Q: Is " custom and practice" A legal excuse to park perpendicular to a curb after 12 years?
I live in a cul-de-sac of five houses. We have all been parking nose in instead of parallel to the curb for the past 12 years. No one has ever said anything until now. We all got tickets on the same day. City services such as police, fire and public works have been on our street multiple times and have seen this practice and custom and have never said anything. Is it reasonable to expect them to give us a warning if they are going to change how they enforce the parking rules after turning a blind eye for so long?
A:
Under California law, custom and practice, even over a long period, does not typically create a legal right to ignore parking regulations. Cities have the authority to enforce parking rules, and the fact that you have parked this way for 12 years without prior enforcement does not provide a legal excuse. Municipalities are not required to provide warnings before enforcing existing laws, even if they have previously allowed certain practices to go unchecked.
It is understandable that you would expect some form of notice, given the long-standing behavior in your cul-de-sac and the lack of prior enforcement. The presence of city services, such as police and public works, without any previous citation does not legally waive the enforcement of parking regulations.
If you believe the sudden enforcement was unfair, you can contest the ticket and raise these concerns. You could argue that the enforcement was inconsistent and that a warning should have been issued, but ultimately, the decision will rest on the applicable parking laws and how the city chooses to enforce them.
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