Parking in California and San Francisco City
Parking Index
SFMTA Text Before Tow Program
SFMTA Text Before Tow service is as name states a text message before towing you in these situations.: (1) parking in the same spot for more than 72 hours, (2) blocked driveways, (3) construction zones, and (4) temporary no-parking zones such as special event or moving truck zones. You will not get a text notice if your vehicle is parked in peak-hour tow-away lanes, yellow or white zones, and or any other towing situation that is one of the 4 above.When you get a text about the tow dispatch, and if you get to the vehicle before the vehicle is hooked to the tow truck, you will receive a citation. The vehicle will not be towed. Once the vehicle is hooked, it is all over, and your vehicle will be towed.
Text Before Tow Application: https://www.sfmta.com/text-tow-program-application
You cannot park in the same spot for more than 72 hours.
Parking officers do not actively look for vehicles that have been parked for over 72 hours unless the vehicle looks like they have been there awhile, dirty, broken windows, flat tires, etc.Parking within a block or 1/10th of a mile within 72 hours is technically illegal (San Francisco Traffic Code SEC. 1002).
The 72-hour parking law is rarely enforced unless a car is reported by a neighbor and there is a suspicion that the vehicle has been abandoned, but all the same, beware if you go on vacation. Cheaper to drive and park at the airport than to park your car for a long period of time on a San Francisco street. The SFMTA knows that neighbors can have a vendetta and report a vehicle that has just been parked and not wait for any length of time. They do track people making multiple questionable complaints. If a vehicle is parked in front of a building that the vehicle is registered too, the parking officer will not issue a warning. People living in an area come and go, and park where they live, so there is some leniency. It is hard to say how wide of an area that is. I talked to a parking officer who told me they had gotten a complaint from a neighbor, but would not start the 72 hour parking towing process because the car was registered to an address in the vicinity.
Parking officers must issue a notice (San Francisco Traffic Code SEC. 1008). They have GPS, license plate readers and time stamped photographs to prove that a vehicle has been in one spot for over 72-hours. They or may not caulk the road around the wheels. You cannot remove chalk marks on the road (San Francisco Traffic Code SEC. 7.2.47). They no longer put caulk on the vehicle or ties because of Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019) see below. On October 26, 2022, the Ninth Circuit, Court of Appeals, of which the state of California is included, came to the opposite conclusion, creating a circuit split. https://s3.documentcloud.org/documents/23227736/9th-chalk.pdf
Who knows?
Parking within a block or 1/10th of a mile within 72 hours is technically illegal.
SEC. 7.2.29. PARKING PROHIBITED FOR MORE THAN 72 HOURS.
No person shall park or leave standing any vehicle on any public street or highway for more than 72 consecutive hours.
SEC. 7.2.47. REMOVAL OF CHALK MARKS.
Removing, erasing, rubbing out, or otherwise removing or concealing, any chalk or other mark from the tires of a vehicle placed by a Parking Control Officer for the purpose of enforcing Parking regulations.
San Francisco Traffic Code SEC. 1002. SHIFTING OF PARKED VEHICLES.
For the purpose of Parking regulations other than a violation of Division I, Section 7.2.29 (Parking Prohibited for More than 72 Hours), any vehicle moved a distance of not more than one block or one-tenth of a mile during the limited Parking period shall be deemed to have remained stationary.
San Francisco Traffic Code SEC. 1008. NOTICE REQUIREMENTS FOR REMOVAL OF VEHICLES PARKED FOR MORE THAN 72 HOURS.
No vehicle parked or left standing upon any highway or street in violation of Division I, Section 7.2.29 shall be removed unless there has been posted in a conspicuous place upon such vehicle a notice which shall contain the following:
(a) the alleged violation;
(b) a description of the vehicle (including, if available, the make, model, color, type, license number, and identification number of the vehicle);
(c) the location of the vehicle; and
(d) the identity of the person giving the notice.
(a) the alleged violation;
(b) a description of the vehicle (including, if available, the make, model, color, type, license number, and identification number of the vehicle);
(c) the location of the vehicle; and
(d) the identity of the person giving the notice.
On April 22, 2019, the Sixth District Court of Appeals, in Taylor v. City of Saginaw, 2019 U.S. App. LEXIS 11586 (6th Cir. Apr. 22, 2019), held that “chalking,” the practice of parking enforcement officers marking parked vehicles with chalk to track how long the vehicles are parked, and issuing parking citations if the posted time for parking passes and the vehicle has not moved, constituted a search under the Fourth Amendment because the City committed a trespass by making intentional contact with the Plaintiff’s vehicle. It was used to issue parking citations.
Parking on a Hill (Grade)
San Francisco Traffic Code SEC. 7.2.35. PARKING ON GRADES.
To Park a vehicle upon any grade or slope exceeding three percent without effectively setting the brakes and blocking the wheels of the vehicle by turning them against the curb or by other means. For the purpose of the issuance of a notice of violation of this Section, proof that an unattended vehicle Parked on a grade exceeding three percent was involved in a collision shall establish a presumption that such unattended vehicle was Parked in violation of this Section. (58(a))*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
It is important to note the “and” in “setting the brakes and blocking the wheels of the vehicle by turning them against the curb or by other means”. If you contest a “SEC. 7.2.35. PARKING ON GRADES. “ , you need to mention that you set your parking brake. You can check the streets grade on this map: https://bsm.sfdpw.org/subdivision/keymap/Default.aspx. This is the same map that SFMTA Parking & Traffic uses.
Curb Your Tires on a Grade
This is from SFMTA.
When you park (3% grade or more) angle your front wheels so if your vehicle were hit or its brakes were to fail, it would roll into the curb and not into traffic.
• On a sloping driveway, turn the wheels so the vehicle will not roll into the street. Set your parking brake.
• Headed downhill, turn your front wheels into the curb or toward the side of the road. Set your parking brake.
• Headed uphill, turn your front wheels away from the curb and let your vehicle roll back a few inches. The wheel should gently touch the curb. Set your parking brake.
• Headed either uphill or downhill when there is no curb, turn the wheels so the vehicle will roll away from the center of the road if your brakes fail.
• Always set your parking brake and leave the vehicle in gear or in “park” or “P” position.
• Headed downhill, turn your front wheels into the curb or toward the side of the road. Set your parking brake.
• Headed uphill, turn your front wheels away from the curb and let your vehicle roll back a few inches. The wheel should gently touch the curb. Set your parking brake.
• Headed either uphill or downhill when there is no curb, turn the wheels so the vehicle will roll away from the center of the road if your brakes fail.
• Always set your parking brake and leave the vehicle in gear or in “park” or “P” position.
You can confirm the grade of your street by going to the Department of Public Works (DPW) Street Grade Map. Link is above.
Parallel Park with Vehicle Wheels Within 18 inches of the Curb.
California VC 22502.
(a) Except as otherwise provided in this chapter, 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.
You Cannot Legally Remove a Chalk Mark on Your Tire.
San Francisco Traffic Code SEC. 7.2.47. REMOVAL OF CHALK MARKS.
Removing, erasing, rubbing out, or otherwise removing or concealing, any chalk or other mark from the tires of a vehicle placed by a Parking Control Officer for the purpose of enforcing Parking regulations. (21)*
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)
The Legal Description for Contesting a Parking or Traffic Violation
“Prima facie evidence of the facts contained therein” in CA VC40230(a) means the ticket is considered sufficient, observational evidence by a civil claimant to support the legal claim of the violation. Many Parking and Control Officers now take pictures if the violation is observable (parking). If you fight a parking or traffic ticket you must present evidence.The plaintiff (officer) must produce evidence on all elements of the claim of violation of the cited vehicle code to support the claim. This where “and” or “or” in a vehicle code can play a big part. Example: San Francisco Traffic Code SEC. 7.2.35. PARKING ON GRADES
California VC 40230.
(a) Within 30 calendar days after the mailing or personal delivery of the final decision described in subdivision (b) of Section 40215, the contestant may seek review by filing an appeal to be heard by the superior court where the same shall be heard de novo, except that the contents of the processing agency’s file in the case shall be received in evidence. A copy of the notice of parking violation or, if the citation was issued electronically, a true and correct abstract containing the information set forth in the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the 30-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case.
(b) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall request that the processing agency’s file on the case be forwarded to the court, to be received within 15 calendar days of the request. The court shall notify the contestant of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the processing agency. Any deposit of parking penalty shall be refunded by the processing agency in accordance with the judgment of the court.
(c) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(d) If no notice of appeal of the processing agency’s decision is filed within the period set forth in subdivision (a), the decision shall be deemed final.
(e) If the parking penalty has not been deposited and the decision is against the contestant, the processing agency shall, after the decision becomes final, proceed to collect the penalty pursuant to Section 40220.
(Amended by Stats. 2007, Ch. 738, Sec. 43. Effective January 1, 2008.)
(b) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall request that the processing agency’s file on the case be forwarded to the court, to be received within 15 calendar days of the request. The court shall notify the contestant of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the processing agency. Any deposit of parking penalty shall be refunded by the processing agency in accordance with the judgment of the court.
(c) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(d) If no notice of appeal of the processing agency’s decision is filed within the period set forth in subdivision (a), the decision shall be deemed final.
(e) If the parking penalty has not been deposited and the decision is against the contestant, the processing agency shall, after the decision becomes final, proceed to collect the penalty pursuant to Section 40220.
(Amended by Stats. 2007, Ch. 738, Sec. 43. Effective January 1, 2008.)
Parking Other
All the current San Francisco Parking Codes can found here:https://library.amlegal.com/nxt/gateway.dll/California/transportation/transportationcode?f=templates$fn=default.htm$3.0$vid=amlegal:sanfrancisco_ca$sync=1
All current California Vehicle Codes can be found here:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH&tocTitle=+Vehicle+Code+-+VEH
Excelsior District Improvement Association has nice Q&A webpage about parking plus the vehicle codes: https://excelsiorsf.org/district/parking_summit/summit_stuff/faqs.html
Below and on other webpages are parking and traffic codes that people are likely to come across on a daily basis or often there are questions about.