingly violate the ban.
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