(CVC 22500f) in San Jose, CA: sidewalk not built by city nor city property

[cosgrave]

What is the name of your state (only U.S. law)? California

I recently received a parking ticket (CVC 22500f) in San Jose, CA: My vehicle was parked in the driveway of my house.

My neighborhood does not have sidewalks (lawns extend to the street curb). My neighbors to the left and right, and myself built our own walkways on our private property where our lawns once occupied. Since the walkways were not built nor maintained by the City or any government entity, is the Parking Enforcement wrong in issuing a parking citation (blocking sidewalk CVC 22500f)? Keep in mind the walkways were built as part of our landscaping on our private property.

[justalayman]

I don't think it is fair but if you notice, they can also ticket you for blocking your own drive (cvc 22500e) so I suspect they will argue this is valid.


hang out for a couple of the California folks that might have some better info for you.

[I_Got_Banned]

Since the walkways were not built nor maintained by the City or any government entity, is the Parking Enforcement wrong in issuing a parking citation (blocking sidewalk CVC 22500f)?

Well here is 22500(f):

22500. No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:
...
(f) On any portion of a sidewalk, or with the body of the vehicle extending over any portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.
...

Ad here is how a "sidewalk" is defined under the vehicle code:

555. "Sidewalk" is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

Note that it does not qualify it based upon whether it is/was publicly or privately maintained/constructed... Only that it is delineated or marked for pedestrian travel...

I too, am doubtful that your argument will work. But you're free to give it a shot.

[StevenJ_420Law]

Obviously this does not fit any definition of a sidewalk. It is private landscaping on private property and not a portion of any highway. If parking enforcement doesnt dismiss it for some reason, appeal to superior court (I believe there is a judicial council form for this - superior court appeal is a right in fighting parking tickets) and the judge will likely dismiss it if it is properly presented.

[CdwJava]

However, since a sidewalk is "that portion of the highway ..." we need to examine the definition of a "highway."

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

Since a "highway" requires it be publicly maintained, the OP has a defense to this ... provided they can show that the homeowner(s) paid for and maintain the walk. The fact that the OP and his neighbors might have put it in may not be so obvious to the passerby.

I noticed I posted at the same time as Steven. Jinx!

Oh, and since this is a parking citation, no judge will be involved at the first couple of levels. But, I suspect it will be dismissed upon the first challenge provided the OP can provide some documentation as to the walkway being private and not public.

[I_Got_Banned]

However, since a sidewalk is "that portion of the highway ..." we need to examine the definition of a "highway."

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.

Since a "highway" requires it be publicly maintained, the OP has a defense to this ... provided they can show that the homeowner(s) paid for and maintain the walk. The fact that the OP and his neighbors might have put it in may not be so obvious to the passerby.

Double however... in that "that portion of the highway... open to the use of the public for purposes of vehicular travel"... but with a sidewalk NOT being open to vehicular traffic, I'm not sure how that definition would be relevant...

[StevenJ_420Law]

H

I noticed I posted at the same time as Steven. Jinx!

Man its hard to get in under that wire too! lol

[justalayman]

Double however... in that "that portion of the highway... open to the use of the public for purposes of vehicular travel"... but with a sidewalk NOT being open to vehicular traffic, I'm not sure how that definition would be relevant...

because the definition says:

555. "Sidewalk" is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

a sidewalk is a part of a highway other than the roadway and is for pedestrian traffic.

and the def of highway is:

360. "Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street

.


so, for the sidewalk to meet the definition of a legal sidewalk, it would have to meet the definition of that of a highway which includes "publicly maintained"

since it is privately maintained, if is not any part of a highway and therefore, the ticket is not valid.

[wrongsometimes]

If you put a stop sign in the middle of your 200' driveway, would the police have authority to issue tickets to you for driving past it? No. Why .. 'cause its not on public land or a public access road.

[Zigner]

If you put a stop sign in the middle of your 200' driveway, would the police have authority to issue tickets to you for driving past it? No. Why .. 'cause its not on public land or a public access road.

Completely irrelevant.

[davidmcbeth3]

Completely irrelevant.

Even if it looks like a sidewalk, the person who put it in may not have intended it to be used by the public ... the state has the burden of proving each element of the violation. He stated it is on his property - its just landscaping as someone else stated-I would object at trial to the term "sidewalk" when uttered.