Prohibitions on Commercial Vehicles in Residential Areas

Alameda County General Ordinances
Title 17 -- Zoning

(Current as of Nov. 10, 2000)


Section 17.52.130 Commercial vehicles -- Parking in residential districts prohibited.

Either of the following specified acts shall constitute an unauthorized commercial use of land in any residential district and is a violation of this title:

A. The parking in any residential district or upon any street adjacent thereto for a period of time greater than two hours in any twenty-four-hour period of any commercial vehicle, commercial truck and/or commercial trailer having a manufacturer's gross vehicle weight rating as defined in the State Vehicle Code, greater than ten thousand (10,000) pounds; or

B. Parking at one time in any residential district or upon any street adjacent thereto, of two or more commercial vehicles, commercial trucks and/or commercial trailers by any person having possession or control thereof. (Prior gen. code 8-60.16)


Section 17.52.140 Commercial vehicles -- Parking in residential districts prohibited -- Exceptions.

The provisions of Section 17.52.130 shall not apply to any such vehicle which is parked while loading or unloading property therefrom, or in connection with the performance of a service to or on property in the immediate vicinity, nor shall they apply to any commercial vehicle, truck or trailer which is parked as a subordinate and accessory use in connection with the conduct of a lawful nonconforming business use established in such R district, or to a commercial vehicle or truck entitled to registration and licensing by the state as a "horseless carriage."

In the R-1-L-B-E district the provisions of Section 17.52.130 shall not prohibit the parking or use of a maximum of four commercial vehicles and/or equipment, regardless of weight rating, when used in conjunction with any use accessory to the residential use of a building site of five acres or more on which the vehicles and/or equipment are stored and used. (Prior gen. code 8-60.17)


Section 17.52.150 Commercial vehicles--Parking in residential districts prohibited -- Enforcement.

It shall be the duty of the sheriff to enforce the provisions of Section 17.52.130 whenever the vehicle involved is parked upon a public street. It shall be the duty of the building official to enforce the provisions of Section 17.52.130 whenever the vehicle involved is parked on any private premises in an R district and for such purpose he shall have the power of a peace officer and may enter upon any such premises for the purpose of determining whether or not there has been a violation of said section. (Prior gen. code 8-60.18)


Section 17.52.160 Commercial vehicles -- Parking in residential districts prohibited -- Prima facie assumption.

In any prosecution charging a violation of this title by conducting an unauthorized commercial use in a residential district, proof by the people of the state of California that a particular vehicle described in the complaint was parking contrary to the provisions of Section 17.52.130 by the operator or driver of said vehicle, truck or trailer, or by the owner, lessee, tenant or other occupant of the property so zoned, shall constitute a prima facie presumption that an unauthorized commercial use was made of the property. (Prior gen. code 8-60.19)


Reposted by San Lorenzo Express