Spicer v. City of Camarillo

Opinion

GILBERT, P. J. 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.

FACTS AND PROCEDURAL HISTORY

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.1 Municipal Code section 11.12.020 and Vehicle Code section 22651, subdivision (k) authorize law enforcement to remove a vehicle parked for more than 72 consecutive hours.2

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 [1426]the vehicles for more than 72 consecutive hours.3 Spicer did not move his vehicles and, three days later, the vehicles were towed and stored.

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.