HOMES ON WHEELS v. City of Santa Barbara
Opinion
Opinion
Gilbert, J.
A city ordinance prohibits parking of trailers, semis, recreational vehicles, buses, and vehicles exceeding a 3/4-ton capacity between 2:00 a.m. and 6:00 a.m. The city posts notice of this prohibition at 33 locations in the city. We conclude the ordinance is not preempted by Vehicle Code section 22507 which permits local authorities to restrict parking within the city. The city however, did not comply with section 22507 because it did not give adequate notice of the parking restriction.
Plaintiffs Homes on Wheels, William Warren Bedal, Linda K. Turner and Rogelio Tmjillo (collectively Homes) appeal the denial of their request for a preliminary injunction against the City of Santa Barbara (City) and Cam Sanchez, Chief of Police, to enjoin the enforcement of a City parking ordinance. We affirm in part and reverse in part.
FACTS
The City passed Ordinance No. 5263 (the ordinance), which states in part:
Homes filed a complaint for injunctive, declaratory and mandamus relief challenging the ordinance on statutory and constitutional grounds. Homes alleged: Homes on Wheels helps homeless people who live in recreational vehicles who are adversely impacted by the ordinance.…