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Re: Cali408nia's question on street sweepers parking ticket

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Iwant2kno

New member
What is the name of your state? California

I am in the same situation as Cali408nia in that I also got a parking ticket after the sweeper finished their rounds. But I am not going to lay down the way they are. There has to be some clause or something indicating the common sense regarding when one can return to parking on the street especially since It is directly in front of my house. What I am after is where can I find the origins of this stipulation and it's intended formulation and reasoning. It seems to me that the times set are so that obviously no one is to impede the sweepers duty and that the broad spectrum of time is for the sweepers unpredictability as to when it will come down or up my street. It never does it at the same time and that is my argument I intend impose common sense but I need more info. Can someone direct me to that information? Thank you
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California

I am in the same situation as Cali408nia in that I also got a parking ticket after the sweeper finished their rounds. But I am not going to lay down the way they are. There has to be some clause or something indicating the common sense regarding when one can return to parking on the street especially since It is directly in front of my house. What I am after is where can I find the origins of this stipulation and it's intended formulation and reasoning. It seems to me that the times set are so that obviously no one is to impede the sweepers duty and that the broad spectrum of time is for the sweepers unpredictability as to when it will come down or up my street. It never does it at the same time and that is my argument I intend impose common sense but I need more info. Can someone direct me to that information? Thank you
What happens if they make a second pass?
 

PayrollHRGuy

Senior Member
Here is the California law that allows the local authorities to pass such an ordinance. You will note there is no wording re: that it isn't enforceable after the sweeper has passed.

VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336]

( Division 11 enacted by Stats. 1959, Ch. 3. )


CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526]
( Chapter 9 enacted by Stats. 1959, Ch. 3. )

22507.6.
Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping. No ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. As used in this section, “entrance” means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.
 

Zigner

Senior Member, Non-Attorney
To be clear, a city MAY allow parking after the sweeper has passed, but is under absolutely no obligation to do so.
 

CdwJava

Senior Member
What is the name of your state? California

I am in the same situation as Cali408nia in that I also got a parking ticket after the sweeper finished their rounds. But I am not going to lay down the way they are. There has to be some clause or something indicating the common sense regarding when one can return to parking on the street especially since It is directly in front of my house. What I am after is where can I find the origins of this stipulation and it's intended formulation and reasoning. It seems to me that the times set are so that obviously no one is to impede the sweepers duty and that the broad spectrum of time is for the sweepers unpredictability as to when it will come down or up my street. It never does it at the same time and that is my argument I intend impose common sense but I need more info. Can someone direct me to that information? Thank you
If the sign says "No Parking" between certain hours on certain days, then that means no parking during that time. If you do not like the regulation you can lobby your councilperson to change the law. In the city where I live we have street sweeping, but there is no mandate to move the car. If your car is parked along the curb, they sweep around you.
 

Iwant2kno

New member
CdwJava, Your response is very black and white, this or that and I do get it however there are a myriad of circumstances that make this a bit gray. Thank you
 

CdwJava

Senior Member
CdwJava, Your response is very black and white, this or that and I do get it however there are a myriad of circumstances that make this a bit gray. Thank you
Why is it "gray"? You park in violation of the sign, you get a ticket. What does your local municipal code say? Does it provide some waffle room for some reason? if so, it is a poorly crafted statute. Not liking the statute does not make it "gray".
 

Just Blue

Senior Member
CdwJava, Your response is very black and white, this or that and I do get it however there are a myriad of circumstances that make this a bit gray. Thank you
Please post one "gray" area that, in your opinion, should be excepted by a judge as a reason to violate the law. I'm just curious and would like to see an example. Thank You...
 

not2cleverRed

Obvious Observer
CdwJava, Your response is very black and white, this or that and I do get it however there are a myriad of circumstances that make this a bit gray. Thank you
That is because is very black and white.

If it is illegal to park in a certain area during a certain time, then that's that.

If you don't like the reasons and think there's a better way of doing things, then you try to amend the law(s) regulating parking in that area.

Maybe the streetsweepers aren't capable of being predictable, and there needs to be wiggle room in their schedule for delays due to all the people who leave their cars on the street. *shrug*

(Street sweeping is a novelty event here. I certainly wish they were better at enforcing the travel and parking bans here during snow events. There's always some idiot who gets stuck and blocks the plow, and there's a bunch of other idiots who are apparently storing their cars on the street.)
 

Eekamouse

Senior Member
Please post one "gray" area that, in your opinion, should be excepted by a judge as a reason to violate the law. I'm just curious and would like to see an example. Thank You...
The obvious example is that this poster considers himself to be a special little snowflake so the laws regarding parking on the street during the time street sweepers are scheduled should only apply to everyone else but surely not to him. That's the example I see here. Le sigh.
 

Just Blue

Senior Member
The obvious example is that this poster considers himself to be a special little snowflake so the laws regarding parking on the street during the time street sweepers are scheduled should only apply to everyone else but surely not to him. That's the example I see here. Le sigh.
Hummm....The Snowflake Theory is too slushy. I was really hoping for something that didn't melt upon close examination.
 

Zigner

Senior Member, Non-Attorney
I'm gonna cut the poster a bit of slack based upon what I feel is a pretty common (yet erroneous) assumption that it's "ok" to park right after the sweeper has parked. I've seen TONS of people who believe this to be the case, and based upon the generally lax enforcement, I can understand why they believe it. I don't believe that this is a case of the poster believing the he (alone) is special, rather, it's a case of the OP simply being wrong because he sees "everybody" do it "all the time".
 

Zigner

Senior Member, Non-Attorney
On a parking-related matter...You know what really grinds my gears? In the afternoons, I frequently commute along fairly busy street that is three lanes in both directions. There is parking allowed along the curb (reducing the traffic lanes to 2 in each direction) except for 4pm-6pm on weekdays. There are also apartment buildings lining the street. So, of course, folks think they can start parking on the street at, say, 4:45-5pm...you know..right when *I* am driving along the street. Traffic gets hella backed up because of it. If The City would have those cars ticketed even once a month, the instances of this happening would drop drastically.

<Grumble Grumble Grumble>
 

not2cleverRed

Obvious Observer
On a parking-related matter...You know what really grinds my gears? In the afternoons, I frequently commute along fairly busy street that is three lanes in both directions. There is parking allowed along the curb (reducing the traffic lanes to 2 in each direction) except for 4pm-6pm on weekdays. There are also apartment buildings lining the street. So, of course, folks think they can start parking on the street at, say, 4:45-5pm...you know..right when *I* am driving along the street. Traffic gets hella backed up because of it. If The City would have those cars ticketed even once a month, the instances of this happening would drop drastically.

<Grumble Grumble Grumble>
Was never a fan of Mike Dukakis as MA governor, but was thankful that when I lived in Westwood that he briefly got enforced the parking regulation forbidding cars from blocking sidewalks. UCLA kids were convinced that their parking bothered no one because they weren't in the street, but if your parked vehicle in the driveway is forcing pedestrians to go in the street, then yes, you ARE causing a problem.

(OT, had to go back and add an "r" to parking. :D )
 
On a parking-related matter...You know what really grinds my gears? In the afternoons, I frequently commute along fairly busy street that is three lanes in both directions. There is parking allowed along the curb (reducing the traffic lanes to 2 in each direction) except for 4pm-6pm on weekdays. There are also apartment buildings lining the street. So, of course, folks think they can start parking on the street at, say, 4:45-5pm...you know..right when *I* am driving along the street. Traffic gets hella backed up because of it. If The City would have those cars ticketed even once a month, the instances of this happening would drop drastically.

<Grumble Grumble Grumble>
There is a better, albeit more drastic answer
 

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