Can Los Angeles parking enforcement issue tickets outside of city limits?

[spoofy062]

What is the name of your state (only U.S. law)? CALIFORNIA (LOS ANGELES, CA)

I received a parking citation for 5204(A) CVC in the city of Culver City from a City of Los Angeles parking enforcement officer. It occurred near the city borders, so I am fairly certain the officer did not know I was in Culver City's jurisdiction.. my question is this: Did that TRAFFIC OFFICER (non-sworn) have the authority to issue a parking ticket outside of city limits? I've been trying to find the municipal or penal code section that gives them their power for more details, but am having a hard time finding the section limiting their jurisdiction. Thanks.

 

[CdwJava]

If there is no MOU between the two cities, and the matter is handled through the civil process in Los Angeles, and you were cited in Culver City and can prove that, then you can take the cite in when you challenge it and argue a lack of jurisdiction. Since parking violations are enacted by local ordinance, absent an MOU with Culver City, there should be no method by which LA could issue a lawful parking cite in Culver City.

 

[spoofy062]

If there is no MOU between the two cities, and the matter is handled through the civil process in Los Angeles, and you were cited in Culver City and can prove that, then you can take the cite in when you challenge it and argue a lack of jurisdiction. Since parking violations are enacted by local ordinance, absent an MOU with Culver City, there should be no method by which LA could issue a lawful parking cite in Culver City.

Excellent, thank you. There is no MOU between the two cities, the matter is in fact handled through the civil "administrative review" process in Los Angeles, and I was cited in Culver City. Unless the officer flat-out-lies (don't see why he would) I will explain where I was parked and attach a photograph of the exact location.

So just to clarify- I should contest it on the basis of a lack of jurisdiction and not a lack of authority correct? I know the parking officers derive their authority to enforce parking regulations from L.A.M.C. § 80.06, so I figured that since the municipal code is only effective in the City of Los Angeles then the power that it grants him should also only be valid in the City of Los Angeles, and not state-wide since they are not peace officers nor do they derive their authority from the state / CPC / etc. My only concern is that they will argue that the section I was cited for (5204 CVC - Improper Display of Tabs) is a state section, not a local section, and try to enforce it / uphold it regardless of jurisdiction. Whether or not that's legal is an entirely different question, but I don't want to spend hundreds of dollars, and more importantly, tons of time fighting this battle in small claims court.. If they don't dismiss it, I will pay it in all likelihood to avoid all that..

 

[CdwJava]

So just to clarify- I should contest it on the basis of a lack of jurisdiction and not a lack of authority correct?

Essentially one and the same in this instance, but, yes.

My only concern is that they will argue that the section I was cited for (5204 CVC - Improper Display of Tabs) is a state section, not a local section, and try to enforce it / uphold it regardless of jurisdiction. Whether or not that's legal is an entirely different question, but I don't want to spend hundreds of dollars, and more importantly, tons of time fighting this battle in small claims court.. If they don't dismiss it, I will pay it in all likelihood to avoid all that..

But, even though the violation is for a Vehicle Code section, PARKING regulations are governed through city ordinances through the civil process and as such the jurisdiction and authority to issue them resides with Los Angeles. Unless you were cited through Culver City's process, I don't see how L.A. can possibly uphold a parking citation issued outside their jurisdiction since the ordinances and fines established are for CVC violations under the jurisdiction of the L.A. City Council per 89.60 of the LA Muni Code.

 

[spoofy062]

Excellent, I'll give it a shot.. Thanks, sarge.

 

[Zigner]

Carl, you said:

But, even though the violation is for a Vehicle Code section, PARKING regulations are governed through city ordinances through the civil process and as such the jurisdiction and authority to issue them resides with Los Angeles.

Here are the pertinent code sections:

5204. (a) Except as provided by subdivisions (b) and (c), a tab shall indicate the year of expiration and a tab shall indicate the month of expiration. Current month and year tabs shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which license plates were issued, and, when so attached, the license plate with the tabs shall, for the purposes of this code, be deemed to be the license plate, except that truck tractors, and commercial motor vehicles having a declared gross vehicle weight of 10,001 pounds or more, shall display the current month and year tabs upon the front license plate assigned to the truck tractor or commercial motor vehicle. Vehicles that fail to display current month and year tabs or display expired tabs are in violation of this section.
.
.
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(d) This section is enforceable against any motor vehicle that is driven, moved, or left standing upon a highway, or in an offstreet public parking facility, in the same manner as provided in subdivision (a) of Section 4000.

4000. (a) (1)A person shall not drive, move, or leave standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly, unless it is registered and the appropriate fees have been paid under this code or registered under the permanent trailer identification program, except that an off-highway motor vehicle which displays an identification plate or device issued by the department pursuant to Section 38010 may be driven, moved, or left standing in an offstreet public parking facility without being registered or paying registration fees.

Why is this a parking citation, as opposed to a violation of the CVC having to do with registration of vehicles?

 

[CdwJava]

Why is this a parking citation, as opposed to a violation of the CVC having to do with registration of vehicles?

because it was left on the car by parking enforcement and not issued to the driver by a peace officer.

A PARKING citation is a CIVIL issue governed local ordinances that establish fines even for CVC violations, a moving citation is a quasi-criminal one.

 

[Zigner]

because it was left on the car by parking enforcement and not issued to the driver by a peace officer.

That's an assumption by the OP.

A PARKING citation is a CIVIL issue governed local ordinances that establish fines even for CVC violations, a moving citation is a quasi-criminal one.

Ok

 

[CdwJava]

That's an assumption by the OP.

Even if issued by a peace officer, the parking violation for the City of Los Angeles would have no legal weight in Culver City since the authority to issue parking cites and set the fines for those offenses - even CVC offenses - would be set by THAT city, not L.A.

 

[Zigner]

Even if issued by a peace officer, the parking violation for the City of Los Angeles would have no legal weight in Culver City since the authority to issue parking cites and set the fines for those offenses - even CVC offenses - would be set by THAT city, not L.A.

Fair enough - I will defer to your expertise on this