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Wrong violation on ticket have prove

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bmaniak1

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

I received a parking violation for MC 80.69b which says "Parking Prohibited/Street Cleaning" but there is no signs that say this. The sign that is posted says "No Parking between 8:00am to 6:00 pm except Sundays". Also The fine is much more for the violation he wrote me up for then what was actually posted. Is this enough grounds to dismiss my ticket? Also in the comments he put the "vehicle was unattended" which is not true since I went up to him and told him I live there and it was only 8 minutes after 8:00am (as it states on my ticket)but he had to be the bigger man.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

I received a parking violation for MC 80.69b which says "Parking Prohibited/Street Cleaning" but there is no signs that say this. The sign that is posted says "No Parking between 8:00am to 6:00 pm except Sundays". Also The fine is much more for the violation he wrote me up for then what was actually posted. Is this enough grounds to dismiss my ticket? Also in the comments he put the "vehicle was unattended" which is not true since I went up to him and told him I live there and it was only 8 minutes after 8:00am (as it states on my ticket)but he had to be the bigger man.
SEC. 80.69. PARKING PROHIBITED OR LIMITED.
(Title Amended by Ord. No. 122,716, Eff. 10/5/62.)
Whenever, with reference to any street or portion thereof, the Department determines
that: (1) the same is within a business district; or (2) because of proximity to a business
district or center of employment; or (3) because of an unusual concentration of
population; or (4) because vehicles which are six feet or more in height (including any
load thereon) parked within 100 feet of an intersection limit the visibility of approaching
traffic and thereby create a hazard; or (5) because of any other factor or condition, the
unrestricted parking of vehicles has caused, or would necessarily cause, traffic
congestion, create a hazard, detrimentally affect the public welfare, or deprive the public
of the efficient use of available curb space, the Department is hereby authorized to install
at any such place signs giving notice that no person shall stand, stop or park a vehicle
except as provided on such signs. The Department is further authorized to include notice
on any sign which prohibits the stopping or parking of vehicles, that vehicles parked or
left standing in violation of such sign may be removed. (Amended by Ord. No.
161,645, Eff. 10/17/86.)
(a) Stopping or Standing Prohibited. Whenever authorized signs are in
place giving notice that stopping or standing is prohibited during such hours or on
such days as are indicated on such signs, it shall be unlawful for any person to
stop or stand or park any vehicle at any time during such hours or such days.
(b) Parking Prohibited. Whenever authorized signs are in place giving
notice that parking, as defined in Section 463 of the California Vehicle Code, is
prohibited at any time or during certain hours, it shall be unlawful for any person
to park any vehicle during such prohibited times, except as provided in Section
88.01.1 of this chapter. (Amended by Ord. No. 170,019, Eff. 10/21/94.)



It doesn't refer to street cleaning at all in LAMC.


ETA: You could have been sitting in the car...it wouldn't have made it any more legal for you to park.
 

bmaniak1

Junior Member
Yes you are correct with that info but on my ticket it has the web site Office of Parking Management and when you get to the home page there is a section that says "Per City Ordinance 179959, on July 25, 2008, the City of Los Angeles increased parking fines and penalties. Please click here to view the ordinance." When you click on it and scroll to my violation code 80.69B it says "Parking Prohibited/Street Cleaning". Now if you look closely the fine is more for this code then 80.69c. Also remember I was loading items into my vehicle and approached the officer while he was writing the ticket so my vehicle was not "no activity/unattended" as stated on my ticket. So lets do the math.... he ticketed 7 cars that morning with the same violation code thats an extra $105.00 for the city.
 

The Occultist

Senior Member
The base fine does not include whatever additional fees the city/courts may assess. You'll likely find that with most charges, the total fine will be [sometimes quite a bit] more than the base fine as described by most schedules.
 

CdwJava

Senior Member
Well, since the key issue is parking/standing in violation of CVC 463, you may standa chance if you can show this was the case.

463. "Park or parking" shall mean the standing of a vehicle,
whether occupied or not, otherwise than temporarily for the purpose
of and while actually engaged in loading or unloading merchandise or
passengers.
However, if the officer writing the violation did not notice you until after he was writing the violation and the doors/truck of your vehicle were not open (thus indicating active loading), you may have a hard time arguing to the appeals board that you were actively loading or unloading.

Oh, and the fines also have fees that are levied by the county and the city attached to them ... these are usually rather small when compared to the base fine for parking violations.

- Carl
 

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