Deface/damage Public Property

[CdwJava]

I'm gonna ask Public Works to review the damage and supplement it investigative report to Code Enforcement/Community Safety which is, by extension, the Sheriff. Maybe this increased damage will motivate them to cite the perp.

Maybe. Or, they will just adjust the bill they send him accordingly.

My city tends to pursue civil claims rather than criminal ones as well.

I'll conclude with this observation of "big picture" law. Jerry Brown, the new CA AG, just indicated that HE is going to OVERTURN the will of the people as decided in the recent election of Prop. 8.

You're surprised? He's probably more politically left leaning than Nancy Pelosi. I called that the day of the election - in spite of what he said at the time about supporting the will of the people.

I don't really have a "dog in this fight" but I think Jerry Brown should be recalled immediately for a gross usurpation of power.

I would tend to agree, and I believe the attempt will be made. But, this is CA and it is the most liberal state in the union ... in the end, on the off chance they obtain sufficient signatures to get it on to a ballot he won't be recalled as there will be too many votes to keep him on.

The people's decision MUST trump any "decision" made at any level.

Unless "the people's decision" is unconstitutional. Too many of these initiatives are very poorly crafted. Look at Prop 215 and hos many legislative fixes that has gone through - and STILL has to go through - to make any sense of it.

CA has such a bizarre initiative process that even blatantly unlawful and/or unworkable laws can be enacted. Take a look at the CA Atty. General's website like for initiatives some time take a gander at the bizarre stuff that some people want to put on the ballot. Fortunately, they are not likely to garner many signatures ... but, if they somehow do, they could SOUND neat, but the effects would be disastrous if they passed.

What if a Chairman of the Joint Chiefs arbitrarily decided that he should run things for a while.

Blatantly unconstitutional.

Sorry, I just heard this report on the news. The chinese well wish was, "may you live in interesting times." That, I think, we do.

Yep. Though, I think that could be said about any decade I have lived through so far.

If you are attempting to relate any of this to your situation, all I can say is that sadly I missed the analogy ... aside from your frustration.

- Carl

 

[Johnmelissa]

Defacement/Damage To Public Property

Just found this "other" thread. No analogy just disbelief that JB is so bold. We've seen this absurd liberal sour grapes tantrum many times. It's like OJ. I don't think OJ II is gonna fly. These people have scrutinized the major points, in all probability and the voters have supported them. The court might demand some particular rewording but the NO on marriage must stand. But I think we're on the road to chaos anyway. It ain't America if the people's voices are ignored!

I have a new questioned I asked on a similar thread. I get lost here. My neighbor/cop was cited for overnight parking then warned to move his 4x4 off the sidewalk. I think the code enforcement director FIXED everything for the neighbor/cop. He's fix parking citations before at that address and, ironically, he fully and personally enforced the no parking over the sidewalk thing about 3 years ago at my request. Apparently, now, I'm on the outs and the perp/neighbor/cop in on the ins. Is this corrupt? Can the director FIX tickets?

 

[CdwJava]

I have a new questioned I asked on a similar thread. I get lost here. My neighbor/cop was cited for overnight parking then warned to move his 4x4 off the sidewalk.

Do you know it was a citation? Or was it a warning?

If a citation, was it a parking citation or a moving citation (i.e. left on the vehicle or given directly to the driver or owner)? If a parking citation, then how do you know it was not paid or otherwise resolved either by appeal or by some other resolution?

If it is a warning, then obviously no penalty would ensue.

I think the code enforcement director FIXED everything for the neighbor/cop. He's fix parking citations before at that address and, ironically, he fully and personally enforced the no parking over the sidewalk thing about 3 years ago at my request. Apparently, now, I'm on the outs and the perp/neighbor/cop in on the ins. Is this corrupt? Can the director FIX tickets?

Can he "fix" them? That depends ...

If they were parking citations, then the process is done at the local level and subject to whatever procedures are in place to appeal these citations. If it could be shown that the neighbor is receiving undo favor, then this director could be subject to whatever penalties his superiors deem appropriate. Unless the director has received some sort of compensation for his favors, chances are nothing unlawful occurred.

If it is a traffic citation cited into a traffic or superior court, absolutely not. No one at the local level can arbitrarily dismiss a traffic citation without jumping through some hoops ... these include submitting a notice to the court explaining why you wish to void the citation and that explanation becomes part of the court record on the matter. It can be a crime to "fix" a ticket cited into a county court at the agency level.

- Carl

 

[Johnmelissa]

Citations

Excellent! I think you're right in that it is local. It would be my guess that these parking (not moving) citations are NOT sent to a court but handled within the city. The appeal is likely within the city process also. I was told over the phone by someone at Community Safety that they had "cited" for parking in the street between 3 and 5am without permit. The parking over the sidewalk issue was resolved by the neighbor by pulling the car onto the walkway to his porch, bypassing the front of the garage so that the extra long truck was completely off the sidewalk. I didn't see any paper or officers. The next day, the truck was back, parked over the sidewalk. So the Director must have overridden the law against parking over the sidewalk for this individual. It appears these two made a deal ignoring the written law. A woman with a baby carriage would have to walk around the pickup truck over the sidewalk and that has happened as there is a mom and baby 4 houses down.

THANKS

 

[Johnmelissa]

Citations

Is parking over the sidewalk enforceable - 6", 1 ', halfway? This very CE Director was out at this very address 3 or 4 years ago and had the neighbor/cop move this very same truck off of the sidewalk completely and the sidewalk was clear for years. Now, he doesn't appear to want to clear the sidewalk completely. Then it was a good idea, now it's a bad idea. No one else in the neighborhood blocks the sidewalk to any degree.

THANKS

 

[CdwJava]

Excellent! I think you're right in that it is local. It would be my guess that these parking (not moving) citations are NOT sent to a court but handled within the city. The appeal is likely within the city process also.

That is how they are handled. Parking citations ONLY go to court if the defendant does not like the results of the appeals and takes it to court himself. I have never seen this happen, but it is provided for in the CVC. They are handled by a committee or individual at the city level. *I* am the appeals person at my city ... my Chief is the next step in the appeals process.

It appears these two made a deal ignoring the written law. A woman with a baby carriage would have to walk around the pickup truck over the sidewalk and that has happened as there is a mom and baby 4 houses down.

Maybe so. The next question would be, what do you do about it?

This sounds like it would be an internal procedural or personnel matter and not a criminal one at all.

- Carl

 

[CdwJava]

Is parking over the sidewalk enforceable - 6", 1 ', halfway?

Provided the city has an ordinance permitting the enforcement of the section, sure.

CVC 22500(f) states, in part, that a vehicle cannot be: "On any portion of a sidewalk, or with the body of the vehicle extending over any portion of a sidewalk ..."

It has been my experience that absent a complaint from a neighbor, this sort of thing is rarely cited, and then, they usually receive a warning before any citations are made. But, this practice could vary by jurisdiction.

- Carl

 

[Johnmelissa]

Citations

OK. Good. That's what happened. It's a local matter. The citation for parking was paid or successfully appealed to the Director and the parking over the sidewalk (the monster 4x4 is about halfway across) has been "allowed" or ignored and is ongoing as we speak a week later. The Director's staff at overnight parking cited or warned of parking over the sidewalk after my complaint and the Director, subsequently, overturned the citation/warning and is allowing the neighbor/cop to park halfway across the sidewalk. There is nothing anyone can do about the Director not enforcing the code as it is written and granting favor after favor to the neighbor/cop. It's on to the next episode.

Do you have a comment on why a "sworn police officer" would persistently commit SO MANY minor offenses? Is he seeking a "death of a thousand cuts" - playing with fire?

THANKS

 

[CdwJava]

OK. Good. That's what happened. It's a local matter. The citation for parking was paid or successfully appealed to the Director and the parking over the sidewalk (the monster 4x4 is about halfway across) has been "allowed" or ignored and is ongoing as we speak a week later. The Director's staff at overnight parking cited or warned of parking over the sidewalk after my complaint and the Director, subsequently, overturned the citation/warning and is allowing the neighbor/cop to park halfway across the sidewalk.

The only recourse would then be a complaint to his superior - perhaps the council or the city manager.

Do you have a comment on why a "sworn police officer" would persistently commit SO MANY minor offenses? Is he seeking a "death of a thousand cuts" - playing with fire?

I have no idea. But, in this case, he is a crappy neighbor and not a "sworn police officer". He may be both, and it is certainly concerning either way. I cannot speculate as to "why" he does anything.

Minor offenses are easy to make ... if I look outside right now I can see that my sons' basketball hoop is blocking the sidewalk - a muni code violation. If I were asked even by a neighbor to move it, I would. It's not worth the hassle of taking on city hall ... but, in my case, I live and work in the same city and any reticence on my part WOULD result in an IA investigation and discipline.

- Carl

 

[Johnmelissa]

Citations

You're absolutely correct. Violations are everywhere. This would be a whacky world if every code were enforced 24/7 to the letter of the law. But, in my complaint's defense, in this local neighborhood of 100 nice homes, the neighbor/cop is the ONLY one with the "toys," if you will, and the nuisances and constant code/law violations. He's the only one with a vehicle that won't fit in its driveway and he's the only one that parks over the sidewalk (most of the rest are Lexus', Mercedes, BMW's, Volvos - you get the picture, manicured lawns - then there's this guy with the monster 4x4). He is, in effect, saying I'm gonna park here and you can't stop me; I'm above the law, or something like that. Most cops would keep a slightly lower profile, wouldn't they? Also, to me and most people, having the neighbor cited is not important, an unobstructed sidewalk is.

OK, THANKS

 

[Johnmelissa]

Nuisance By A Sworn Police Officer

Carl,

It's been a while. I hope you're doing well. If you have time, I'd like to hear your assessments of two situations. The first would be a review. I mentioned before the parking over the sidewalk of a monster 4x4 that is too long for the driveway in front of the garage. The CVC states clearly that "no portion" of the sidewalk may be obstructed. Should the local agency enforce/cite that? Has that law been revised or rescinded?

Secondly, my neighbor/cop has a brand new nuisance. He rides a big motorcycle around the neighborhood (he's a motor officer). The bike is SO loud you can hear it from blocks away and it vibrates the houses as it passes by. He must have altered the pipes from factory configuration and/or pulled a baffle out. It is absurdly, ridiculously loud. Can the local agency cite (fix-it ticket) for noise violation and can it cite for deliberate alteration of pipes? What do you think the local agency will say if I call on a motorcycle noise violation. This neighbor/cop has altered 2 pick-ups and a motorcycle and owns 3 noisy off-highway motorcycles and an unmuffled sand rail/dune buggy.
Never a dull moment.

Thanks

 

[CdwJava]

It's been a while. I hope you're doing well.

Yes, thank you.

If you have time, I'd like to hear your assessments of two situations. The first would be a review. I mentioned before the parking over the sidewalk of a monster 4x4 that is too long for the driveway in front of the garage. The CVC states clearly that "no portion" of the sidewalk may be obstructed. Should the local agency enforce/cite that? Has that law been revised or rescinded?

"Should" is subjective. CAN they enforce it? Sure. Whether they SHOULD enforce it is a matter of debate. The agency can enforce the obstruction fo the sidewalk if they choose to, and, if they have an ordinance in place to allow them to cite for it.

Can the local agency cite (fix-it ticket) for noise violation and can it cite for deliberate alteration of pipes?

Assuming that to be the case and they have an officer that knows the difference, sure they can. However, it would have to be witnessed by the officer. That's not generally one they can do via complaint (i.e. pursuant to a second hand report).

As for a noise complaint pursuant to PC 415, that'd be a tough one to make but it's theoretically feasible.

What do you think the local agency will say if I call on a motorcycle noise violation. This neighbor/cop has altered 2 pick-ups and a motorcycle and owns 3 noisy off-highway motorcycles and an unmuffled sand rail/dune buggy.

I would think they would respond and talk with him. However, if the responding officer doesn't know about mufflers, baffles, pipes, or whatever, and did not witness (i.e. HEAR) the loud noise, I doubt he could act on the complaint at that time.

If we got a call on it, I don't have a single officer who could look at a bike and know whether it had been unlawfully modified. If it were too loud and on the street, sure ... parked and modified, no. As for doing a noise complaint pursuant to PC 415, if AFTER the neighbor was advised of the noise, and he continued to run the bike as is (assuming that the bike was unlawfully modified), we might long form the report to the DA and see what the DA says. But, if the bike is not unlawfully modified, then I do not believe we'd meet the intent requirement for PC 415 unless he was idling it loudly in front of your driveway or some other act that would clearly show he was intentionally disturbing you.

- Carl

 

[Johnmelissa]

Motorcycle Noise

OK. Thanks.

 

[Johnmelissa]

Warning Call

Carl, is it possible for someone in a Sheriff's office to overhear, read or be told about a call for a response from the public and for that officer/clerk to give a warning call to a fellow police officer in the service area? I don't want to believe that could happen but last evening I called the Sheriff's because the neighbor/cop parked his 4x4 super-cab extended length high rise monster truck over the sidewalk (whereas the CVC reads "no portion" may be parked over). Before the Sheriff Deputy could respond, the neighbor ran out and pulled his monster truck out of the driveway and parked it in the street then ran back into his house. It was weird and I guess I'm paranoid. I had to cancel the call to the Sheriff telling the deputy that the neighbor/cop moved the truck. Could somebody in the station have heard the call and warned the neighbor/cop that a deputy was coming to ticket his truck? I know there is a record of "sworn police officers" living in a service area of each police station. And the neighbor/cop has had the local Sheriff responding to his house so many times that he may have friends there by now (he has at least one enemy because he called a deputy a "prick" one night). Too weird.

Thanks, John

 

[CdwJava]

Carl, is it possible for someone in a Sheriff's office to overhear, read or be told about a call for a response from the public and for that officer/clerk to give a warning call to a fellow police officer in the service area?

Is it possible? Sure.

I don't want to believe that could happen but last evening I called the Sheriff's because the neighbor/cop parked his 4x4 super-cab extended length high rise monster truck over the sidewalk (whereas the CVC reads "no portion" may be parked over). Before the Sheriff Deputy could respond, the neighbor ran out and pulled his monster truck out of the driveway and parked it in the street then ran back into his house.

He might also have a scanner. This happens in my county frequently. We're trying to muster the funds to scramble our frequencies, but as it is, most the bad guys know we're coming at the same time we do. For serious crimes we have to resort to cell phones.

Your neighbor may have a scanner at home. I often have my portable radio in the charger and turned on so I would be able to hear a call go out on my street, too.

So, is it possible someone called him? Sure. Is it just as possible he or a friend heard it come over the scanner? Yep.

- Carl