CITY OF LAGUNA HILLS
MEMORANDUM
DATE:
July 18, 2012
TO:
Traffic Commissioners
FROM:
Humza Javed, P.E.
Associate Civil Engineer
SUBJECT:
Informational Item – Enforcement of Oversized Vehicle and
Oversized Commercial Vehicle Parking Regulations
Laguna Hills Municipal Code (LHMC) Chapter 11-12 includes parking
prohibitions as follows:
LHMC 11-12.040(B):
Maximum Parking Time Limit. It is unlawful to park or stop a vehicle for a period
of time longer than seventy-two (72) consecutive hours on any City highway.
LHMC 11-12.080:
No person shall park or leave standing upon any public street or dedicated alley,
except for oversized commercial vehicles as defined in Section 11-12.090 below,
any vehicle of a length in excess of twenty-five (25) feet, or a width in excess of
ninety (90) inches, or a height in excess of ninety (90) inches, or a gross vehicle
weight at or in excess of ten thousand (10,000) pounds, except while loading or
unloading persons and/or property, not to exceed seventy-two (72) consecutive
hours. (Ord. 2002-3 § 3, 2002)
July 18, 2012
Traffic Commission Meeting
Informational Item – oversized vehicles
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LHMC 11-12.090:
No person shall park or leave standing upon any public street or dedicated alley
any oversized commercial vehicle, except when loading or unloading persons
and/or property or when such vehicle is parked in connection with, and in aid of,
the performance of a service to or on property in the block in which such vehicle
is left standing, not to exceed twelve (12) consecutive hours. “Oversized
commercial vehicle” as used in this section means every self-propelled vehicle of
a length in excess of twenty-five (25) feet, or a width in excess of ninety (90)
inches, or a height in excess of ninety (90) inches, or having a manufacturer’s
gross vehicle weight rating of 10,000 pounds or more and used or maintained for
the transportation of persons for hire, compensation, or profit or designed, used,
or maintained primarily for transportation of property. (Ord. 2002-3 § 4, 2002)
In the past, staff has questioned the enforceability of this latter parking prohibition
because the State does not allow local governments to make distinctions
between classes of vehicles when adopting parking regulations. The California
Attorney General has relied on legislative history to conclude that any parking
regulations must apply to all classes of vehicles unless otherwise explicitly
authorized in the Vehicle Code.
However, recent court cases have cleared up this issue. The City may adopt
regulations that apply to limited classes of vehicles such as “oversized” vehicles
or “oversized commercial” vehicles provided adequate notice is given. The City
of Laguna Hills already has signage in place and this signage is being updated to
reflect current regulations.
To improve the clarity of the City’s regulations, the following changes to the City’s
Municipal Code are proposed:
11-12.080
No person shall park or leave standing upon any public street or dedicated alley,
except for oversized commercial vehicles as defined in Section 11-12.090 below,
any vehicle of a length in excess of twenty-five (25) feet, or a width in excess of
ninety (90) inches, or a height in excess of ninety (90) inches, or a gross vehicle
weight at or in excess of ten thousand (10,000) pounds, except while loading or
unloading persons and/or property for a period of time not to exceed seventy-two
(72) consecutive hours. (Ord. 2002-3 § 3, 2002)
11-12.090
No person shall park or leave standing upon any public street or dedicated alley
any oversized commercial vehicle. Notwithstanding the foregoing, an oversized
commercial vehicle may be parked or left standing upon a public street or
dedicated alley for a period of time not to exceed twelve (12) consecutive hours
for the purposes of loading or unloading persons and/or property or when such
July 18, 2012
Traffic Commission Meeting
Informational Item – oversized vehicles
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vehicle is parked in connection with, and in aid of, the performance of a service
to or on property in the block in which such vehicle is parked or left standing.
“Oversized commercial vehicle” as used in this section means every selfpropelled vehicle of a length in excess of twenty-five (25) feet, or a width in
excess of ninety (90) inches, or a height in excess of ninety (90) inches, or
having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more
and used or maintained for the transportation of persons for hire, compensation,
or profit or designed, used, or maintained primarily for transportation of property.
(Ord. 2002-3 § 4, 2002)
Staff will be presenting this change to the City Council for approval.
July 18, 2012
Traffic Commission Meeting
Informational Item – oversized vehicles
4