Street Sweeping Ticket

[ybrick]

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

Hey guys,

Just looking for some parking ticket advice here. I recently received a parking ticket for a violation I wasn't aware I committed. Here is the scenario:

I parked on the street that apparently had sweeping that day. The section I parked in is between 2 streets/intersections and has no sign posted on that particular block indicating that parking is illegal. There is, however, a sign on the next and previous block saying:

NO Parking
Tues * Fri
8AM-10AM
STREET SWEEPING

Now, from the way I came, there were no signs saying where I parked was illegal. Only had I gone further in traffic or had made a turn earlier somewhere could I have seen a NO Parking sign that indicates street sweeping will take place during the time I am parked there. As always, I checked for any signs on the block after I parked and left my car when I didn't notice any.

Here is a drawing to portray the scenario a little better (I have since taken pictures as evidence):

http://img228.imageshack.us/img228/9931/parking.png

The red marks are the "NO Parking" signs, the X are parking spots, and the blue line is the path I followed. Along that path, there is no indication of street sweeping on that street or the one I parked on.

I went home to grab my camera and came back to inspect the area. In doing so, I discovered the first "NO Parking" sign that you see in the picture. I had noticed the second "NO Parking" at the time of parking but I dismissed as irrelevant since I wasn't on that block (essentially I didn't go over to read it).

I presume I was indeed parked illegally, but I don't think it's a fair citation given that there were no signs on the block indicating that parking is illegal. I'm hoping to cite CVC 22507.6, which states that such signs must "be posted in a conspicuous place at each entrance to the street." Do you guys think I have a case to dispute this? If so, any suggestions on what else I should include in my appeal?

Thanks,
John

 

[The Occultist]

What is the code you were cited for? Also, if it is not an actual CVC, please provide the city/town where this occurred.

 

[ybrick]

What is the code you were cited for? Also, if it is not an actual CVC, please provide the city/town where this occurred.

SDMC 86.09(E)

Standing or Parking in Specified Places Prohibited
No person shall park or stand a vehicle:
(a) Within fifty (50) feet in advance of a Stop sign, Yield sign, traffic signal, or
marked crosswalk when appropriate signs or markings are in place prohibiting
such parking or standing of the vehicle.
(b) Within fifty (50) feet of the prolongation of an intersecting roadway curb or
pavement edge when appropriate signs or markings are in place, except buses
at a designated bus zone.
(c) In any designated taxicab zone, except properly licensed taxicabs.
(d) In such a manner as to obstruct the free use of the street.
(e) In violation of any sign or curb marking limiting or regulating the parking or
standing of a vehicle.
(f) In violation of any sign or red curb marking prohibiting the parking or
standing of a vehicle.

San Diego

 

[The Occultist]

Based on the information you have provided, sounds to me like you should have no problem beating what is clearly [based on your post] an incorrectly issued citation. If I am mistaken, then somebody more knowledgeable than I (such as Carl, who is rarely mistaken and is an officer in your state and thus would know better than I) should be along shortly to correct my observation.

 

[ybrick]

Based on the information you have provided, sounds to me like you should have no problem beating what is clearly [based on your post] an incorrectly issued citation. If I am mistaken, then somebody more knowledgeable than I (such as Carl, who is rarely mistaken and is an officer in your state and thus would know better than I) should be along shortly to correct my observation.

Thank you for your input I submitted my appeal, I'll post my results once I hear back.

 

[ybrick]

Hello again,

I received my administrative review decision and they have determined that the citation was properly issued based on the following statement:

Drivers are expected to actively look for all signs and curb markings related to parking restrictions.

I'm a bit shocked at this decision considering there are no parking signs posted on this particular block. What is truly depressing is that I did and always do search for parking signs. Anyway, my initial reaction is to further appeal at an administrative hearing, is there a decent chance of winning?

Most posts I've read on similar situations suggest to simply pay it as it is not worth the time spent to have it dismissed. I am currently a student so, at this point in my life, it is personally worth it for me to fight the ticket. Not to mention it's an unjust citation. However, I have never undergone such an endeavor and I am unsure on how to proceed. I would be grateful for any advice you all are able to provide.

Thank you

 

[ybrick]

Is anyone able to chime in on this? Or perhaps provide some helpful hints or suggestions?

 

[Zigner]

Is anyone able to chime in on this? Or perhaps provide some helpful hints or suggestions?

I would suggest that you simply pay it.
However, I must say, I'm very surprised you were able to get an administrative review without sending any money in to begin with.