Ordinance 24-02ORDINANCE NO.24-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADDING SECTIONS 10.20.180 (PARKING WITHIN 18 INCHES
OF THE CURB), 10.20.190 (PROHIBITED PARKING IN LOADING ZONES),
10.20.200 (STOPPING IN DESIGNATED FIRE LANE), AND 10.32.80
(ABANDONMENT OF VEHICLE) TO THE EASTVALE MUNICIPAL CODE
WHEREAS, the City of Eastvale is authorized by Article XI, "Local Government," §5 and §7
of the California State Constitution to exercise the police power of the State by adopting
regulations to promote public health, public safety and general prosperity, and other ordinances
and regulations not in conflict with general laws; and
WHEREAS, the City of Eastvale has authority pursuant to Sections 21101, "Local
Regulation" and 35700, "Local Authorities," of the California Vehicle Code to regulate the
stopping, standing, and parking of motor vehicles; and
WHEREAS, the City Council desires to update its Municipal Code provisions to enforce
State Vehicle Code provisions on the stopping, standing, and parking of motor vehicles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Addition of Section 10.20.180. Section 10.20.180 (Parking within 18 inches of
the Curb) of the Eastvale Municipal Code is added to read as follows:
A vehicle stopped or parked upon a roadway with adjacent curbs or class IV bikeways, as
defined in Section 890.4 of the Streets and Highways Code, shall be stopped or parked with the
right-hand wheels of the vehicle parallel to, and within 18 inches of, the right-hand curb or the
right-hand edge of the class IV bikeway, except that a motorcycle shall be parked with at least
one wheel or fender touching the right-hand curb or edge. If no curbs, barriers, or class IV
bikeways bound a two-way roadway, right-hand parallel parking is required unless otherwise
indicated.
This section does not apply to commercial vehicles which, pursuant to Vehicle Code §
22502, subd. (b)(1) that cannot abide by these restrictions in loading or unloading merchandise
or passengers.
SECTION 2. Addition of Section 10.20.190. Section 10.20.190 (Prohibited Parking in
Loading Zones) of the Eastvale Municipal Code is added to read as follows:
A person shall not stop, park, or leave standing any vehicle whether attended or
unattended, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a peace officer or official traffic control device, except as provided under Vehicle
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Code § 22500.5, alongside curb space authorized for the loading and unloading of passengers of
a bus engaged as a common carrier in local transportation when indicated by a sign or red paint
on the curb erected or painted by local authorities pursuant to an ordinance.
SECTION 3. Addition of Section 10.20.200. Section 10.20.200 (Stopping in Designated Fire
Lane) of the Eastvale Municipal Code is added to read as follows:
No person shall stop, park, or leave standing any vehicle, whether attended or
unattended, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a peace officer or official traffic control device along the edge of any highway, at
any curb, or in any location in a publicly or privately owned or operated off-street parking facility,
designated as a fire lane by the fire department or fire district with jurisdiction over the area in
which the place is located.
The designation shall be indicated (1) by a sign posted immediately adjacent to, and
visible from, the designated place clearly stating in letters not less than one inch in height that
the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color,
marking the place with the words "FIRE LANE," which are clearly visible from a vehicle, or (3) by
a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE
LANE."
SECTION 4. Addition of Section 10.20.210. Section 10.20.210 (Abandonment of Vehicle)
of the Eastvale Municipal Code is added to read as follows:
(a) No person shall abandon a vehicle upon any highway.
(b) No person shall abandon a vehicle upon public or private property without the express
or implied consent of the owner or person in lawful possession or control of the property.
(c) Any person convicted of a violation of this section shall be punished by a fine of not
less than one hundred dollars ($100) and shall provide proof that the costs of removal and
disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The
fine may be paid in installments if the court determines that the defendant is unable to pay the
entire amount in one payment.
(d) Proof that the costs of removal and disposition of the vehicle have been paid shall not
be required if proof is provided to the court that the vehicle was stolen prior to abandonment.
That proof may consist of a police report or other evidence acceptable to the court.
(e) The costs required to be paid for the removal and disposition of any vehicle
determined to be abandoned pursuant to Section 22669 shall not exceed those for towing and
seven days of storage. This subdivision does not apply if the registered owner or legal owner has
completed and returned to the lienholder a "Declaration of Opposition" form within the time
specified in Section 22851.8.
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(f)(1) If a vehicle is abandoned in violation of subdivision (b) and is not redeemed after
impound, the last registered owner is guilty of an infraction. In addition to any other penalty, the
registered owner shall be liable for any deficiency remaining after disposal of the vehicle
under Section 3071 or 3072 of the Civil Code or Section 22851.10 of this code.
(2) The filing of a report of sale or transfer of the vehicle pursuant to Section 5602, the
filing of a vehicle theft report with a law enforcement agency, or the filing of a form or notice
with the department pursuant to subdivision (b) of Section 4456 or Section 5900 or 5901 relieves
the registered owner of liability under this subdivision.
SECTION S. Renumbering of Chapter 10.20. Chapter 10.20 (Parking) of the Eastvale
Municipal Code is renumbered such that Section 10.20.180 (Violation; penalty) is now Section
10.20.220 and Section 10.20.190 (Legal procedures and penalties) is now Section 10.20.230.
SECTION 6. CEQA Findings. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of
the California Environmental Quality Act (CEQA) Guidelines. The ordinance, which imposes
parking regulations and updates the City's bail schedule, is not subject to CEQA review because
the activity is not a project as defined in Section 15378 of the CEQA Guidelines. CEQA Guidelines
Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the
commonsense exemption that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 7. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. Effective Date. This ordinance shall take effect thirty (30) days after its
passage by the City Council.
SECTION 9. City Clerk Action. The City Clerk is authorized and directed to cause this
Ordinance to be published within fifteen (15) days after its passage in a newspaper of general
circulation and circulated within the City in accordance with Government Code Chapter 36933(a)
or, to cause this Ordinance to be published in the manner required by law using the alternative
summary and pasting procedure authorized under Government Code Chapter 39633(c).
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PASSED, APPROVED AND ORDAINED this 24th day of January, 2024.
APPROVED AS TO FORM:
Erica Vega
City Attorney
Christian Dinco
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 24-02, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 101" day of January, 2024, and was passed by
the City Council of the City of Eastvale at a regular meeting held on the 241" day of January, 2024,
by the following vote:
AYES: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tern McMinn, and Mayor Dinco
NOES:
ABSENT:
ABSTAIN:
Marc A. Donohue, MMC
City Clerk/Communications Director
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