Ticket for Parking Along a Green Curb

[Xsavannah]

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

I received a ticket for parking along a green curb (in privet housing community) past the allowed time. However, there are no signs or writting on the curb telling you how long your allowed to park, simply just a green curb.
Does there have to be a sign or writting on the curb for them to actually enforce this?

[flyingron]

You got a ticket from whom? Where in California? Green curbs are typically limited time parking. The fact that there was a green curb should have clued you in that you needed to look for restrictions elsewhere.

[pg1067]

I received a ticket for parking along a green curb (in privet housing community) past the allowed time.

I assume you meant "private," not "privet." If that's right, please explain what you meant by "private housing community." Is this a street not accessible to the general public? Are you a resident of the community? A guest of a resident? In what county/city is the community located? Who issued the ticket?

[LegalWriter]

The time limit is set by local ordinance and is never more than 20 minutes.

[Jim Kozlovich]

In California, if you see a green painted curb, you will be able to park there for a limited amount of time. With green curbs, you should usually see a sign posted next to the zone that will let you know what the time limit is to park there. If you do not see a posted sign, the time will likely be painted in white letters on the green curb. California Vehicle Code § 21458(a) states in pertinent part:

"Whenever local authorities enact local parking regulations and indicate them by the use of paint upon curbs, the following colors only shall be used, and the colors indicate as follows:…
(4) Green indicates time limit parking specified by local ordinance". [emphasis added]

If there is no sign or painting on the curb specifying the time limit, there is no way to know what the time limit is for parking.

I would also like to see the answers pg1067 has but in the long run, it won't change the requirements of notification of the specific parking time limit.

[flyingron]

There are lots of things that are specified by local ordinance or the vehicle code that aren't posted, but you're still responsible to know. Maximum speed is an example. Still, what applies and what your recourse depends on the exact nature of the road and who issued the ticket.

[cdwjava]

If this was a private housing community, a green curb marking for limited term parking or standing should not apply absent some special ordinance authorizing enforcement on private property or upon that particular property. I, too, am curious who issued this parking cite. The property management folks or security? Or, the police? If the police, what code section was cited on the ticket?

[zeljo]

There are lots of things that are specified by local ordinance or the vehicle code that aren't posted, but you're still responsible to know. Maximum speed is an example. Still, what applies and what your recourse depends on the exact nature of the road and who issued the ticket.

No, the defendant is not "responsible to know" each and every local ordinance. In this case, the local authority has to post a sign specifying the length of time parking is allowed, or write it on the curb.

[flyingron]

No, the defendant is not "responsible to know" each and every local ordinance. In this case, the local authority has to post a sign specifying the length of time parking is allowed, or write it on the curb.

VC 21458 only requires the green curb to be supported by local ordinance. Some municipalities state in their ordinances that the time limit must be posted, but that's not a universal requirement.

[Jim Kozlovich]

No, the defendant is not "responsible to know" each and every local ordinance. In this case, the local authority has to post a sign specifying the length of time parking is allowed, or write it on the curb.

You are absolutely correct.

CALIFORNIA CODE OF REGULATIONS - 2 CCR § 5025

"(b) Short time parking zones when designated by painted curbs shall be green and stenciled with the time limit allowed for parking. No person shall park any vehicle adjacent to a curb marked in green for any period in excess of the posted time limit."

Here are some examples of city/county ordinances regarding green curbs.

Long Beach Municipal Code § 10.26.010

"C. Green indicates parking limited to a time from ten (10) to thirty (30) minutes, as determined by the City Traffic Engineer for a particular location or locations, between 9:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays. A legend containing the applicable time limitation followed by the words "MIN. PARKING" SHALL be stenciled on the green, OR appropriate signs may be posted."

Monterey City Code, Chapter 20

"Green Zones: Short term parking, to be used for 12 or 24 minute parking only. These zones are clearly marked by a green curb and/or a sign. The time limit will be specified either on the curb or the sign."

Sacramento County Code § 10.24.010

"Green curb marking means no stopping, standing or parking for a period of time longer than twelve (12) or twenty-four (24) minutes, as designated by signs at any time between 7:00 a.m. and 6:00 p.m. of any day except holidays and Sundays."

The time limit is set by local ordinance and is never more than 20 minutes.

This is not true. See the local ordinances above.

There are lots of things that are specified by local ordinance or the vehicle code that aren't posted, but you're still responsible to know. Maximum speed is an example…

This may be true for some things but not when it comes to green curb time limits, they must be posted.