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Trying to get a clarification on a parking ticket. no sign…

Customer Question
Trying to get a...

Trying to get a clarification on a parking ticket. no sign posted at entrace based on the citation code and the sign that is posted (very far away) does not meet the CVC 22507.6 specs

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Anaheim, ca

Lawyer's Assistant: Has anything been filed or reported?

I filed an administrative appeal, citing the cvc and that the ticket failed to meet the 2 things mentioned in the cvc (entrance/sign specs), but they still said i'm liable. trying to determine if it's worth filing the civil appeal

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The parking violation references 14.32.500 AMC, but that looks like it just provides the reason there is no parking (street sweeping). nothing beyond that

Submitted: 7 months ago.Category: Legal
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Answered in 4 hours by:
11/27/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The Anaheim Code Section you were cited under prohibits street parking during posted street cleaning times. That statute only requires that signs be posted "in appropriate locations." The municipal court judge isn't looking at the CVC section, because that's not the code you were charged with violating it.

It's possible that you could file a lawsuit against the city, arguing that the Anaheim Municipal Code does not comply with state law. Municipalities are allowed to pass laws that are MORE protective of citizen rights than state law, not less. This statute arguably takes away the right to have signs posted at every intersection or to ensure that signs are big enough to be seen. That would be time consuming (and could get expensive).

Appealing the ticket might be a better option. At the lower level, the courts are tasked with following the law. They're not supposed to say that a law is invalid or incorrect, which means you usually have to appeal in order to get someone to say that the law needs to be fixed. There's no guarantee that an appeals court will agree with you, but it might be worth a shot.

Another option is to contact the local media. Some news stations do consumer protection segments. If this is a problem in your area, they might be willing to investigate and put some pressure on the city that way. That wouldn't cost you anything but the time required to talk to them, but it unfortunately won't relieve you of the ticket itself. You'd still have to pay it. Still, it could be worth pursuing if you don't win on appeal.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

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