"Signs Posted at Entrance to City"

[MNKeeper]

I got a parking ticket in Claremont, CA and contested it because there were no signs anywhere saying that I could not park there. Well apparently the restriction is that a person cannot park there for more than an hour between 2-6am.

I contested the ticket because there were no signs saying this but they said I still need to pay the ticket because there are "Signs posted at the entrance to the city." I'm a college student who does not permanently live in Claremont so I had no idea of these supposed signs. Should I appeal the ticket again? Thanks!

 

[Zigner]

I got a parking ticket in Claremont, CA and contested it because there were no signs anywhere saying that I could not park there. Well apparently the restriction is that a person cannot park there for more than an hour between 2-6am.

I contested the ticket because there were no signs saying this but they said I still need to pay the ticket because there are "Signs posted at the entrance to the city." I'm a college student who does not permanently live in Claremont so I had no idea of these supposed signs. Should I appeal the ticket again? Thanks!

Are you saying that you never entered the city?

 

[MNKeeper]

I never noticed any signs at the entrance to the city...

 

[racer72]

You can't appeal the citation just because you did not like the ruling. Ever here the phrase "ignorance is no excuse"? That applies to your case.

 

[CdwJava]

I would say that inadequate signage might be a reasonable defense to this citation. It is not a common law that parking within a city or part of a city is for one hour only. If I were to go into Claremont, I would not expect such a regulation unless locally signed. Does this mean that no residents can park on the street there?

What code section have you been cited for?

If all local appeals have been exhausted, you have the option of paying for a court appearance (not sure how much that is in your neck of the woods, but will be at least $25 and may be refundable if you prevail).

 

[MNKeeper]

The code is 10.32.210
"1-hour parking between 2am-6am"

And yes, apparently residents are not allowed to park on City streets for more than one hour between 2-6am.

 

[HighwayMan]

I never noticed any signs at the entrance to the city...

"THE entrance"? Is there only one?

Never noticing is common. People also don't notice things like speed limit signs, stop signs, etc.

What you need to do is check a few "entrances to the city" and carefully look for signage. If you find at least one with no signs that might be a good way to fight this.

 

[CdwJava]

The code is 10.32.210
"1-hour parking between 2am-6am"

And yes, apparently residents are not allowed to park on City streets for more than one hour between 2-6am.

14.14 square miles, and more than 37,000 people and you cannot park on the street overnight? Now THAT is unusual enough that I would throw a fit if there were no signs anywhere.

I would suggest you get pictures of the signage through whatever entry you entered town on to show whether it is reasonable and legible at all. Get pictures of where you were parked as well to show there were no signs in the area.

Here is their site that discusses parking overnight:

City of Claremont -- Overnight Parking

Personally, I believe that such a citywide ordinance without local signage is outrageous and unreasonable, and I suspect that in the long run a court would agree with you. Unfortunately, it might be cheaper for you to just pay the fine rather than fight the whole thing.

 

[Zigner]

Residents can get permits...

 

[CdwJava]

Residents can get permits...

Actually, they can get a temporary exemption - up to three per month per household. Apparently even residents are subject to these provisions.

 

[patstew]

What you need to do is check a few "entrances to the city" and carefully look for signage. If you find at least one with no signs that might be a good way to fight this.

Or, more simply, call the issuing authority and ask where the signs are. My city has a *very* similar ordinance, and we have a list of where those signs are.

A few years ago someone took an overnight parking ticket all the way to the state Supreme Court, saying there wasn't sufficient signage, and the court upheld the city ordinance. They said that if you live in, work in, or frequent the city, you need to know what the rules are.

 

[The Dude]

A few years ago someone took an overnight parking ticket all the way to the state Supreme Court, saying there wasn't sufficient signage, and the court upheld the city ordinance. They said that if you live in, work in, or frequent the city, you need to know what the rules are.

I don't doubt the ruling, but does that also apply to visitors? If the signage is poorly done and visitors aren't held to the same standard as those who frequent the city, then there is a double standard.

 

[MNKeeper]

I got a map of where these signs are and went and found them. I had never noticed them before...

They say that I can just write a letter in and explain it (I can't appear in court because I'll be home for winter break by that point). I'm basically just going to say that I'm a college student who doesn't actually reside in the city and normally park on this street next to the college where it's legal to park.

Also, my friend who doesn't have a car on campus (and obviously rarely drives here) was the one who parked the car around the corner in the illegal spot... do you think it's worth mentioning that in my letter or doesn't that matter at all?

 

[CdwJava]

Also, my friend who doesn't have a car on campus (and obviously rarely drives here) was the one who parked the car around the corner in the illegal spot... do you think it's worth mentioning that in my letter or doesn't that matter at all?

Not relevant to the parking authority. But, you can always seek to have your friend pay you back for your fine should they side against you.