Berkeley CSUA MOTD:Entry 30773
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2025/05/27 [General] UID:1000 Activity:popular
5/27    

2004/6/12-14 [Transportation/Car] UID:30773 Activity:very high
6/12    Can anyone tell me - or better yet point me to refs online - whether
        the city of berkeley has the authority to alter the meanings of painted
        parking zones.  It seems to me obvious that if the state says that the
        yellow zone means one thing, then berkeley can't add restrictions, but
        a source of authority would be nice.
        \_ http://www.dmv.ca.gov/pubs/vctop/d11/vc22507.htm
           CVC 22507 covers the right of localities to enact parking
           regulations.
           http://www.dmv.ca.gov/pubs/vctop/d11/vc21458.htm
           CVC 21458 defines the meanings of the various colors, but
           gives local authorities the right to define the times.
           Hmm, you might have something here. IANAL.
        \- this is a total guess, but i suspect in some areas like handicapped
           stuff, there would be minimums they could not go below, but i would
           think in some other areas they would have wider latitide, perhaps
           subject to notification. however, trying to arguing anything
           subtle with the berkeley parking functionaries is hopeless and
           you probably have no chance of speaking to somebody intelligent
           with discretion, since the "due process" [sic] is stacked against
           you here for minor matters ... bit on the ass by "de minimis non
           curat lex" as it were. berkeley has ignored state law on a number
           of things like the concrete traffic diverters. i think loading
           zone would reasonably be something with some municipal latitude.
           however if the the local rules are not posted that may be a reason-
           able defense [in theory] --psb
        \_ what additional restrictions did they add?  were those restrictions
           posted or made available to you as a member of the general public?
           if there was a sign nearby you're screwed.  if not, throw yourself
           on a judge's mercy and see how it goes.
           \- part of my point above is "you will never get to see a judge".
              if you write up a "mere" letter, it will be turned down without
              explanation. if you want to go to a second round, you will
              probably have to pay the ticket anyway, take off another day
              of your life etc. the only way you can reasonably argue a
              "de minimis" case in berkeley is if it fits into one of the
              well definied exceptions like "broken parking meter". if anything
              if you start arguing with some Xeroxing and Stapling Elf about
              "why guido calabrese would say i am right" you start feeling
              like you are the stupid one.
              \_ It's probably not worth any of this to fight a $28 ticket, but
                 seeing a judge shouldn't be a problem.  Why would this require
                 two days off work?
           \_ They claim that commercial tags/permits are/is required to use
              the yellow zone for loading/unloading.
              \- hmm, you can certainly ask them "what code am i violating"
                 at which point it should be easy to look up. i suppose
                 there is another argument about not enforcing a law
                 consistency. btw, i have seen some loading zones with
                 signs that say things like "only applies to vehicles with
                 at least 3 axels". i dont think you will be able to show
                 inconsistent enforcement. i think you also will not get
                 enough of a day in court to make the argument: "i was con-
                 forming to any reasonable notion of (un)loading ... the
                 state has an obligation to be explicit about any requirements
                 beyond the common sense." of course "ratio legis est anima
                 legis" doesnt apply to berkeley. i hope you fight this
                 and lets us know how it goes. --psb
                 \_ I hope he fights this with enough ammo and body armor to
                    make a good showing at city hall before he goes down.
              \_ They are right. Yellow zones are for loading/unloading only,
                 with drivers in non-commercial tagged cars are usually
                 required to stay with the vehicle. There are yellow zones are
                 also specifically marked "commercial vehicles only." No tag,
                 you lose. If you have a commercial license, you can probably
                 get it dismissed.
2025/05/27 [General] UID:1000 Activity:popular
5/27    

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www.dmv.ca.gov/pubs/vctop/d11/vc22507.htm
Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. With the exception of alleys, the ordinance or resolution shall not apply until signs or markings giving adequate notice thereof have been placed. A local ordinance or resolution adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of a preferential parking program. An ordinance or resolution adopted under this section may also authorize preferential parking permits for members of organizations, professions, or other designated groups, including, but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area.
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www.dmv.ca.gov/pubs/vctop/d11/vc21458.htm
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: Red indicates no stopping, standing, or parking, whether the vehicle is attended or unattended, except that a bus may stop in a red zone marked or signposted as a bus loading zone. Yellow indicates stopping only for the purpose of loading or unloading passengers or freight for the time as may be specified by local ordinance. White indicates stopping for either of the following purposes: Loading or unloading of passengers for the time as may be specified by local ordinance. Green indicates time limit parking specified by local ordinance. Blue indicates parking limited exclusively to the vehicles of disabled persons and disabled veterans. Regulations adopted pursuant to subdivision shall be effective on days and during hours or times as prescribed by local ordinances.