was I "parking"? loading passenger during street cleaning in LA

[gigimakka]

What is the name of your state? California

I plan to contest a ticket for parking during street cleaning hours, because I do not believe I was actually "parking." I thought parking involves at least some of the following: turning off the engine, getting out of the car, leaving the vehicle unattended. All I did was stop the car briefly to unload a bag and pick up a passenger. I was in the driver's seat, with the engine running, for the whole 2 minutes. A parking enforcement person started writing me a ticket as my passenger was literally walking towards the car to get in. We asked her to reconsider but she wouldn't even stop to talk to us.

I know "parking vs. standing" has been discussed several times on this forum. These things appear to vary across states, and from what I can tell California is even a little bit more different... After looking at the Los Angeles Municipal Code under which I was charged, and the California Vehicle Code, I am not even sure what my name is any longer, let alone whether I was really parking or not. I would really appreciate it if somebody who is familiar with California law or has had a similar experience in LA could give me their take on this.

I was charged for "No parking/Street Cleaning" under the LA municipal code (MC section 80.69 paragraph b). That paragraph refers to the California Vehicle code for the definition of parking. The California code says parking = "standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers" (section 463)

Sounds like parking is the same thing as standing, really (doesn't matter if you are with the vehicle or not). Now, back to the municipal code: they have a separate paragraph on "stopping and standing" (section 80.69 paragraph a) from the one on "parking" (section 80.69 paragraph b). So can I argue there is a difference after all? The paragraphs themselves don't say much- just don't park in no parking zones and don't stand in no standing zones. I couldn't find an actual definition of "standing" in either the state or the municipal code.

Now, I don't care about the definitions so much - except to make sure I don't get other tickets in the future. What I could really use is some advice on the best way to go about contesting the ticket. Does the part about loading and unloading passengers help?

Thanks in advance for sharing your wisdom and experience!
Gigi

[seniorjudge]

Originally Posted by gigimakka

What is the name of your state? California

I plan to contest a ticket for parking during street cleaning hours, because I do not believe I was actually "parking." I thought parking involves at least some of the following: turning off the engine, getting out of the car, leaving the vehicle unattended. All I did was stop the car briefly to unload a bag and pick up a passenger. I was in the driver's seat, with the engine running, for the whole 2 minutes. A parking enforcement person started writing me a ticket as my passenger was literally walking towards the car to get in. We asked her to reconsider but she wouldn't even stop to talk to us.

I know "parking vs. standing" has been discussed several times on this forum. These things appear to vary across states, and from what I can tell California is even a little bit more different... After looking at the Los Angeles Municipal Code under which I was charged, and the California Vehicle Code, I am not even sure what my name is any longer, let alone whether I was really parking or not. I would really appreciate it if somebody who is familiar with California law or has had a similar experience in LA could give me their take on this.

I was charged for "No parking/Street Cleaning" under the LA municipal code (MC section 80.69 paragraph b). That paragraph refers to the California Vehicle code for the definition of parking. The California code says parking = "standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers" (section 463)

Sounds like parking is the same thing as standing, really (doesn't matter if you are with the vehicle or not). Now, back to the municipal code: they have a separate paragraph on "stopping and standing" (section 80.69 paragraph a) from the one on "parking" (section 80.69 paragraph b). So can I argue there is a difference after all? The paragraphs themselves don't say much- just don't park in no parking zones and don't stand in no standing zones. I couldn't find an actual definition of "standing" in either the state or the municipal code.

Now, I don't care about the definitions so much - except to make sure I don't get other tickets in the future. What I could really use is some advice on the best way to go about contesting the ticket. Does the part about loading and unloading passengers help?

Thanks in advance for sharing your wisdom and experience!
Gigi

I thought parking involves at least some of the following: turning off the engine, getting out of the car, leaving the vehicle unattended.


You thought wrong. Pay the ticket.

[The Occultist]

Originally Posted by gigimakka

What is the name of your state? I was in the driver's seat, with the engine running, for the whole 2 minutes. A parking enforcement person started writing me a ticket as my passenger was literally walking towards the car to get in.

The way you tell your story, you make it sound like you had been sitting in this zone for a full two minutes before your passenger started your loading/unloading process. That means, for a full two minutes, you were not actively engaged in loading or unloading. You are clearly guilty.