Wrongfully ticketed in Berkeley, CA

[kgl_m]

This is in Berkeley, CA. I was parked in a residential area with 2-hour parking without permit. I moved my car after my two hours was up, but I got lucky and only had to move it one parking spot.

In my mind, moving it one spot was sufficient because the only restriction seemed to be that you could not park in one spot for more than two hours. I admit I cheated a little bit, and it was stupid of me - I was trying to be smart and "green" by not starting my car to move it a few inches. I'm paying for that with a full tank of gas if I can't fight this ticket.

Anyway, today I called the number listed on the back of the ticket to start the contesting process, and when I explained my situation to the (very sassy) woman, she said that there is a rule saying that you can not be parked on the same block for more than two hours.

I have seen "Block face restrictions" coupled with time restrictions in other cities, but there was no signage indicating this restriction.

Now I have two issues:
1. Somehow prove that I did move the car.
2. Prove that even if they have this rule, since it was not on the board it should not be valid.

How should I contest my ticket?

It says on the ticket CODE: 14.40.090(A1)1 - how do I use that to find the relevant statute/law?

[FlyingRon]

You're guilty. You didn't move the car far enough. The parking time limit covers the time for all the spaces between intersecting streets.
Rolling forward one space didn't reset the clock.

[url]http://www.cityofberkeley.info/uploadedFiles/Clerk/Level_3_-_BMC/BMC-Part1-T1-22--032208.pdf[/url]

[patstew]

Originally Posted by kgl_m

Now I have two issues:
1. Somehow prove that I did move the car.

Doesn't apply

2. Prove that even if they have this rule, since it was not on the board it should not be valid.

The Supreme Court of the state where I live disgreed, when one of our locals took a similar ticket that far.

YMMV, as I'm not in California.

[CdwJava]

Originally Posted by kgl_m

Anyway, today I called the number listed on the back of the ticket to start the contesting process, and when I explained my situation to the (very sassy) woman, she said that there is a rule saying that you can not be parked on the same block for more than two hours.

There may be such a rule, but you should ask to SEE that ordinance.

I have seen "Block face restrictions" coupled with time restrictions in other cities, but there was no signage indicating this restriction.

Signage is not always required.

Now I have two issues:
1. Somehow prove that I did move the car.
2. Prove that even if they have this rule, since it was not on the board it should not be valid.

That depends upon the ordinance.

How should I contest my ticket?

In the process mentioned on the citation. You can certainly bring up these things you have mentioned, but if there is a no parking on the block rule, and the municipal code does not require it to be posted, then you may well lose. You care free to mount an appeal if you wish, but you would have to ask yourself how much will that cost you compared to what you might gain?

It says on the ticket CODE: 14.40.090(A1)1 - how do I use that to find the relevant statute/law?[/quote]

Section 14.40.090 Preferential parking.
A. The City Traffic Engineer shall designate established preferential parking zones by placing and
maintaining appropriate signs indicating that parking of vehicles beyond the permitted time within the zone is
prohibited, unless a valid permit is attached to the left rear bumper. Unless a valid parking permit is properly
displayed, it is unlawful for the operator of any vehicle to park said vehicle in excess of the posted time during
the days designated on the signs on a preferential parking street or parts of streets as established by
Resolution of the Council.
B. Each person shall be guilty of a separate and distinct offense for each and every hour of unauthorized
parking as defined by this section, after the issuance of the first citation, and may be cited accordingly. (Ord.
6686-NS § 7 (part), 2002: Ord. 5248-NS § 1, 1980)

So, the phrase "parts of streets" might be what jams you up here.

Present your argument to the hearing panel and see what they say.

- Carl

[FlyingRon]

Cdw, also that sections mention of the "permitted time" brings in the "two hour time limit" section of the statutes (back up a few sections). That section has wording that says to the effect of occupying one or more spaces along a street between two intersecting streets.

If he'd gone forward past the next intersection, he'd be OK. He only moved around within the block, so the two hour time limit still applied.

[CdwJava]

Originally Posted by FlyingRon

Cdw, also that sections mention of the "permitted time" brings in the "two hour time limit" section of the statutes (back up a few sections). That section has wording that says to the effect of occupying one or more spaces along a street between two intersecting streets.

If he'd gone forward past the next intersection, he'd be OK. He only moved around within the block, so the two hour time limit still applied.

I agree. It would seem that unless the OP wants to hire an attorney and appeal to court (and hope that a court rules the section unconstituionally vague), then it might behoove him to contest the cite and then pay the fine if he loses.

- Carl

[FlyingRon]

Originally Posted by kapeedmaro

I "eyeballed" the Berkeley Municipal Code and couldn't find any mention of any reparking restrictions. A "reasonable" person would interpret a 2-hour limit to mean that one simply needed to move their vehicle out of the space he/she was parked in.

You should have eyeballed it better. The section on 2-hour limits specifically says "space or spaces along the frontage of a street between two intersecting streets."

You need to move at least past the next intersection.

[FlyingRon]

That should be of great comfort to him three and a half months after the original post. Any particular reason for this necroposting?

We already discussed the point you were trying to make anyhow.

[CdwJava]

Originally Posted by kapeedmaro

The catch? Once a parking ticket-issuing agency has been made aware of an error (through the appeals process), California law allows them 14 days to issue a "Notice of Correction" to fix the error. If they fail to do so (because they're buried in a mountain of parking citation appeals), any competent Administrative Review process will result in a dismissal.

Do you have that CVC section handy?

- Carl