Information to Share with Local Government:
In today's Southern California cities, many municipalities tend to frown on our personal Historical Vehicle collections being parked on our private land within their cities. Code enforcement will consider these vehicles "Commercial" when in all actuality, they are not legal to be used in California commercially due to current emissions regulation. The State of California Vehicle Code recognizes any vehicle with a "Historic Motor Vehicle" license plate as simply an "Automobile" and nothing more, regardless of how this vehicle was originally intended. The State of California does not recognize weight on these vehicles, laiden or unlaiden. These vehicles are not used on a daily basis, only for special events. Many cities do not have any accommodations in their code regarding these vehicles causing them to be recognized by the cities as "commercial" This page has been designed as a tool for Southern California city employees to reference and also as an enlightening tool for our members who may be encountering trouble with an uninformed city. Please see links below:
California Code, VEH 259.
California Code, VEH 5004
The following information is pulled directly from a Southern California City's Municipal Code, it is a great example of how your local code could be adjusted to accommodate rather than alienate your residents:
HISTORICAL COMMERCIAL VEHICLES PARKING AND STORAGE
For purposes of this chapter, the following definitions shall apply:
A.
"Historical commercial vehicle" means any commercial motor vehicle, not including trailers, as defined by section 10.30.020 of this Code, manufactured after 1922, that is at least twenty-five years old, of historic interest, and has a current historical vehicle license plate issued by the California Department of Motor Vehicles.
B.
The term "historic interest" shall have the same definition as found in California Vehicle Code section 5004(f): California Vehicle Code section 5004(f) states that "a vehicle is of historic interest if it is collected, restored, maintained, and operated by a collector or hobbyist principally for purposes of exhibition and historic vehicle club activities."
C.
The term "stored" means continuously parked in the same location for more than seventy-two hours.
D.
The term "parking lot" means any lot, spot, or area used for the parking of motor vehicles.
Permissible parking and storage of historical commercial vehicles.
The parking and storage of historical commercial vehicles on residential lots shall comply with the following regulations:
A.
A historical commercial vehicle may only be stored on property within the RD1 and RD2 zoning districts owned by the owner of the historical commercial vehicle or on property where the registered owner resides.
B.
A stored historical commercial vehicle shall bear both current vehicle registration and a Historical commercial vehicle License Plate issued by the California Department of Motor Vehicles prominently displayed on the historical commercial vehicle.
C.
Historical commercial vehicles may be stored within an interior side yard or within a street side yard, provided they do not encroach over a sidewalk or other parts of the public right-of-way.
D.
Historical commercial vehicles shall not be stored within any required front or street side setback area.
E.
Historical commercial vehicles in a wrecked, dismantled or inoperative condition may only be stored within an interior side yard or within a street side yard when the vehicles are undergoing active and continuous restoration. No historical commercial vehicles may be stored in a wrecked, dismantled or inoperative condition for a period cumulatively exceeding three hundred sixty-five days even while undergoing active and continuous restoration. No more than two historical commercial vehicles in a wrecked, dismantled or inoperative condition may be stored within an interior side yard or within a street side yard.
F.
All stored historical commercial vehicles shall be screened from public view by building walls, decorative screen walls or fences and landscaping to the greatest extent possible or stored within an enclosed garage.
G.
A historical commercial vehicle may be parked for a maximum of seventy-two hours in the driveway or on a paved surface in the front yard area, provided the vehicle is parked perpendicular to the street and does not encroach over a sidewalk or other part of the public right-of-way.
Prohibited parking and storage of historical commercial vehicles.
A.
It is unlawful to park or store a historical commercial vehicle on any public or private non-residential parking lot in the city for longer than twelve hours, either consecutively or in the aggregate within any twenty-four hour period.
B.
A parked or stored historical commercial vehicle governed by this chapter shall not be occupied as a dwelling, otherwise used for sleeping purposes or itself be used for storage in the interior of the vehicle.
Violations declared a nuisance.
A.
Any violation of any provision of this chapter is declared to be a public nuisance.
B.
Each day a violation of this chapter is maintained, caused or permitted by any owner, occupant or other person or entity shall constitute a separate and distinct violation.
Violations and penalties.
A.
Any violation of this chapter constitutes a misdemeanor, punishable pursuant to chapter_______ (General Penalty), at the discretion of the city prosecutor, and any violation of this chapter is subject to administrative citation and fine, at the discretion of the city, pursuant to chapter______ (Administrative fines).
B.
Any parking or storage of historical commercial vehicles in violation of any provision of this chapter is a public nuisance as provided in section ____ and as such, may be abated in accordance with applicable law, including, but not limited to, the procedures for abatement and the recovery of costs of abatement set forth in chapters ___ and chapter ____as reasonably applied to the enforcement of this chapter, as well as or alternatively, by injunctive relief.
California Code, VEH 259.
California Code, VEH 5004
The following information is pulled directly from a Southern California City's Municipal Code, it is a great example of how your local code could be adjusted to accommodate rather than alienate your residents:
HISTORICAL COMMERCIAL VEHICLES PARKING AND STORAGE
For purposes of this chapter, the following definitions shall apply:
A.
"Historical commercial vehicle" means any commercial motor vehicle, not including trailers, as defined by section 10.30.020 of this Code, manufactured after 1922, that is at least twenty-five years old, of historic interest, and has a current historical vehicle license plate issued by the California Department of Motor Vehicles.
B.
The term "historic interest" shall have the same definition as found in California Vehicle Code section 5004(f): California Vehicle Code section 5004(f) states that "a vehicle is of historic interest if it is collected, restored, maintained, and operated by a collector or hobbyist principally for purposes of exhibition and historic vehicle club activities."
C.
The term "stored" means continuously parked in the same location for more than seventy-two hours.
D.
The term "parking lot" means any lot, spot, or area used for the parking of motor vehicles.
Permissible parking and storage of historical commercial vehicles.
The parking and storage of historical commercial vehicles on residential lots shall comply with the following regulations:
A.
A historical commercial vehicle may only be stored on property within the RD1 and RD2 zoning districts owned by the owner of the historical commercial vehicle or on property where the registered owner resides.
B.
A stored historical commercial vehicle shall bear both current vehicle registration and a Historical commercial vehicle License Plate issued by the California Department of Motor Vehicles prominently displayed on the historical commercial vehicle.
C.
Historical commercial vehicles may be stored within an interior side yard or within a street side yard, provided they do not encroach over a sidewalk or other parts of the public right-of-way.
D.
Historical commercial vehicles shall not be stored within any required front or street side setback area.
E.
Historical commercial vehicles in a wrecked, dismantled or inoperative condition may only be stored within an interior side yard or within a street side yard when the vehicles are undergoing active and continuous restoration. No historical commercial vehicles may be stored in a wrecked, dismantled or inoperative condition for a period cumulatively exceeding three hundred sixty-five days even while undergoing active and continuous restoration. No more than two historical commercial vehicles in a wrecked, dismantled or inoperative condition may be stored within an interior side yard or within a street side yard.
F.
All stored historical commercial vehicles shall be screened from public view by building walls, decorative screen walls or fences and landscaping to the greatest extent possible or stored within an enclosed garage.
G.
A historical commercial vehicle may be parked for a maximum of seventy-two hours in the driveway or on a paved surface in the front yard area, provided the vehicle is parked perpendicular to the street and does not encroach over a sidewalk or other part of the public right-of-way.
Prohibited parking and storage of historical commercial vehicles.
A.
It is unlawful to park or store a historical commercial vehicle on any public or private non-residential parking lot in the city for longer than twelve hours, either consecutively or in the aggregate within any twenty-four hour period.
B.
A parked or stored historical commercial vehicle governed by this chapter shall not be occupied as a dwelling, otherwise used for sleeping purposes or itself be used for storage in the interior of the vehicle.
Violations declared a nuisance.
A.
Any violation of any provision of this chapter is declared to be a public nuisance.
B.
Each day a violation of this chapter is maintained, caused or permitted by any owner, occupant or other person or entity shall constitute a separate and distinct violation.
Violations and penalties.
A.
Any violation of this chapter constitutes a misdemeanor, punishable pursuant to chapter_______ (General Penalty), at the discretion of the city prosecutor, and any violation of this chapter is subject to administrative citation and fine, at the discretion of the city, pursuant to chapter______ (Administrative fines).
B.
Any parking or storage of historical commercial vehicles in violation of any provision of this chapter is a public nuisance as provided in section ____ and as such, may be abated in accordance with applicable law, including, but not limited to, the procedures for abatement and the recovery of costs of abatement set forth in chapters ___ and chapter ____as reasonably applied to the enforcement of this chapter, as well as or alternatively, by injunctive relief.