point emery parking tickets

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WindMuch
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Re: point emery parking tickets

Post by WindMuch » Mon Apr 23, 2012 9:23 am

recoprianto wrote:The cop told us if it is not a formal legal parking space, you will be ticketed. He then proceeded to prove it.
So, you're saying you actually received at ticket there yesterday (Sun, 4/22)? Sorry, that sucks.

I have a couple of contacts - one in Emeryville City Planning and another is a Berkeley Police officer (I know it's Emeryville, but he may be able to provide some help here).

I just sent them both the following email and diagram, hopefully to provide some clarification:

(begin paste)

I hope this finds you well. I'm writing to you in your capacity of an Emeryville city planner to see if you know someone who might know someone who might know someone… you get the idea.

I've been kite surfing down at the end of Ashby Ave - I think this area is called "Pt. Emery". The parking down there is extremely limited - only 12 legit spaces plus one handicapped spot.

When it's a busy, windy day, people often park across the street, along the frontage road (see diagram below).

Yesterday, an Emeryville police officer arrived and threatened to ticket all the vehicles parked in the overflow. In the past CHP and Emeryville PD officers haven't had a problem with parking there. There is no signage one way or another.
Pt_Emery_Parking.jpg
Pt_Emery_Parking.jpg (378.04KiB)Viewed 4560 times
So, I wonder if you might know anyone who knows what the 'real deal' is down there?

Thanks for pointing me in the right direction if you can...

(end paste)

I'll keep everyone posted if/when I hear back...

Kirk out

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Re: point emery parking tickets

Post by WindMuch » Mon Apr 23, 2012 9:46 am

Just received this reply from my contact (she's an Emeryville city planner):

"Good to hear from you! My first guess is that it isn't legal parking. There's no hard curb, it's on/near a highway entrance/exit, etc. Now, that land may very well belong to CalTrans, as part of the freeway Right of Way. I'm not sure if that means Emeryville Police can't ticket, but does make the situation more complicated. This is one of those things where, if I ask and the answer is no, some signs might go up clarifying the situation, whereas if I don't ask, you might be able to argue a ticket in court--if it's even worth it. Quite possible the cop was just having a bad day.

If you want, I can bring it to the Transportation Committee, which meets tomorrow morning, and ask for some clarification. They'd have to wait a month to take any action on it, so at least you'd get some warning before anything bad happened--but maybe they'll just say, sure, no problem, park there. If you prefer, I can ask the Police Chief "off the record" to get his official read on it, without necessarily causing any action to take place.

Let me know what you'd prefer. You're always welcome to come argue your case yourself, as well. Transportation Committee meets from 9-10:30 here at City Hall, 1333 Park Ave, Emeryville, 4th Tuesday each month (tomorrow)."


I suggested the "off the record" chat with the police chief option. I'll let you know what I hear back...

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Re: point emery parking tickets

Post by androka » Mon Apr 23, 2012 10:20 am

stick meet hornets nest

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Re: point emery parking tickets

Post by WindMuch » Mon Apr 23, 2012 10:42 am

androka wrote:stick meet hornets nest
That's certainly one perspective.

*My* perspective is that I'd rather spend a bit of time this morning when *I* have time to drink some tea and see if I can help clarify the parking situation down there, rather than fight a ticket in court on some day when it isn't so convenient.

I'd prefer to know the parking regulations for certain, and if my 'stirring the hornet's nest' this morning might either get signs posted to prevent others from getting ticketed or an agreement with the Emeryville PD to look the other way when cars are parked there on busy days, so be it.

But that's me, actually trying to help the general situation, rather than nay-say someone else's efforts on a forum...

(ahem)

Kirk out
Last edited by WindMuch on Mon Apr 23, 2012 11:28 am, edited 1 time in total.

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Re: point emery parking tickets

Post by nick_80044 » Mon Apr 23, 2012 12:05 pm

WindMuch wrote:I'd prefer to know the parking regulations for certain, and if my 'stirring the hornet's nest' this morning might either get signs posted to prevent others from getting ticketed or an agreement with the Emeryville PD to look the other way when cars are parked there on busy days, so be it.
Kirk, I agree. I'm not a big fan of "anecdotal authority"--I want to know that a sticky issue like this one is covered *in writing* somewhere--a statute, a sign--so that there's no question of what right and wrong is and it's not simply left up to whatever mood the authority on the scene happens to be in that day. As painful as it might be to lose the parking space, I think we need to know definitively whether that space is legal or not. Unless, of course, you don't care if you get ticket.

Thanks for working up the map and pursuing this--your efforts are and will continue to appreciated.

--Vinnie

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Re: point emery parking tickets

Post by WindMuch » Mon Apr 23, 2012 12:18 pm

nick_80044 wrote:
Kirk, I agree. I'm not a big fan of "anecdotal authority"--
Word.

I'll keep you all posted on what I hear. I may even head down to the Transportation Committee meeting tomorrow morning if I have a bit of time...

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Re: point emery parking tickets

Post by tomerp » Mon Apr 23, 2012 1:29 pm

androka wrote:stick meet hornets nest
At least from a psychological point of view - I think the "hornets" will actually appreciate the kiting community being proactive about seeking clarification. I think if they just saw us parking there with no permission, they would be more inclined to ban it. Just my opinion FWIW.
Last edited by tomerp on Mon Apr 23, 2012 1:32 pm, edited 1 time in total.

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Re: point emery parking tickets

Post by nick_80044 » Mon Apr 23, 2012 1:31 pm

WindMuch wrote:I'll keep you all posted on what I hear. I may even head down to the Transportation Committee meeting tomorrow morning if I have a bit of time...
Your city planner friend said we're "welcome to come down and argue [our] case."

If we could be assured, somehow, that we would have the chance to argue our case, I'd be willing to attend the meeting and submit an argument.

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Re: point emery parking tickets

Post by WindMuch » Mon Apr 23, 2012 1:38 pm

nick_80044 wrote:If we could be assured, somehow, that we would have the chance to argue our case, I'd be willing to attend the meeting and submit an argument.
I'm not sure how the meetings work, but I'm planning to head down tomorrow morning. Meet you out front at 8:45am? I'll PM you my mobile...

Kirk out

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Re: point emery parking tickets

Post by nick_80044 » Mon Apr 23, 2012 2:14 pm

WindMuch wrote:
nick_80044 wrote:If we could be assured, somehow, that we would have the chance to argue our case, I'd be willing to attend the meeting and submit an argument.
I'm not sure how the meetings work, but I'm planning to head down tomorrow morning. Meet you out front at 8:45am? I'll PM you my mobile...

Kirk out
I know it's short notice, but is there any way to contact your friend and have her put us on the agenda, so to speak?

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