My question involves a traffic ticket from the state of: California
Hello experts,
Recently I was cited for parking an "oversize vehicle" overnight on a section of residential street in Daly City without a permit. The specific municipal code (10.32.150) is:
http://dalycity-ca.elaws.us/code/coo...2_sec10.32.150
I do not live in or near Daly City. We were spending a night with an acquaintance before continuing our trip the next morning. The vehicle was a full-size pickup truck towing a dual-axle car trailer (with a car on it) for a total length of 43 feet. When we parked that evening, I walked up and down the street for several blocks to ensure we were not violating any of the posted signs. There were street cleaning parking restrictions posted, none of which we were violating, but nothing regarding oversize or commercial vehicles anywhere on the street in question, nor on the adjoining street.
Reading through the municipal code, I did find this statute which covers signage:
http://dalycity-ca.elaws.us/code/coo...6_sec10.16.040
"No provision of the Vehicle Code of the state or of this title for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws."
However it mentions "for which signs are required" which seems to be flexible, as I couldn't find anything that states which signs are actually required.
Are there guidelines at the California state level which govern minimum signage requirements? We performed reasonable due diligence to ensure we weren't violating any laws, only to get cited for a very expensive ticket for a law that was not posted; very frustrating. Our Daly City resident friend wasn't aware of the rule, nor was his neighbor, who is a Daly City police officer. Partially posting the parking requirements (i.e. for street cleaning) leads one to believe that they are following the rules giving a false sense of compliance. This seems wrong to me.
In retrospect, reading the code regarding permitting leads me to believe we were not able to obtain a permit even if we did know the law, as it states you must be a resident or own a business within the city. Between this and no signage, it seems to be an impossible law to comply with if you are from out of town.
http://dalycity-ca.elaws.us/code/coo...2_sec10.32.155
Do you experts think I should attempt to contest the citation? Morally it seems like the right thing to do, as the laws are written it seems impossible to comply with, but would like some advice on any California laws that help support my stance.
Hello experts,
Recently I was cited for parking an "oversize vehicle" overnight on a section of residential street in Daly City without a permit. The specific municipal code (10.32.150) is:
http://dalycity-ca.elaws.us/code/coo...2_sec10.32.150
I do not live in or near Daly City. We were spending a night with an acquaintance before continuing our trip the next morning. The vehicle was a full-size pickup truck towing a dual-axle car trailer (with a car on it) for a total length of 43 feet. When we parked that evening, I walked up and down the street for several blocks to ensure we were not violating any of the posted signs. There were street cleaning parking restrictions posted, none of which we were violating, but nothing regarding oversize or commercial vehicles anywhere on the street in question, nor on the adjoining street.
Reading through the municipal code, I did find this statute which covers signage:
http://dalycity-ca.elaws.us/code/coo...6_sec10.16.040
"No provision of the Vehicle Code of the state or of this title for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws."
However it mentions "for which signs are required" which seems to be flexible, as I couldn't find anything that states which signs are actually required.
Are there guidelines at the California state level which govern minimum signage requirements? We performed reasonable due diligence to ensure we weren't violating any laws, only to get cited for a very expensive ticket for a law that was not posted; very frustrating. Our Daly City resident friend wasn't aware of the rule, nor was his neighbor, who is a Daly City police officer. Partially posting the parking requirements (i.e. for street cleaning) leads one to believe that they are following the rules giving a false sense of compliance. This seems wrong to me.
In retrospect, reading the code regarding permitting leads me to believe we were not able to obtain a permit even if we did know the law, as it states you must be a resident or own a business within the city. Between this and no signage, it seems to be an impossible law to comply with if you are from out of town.
http://dalycity-ca.elaws.us/code/coo...2_sec10.32.155
Do you experts think I should attempt to contest the citation? Morally it seems like the right thing to do, as the laws are written it seems impossible to comply with, but would like some advice on any California laws that help support my stance.
Parking Violations: Parking an Oversize Vehicle Without a Permit
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