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  1. #1
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    Default Red Curb Parking Violation, Curb Has No Official Seal

    My question involves a traffic citation from the state of: California, specifically in the Long Beach/LA area.

    I recently received a parking violation for being partially parked into a red section of a curb. It was at the end of the driveway on a public street from my parking complex. I know that in order for a red curb to be legal by the city, it would need Long Beach's white seal painted on to make it official. I was nowhere near blocking the driveway, and this seal was NOT present on the curb. Do I have a legal ground for contesting my ticket?

  2. #2
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    Where do you come up with the idea that a seal is required?
    Quote Quoting VC Sec. 22500.1.
    In addition to Section 22500, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device along the edge of any highway, at any curb, or in any location in a publicly or privately owned or operated off-street parking facility, designated as a fire lane by the fire department or fire district with jurisdiction over the area in which the place is located.

    The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".
    Quote Quoting Long Beach Municipal Code, Sec. 10.22.110 Fire lanes.
    No person shall park a vehicle in any fire lane designated by signs or markings or park or place any object, obstruction or vehicle in any establishment exitway, driveway, or alleyway between buildings that would hamper the ingress of fire equipment in case of fire in or about any church, assembly hall, lodge hall, school, hotel, apartment building, theater, motion picture theater, stadium, tent or other public assemblage. When a vehicle is parked in such designated fire lane or when, in the opinion of the Fire Chief, any driveway, gateway or alleyway between buildings is obstructed by objects, materials or vehicles, the same shall be immediately removed upon order of the Fire Chief, and when such obstruction is a vehicle, it may be impounded or removed as provided by law.

  3. #3
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    Any curb officially painted by the city has to have it, told this by citation office and city engineer whose job it is to paint the curbs. This was not a fire lane, nor was it in any way obstructing the use of the driveway. If my car was actually in the way, the light pole directly behind this red paint would be hit before my car would.

  4. #4
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    What was the specific code section you were cited for?

  5. #5
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    Quote Quoting CodyW
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    Any curb officially painted by the city has to have it, told this by citation office and city engineer whose job it is to paint the curbs.
    Unless a law, ordinance or regulation requires it, it doesn't matter what you were told.

    You said that the curb was red where you parked. It is thus beyond question that if the fire lane was properly with that red curb and the other required markings or signage, you were blocking it.

  6. #6
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    As a note, a red curb does not automatically make the lane a "fire lane" unless it is also appropriately marked as such by signs or writing. But, if the red lane is authorized by the city, then it can still be enforceable as permitted by the muni code.

    CodyW, unless there is a muni code that REQUIRES the city seal be included before such a red lane cna be enforceable by the police or parking authorities, then a common belief or practice is not enforceable and the red lane alone would generally be sufficient to permit enforcement of an appropriate parking violation.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    Quote Quoting cdwjava
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    As a note, a red curb does not automatically make the lane a "fire lane" unless it is also appropriately marked as such by signs or writing. But, if the red lane is authorized by the city, then it can still be enforceable as permitted by the muni code.

    CodyW, unless there is a muni code that REQUIRES the city seal be included before such a red lane cna be enforceable by the police or parking authorities, then a common belief or practice is not enforceable and the red lane alone would generally be sufficient to permit enforcement of an appropriate parking violation.
    So does this mean that anyone who paints a curb red without a permit counts as a legally ticketabe zone? I'm sure there is a code somewhere, otherwise some red curbs wouldn't have the seal and some do. They would either all have them or none would. If what you say is the case then it would seem that the city condones illegal painting of curbs to satisfy people's want to keep a spot in front of their home, as well as the immorality to ticket such people who park in those spots.

  8. #8
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    Quote Quoting CodyW
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    So does this mean that anyone who paints a curb red without a permit counts as a legally ticketabe zone?
    No ... hence the reason I wrote that the red lane must be "authorized" by the city (in the form of a resolution or other regulation).

    I'm sure there is a code somewhere, otherwise some red curbs wouldn't have the seal and some do.
    Well, unless you can prove that a seal is REQUIRED to be enforceable, you will have to pay the fine.

    They would either all have them or none would.
    The seal could have been an idea that has been put in place in the last few years for reasons other than providing for an enforceable red zone.

    If what you say is the case then it would seem that the city condones illegal painting of curbs to satisfy people's want to keep a spot in front of their home, as well as the immorality to ticket such people who park in those spots.
    Most people who paint their own curbs muck it up so it doesn't look that good. And most of the time it's pretty clear that an isolated portion of curb is painted red without any reason and thus questionable or bogus.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
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    Default Re: Red Curb Parking Violation, Curb Has No Official Seal

    It could be like other municipal stuff, the seal is there to indicate who painted the curb not for issues of authority but who has responsibility. If the water department broke up the curb and repainted it, it's likely to have their mark on it around here.

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