Jessica Cejnar / Tuesday, Aug. 20, 2019 @ 6:02 p.m. / Local Government
Police To Begin Enforcing New Parking Regulations Banning Unhitched Trailers, Restricting Oversized Vehicles
Crescent City police will begin enforcing parking regulations banning unhitched trailers on city streets.
The new parking ordinances also prohibits parking oversized vehicles on city streets for more than eight hours or within 50 feet of any intersection. According to the new regulations, oversized vehicles are those that exceed 22 feet in length or are 7 feet tall and 7 feet wide.
During a presentation before the Crescent City Council on Monday, Police Chief Ivan Minsal said his officers were being trained on how to document the presence of vehicles using digital cameras, measuring tape and warning notices.
Warning notices will begin to be issued in about two weeks, Minsal said. People will also be able to obtain a copy of the warning notices by visiting the Crescent City Police Department, he said.
Meanwhile, signs notifying the public that parking is prohibited from 11 p.m. to 5 a.m. have appeared on Howe Drive. Signs notifying people that parking is prohibited have also appeared along B Street leading to the pier, according to Minsal.
According to Minsal, police officers are prohibited from touching vehicles. He cited an April decision from the 6th Circuit Court of Appeals, which stated the parking enforcement practice of chalking tires violated the Fourth Amendment’s bar on unreasonable searches.
“We will not touch a vehicle short of putting a notice on it,” Minsal said.
Minsal also introduced a form that allows residents to report a suspicious vehicle to his department. The form includes a description of the vehicle and a section for the reporting party to state his or her complaint.
A case management system will track repeat offenders and chronic complainers, Minsal said. The department will issue parking citations notifying the violator they have 24 hours to remove their vehicle, he said. Non-payment of outstanding parking violations will be reported to the California Department of Motor Vehicles, he said.
A decision to impound a vehicle will be taken on a case-by-case basis, Minsal said.
“Normally you do not impound vehicles for parking violations unless they’re a hazard,” he said.
Minsal said he expects growing pains as people make arrangements to store their larger vehicles. He said his department has done about six to eight weeks of public outreach, letting residents know the new parking ordinances will soon e enforced.
“We’re hoping for a smooth transition, but there may be a bump in the road or two,” he said.
The new parking regulations sparked a discussion regarding overnight camping and a letter Crescent City staff received from the American Civil Liberties Union of Northern California regarding ordinances that prohibit sleeping or “lodging” in vehicles.
According to City Attorney Martha Rice, the ACLU was concerned about the ordinance’s definition of adequate overnight shelter. But she pointed out that since there isn’t a shelter in the area, the city wouldn’t be able to enforce any anti-camping ordinance against those who are without shelter.
“At this point we’re kind of waiting to see what the next movements are in the community and in other areas,” she said. “Most of the movement I heard about, where things are being enforced in certain areas, are cities that have shelters and, through litigation, they are reaching settlements through advocacy groups where in the city they would be enforcing their ordinances. We’re not even close to that without having shelters to direct individuals to.”
Rice, noting that a larger discussion should be placed on a future City Council agenda, said the 9th Circuit Court of Appeals September 2018 ruling in the Martin V. Boise case touches on sleeping and resting in public areas, not littering and other activities.
Crescent City Council Jason Greenough noted that police would enforce parking ordinances versus camping and asked why the city can’t “translate that over to camping.”
Crescent City Mayor Blake Inscore asked that the topic be brought back for discussion along with a staff report laying out what the city can and can’t enforce.
“I noticed during Chief Minsal’s presentation, signage that goes up along Howe Drive that says you can’t park between 11 p.m. and 5 a.m.,” he said. “There are some things from a camping standpoint, not just the things we’re addressing with the homeless, but other things we probably should be clear on. My guess is the Council probably is not as educated on what is currently in place that is enforceable.”
Meanwhile, Crescent City Manager Eric Wier said with Minsal expected to retire from the police department, two sergeants will step in as acting chief until an interim can be found.
Sgt. Ed Wilson will take on the acting police chief job during September, Wier said. Wilson’s colleague, Sgt. Jennifer Owen will take on the acting police chief role for the month of October.
The application period for interim police chief is expected to close Sept. 16, Wier said. The city will interview top candidates and are expected to have a final selection in mid to late October, he said. A new interim police chief could be hired as early as November or as late as December or early January, Wier said.