Description
This commercial Icee truck has been regularly parked at 8106 Iris Street for over a year. I have reported this truck four times and have been told it is not illegally parked. I called the company and they did nothing. I just can't believe the size of this truck is legal in a residential area. I have attached a picture. Please ticket this vehicle or confirm with me it is legal. Thank you.
6 Comments
Eileen (Registered User)
I think that, per the Oakland Municical Code, it is legally parked because I don't think it weighs over 10,000lbs, but I don't know. Take a look and see what you think:
10.28.120 Parking commercial vehicles weighing more than ten thousand pounds in a residential district.permanent link to this piece of content
No person shall park any truck, tractor, trailer, or other commercial vehicle of any kind whatsoever having a gross vehicle weight rating (GVWR) exceeding ten thousand (10,000) pounds on any public street or portion of street in a residential district.
A.
The provisions of this section shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately or publicly owned, used in the construction, operation, removal, or repair of the utility or public utility property or facilities upon, in, over, under, or adjacent to such restricted streets, whether privately, municipally, or publicly owned, if warning devices are displayed and when the vehicle is engaged in authorized work on such restricted streets.
B.
The provisions of this section shall not apply to the driver or owner of any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on such restricted streets or highways, or to the driver or owner of any commercial vehicle used for the purpose of delivering materials in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets or highways for which a building permit or re-roofing registration has been obtained, if such building permit or re-roofing registration is required.
C.
For the purpose of this chapter, "gross vehicle weight rating" or "GVWR" and "residential district" are defined in the State of California Vehicle Code, Sections 235, 240, 350(a), and 515, as such sections shall be amended.
Municipal Code here:
https://library.municode.com/index.aspx?clientId=16308&stateId=5&stateName=California
Carolyn Provost (Registered User)
I read the code. I have been told the vehicle is well over 10,000 pounds, but I don't know. It's not only the weight but also the length of the vehicle. It cannot park in that space unless it uses part of one of the driveways on either side of the space. I do not believe the truck is legally. Do you work for the City of Oakland, Parking Citations? Should I consider your opinion a ruling on the matter?
Thank you
Acknowledged Oakland Parking Enforcement (Verified Official)
Eileen (Registered User)
If it's blocking driveways, then it is illegally parked and should be ticketed. That is also a violation of the CA vehicle code 22500 E. If it's over 10,000 lbs then it's in violation of OMC 10.28.120.
Mary Ann Vigilanti (Registered User)
Dennis Cranford (Registered User)