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Placement of Handicapped Parking Sign not in Center

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pranaman

Junior Member
Hi,
I am in Concord, CA - Contra Costa County.

About 2 weeks ago I parked downtown in a spot by a bank.

Turns out it was a handicapped parking spot. It was raining, and the spot had a tree where the sign would normally be (in the center of the parking spot), and the sign was off to the side. So I thought the spot next to me was the handicapped one.

I was on the phone, never left the car. A policeman came up and told me the news. I checked, and sure 'nuff - he was right. 313 bucks.

I plan to appeal based on
1) the sign was not in the middle. It was off to the side in that half space that they sometimes have
2) the line was white and blue. Much of the blue paint peeled or chipped away, so it was hard to see
3) it was raining and I did not get out of the car to see it

Anyone have any advice?
 


justalayman

Senior Member
ya, before you spend the time arguing your points, you need to find the law that requires the sign to be in the middle of the parking space and how the lines must be painted.
 

pranaman

Junior Member
Yeah, that's what I was thinking. Wondering where I could find a law that talks about that. I found 'MUTCD' from another post. Researching that...
 

CdwJava

Senior Member
Here is the section:

22507.8. (a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code
or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.​
Was this spot in the bank's parking lot? Or, was it on the street?

If on the street, the following applies:

22511.7. (a) In addition to Section 22511.8 for offstreet parking,
a local authority may, by ordinance or resolution, designate onstreet
parking spaces for the exclusive use of a vehicle that displays
either a special identification license plate issued pursuant to
Section 5007 or a distinguishing placard issued pursuant to Section
22511.55 or 22511.59.
(b) (1) Whenever a local authority so designates a parking space,
it shall be indicated by blue paint on the curb or edge of the paved
portion of the street adjacent to the space. In addition, the local
authority shall post immediately adjacent to and visible from the
space a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background.
(2) The sign required pursuant to paragraph (1) shall clearly and
conspicuously state the following: "Minimum Fine $250." This
paragraph applies only to signs for parking spaces constructed on or
after July 1, 2008, and signs that are replaced on or after July 1,
2008.
(3) If the loading and unloading area of the pavement adjacent to
a parking stall or space designated for disabled persons or disabled
veterans is to be marked by a border and hatched lines, the border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008.
(c) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.​
If in a parking lot, then this one applies:

22511.8. (a) A local authority, by ordinance or resolution, and a
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 a
vehicle that 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) (A) 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.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) (A) 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.
(B) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
subparagraph applies only to parking spaces constructed on or after
July 1, 2008, and painting that is done on or after July 1, 2008, or
as the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(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. ... <snip> ....​
A lot will depend on how long ago this space was made.

If this was issued as a parking citation (i.e. to the car and not to you as the named driver) then you may be required to post the bail (fine) before you get a hearing. The hearing will be with a person or panel designated specifically to address parking matters. Bring photos of the scene and the parking space and use them to aid in your defense ... if they do.
 

pranaman

Junior Member
It was actually street parking, at an angle. Also, as for the blue line separating the space, a lot of the paint had been chipped off, which I meant to mention earlier.

I think it was posted to the car, and not to me. Seems I have to contest it by mail or online within 14 days. Mailing address is Huntington Beach.

Also, I posted 3 pictures I took with my cell phone so others could see get a better detail of what was going on: https://picasaweb.google.com/106191645473557341002.
 
Last edited:

CdwJava

Senior Member
It was actually street parking, at an angle. Also, as for the blue line separating the space, a lot of the paint had been chipped off, which I meant to mention earlier.

I think it was posted to the car, and not to me. Seems I have to contest it by mail or online within 14 days. Mailing address is Huntington Beach.

Also, I posted 3 pictures I took with my cell phone so others could see get a better detail of what was going on: https://picasaweb.google.com/106191645473557341002.
Sounds like a parking cite.

And, well, I hate to say it, but it looks pretty clearly marked to me.

The only thing that MIGHT work in your favor is that the sign does not comply with part of 22511.7(b)(2) as it does not indicate the minimum fine. HOWEVER! That only comes into play if the space created on or after July 1st 2008, and I am going to guess it has been so designated longer than that.

You might be able to get a sympathy vote from a hearing panel if you can convince them it was so dark that you could not see a blue curb or the huge wheelchair symbol on the ground ... you'd better hope that there is absolutely no lighting in the area if you hope to sell that one.

If I saw that, I'd uphold the citation.
 

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