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#1
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Unloading merchandise in driveway, extending into sidewalkWhat is the name of your state? California. Got a parking ticket recently. Code violation was CVC 22500(F). Here's my plea: I was actively unloading tools and merchandise in the driveway of a condo unit. The garage unit faces the street, and the driveway into that garage is not long enough to accomodate my vehicle (Ford van). I was backed up as close to the garage unit as possible, but the front of my vehicle was extending into the pedestrian sidewalk approx. 18 inches. The intent was to park there only until I had unloaded, after which time I would park on the street. There was no available parking in the street at the time I arrived. The nearest parking area was approx. 2 blocks away. Technically I realize I do not have a case. But, in your opinion, do you think a written explanation might result in a dismissal of the fine? Tkanks for your advice. Last edited by Mikey_SD; 06-03-2006 at 01:43 PM. |
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#2
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| 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: (a) Within an intersection, except adjacent to curbs as may be permitted by local ordinance. (b) On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers when authorized by the legislative body of any city pursuant to an ordinance. (c) Between a safety zone and the adjacent right-hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or placed by local authorities pursuant to an ordinance. (d) Within 15 feet of the driveway entrance to any fire station. This subdivision does not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle. (e) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance. In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway. (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. (g) Alongside or opposite any street or highway excavation or obstruction when stopping, standing, or parking would obstruct traffic. (h) On the roadway side of any vehicle stopped, parked, or standing at the curb or edge of a highway, except for a schoolbus when stopped to load or unload pupils in a business or residence district where the speed limit is 25 miles per hour or less. (i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and unloading of passengers of a bus engaged as a common carrier in local transportation when indicated by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance. (j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility. (k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance, or inspection of the facility, and except that buses engaged as a common carrier in local transportation may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized by local authorities pursuant to an ordinance, and except that local authorities pursuant to an ordinance or the Department of Transportation pursuant to an order, within their respective jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to permit parking without interfering with the normal movement of traffic on the roadway. Local authorities, by ordinance or resolution, may permit parking on these bridges on state highways in their respective jurisdictions if the ordinance or resolution is first approved in writing by the Department of Transportation. Parking shall not be permitted unless there are signs in place, as may be necessary, to indicate the provisions of local ordinances or the order of the Department of Transportation. (l) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk. And, what is the defense ? It was convenient for you ? |
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#3
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| Certainly you can appeal it - and you may have nothing to lose by doing so, but I would not expect to win unless members of the appeals panel (or a sole administrator) sympathize with your situation. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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#4
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thanks for your quick response...Yea, I agree there is no defense. I just thought perhaps I would give an appeal a shot and see if I can get a sympathetic response. Thanks again. |
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