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  1. #1
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    May 2015
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    Default Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

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

    Hello everyone. I have lived at my home for 30 years and had a car towed recently which as not parked in violation of posted signs. Neighbors have parked in this spot as have I for years. There was a party at the home of someone else and police were called because of parking on street. I was not home at time and was told police did knock on my door. The question is this. There is 13 feet from center of road to edge of road and no parking lane. Average car is six feet so this leaves seven or less feet for vehicles to pass. From just looking around I found a law that states impeding traffic is parking in such a way that you allow less than ten feet.
    My question is even if there are no posted signs can you be towed for impeding traffic or cited in these circumstances. As i note its a small suv and was parked as close to the curb as humanly possible. It was not a bozo parking job - though there may have been guests at the neighbors party who were parked further out. The vehicle was just parked there for two hours not for an extended period.
    I am concerned here is I am looking at losing parking. I don't want to risk towing fees and citation costs.(approx $500) I would much appreciate your input.
    In a nut shell seems this is the question -what are the issues with parking on two way street (double yellow in center) with no shoulder or parking lanes if there are no signs prohibiting parking. When does parking merit a impeding traffic citation?(I will be fighting it) ( sorry dont have the specific number of violation for which was towed but was told "impeding traffic" - I will add it asap)

  2. #2
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    Sep 2005
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    Under what code section did they tow the car? The paperwork should have indicated an "authority" for the impound. They could not have towed it if it was legally parked. If it was legally parked, I doubt that it would have been impeding through traffic.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  3. #3
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    cdwjava- Thanks for reply and the question- Car was seized/towed under authority 22651cb vc. The notes say "vehicle parking caused northbound traffic to merge on opposite lane to pass vehicle also obstructed view of on coming traffic" The code itself
    ---------22650. It is unlawful for any peace officer or any unauthorized person to remove any unattended vehicle from a highway to a garage or
    to any other place, except as provided in this code. b) (b) When a vehicle is parked or left standing upon a highway in a
    position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway

    This is not a "no parking area" This has been a parking spot for the thirty years I have lived here. There is one driver who drives up the road as a time when the afternoon sun does make visibility difficult that has ( I have learned from a discussion with neighbors) called on numerous occasions to complain.
    The car itself was parked as far from center of road as is possible given that there is a steep slope on right shoulder. I re measured and it seems there is about 7' 6" between side of car and center of double line.

  4. #4
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    Quote Quoting Jimincal
    View Post
    cdwjava- Thanks for reply and the question- Car was seized/towed under authority 22651cb vc. The notes say "vehicle parking caused northbound traffic to merge on opposite lane to pass vehicle also obstructed view of on coming traffic"
    I suspect that's VC 22651(b) ...

    22651. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:

    (b) When a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.

    This is not a "no parking area" This has been a parking spot for the thirty years I have lived here. There is one driver who drives up the road as a time when the afternoon sun does make visibility difficult that has ( I have learned from a discussion with neighbors) called on numerous occasions to complain.
    The car itself was parked as far from center of road as is possible given that there is a steep slope on right shoulder. I re measured and it seems there is about 7' 6" between side of car and center of double line.
    7'6" is not enough for a fire truck, and unless there are no cars parked on the other side of the road, a fire truck would have a very difficult time squeezing between two parked cars on such a narrow roadway. However, if the area is so constricted the city should have signed the zone for no parking or painted the curbs to indicate the same.

    Were your right wheels more than 18" from the curb? Was any part of the vehicle jutting out into the roadway? What kind of vehicle are we talking about?

    You have ten days from the time of the impound to schedule a post storage hearing with the impounding agency to discuss the legality of the tow. They have 48 hours (two business days) in which to schedule it.
    **********
    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

  5. #5
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    Thank you for your reply - I remeasured and took photos- it is actually 8 feet from black road center to edge of mirrors. It is residential area and there is a berm with home owner installed asphalt curb. The car is an Izuzu amigo. It was about a foot into the dirt off the road. Signs do allow parking on both sides of street, though ,in practice, people park only on one side of the road(the side on which I was parked) Re: things sticking into the roadway - other than the rear view mirror there was no other thing jutting outward. There are no marked curbs for many blocks along this section of road so no painted city curbs. Parking is controlled by no parking signs with arrows which indicate the direction from the sign which is NO PARKING>. These arrows do not indicate the area in which I park as "no parking"
    If this is not a" no parking " zone - does the motorist,when parking, have to themselves determine if a fire truck could get by?
    I agree it perhaps should a posted "no parking zone but this is not presently the case. Even perhaps a warning with a tow in 24 hours would have allowed it to be moved without incurring $500 in combined towing, ticket fees. Do you see a way to dispute the ticket? What measurement to center of roadway is considered passable ( though I realize it likely is a combination of factors - curves , visibility, general terrain so may not be a simple measurement) Thanks again for response. I have a hearing on the ticket in a week- I assume that is the same as the hearing to discuss the legality of the tow - or not? Is there a case where the ticket gets dismissed but you are still left with the tow bill?

  6. #6
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    I did not see an answer to my question as to whether your right tires were more than 18" from the curb. Lacking a physical curb, was either tire more than 18" from the edge of the pavement?

    There is no specific measurement across the roadway that will guarantee you a dismissal of the tow of a parking cite. What is the code section on the citation? THAT could tell me a lot about the reason for the tow. A general gauge is often given as 15' as that tends to be the safe roadway width for the largest fire engine to pass through.

    The only way to dispute the cite would be to show that you were otherwise legally parked and that the tow was unreasonable - even unlawful. As i cannot see the specific location, I cannot tell you whether the location is such that it is clearly an obstruction to park where you did or not. Typically, if you park more than 18" from the curb or the edge of the roadway, that can justify such an impound on narrow roads. And, no, the hearing on the ticket is NOT the same as the post-storage hearing. They are two different matters. It's possible that the same person will hear both (it is in my town), but, it is more likely that they are heard by different parties as they address different matters. A parking cite is a separate matter from a post-storage hearing and are covered under different Vehicle Code sections.
    **********
    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: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    Thank you again- The vehicles right tires were at the far right edge of the roadway-there was no space at all to the right of the tires at all.
    The only paperwork I have is the Vehicle Seized/Towed form which list the authority under which it was towed -Vc 22651(b) Measuring from the left mirror there would be 21 feet to the opposite edge of the roadway. The entire roadway is 25'7" . When all was said and done after the scramble to get car out of tow yard, I did not end up with any physical ticket other than that form.(I will try to obtain it)Thank you for the heads up on the two hearings- I will confirm which I am scheduled for - I will update -

  8. #8
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    Went to court and the judge said the judgment of the officer that a view was obstructed and traffic was obstructed was enough for him. There were no photos or documentation provided by the police and the officer did not need to appear to contest the ticket in Santa Barbara. Photos I took with the car parked in the position from which it was towed were deemed not of merit because they were taken after the fact. The ticket and the authority to tow were upheld. It looks like I and neighbors along a 600 foot section of road that is not been designated" non parking "have lost the ability to park where we always have. This is a loss of property value as I no longer have guest parking.

  9. #9
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    Default Re: Ticket for Impeding Traffic After Parking on Two Way Street With No Shoulder

    Was this a PARKING ticket? Or, was it a moving violation for which you received a citation issued to you, personally?

    If it was a parking ticket, I'm not sure how you appeared before a judge unless you have appealed a couple of lost parking hearings.
    **********
    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

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