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Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Municipal Law for California on
Q: Towing company refused to provide written authorization for grounds of tow. What can I do?

Hi! I was towed around 10:30 pm in Los Angeles County, California, for being parked in a private commercial / residential parking lot (spot read 2 hour customer parking, but I was outside of the plaza). I was in the wrong here, but I had a confusing experience releasing my car.

The towers... View More

James L. Arrasmith
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answered on Mar 15, 2024

Under California law, particularly Vehicle Code 22658(l)(3), you indeed have the right to request a copy of the written authorization for towing from the property owner or their agent. This authorization should have been obtained by the towing company before they towed your vehicle. The law states... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for Colorado on
Q: What would a defendant do in the case of property seized when there was already a lien on it and violation of due proces

In home rule municipal court the defendant was not given a jury trial and had a plea entered without consent. In the Colorado state constitution it specifically states that only judges appointed by the governors signature can preside over jury trials and enter a plea with consent from the... View More

James L. Arrasmith
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answered on Mar 13, 2024

In the scenario you described, there appear to be several potential issues and violations of due process:

1. Lack of a jury trial: If the defendant was entitled to a jury trial under Colorado law but was denied one, this could be a violation of their constitutional rights.

2. Plea...
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1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for Pennsylvania on
Q: curious if hanging signs much like stop signs around my area with inspirational quotes on them would that be vandalism?

a fellow named xx did it in texas a while back and didn’t face any legal consequences because it was considered as art

James L. Arrasmith
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answered on Mar 11, 2024

The legality of hanging inspirational signs in public spaces, like stop signs, depends on various factors such as local laws, the content of the signs, and the manner in which they are displayed. While the case you mentioned involving Brian Deneke in Texas may have been considered art, it's... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law, Municipal Law and Real Estate Law for Texas on
Q: If electric power lines ask me to get estimate to move my resident in order to expand their right of way, who chooses?
Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Iowa on
Q: So my city council has an ordinance stating everyone has to have garbage service. My question is in several parts.

Is it legal for them to put my bill on my property taxes but continue to bill me for it without starting over? And if it is then is it legal for them to keep adding it to my taxes. Like lets say the first bill is 3 months late and its 300 dollars.they add that to my property taxes. Then three... View More

James L. Arrasmith
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answered on Mar 8, 2024

Municipalities often have the authority to enforce ordinances requiring residents to maintain garbage service, and they can implement various measures to ensure compliance, including billing methods. The practice of adding unpaid garbage service bills to property taxes is a common approach used by... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Municipal Law for Utah on
Q: Whats the punishment in Utah for registering to vote under a po box, but it's still in the district where you live?
James L. Arrasmith
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answered on Mar 8, 2024

Registering to vote using a P.O. box instead of a residential address can raise concerns under Utah law, as voter registration typically requires a physical address to ensure you are voting in the correct district. While the intention might be to remain within legal boundaries, especially if the... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Rhode Island on
Q: Is an art installation of signs promoting kindness near construction zones illegal in RI?

In accordance with Rhode Island law, could the creation of an art installation on featuring letter-sized, brightly-colored signage promoting positivity, kindness, and safe driving behaviors on highway light posts near areas affected by infrastructure failures and construction zones be subject to... View More

James L. Arrasmith
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answered on Mar 8, 2024

In Rhode Island, as in many places, placing signs or installations in public spaces, especially near highways and construction zones, generally requires adherence to specific regulations and obtaining permission from the relevant authorities. This is due to safety considerations, as well as... View More

1 Answer | Asked in Municipal Law for Minnesota on
Q: If there is 2 water rates in the same area can they make us pay the higher one out of convenience for there company

, at a rate which is greater than either of the following:

(1) a rate which the resident could pay directly for the same utility service from some other comparable source in the same market area; or

(2) a rate which is charged to single family dwellings with comparable service... View More

James L. Arrasmith
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answered on Mar 8, 2024

If you're being charged a higher water rate than others in your area for the convenience of the company, it's crucial to understand your rights and the regulations governing utility services. Utility companies are often regulated to ensure fairness and to prevent discriminatory pricing... View More

1 Answer | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

James L. Arrasmith
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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: If an escooter/bike is on a sidewalk do they have to abide by pedestrian rules?

I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More

James L. Arrasmith
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answered on Mar 6, 2024

In California, when bicycles or e-scooters are allowed to ride on sidewalks due to bike lane obstructions or absence, they must generally follow the same rules as pedestrians. However, local laws may vary, so it's important to check the specific regulations in your city or county.

When...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: If an escooter/bike is on a sidewalk do they have to abide by pedestrian rules?

I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More

William John Light
William John Light
answered on Mar 6, 2024

Who is at fault in a collision depends on a lot more than a pedestrian stop being on. Even if an e-scooter or pedestrian is violating the pedestrian stop, a motorist cannot just run them over. The real answer is, it depends. Did the motorist have a chance to react, slow or stop? Did the... View More

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1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Municipal Law for Michigan on
Q: My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with

My dte bill accumulated to about 8800 dollars over the year, and I haven't been able to make a payment arrangement with dte because they have made unrealistic demands in the past for me to make 50 percent down as a payment into a payment plan. Now my power has been cut and they will not... View More

James L. Arrasmith
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answered on Mar 6, 2024

Facing a large utility bill without a feasible way to pay can be incredibly stressful, especially when the service is essential, like electricity. Utility companies do have the right to require payment for services rendered and can disconnect services for non-payment. However, they are often also... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

James L. Arrasmith
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answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Re: 72 chevelle ss - Police won't let me make report. Title was changed from my name but i never authorized that.?

Since i don't know whose name it was changed to i can't get any info. I've been to dmv, police depts, AAA, no one will give me the name it was transferred to. I would know that if it was legit. So if you can tell me who i need to talk to or where i need to go to get some... View More

James L. Arrasmith
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answered on Mar 5, 2024

Hi Leslie,

I'm sorry to hear about your situation with your 1972 Chevelle SS. It sounds like you're dealing with a case of potential title fraud. Here are some steps you can take to try to resolve this issue:

1. File a complaint with the California DMV Investigations...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Texas on
Q: Im harris county who owns the parkway the city or person ?

I’ve been having trouble with my neighbor she complains about us parking on her left parking spot on the road infront of the side walk . She complained about the car getting on the grass sometimes and we have fixed that issue now she’s complaining and threatening to sue or give us a ticket for... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2024

Generally speaking a public road and the area immediately beside it is owned by the owner(s) of the adjacent land but it is subject to a public access easement. A survey would be necessary to determine the exact line where the easement ends. As long as you remain in the area subject to the public... View More

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: Can a police officer tow your parked covered car from private property. Just because he wants to

I had my car parked on private property with a car cover over it . It was registered to me but the tags where out of date. The company where my car was parked didn't authorize the police officer tow my car from there property.

James L. Arrasmith
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answered on Mar 5, 2024

In California, law enforcement has the authority to tow vehicles from private property under specific circumstances, such as when a vehicle is evidence of a crime, poses an immediate threat to public safety, or is in violation of certain laws. However, for a car that is simply parked on private... View More

2 Answers | Asked in Criminal Law and Municipal Law for California on
Q: I'm just trying to get a waiver for my court order classes
James L. Arrasmith
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answered on Mar 4, 2024

Under California law, obtaining a waiver for court-ordered classes often involves demonstrating to the court that attending these classes would cause undue hardship or that equivalent alternative measures can achieve the same objectives. You may need to file a formal request or motion with the... View More

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2 Answers | Asked in Criminal Law and Municipal Law for California on
Q: I'm just trying to get a waiver for my court order classes
Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2024

Whoever represented you in court should be the one to best answer that question.

They don't waive things just because it is inconvenient for you...which I assume is the case.

Someone would have to review your file and see how many classes you have taken.

If it is a...
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Q: Can Code Enforcement enter the backyard of my property?

I am a tenant in a rental house. Recently we have had a Code Enforcement Officer enter our backyard and issue us a warning for trash and debris on our property. We did not allow anyone to enter our backyard from the Borough nor did our Landlord permit them as his Agent and notify us. Is this... View More

James L. Arrasmith
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answered on Mar 4, 2024

The question of whether Code Enforcement can enter your backyard without permission largely depends on local laws and regulations. Typically, code enforcement officers are allowed to inspect properties for violations of local ordinances, which can include issues visible from public spaces. However,... View More

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