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I received a parking ticket due to parking my 21 foot RV on

the street. There are no...
I received a parking ticket due to parking my 21 foot RV on the street. There are no restriction on weight or height. The Disabled Parking Placard was hanging from my rear view mirror. The city does not like RV's but nothing is posted anywhere prohibiting them.
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Answered in 1 minute by:
10/1/2012
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
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Welcome and thank you for your question!

I am sorry to learn of the circumstances you've described. Please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?
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Customer reply replied 5 years ago

Can they under ADA and the Ca. V.C. legally issue a parking ticket to me?

Were you parked in a residential area where the community adopted an ordinance that bans on-street parking of RVs?
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Customer reply replied 5 years ago

It's not published anywhere I know of and in addition there was a larger RV parked near where I did that to my knowlege was never ticketed.

What is the name of the community where the ticket was issued?
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Customer reply replied 5 years ago


West Hollywood, Ca.

Thank you. What ordinance number is XXXXX on your ticket?
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Customer reply replied 5 years ago

10.07.110

Thank you.

This is the ordinance you have been cited for violating:

10.07.110 Vehicle Exceeds Load Size Limit.

(a) No person shall park or leave standing upon any portion of a city street or highway within a residential zone, as shown on the official zoning map of the city as may be amended from time to time, any vehicle having either of the following:

(i) A manufacturer’s rated load capacity greater than three-quarters (3/4) of a ton; or

(ii) A length in excess of twenty-four feet.

(b) The following vehicles are hereby exempt from the provisions of this section:

(i) Any vehicle properly displaying a large vehicle permit. Large vehicle permits shall be issued to residents for their use and the use of their guests. Notwithstanding the above, large vehicle permits shall not be used under any circumstances on any of the following vehicles: tour buses, movie, television or photographic production vehicles, limousines, or mobile billboards in accordance with Chapter 19.80 of this code. No more than five one-day large vehicle permits may be issued to each residential unit within a three-month period;

(ii) Any authorized emergency vehicle, any authorized highway work vehicle or any vehicle used in the construction, installation, or repair of a utility or a public utility in accordance with Sections 22512 and 35704 of the California Vehicle Code;

(iii) Any vehicle engaged in loading or unloading;

(iv) Any vehicle making pickups or deliveries of goods, wares and merchandise; and

(v) Any vehicle picking up or delivering materials used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure for which an encroachment permit or a building permit has been obtained.

(c) Pursuant to Section 40200 et seq., of the California Vehicle Code, any violation of this section shall be punishable as a civil penalty in accordance with the provisions of Chapter 10.12 of the West Hollywood Municipal Code. Any vehicle parked or left standing in violation of this section may be removed in accordance with the provisions of Section 22650 et seq. of the California Vehicle Code.

(d) Large vehicle parking permits shall be issued by the Director of Public Works who shall establish policies and procedures for the issuance of such permits. Such policies shall be consistent with the provisions of Sections 10.08.010 through 10.08.120 of the West Hollywood Municipal Code, to the greatest extent possible as determined by the Director.

(e) The fee for a large vehicle parking permit shall be established by resolution of the City Council.



It is lawful for tickets to be issued for violations of this ordinance. It does not implicate the ADA in any fashion because it's focused on vehicle size.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

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If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
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Customer reply replied 5 years ago

But doesn't both the ADA and the Ca. V.C. exempt me from the law?

No, not at all. You still have to comply with those laws. Having a handicap placard does not exempt you from the other laws.

~~J.B.
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Customer reply replied 5 years ago

But part of the Ca. V.C 22511.5 partially addresses the issue.

With all due respect, that state law does not apply. That law makes reference to height limits. You were cited for an ordinance that has length and weight restrictions. Big difference. It would be perfectly legal for you to park there -- just with a smaller vehicle. That's the issue.

I hope this information helps to clarify things!

~~ J.B.
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
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