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  1. #1

    Default Ticketed For Parking During Street Sweeping Hours, But No Sign Posted Nearby

    My question involves a traffic citation from the state of: CA,
    City: Alhambra.

    I received a $53 ticket for violation of sign (time) for street sweeping, code: 11.28.120 .

    I have filed an appeal with City which was the first step. The appeal was denied. My reason for dismissing the ticket was because there was NO sign posted. I even took a lot of pictures. I was apologetic in my appeal. I stated I would never park in the way of a street sweeper, however there was no sign whatsoever within 100 feet around me.

    http://tinyurl.com/alhambra1

    Is there any law that states the sign has to be within a certain distance for it to be effective?

    Right now, my option is to request an administrative hearing within 21 days. It could by hearing by mail or hearing in person.

    Thanks,

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: There is No Sign- Street Sweeper

    You posted 24 photos of where the sign ISN'T but no photos of where the sign IS.

    Is it anywhere on that street between the two corners?

    My guess is that it doesn't necessarily have to be within 100' of where you happen to park.

  3. #3
    Join Date
    Sep 2013
    Posts
    833

    Default Re: There is No Sign- Street Sweeper

    V C Section 22507.6 Local Regulations Street Sweeping Commercial Vehicles

    Local Regulations: Street Sweeping; Commercial Vehicles

    22507.6. Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping. No ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. As used in this section, "entrance" means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.



    Amended Ch. 466, Stats. 1982. Effective January 1, 1983.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: There is No Sign- Street Sweeper

    Quote Quoting Welfarelvr
    View Post
    As used in this section, "entrance" means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.
    That's what I thought.

    And I think I see a signpost in photo number 8 at the corner near the two green trash cans and I'll bet there's one on the other side of the street down at the other corner.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: There is No Sign- Street Sweeper

    from what I can find, the code cited would not be the correct ordinance:


    § 11.28.120 MARKING AND DESIGNATING RESTRICTED PARKING STREETS.

    (A) Authority to designate. The City Council shall by resolution designate those streets or portions of streets upon which parking shall be prohibited at all times or during certain hours or upon which parking shall be limited to one hour or two hours and the Chief of Police shall designate such streets or portions of streets by appropriate signs.

    (B) Compliance. When authorized signs are in place giving notice of the prohibition or limitation, no person shall stop, stand or park any vehicle in violation of such a sign.

    (C) Application. The provisions of this section shall not apply to Chapter 11.36.
    I cannot find anything pertaining to a temp parking ban for the purposes of sweeping. Anybody else find it?

  6. #6
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Ticketed For Parking During Street Sweeping Hours, But No Sign Posted Nearby

    This link indicates if conditions are similar and statutes have not changed 11.36 might be a defense.

    http://acurazine.com/forums/showthread.php?p=11577460

  7. #7

    Default Re: Ticketed For Parking During Street Sweeping Hours, But No Sign Posted Nearby

    Sorry for late reply. I have posted the pictures of the sign. It's in the same link. The sign is at the entrance, 0.2 miles or 1000 feet away from where I parked. The whole street is about 0.25 miles long. As you can see on google map: http://goo.gl/maps/cYq8j

    The sign says No Parking This side Monday Noon-3PM SEC 22507.6 CVC.

    My contention is there should be multiple signs along the 0.2 miles long street otherwise people wouldn't know about the rules. I also saw other cars ticketed too.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ticketed For Parking During Street Sweeping Hours, But No Sign Posted Nearby

    what am I missing? I don't see a sign in the link. If I go to the intersection and turn around I see a sign that for some strange reason is blurred. If I go the other end of the road to the intersection and turn around, I see a similar sign. If those are the parking restrictions, you're toast. They are posted where you enter the block. No excuse for not complying with them due to that.

  9. #9

    Default Re: Ticketed For Parking During Street Sweeping Hours, But No Sign Posted Nearby

    It's the last 2 photos in this link http://tinyurl.com/alhambra1. They are posted at the beginning of the long 0.25 mile block.

  10. #10
    Join Date
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    Default Re: Ticketed For Parking During Street Sweeping Hours, But No Sign Posted Nearby

    Quote Quoting diamente
    View Post
    They are posted at the beginning of the long 0.25 mile block.
    there is your answer right there. Since you cannot enter the block without driving right passed the signs, there is no valid argument you were not given notice. No need to post multiple signs when posted in the manner they have.

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