Question regarding parking in front of a "driveway curb cut" when there is no actual driveway

[jeffreyt2000]

In San Francisco, there is a shortage of parking in certain areas. In some of these areas you will find what I will call "driveway curb cuts" where there is no actual driveway. What I mean by this is that the curb cuts exists (dropping the curb to street level) as if the entrance to a driveway but there is no driveway. On the other side of the sidewalk from the cut in the curb is a permanent fence, side of a building, or other structure where a vehicle cannot enter. I am trying to determine if it is legal to park in these locations (I believe it is) and/or if you can reasonably fight a ticket for parking there.

My reasoning is:
1. per CA Streets And Highways code section 5870: "“Driveway” means a paved portion of a public street providing an unobstructed passage from the roadway to an offstreet area used for driving, servicing, parking, or otherwise accommodating motor vehicles."
2. What I am describing (the area between the "driveway cuts") does not provide passage to an offstreet area for accommodating vehicles because on teh other side of the sidewalk is a wall, fence, etc.
3. The sidewalk is a public access way and is NOT "an offstreet area for accommodating vehicles ..."
4. Therefore my contention is:
a. a driveway by the definition given does not exist since there is no area to which I am blocking passage
b. the curb cuts do not define a driveway, they are simply a planned or historical item for a potential driveway to exist at that location
c. thus parking at that location is not blocking driveway and a ticket should not be issued

So, am I missing something?

and yes, I recently received a ticket for parking in one of these areas. The owner of the building called the police to have me ticketed. Across the sidewalk from the curb cuts is the outline of what looks like a garage door, but in reality it is just a pretend garage door frame nailed to a solid wood wall. The polite officer apologized and said that the owner asked that I be towed, but since the owner would not "open the door" to prove I was blocking access they would not tow my car - but he had the right to have my car ticketed. The owner later lectured me that it is his property and he pays a lot of money for the property so he has the right to "protect my parking area". I asked what parking area and he said "the street in front of my driveway" pointing to the curb cuts as if they defined a driveway.

I am protesting the ticket based on the logic above. So I am wondering if I am missing something specific to SF and CA codes.

Thank you

 

[Taxing Matters]

I am protesting the ticket based on the logic above. So I am wondering if I am missing something specific to SF and CA codes.

What is the exact statute or ordinance you were cited for violating?

 

[jeffreyt2000]

What is the exact statute or ordinance you were cited for violating?

Violation Code: VC22500E
Description: Driveway
California Vehicle Code 22500 covers a number of areas regarding parking. 22500(E) specifically covers driveways and states:
22500: No person shall stop, park, or leave standing any vehicle ... in any of the following places:
(e)(1) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus, or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to an ordinance.
(2) In unincorporated territory, where the entrance of a private road or driveway is not delineated by an opening in a curb or by other curb construction, so much of the surface of the ground as is paved, surfaced, or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall constitute a driveway.

Clearly it is the first part that I was ticketed for and my argument is that the location of my vehicle was not blocking what the code defines as a driveway.

 

[adjusterjack]

How about posting a photo of the fake garage door or a link to the google map location so we can see it from the street view.

 

[jeffreyt2000]

How about posting a photo of the fake garage door or a link to the google map location so we can see it from the street view.

Hi adjusterjack, I'd rather not given that this is a public forum - and I feel a specific picture would focus the discussion on a specific example and not the more general questions raised.

In hindsight I should not have gone into that level of detail since it diverts from the main question at hand which is related to the CA definition of a driveway and my argument that the curb cuts do not define the existence of a driveway. my argument is that without an actual passage leading to area for vehicles there is no violation. The driveway is the defined passage and not the entrance to a passage at the curb (especially if the passage is not there).

So picture a clearer example such as the solid concrete wall or a solid fence on the other side of the sidewalk from the curb cuts. I think they would still issue the ticket and my opinion is that the ticket should not be issued.

In my case it will be up to me to provide facts that the wall is solid even if made to look like a door of some sort might be there.

But the end question still exists - am I missing something in my argument? Am I looking at it too simplistically?

 

[jeffreyt2000]

FYI, in New York City DoT Traffic Rules in Section 4-08 PARKING, STOPPING, STANDING section (f)(2) Driveways it states:
"The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.”
where §4-01(b)defines Driveway as - “Driveway” means every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.

I have been unable to find a similar exclusion in California or San Francisco traffic/parking codes and rules.

 

[Zigner]

FYI, in New York City DoT Traffic Rules in Section 4-08 PARKING, STOPPING, STANDING section (f)(2) Driveways it states:
"The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.”
where §4-01(b)defines Driveway as - “Driveway” means every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.

I have been unable to find a similar exclusion in California or San Francisco traffic/parking codes and rules.

Don't read other states' laws when looking for California law. You'll often end up on a wild goose chase.

When you contest your ticket, simply prove that you didn't block a garage.

 

[FlyingRon]

If you need confidentiality, you'll have to hire an attorney who legally can provide that. A driveway under the statute has to be usable (but not necessarily currently be in use) for vehicle traffic. A curb cut itself doesn't make a driveway, but if there's enough place behind it to get even a motor scooter you might be out of luck.

 

[adjusterjack]

Hi adjusterjack, I'd rather not given that this is a public forum - and I feel a specific picture would focus the discussion on a specific example and not the more general questions raised.

That's how legal defenses work. You focus on the specific example (where you parked) and prove that where you parked was not a driveway. The state's definition of driveway helps only if you can show that where you parked was not a driveway.

If you want opinions about your chances of acquittal from strangers on the internet, we're going to have to see where you parked. Otherwise, it's anybody's guess whether the judge will buy your story or not.

my opinion is that the ticket should not be issued.

Your opinion about the issuance is irrelevant. What counts is whether you did or didn't do what you are being charged with.

I have been unable to find a similar exclusion in California or San Francisco traffic/parking codes and rules.

You'll have to look for case decisions at the California appellate level. Google Scholar is a good resource for case decisions. Unfortunately, a search for "driveway" yielded over 8000 decisions where the word "driveway" appeared. You'll have to refine your search as best you can. I don't imagine that too many people spend the money that it takes to bring a parking ticket to the appellate level.

https://scholar.google.com/scholar?hl=en&as_sdt=4,5&q=driveway&btnG=

In my case it will be up to me to provide facts that the wall is solid even if made to look like a door of some sort might be there.

That's what's called "focusing on the specific."

 

[jeffreyt2000]

FYI, trying to upload a couple of pictures from one of the spots in our area that meet the description of the issue.
I thought my original description of what I am describing (the area between the "driveway cuts") was sufficient.
The location of the car is in front of an area that does not "provide passage to an off-street area for accommodating vehicles" (the CA definition of a driveway) because on the other side of the sidewalk is a wall, fence, etc.

 

[adjusterjack]

This forum doesn't have the feature where you upload photos from your computer. You'd have to use a hosting site and provide a link to the photo. Or, you can make it easy on yourself and provide the address of this alleged driveway and we can pull it up on google maps street view.

 

[jeffreyt2000]

Here are three examples of locations in question:

This first one is a clearly defined wall across the sidewalk from the parking location in question.
https://www.google.com/maps/@37.7821462,-122.4590011,3a,75y,267.61h,76.72t/data=!3m6!1e1!3m4!1smvP2Ks7FxjMmRoMYUNlk2Q!2e0!7i16384!8i8192
The area where the dumpster is located in the street view shot is where the curb cut begins and there is clearly a wall across the sidewalk from the cut location. Often cars park here and are occasionally ticketed.

This second example is a little less clear. The business at that location changed the function of the building via Change of Use permits. Those permits specified the modifications to the area behind the doors to one that would not support "an off-street area for accommodating vehicles" with the building of raised floors that do not support the weight of vehicles, installation of electrical wiring, etc.
https://www.google.com/maps/@37.7816222,-122.4510783,3a,15y,106.01h,83.14t/data=!3m6!1e1!3m4!1sD8RdLEYnlCS5JAVZmoAlIQ!2e0!7i16384!8i8192
Often cars parked here are ticketed.

This third one is where a friend of mine was ticketed last year. He was parked well left of the garage in no way even coming close to blocking access, but was still given a ticket for blocking the driveway:
https://www.google.com/maps/place/80+Thor+Ave,+San+Francisco,+CA+94131/@37.7349305,-122.434188,3a,75y,130.22h,71.06t/data=!3m6!1e1!3m4!1s4r_0a75_0zr1W7Ll7TjStg!2e0!7i16384!8i8192!4m5!3m4!1s0x808f7e64bb953453:0x33cba2a0ed980b12!8m2!3d37.7349022!4d-122.4343756

 

[adjusterjack]

Seriously?

You spent all that time giving us three locations that are NOT the location where you got the citation?

They are useless.

What is it about yours that you don't want us to see?

 

[quincy]

Here are three examples of locations in question:

This first one is a clearly defined wall across the sidewalk from the parking location in question.
https://www.google.com/maps/@37.7821462,-122.4590011,3a,75y,267.61h,76.72t/data=!3m6!1e1!3m4!1smvP2Ks7FxjMmRoMYUNlk2Q!2e0!7i16384!8i8192
The area where the dumpster is located in the street view shot is where the curb cut begins and there is clearly a wall across the sidewalk from the cut location. Often cars park here and are occasionally ticketed.

This second example is a little less clear. The business at that location changed the function of the building via Change of Use permits. Those permits specified the modifications to the area behind the doors to one that would not support "an off-street area for accommodating vehicles" with the building of raised floors that do not support the weight of vehicles, installation of electrical wiring, etc.
https://www.google.com/maps/@37.7816222,-122.4510783,3a,15y,106.01h,83.14t/data=!3m6!1e1!3m4!1sD8RdLEYnlCS5JAVZmoAlIQ!2e0!7i16384!8i8192
Often cars parked here are ticketed.

This third one is where a friend of mine was ticketed last year. He was parked well left of the garage in no way even coming close to blocking access, but was still given a ticket for blocking the driveway:
https://www.google.com/maps/place/80+Thor+Ave,+San+Francisco,+CA+94131/@37.7349305,-122.434188,3a,75y,130.22h,71.06t/data=!3m6!1e1!3m4!1s4r_0a75_0zr1W7Ll7TjStg!2e0!7i16384!8i8192!4m5!3m4!1s0x808f7e64bb953453:0x33cba2a0ed980b12!8m2!3d37.7349022!4d-122.4343756

Were there “No Parking” signs on the street?

Was the curb cut to accommodate what once was a garage entrance, with the garage converted to living or retail space?

The pictures are confusing.

 

[jeffreyt2000]

Seriously?

You spent all that time giving us three locations that are NOT the location where you got the citation?

They are useless.

What is it about yours that you don't want us to see?

Seriously, what is your problem? one of those locations is where I got the citation.