Ticket for Parking Along a Green Curb

[flyingron]

You are absolutely correct.

No, he is not, in general.

None of the cites you give have any validity unless we find out that the poster was in one of the locations that those apply to. The first one (2 CCR 5025) only applies to the Museum of Science and Industry (in LA). The other three muni codes only apply to those cities/counties.

You're falling into the trap of the sovereign citizens. You can't just post some random piece of law without checking to see if it has applicability to the situation.

[zeljo]

You're falling into the trap of the sovereign citizens. You can't just post some random piece of law without checking to see if it has applicability to the situation.

It's not "random piece of law", it is also common sense. It's one thing to know the maximum speed limit in the state, something taught in all driving schools and quizzed on a test you have to pass in order to get the license. Not to mention it is nonetheless also posted on the highway. It's quite another to know whether the particular local authority has chosen 15, 20 or 30 minutes to be the "green curb" time. You're arguing for argument's sake. It's OK to shut up every once in a while.

[Mr. Knowitall]

There is a difference between what a municipality provides in its own ordinance, and what a statute requires. If the statute that authorizes a municipality to designated time-limited parking through curb color does not provide a notice requirement, then a failure to provide notice won't violate the statute. Absent another applicable statute, or language in the ordinance itself, the defense can appeal to issues of Due Process, but the failure to give notice beyond curb color would not violate either the silent statute or the silent ordinance.

It makes sense for municipalities to provide notice, both to avoid confusion and to avoid Due Process challenges of tickets, but unless and until we are told where the ticket was issued we are not going to be able to look at the ordinance.

[flyingron]

The state vehicle code doesn't require any posting, just that the parking limit be supported by ordinance. All we have are some local ordinances that require posting, but a town is free to just say that all green curbs are 15 minute zones in their ordinances without requiring any posting.

It's certainly NOT the case that all maximum speeds are redundant with postings. Lots of business/residence districts do not have any speed limit signs. What you are taught in driver ed has no bearing on what the law expects you to know. There are towns that have ordinances restricting overnight parking and the like and you won't find these rules posted on every street which they apply to either.