Parking on Curb at Mall...

[CoolCatGee]

What is the name of your state? California

I parked my Motocycle on the side of Sears at The Local mall lastnight, out of the way of any walking traffic, But when i walked out to my bike i was cited for 22500.f Parking on a Sidewalk....
also keep in mind that Sears isnt on a street, a private road encloses the mall....

My question is do i have any grounds on which to fight it? or is it all legal?

Thanks for the help

Also, Other Business in the Area sometimes have Motorcycle parking on the "Sidewalk" What makes that "legal?" Because i know that the city didnt paint those lines....
Thanks,
Jason

 

[CdwJava]

If the adjacent roadway is not publicly maintained, the violation was likely improperly issued.

From the California Vehicle Code:

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.

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

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.

I think someone issued the cite in error ... unless the property the mall is on is public property (this is the case with one of our local shopping centers).

- Carl

 

[CoolCatGee]

Thank you for the reply, Thats what i was leaning towards also... i know the mall is Private because i know the owner... Now my next step, is should i call and have the Ticket reviewed or submit a written letter...

http://www.google.com/maps?hl=en&safe=off&q=mall&near=Temecula,+CA&ie=UTF8&cid=33487778,-117140278,7080458910242789246&li=lmd&om=1&z=16&ll=33.522739,-117.152538&spn=0.012808,0.024569&t=h

That is the link to our mall you can see the little private road going around the mall


Thanks,
Jason

 

[CdwJava]

Well, if you were cited for being on the sidewalk on the perimeter, there is a very good chance that is public property.

To contest the citation you will need to follow the instructions on the citation. This usually requires deposting the amount of the fine in lieu of your hearing with city staff. You should also go in with some sort of proof that the sidewalk on which you were cited is owned and maintained by a private entity and not part of the "highway".

- Carl

 

[CoolCatGee]

Okay i will do the Appeal Process on the back, with Pictures, you cant really tell on the google map i guess but the Red Pointer isnt were the mall is, i dont know how to put a pointer on a google map to show my exact loaction of the Bike.... but if i did you would be able to see that i wasnt any where near a street....

thanks for the help

I photoshoped my own map

The A is exactly where my bike was parked
http://i6.photobucket.com/albums/y229/CoolCatGee/map2.jpg

 

[justalayman]

Well, if you were cited for being on the sidewalk on the perimeter, there is a very good chance that is public property.

- Carl

Carl, does Cal. have a situation anything like Mi where the private property owner can allow the laws to be enforced as if it were public property?

I believe it requires a prior agreement of some sort between the municipality and the private property owner but a mall would be a typical place this type of thing would be beneficial and used.

 

[CdwJava]

Carl, does Cal. have a situation anything like Mi where the private property owner can allow the laws to be enforced as if it were public property?

We might, but I have never seen such an arrangement. I would have to guess, no. Just based on the elements of many of our offenses, I would have to say that such an arrangement would still make enforcement of most CVC provisions almost impossible.

- Carl