Ticketed by SDPD on private road

[fuse_fuse]

I'm in San Diego, CA, in a condo complex. We have tandem garages, which means you park one car right behind the other, not side-by-side. If you have two cars and need to use the one that's in front, you have to pull the car behind out, park it, then go get the one in front. It's a fairly common occurrence in the complex, and everyone parks the car they're not driving in the driveway to the complex -- the entirety of which is a painted red curb fire lane. There really is no other place to leave a vehicle without blocking someone's garage door, the trash dumpster, or the mailboxes.

The homeowner's association has printed materials that say this practice is acceptable for picking up, unloading the car, and other brief stops. They recommend that flashers be put on.

As I was switching the cars this morning, San Diego Police handed me a $65 ticket this morning for parking in a red zone (86.09(e) SDMC Red zone). I called the San Diego Development Management group and confirmed that yes, the road is a private road and not public.

At the time, I told the officer that the homeowner's association has given us permission to briefly leave vehicles in the spot I was parked. The officer told me that the homeowner's association cannot contravene state law and issued the ticket anyway. I did not mention the private nature of the road at the time, as I wasn't 100% sure. Now that I am sure, I would like to find out if this ticket is valid.

I am trying to get a hold of the homeowner's association, but no luck so far. It seems to be out of their hands now anyway, as it is a police ticket and not a private ticket.

Is this parking ticket valid, as it is on a private road? What are my options for fighting this?

Thank you for any advice.

[racer72]

If the red curbing and fire lane are required by law, the officer is correct and the HOA is wrong. The only truly private road would be one that is gated to prevent entrance by the general public and depending on how the laws are written, certain violations such as handicap parking and fire lane violators could still be subject of citations.

[CdwJava]

Here is the section:

§86.09 Standing or Parking in Specified Places Prohibited
No person shall park or stand a vehicle:

(e) In violation of any sign or curb marking limiting or regulating the parking or
standing of a vehicle.

A marked "fire lane" IS enforceable on private property. If the curb was marked thus limiting parking due to the fire lane, then the cite is likely valid.

Contest the cite as you wish, but do not expect to prevail on those grounds.

And the officer is right - the HOA can NOT give permission to violate state law.

- carl