A local ordinance limits parking times on city streets. On those streets where posted signs limit the parking times, the Vehicle Code permits disabled persons displaying a placard to park an unlimited time. On streets where no such signs are posted, may disabled persons park an unlimited time? We conclude they may not because no statute permits such unlimited parking.
Thomas O. Spicer appeals a judgment entered following a court trial. We affirm.
The City of Camarillo (City) has a long-standing ordinance, Camarillo Municipal Code section 11.12.010, prohibiting vehicles from street parking for more than 72 consecutive hours.
Spicer is disabled and has a disabled placard, issued by the Department of Motor Vehicles, displayed on his vehicles. On October 13, 2007, he parked his van and pickup truck on Aviador Street in Camarillo. That day, a Ventura deputy sheriff placed a courtesy notice on the windshields of Spicer's vehicles stating that Municipal Code section 11.12.010 prohibited parking of
Aviador Street does not have street signs posting parking hours. Spicer wrote the city attorney and asserted that section 22511.5, subdivision (a)(1)(B) permits unrestricted parking for disabled persons displaying a disabled placard. Spicer demanded recompense for the towing and storage fees for his vehicles. When the City responded that section 22511.5 was inapplicable, Spicer brought this civil action for declaratory and injunctive relief and violation of his civil rights pursuant to Civil Code section 52.1.
On July 21, 2010, the parties agreed to a court trial. They also stipulated to the facts and neither party presented evidence. Following oral argument, the trial court took the matter under submission. On July 30, 2010, the court issued its decision in favor of the City.
The trial court decided that section 22511.5 is clear that a disabled person displaying the appropriate placard in his vehicle may enjoy unrestricted street parking only where a posted sign limits parking. The parties agreed that Aviador Street had no posted parking signs. The court rejected Spicer's contention that the notice left on his windshields was either a sign or its functional equivalent. Finally, the court determined that a 2007 decision by a Ventura County court commissioner stating that the City's interpretation of section 22511.5 is "irrational" and a violation of equal protection of the law, is not res judicata in this action.
Spicer appeals and contends that (1) section 22511.5 permits his unrestricted parking because his vehicles bear a disability placard; (2) the notice placed on his windshields by the deputy sheriff constitute "a sign erected pursuant to a local ordinance" within the meaning of section 22511.5, subdivision (a)(1)(B); (3) the prior decision of the court commissioner is res judicata in this proceeding; and (4) the trial court's interpretation of section 22511.5 denies him equal protection of the law.
Spicer claims that the courtesy notices placed on the windshields of his vehicles constitute a "sign erected pursuant to a local ordinance" within the meaning of section 22511.5, subdivision (a)(1)(B). We disagree. The notice is neither a "sign erected" nor a publicly displayed notice. Spicer has not met his burden of establishing that an erected sign on Aviador Street posted the 72-hour time limitation.
Spicer contends that a 2007 ruling by a Ventura County court commissioner agreeing with his interpretation of section 22511.5, subdivision (a)(1)(B) is res judicata in this proceeding.
Spicer argues that the interpretation of section 22511.5 given by the trial court discriminates against disabled persons and denies him the equal protection of the law. He asserts that there is no compelling state interest warranting infringement upon his fundamental right as a disabled person to park his motor vehicles on any street without restriction.
There is no violation of Spicer's statutory or constitutional rights. Absent a violation, there is no basis for a claim pursuant to the Civil Rights Act of Civil Code section 52.1. (Thompson v. County of Los Angeles (2006) 142 Cal.App.4th 154, 173 [47 Cal.Rptr.3d 702].)
Our resolution of this appeal does not consider evidence outside the appellate record. We also do not review pretrial proceedings from which no appeal was taken.
The judgment is affirmed. Each party is to bear his or its own costs on appeal.
Coffee, J., and Perren, J., concurred.
"A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any highway, street or alley for more than a period of seventy-two consecutive hours.
"B. This section shall be considered violated if:
"1. At the end of the seventy-two hour period the vehicle is parked or left standing in the same place as it was in the beginning of such period and physical markings or other facts which indicate that the vehicle has not been moved; or
"2. If at the end of the seventy-two hour period the vehicle has not been moved more than two-tenths of a mile. The determination of whether the vehicle has been moved more than two-tenths of a mile shall be based on physical markings, odometer readings or other facts."