What is the name of your state (only U.S. law)? California
Hey guys, I'm sort of new here, but I hope you guys can help me out with this small problem.
I got a ticket and supposedly violated code 11.28.120 (B) which states
§ 11.28.120 MARKING AND DESIGNATING RESTRICTED PARKING STREETS.
(A) Authority to designate. The City Council shall by resolution designate those streets or portions of streets upon which parking shall be prohibited at all times or during certain hours or upon which parking shall be limited to one hour or two hours and the Chief of Police shall designate such streets or portions of streets by appropriate signs.
(B) Compliance. When authorized signs are in place giving notice of the prohibition or limitation, no person shall stop, stand or park any vehicle in violation of such a sign.
(C) Application. The provisions of this section shall not apply to Chapter 11.36.
So the sign I violated (a recently changed sign) indicated that I cannot park on that street between 12:30AM and 6AM for street sweeping. I got a ticket for $80 which is ridiculous.
However, (C) tells me that the provisions of 11.28.120 shall not apply to Chapter 11.36 which is a whole section dedicated to the necessity of parking permits if you want to park between 2AM to 6AM on ANY street.
The most relevant part of 11.36 is probably this
§ 11.36.016 PERMIT REQUIRED.
(A) Annual permit. Except for those streets set forth in division (B) hereof, an annual all-night parking permit may be issued as provided in this chapter, authorizing the parking of a vehicle between the hours of 2:00 a.m. and 6:00 a.m. on any street within the city; and any person may park a vehicle between these hours on any such street, provided such all-night parking permit has been issued and is attached to the vehicle.
I didn't park in any of the streets provided in division (B). And I do have the parking permit.
My question is, when provision (C) of the first law (the one I violated) says that all provisions of that section does not apply to 11.36, am I correct to interpret 11.36 as an exception to 11.28.120?
If not, what is a more accurate reading and interpretation? I am fairly certain that street sweeping in my city is not suppose to occur between 2AM and 6AM because of 11.36. The sign I violated was recently taped over with new day and time so I am hoping that it was a mistake that violated a municipal code.
The ticket was issued at 2:30AM which is within the time of the permit (2 to 6AM). So there is an obvious conflict between 11.28.120 and 11.36. I understand that 11.36 covers only 4 hours. Had the ticket been issued earlier, I would clearly be in violation. The fact that it was given at 2:30, I feel that I am not in violation, albeit with help of a technicality in the law.
$80 for a street sweeping ticket is ridiculous.
Thank you.
Hey guys, I'm sort of new here, but I hope you guys can help me out with this small problem.
I got a ticket and supposedly violated code 11.28.120 (B) which states
§ 11.28.120 MARKING AND DESIGNATING RESTRICTED PARKING STREETS.
(A) Authority to designate. The City Council shall by resolution designate those streets or portions of streets upon which parking shall be prohibited at all times or during certain hours or upon which parking shall be limited to one hour or two hours and the Chief of Police shall designate such streets or portions of streets by appropriate signs.
(B) Compliance. When authorized signs are in place giving notice of the prohibition or limitation, no person shall stop, stand or park any vehicle in violation of such a sign.
(C) Application. The provisions of this section shall not apply to Chapter 11.36.
So the sign I violated (a recently changed sign) indicated that I cannot park on that street between 12:30AM and 6AM for street sweeping. I got a ticket for $80 which is ridiculous.
However, (C) tells me that the provisions of 11.28.120 shall not apply to Chapter 11.36 which is a whole section dedicated to the necessity of parking permits if you want to park between 2AM to 6AM on ANY street.
The most relevant part of 11.36 is probably this
§ 11.36.016 PERMIT REQUIRED.
(A) Annual permit. Except for those streets set forth in division (B) hereof, an annual all-night parking permit may be issued as provided in this chapter, authorizing the parking of a vehicle between the hours of 2:00 a.m. and 6:00 a.m. on any street within the city; and any person may park a vehicle between these hours on any such street, provided such all-night parking permit has been issued and is attached to the vehicle.
I didn't park in any of the streets provided in division (B). And I do have the parking permit.
My question is, when provision (C) of the first law (the one I violated) says that all provisions of that section does not apply to 11.36, am I correct to interpret 11.36 as an exception to 11.28.120?
If not, what is a more accurate reading and interpretation? I am fairly certain that street sweeping in my city is not suppose to occur between 2AM and 6AM because of 11.36. The sign I violated was recently taped over with new day and time so I am hoping that it was a mistake that violated a municipal code.
The ticket was issued at 2:30AM which is within the time of the permit (2 to 6AM). So there is an obvious conflict between 11.28.120 and 11.36. I understand that 11.36 covers only 4 hours. Had the ticket been issued earlier, I would clearly be in violation. The fact that it was given at 2:30, I feel that I am not in violation, albeit with help of a technicality in the law.
$80 for a street sweeping ticket is ridiculous.
Thank you.
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