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  #1  
Old 10-14-2005, 09:23 PM
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Unhappy

No handicapped parking sign!!


What is the name of your state?What is the name of your state?California

I went to the movies last night,and parked in a parking space next to a handicapped parking,I saw the other sign very clearly,I get out don't notice the ticket on my window,find it in the morning it's a 375$ ticket for parking in a handicapped spot,I went back today to see if it was,at first it did not seem to be,but upon further inspection I see the wheelchair logo on the floor,hardly visible in the day,not visible at night,the was no pole on that space stating it was a handicapped space,I took pictures can I fight this???

I do not feel I should have to pay if I cannot see the the handicapped symbol on the floor and no sign what so ever only on the space next to me.

thank you in advance
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  #2  
Old 10-14-2005, 09:29 PM
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It is illegal to park in a handicapped spot without a sticker or placard.

You do not have a sticker or placard.

You were issued a ticket.

What is so hard to understand about this?
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  #3  
Old 10-14-2005, 09:44 PM
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Quote:
Originally Posted by BelizeBreeze
It is illegal to park in a handicapped spot without a sticker or placard.

You do not have a sticker or placard.

You were issued a ticket.

What is so hard to understand about this?
Belize, would it be an erroneous ticket if CA law required a visible sign/post to be above the official "handicap spot" and no sign was there? In my state, a handicap spot is only official if it has the sign above, irregardless of the blue handicap symbol on ground... I don't know CA law on this, so was just asking. You or anyone know?
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  #4  
Old 10-14-2005, 10:08 PM
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Quote:
Originally Posted by CO19
Belize, would it be an erroneous ticket if CA law required a visible sign/post to be above the official "handicap spot" and no sign was there? In my state, a handicap spot is only official if it has the sign above, irregardless of the blue handicap symbol on ground... I don't know CA law on this, so was just asking. You or anyone know?
California law specifically allows local authorities to establish a special enforcement unit for the sole purpose of enforcing the laws, regulations, and ordinances pertaining to off-street parking in designated handicapped parking spaces, whether the facilities are publicly or privately owned. The enforcement personnel may issue parking violation notices, but the law does not consider them peace officers and they cannot make arrests (CAL. VEH. CODE § 22507. 9).

The signage regulations are covered under Title 24 of the California Building
Code. However, although they are based on the above code, each city has it's own regulations and code that comply with the above.

1. Handicapped symbol 36" x 36" in white on blue background shall be visible when vehicle is parked.

2.Stall outlines in blue with handicapped symbol in white located anywhere in the stall place.

3.Stall space in blue with handicapped symbol in white located anywhere in the stall space.
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  #5  
Old 10-14-2005, 11:37 PM
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Quote:
Originally Posted by BelizeBreeze
California law specifically allows local authorities to establish a special enforcement unit for the sole purpose of enforcing the laws, regulations, and ordinances pertaining to off-street parking in designated handicapped parking spaces, whether the facilities are publicly or privately owned. The enforcement personnel may issue parking violation notices, but the law does not consider them peace officers and they cannot make arrests (CAL. VEH. CODE § 22507. 9).

The signage regulations are covered under Title 24 of the California Building
Code. However, although they are based on the above code, each city has it's own regulations and code that comply with the above.

1. Handicapped symbol 36" x 36" in white on blue background shall be visible when vehicle is parked.

2.Stall outlines in blue with handicapped symbol in white located anywhere in the stall place.

3.Stall space in blue with handicapped symbol in white located anywhere in the stall space.
Let me reitirate this,the "handicapped symbol was not visible,if anything the handicapped symbol(only visible by day,or flashlight by night)was not 36" by 36" that's is not in compliance with your #1 requirement
less than half of it is showing
Furthermore your first post was just rude,I have a question why do you want to make me sound stupid?I do not have a placard,I did not see the symbols,there where plenty of other spaces,why would I do such a thing?
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  #6  
Old 10-15-2005, 08:56 AM
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Quote:
Originally Posted by SpartanV
Let me reitirate this,the "handicapped symbol was not visible,if anything the handicapped symbol(only visible by day,or flashlight by night)was not 36" by 36" that's is not in compliance with your #1 requirement
less than half of it is showing
Furthermore your first post was just rude,I have a question why do you want to make me sound stupid?I do not have a placard,I did not see the symbols,there where plenty of other spaces,why would I do such a thing?
I don't have to make you sound stupid. You're doing that all on your own.

You parked in a handicapped spot.
You were ticketed.
Pay the fine or spend time and money to go to court and TRY to prove you didn't park in a handicapped spot.

Now, who's stupid?
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  #7  
Old 10-15-2005, 11:28 AM
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A sign MUST be present for the violation to occur. In addition to the sign, CVC 22511.8 specifies that one other form of marking must also be present:

22511.8 (a) Any local authority, by ordinance or resolution, and
any person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of
any vehicle which displays either a special license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):

(1) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.

(2) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.

(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.


Unless you were parked on or partially on the cross-hatch area adjacent to the disabled parking space, or on or partially on the disabled parking space itself, the lack of a sign should make the section entirely unenforceable.

Bring any pictures with you to the hearing (generally done at the local parking authority or at city hall - depending on your locale) and see what happens. The worst thing that can happen is that they say you were parked on or within the marked space.

- Carl
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  #8  
Old 10-15-2005, 05:25 PM
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Quote:
Originally Posted by CdwJava
A sign MUST be present for the violation to occur. In addition to the sign, CVC 22511.8 specifies that one other form of marking must also be present:

22511.8 (a) Any local authority, by ordinance or resolution, and
any person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of
any vehicle which displays either a special license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):

(1) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.

(2) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.

(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.


Unless you were parked on or partially on the cross-hatch area adjacent to the disabled parking space, or on or partially on the disabled parking space itself, the lack of a sign should make the section entirely unenforceable.

Bring any pictures with you to the hearing (generally done at the local parking authority or at city hall - depending on your locale) and see what happens. The worst thing that can happen is that they say you were parked on or within the marked space.

- Carl
Thank you Carl,you're response was what I was looking for,Belizee please read a post thouroughly before posting in bitterness or whatever it is you are feeling,I am going to fight it,not going to spend money by taking pictures to city hall and asking for a review(as stated on the ticket itself)
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