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Question about Fighting Parking Ticket California

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Tamaramisu

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

I live in Garden Grove, California and I recently got a parking ticket for Street Sweeping. My question is about a technicality on the violation I was cited for.

To my knowedge the street sweeper comes on the 2nd and 4th Monday (I have a garage so I have never had to deal with this issue but I had borrowed my friends van and had to park on the street that day. It was the 3rd Monday of the month and so when i saw the ticket on the van I was like "Whattttt? Its not the 2nd or 4th Monday!?!" So I had to investigate.

Before getting this ticket I had only seen the signs that say "no parking on any street in this tract on the 2nd & 4th Monday every month between 8am-4pm STREET SWEEPING" After driving down every street in my tract I also found "no parking THIS SIDE 2nd & 4th Monday of every month between 8am-4pm STREET SWEEPING" on one side of the street. And then signs on the opposite side of the street that say "no parking THIS SIDE 1st & 3rd Monday of every month between 8am-4pm STREET SWEEPING" And then the sign that I was aware of that say "no parking on any street in this tract on the 2nd & 4th Monday every month between 8am-4pm STREET SWEEPING" Actually there is a spot where two of these signs are posted together which is in my opinion pretty darn confusing and misleading. Why not just have a sign that says no parking on any street this tract on Mondays between 8am-4pm STREET SWEEPING"?

And then there is one more group of signs that are only posted on one of the streets in my tract that say "No Stopping standing or parking between 9pm-5am TOW AWAY" also note that there are no signs on this particular street for street sweeping which is a bit odd because it is one of the 4 streets by which you can enter the tract on (I think it's important to say this because I thought that street sweeping signs are supposed to be posted at each entrance to the tract right?)

As you may have guessed, this is the street that I got the street sweeping ticket on. However the ticket was issued at 4:42 am which does not line up with the 8am-4pm street sweeping signs. I was cited for street sweeping but shouldn't I have been cited for no stopping, standing or parking? Is there even a code for this violation? Do I have a valid argument to fight this ticket based on these technicalities? Or does the no standing stopping or parking signs have multiple translations? Any clarification on this would be greatly appreciated :) Thanks
 


CdwJava

Senior Member
Here is the section:

10.56.200 Parking Restricted to Facilitate Street Sweeping
A. Any other limitation on, or regulation concerning parking contained in Title 10 of this Code to the contrary notwithstanding, it is unlawful to park or leave parked any vehicle on any street or portion thereof during the hours and on the day or days of the month indicated on signs containing the words “No Parking,” which signs have been placed in appropriate locations designating said parking restrictions pursuant to the provisions of this section.
B. The City Traffic Engineer is authorized to determine the locations of and to place and maintain, or cause to be placed and maintained, signs designating the hours during which, and day or days of the month on which, parking is prohibited in order to permit street sweeping equipment. Any person convicted of violating the provisions of this section shall be subject to a fine. (2804 § 1, 2011; 1781 § 1, 1982)​

Interesting ... the language of the A section does not appear require that the cite be solely for the dates and times of street sweeping, but, that it can be cited during the days and hours indicated on a sign as "no parking." It could be that the section is also used for violating the No Parking sign between 9 PM and 5 AM.

You have nothing to lose except time by challenging the cite through the process identified by the city. Take pictures, bring the statute, and make your argument. Maybe you will prevail ... maybe you won't. The fine won't get bigger by arguing it.
 

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