Brendan Bush
Address
Santa Rosa, CA 95401
City of Santa Rosa
Department of Transit and Parking
P.O. Box 1678
Santa Rosa, CA 95402-1678
December 12, 2004
To whom it may concern,
I, Brendan Bush, hereby request an administrative review of parking citation SR-9322596 issued to me by Officer Price on 12/3/2004. The citation was issued under C.V.C. 22500, Section F which states: 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, in any of the following places:
(F) - On any portion of a sidewalk, or with the body of the vehicle extending over any portion of a sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5. Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend from the body of the vehicle over the sidewalk to a distance of not more than 10 inches. (http://www.dmv.ca.gov/pubs/vctop/d11/vc22500.htm)
For reference, the Department of Motor Vehicles approved definition of "Sidewalk" is "that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel." (http://www.dmv.ca.gov/pubs/vctop/d01/vc555.htm).
With the following text, enclosed pictures, and diagrams, I will demonstrate that the location in which the vehicle was parked in does not meet the definition of sidewalk as provided by the Department of Motor Vehicles. Furthermore, it is my belief that the location in which the vehicle was parked is actually private property and therefore not subject to the same parking laws as that of public property.
I would like to start by referencing figure 1. This figure is a top down diagram of the area in question with key locations marked. Please note the locations of all columns in conjunction with the location of the vehicle. Furthermore, please note that said columns connect with and are part of private property, 19 Old Courthouse Square, as shown in the picture labeled figure 2. This places my vehicle, while still outdoors, within the perimeter of the building structure. Please see figures 3 and 4.
Referring back to figure 1, please note that the location in question is partially enclosed and does not directly border a road or "highway" on any side. To the north and west are brick walls, to the south you will find the aforementioned columns, a planter box, and then a paved walkway fitting the Department of Motor Vehicles definition of "Sidewalk". There is also a paved walkway directly to the east, although this also does not meet the requirements for a sidewalk as it is not part of a road, but rather boarders an area of planned vegetation.
Moving on, as this area is partially enclosed on three sides with no straight through access, it is fair to assume that it was never intended to be used for public pedestrian travel. The interpretation of C.V.C. 22500(f) as publicly stated by several counties throughout California including, but not limited to, San Francisco and Marin is that "[parking on the sidewalk] creates a public safety hazard, forcing pedestrians–including those with strollers and wheelchairs–into traffic lanes." Please see figure 5 for a view of the surrounding area, noting that there are no roadways within over 30 feet in any direction.
In conclusion, C.V.C. 22500(f) was clearly never intended to apply to a circumstance like this, and furthermore, both the law and the very definition of sidewalk are stated in such a way as to specifically exclude such a circumstance. As the location in question is not part of a highway, it clearly can not be called a sidewalk. Furthermore, none of the inherent harms that C.V.C 22500(f) was created for are present in this area. Therefore, in the interest of justice, I request that this citation be dropped.
Sincerely,
Mr. Brendan Bush