People v. Cowles

WAGLER, P. J.

Defendant appeals from his conviction of a violation of section 123 of the Oakland Traffic Code, which reads as follows:

“It shall be unlawful for any person to park or leave standing any vehicle in any parking meter zone on any street, at any time during which the parking meter shows, indicates, registers or displays that the parking space is illegally in use, except during the time necessary to deposit United States coins in said parking meter so as to show, indicate, register, display or permit legal parking, and excepting also during the time from 6:00 p. m. to 8:00 a. m., and excepting also on holidays as designated in Section 128 of this Code when indicated by appropriate signs located on the parking meter. ’ ’

Appellant does not question the sufficiency of the evidence. He contends, however, that the municipal court in which he was tried is a court of record; that as such, it does not take judicial notice of ordinances and his conviction must therefore be reversed, since no attempt was made on the part of the prosecution to prove either the contents or enactment of section 123.

That the municipal court in question is a court of record, there can be no doubt. It was declared to be such by constitutional amendment enacted in 1924. See California Constitution, article VI, section 12. That numerous cases categorically state that courts of record do not take judicial notice of ordinances, also cannot be doubted. See

Grant

v.

California Bench Co.,

76 Cal.App.2d 706 [173 P.2d 817];

City of Tulare

v.

Hevren,

126 Cal. 226 [58 P. 530] ;

Metteer

v.

Smith,

156 Cal. 572 [105 P. 735] ;

Tilton

v.

Russek,

171 Cal. 731 [154 P. 860] ;

Marysville Woolen Mills