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  1. #1
    Join Date
    Nov 2010
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    Default Overnight Parking, No Warning Signs

    My question involves a traffic citation from the state of: California

    I received a Parking Ticket in Menlo Park for parking overnight between 2am and 5am. When I parked, there were no warning signs posted. Simple question - are warning signs required to be posted and if so, what is the CVC that requires it ?

  2. #2
    Join Date
    Sep 2005
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    75,480

    Default Re: Overnight Parking, No Warning Signs

    The citation presumably is under this ordinance:
    Quote Quoting Menlo Park Muncipal Code, Sec. 11.24.050 Night parking prohibited.
    No person shall stop, stand or park a vehicle at any time between the hours of two a.m. and five a.m. upon those certain streets or portions thereof located within a residential zone or located within three hundred feet (300’) of a residential zone. Physicians engaged in professional calls, persons engaged in governmental duties or emergency activities are exempt from this provision. A "residential zone" includes all lands located within the following zoning districts of the city: RE, RES, R-1-S, R-1-U, R-2, R-3, R-3-A, R-3-C and R-L-U. (Ord. 697 § 1(A), 1984).
    Quote Quoting VC Sec. 22507.5. Local Parking Regulations.
    (a) Notwithstanding Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m., and may, by ordinance or resolution, prohibit or restrict the parking or standing, on any street, or portion thereof, in a residential district, of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. The ordinance or resolution relating to parking between the hours of 2 a.m. and 6 a.m. may provide for a system of permits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution disabled 1 persons, residents, and guests of residents of residential areas, including, but not limited to, high-density and multiple-family dwelling areas, lacking adequate offstreet parking facilities. The ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district, however, shall not be effective with respect to any commercial vehicle, or trailer component thereof, making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained.

    (b) Subdivision (a) of this section is applicable to vehicles specified in subdivision (a) of Section 31303, except that 2 an ordinance or resolution adopted pursuant to subdivision (a) of this section 3 shall not permit the parking of those vehicles which is otherwise prohibited under this code.

    (c) For the purpose of implementing this section, each local authority may, by ordinance, define the term "residential district" in accordance with its zoning ordinance. The ordinance 4 is not effective unless the legislative body of the local authority holds a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code.

  3. #3
    Join Date
    Nov 2010
    Posts
    20

    Default Re: Overnight Parking, No Warning Signs

    Hi - thanks for the update. Just need to know if there is something in the CVC that requires warning signs. I looked at the ordinance and there was nothing indicated about warning signs. I am trying to determine if it is worth a postage stamp to do a "Hearing by Written Declaration" or not. I basically got there to stay with a friend, parked on the street for three days and the next time I went to the car is to leave for Santa Cruz. No signs on the given street whatsoever concerning overnight parking. The whole time there, we got around by Cal-Train and Santa Clara Valley.

    A comment for other people's benefit, I had a rental car so I couldn't blow off the parking ticket due to the rental car company going after your credit card for the ticket and the add-on administrative charges. My personal vehicle, would have been different but now, most towns now are going after out-of-state vehicle owners through collection agency and putting a black mark on your credit.

  4. #4
    Join Date
    Sep 2005
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    California
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    15,216

    Default Re: Overnight Parking, No Warning Signs

    Local jurisdictions go after vehicles the same way whether out of state or not. Some cities put a lien on the ticketed vehicle so that the fees are paid when the registration is renewed, and others are sought through collections.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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