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California gets hot, especially in the dry summer months. That’s probably why so many California natives have such fond memories of playing with fire hydrants. But fire hydrants aren’t all fun and games. The darker side of this crucial infrastructure is the thousands of fire hydrant parking tickets that net countless bucks in fines for the state.
What Are the Fire Hydrant Laws in California?
Most of California’s rules of the road are outlined in the California Vehicle Code (CVC). The specific section of that law that covers parking near fire hydrants is §22514. CVC §22514 specifically states, “No person shall stop, park, or leave standing any vehicle within 15 feet of a fire hydrant.”
Notably, this law applies to stopping, standing and parking. Here are the differences between each of those three types of non-motion:
- Stopping. Stopping is when the vehicle temporarily stops, often pulling off to the side, even if just for a second. You can neither pick up or drop off passengers nor load or unload items.
- Standing. Standing is when the vehicle temporarily stops for a longer period of time than a simple stop. You can pick up or drop off passengers as long as the driver remains in the vehicle and it does not power deactivate, but you still cannot take the time to load or unload items.
- Parking. Parking is when you stop the car, deactivate it, and put it in park. Oftentimes, a vehicle is still considered standing unless the driver has left the vehicle unattended.
All three of the above practices are banned within 15 feet of fire hydrants in California except where any of the law’s exceptions apply.
Are There Any Exceptions to the Laws?
There are three exceptions to CVC §22514, each of which match those present in many other states.
The first exception applies when the vehicle is attended by a licensed driver who is seated in the driver seat and ready to move the vehicle at the first sign of necessity. If you are in the driver seat with the key in the ignition and ready to move the vehicle when a police officer asks you to, you should not receive a parking ticket despite parking too closely to the fire hydrant.
The second exception applies when the local government passes laws that overrule the state law. That is, local fire hydrant parking laws supersede California’s state fire hydrant parking laws. Always defer to whatever the local law requires, which will likely be displayed on signs or markings near the fire hydrant, along the curb, or on the edge of the street.
The third and final exception applies when “the vehicle is owned or operated by a fire department and is clearly marked as a fire department vehicle.” Of course, it wouldn’t make much sense for police officers to constantly be putting tickets on the windshields of fire trucks when fighting fires, hence why this exception exists. Unfortunately, it doesn’t help most people.
When Are the Hydrant Laws in Effect?
California’s fire hydrant parking restrictions are always in effect. There is never a moment of downtime (in most cases) for any fire operational fire hydrant. We at WinIt strongly recommend against parking next to any fire hydrant no matter what day or time it is, even if it is a holiday and other parking restrictions are temporarily lifted.
What Is the Cost of a Fire Hydrant Ticket in California?
Fire hydrant parking tickets in California are best known for their fine of around $80. But there can be other penalties associated with these tickets as well. It’s possible for unpaid parking ticket fines to generate late fees, additional surcharges, and potentially criminal charges (see: Failure to Pay). On the bright side, fire hydrant parking tickets in California cannot affect your car insurance premiums.
Why Are Hydrant Tickets So Strict?
These tickets are strict because of the severity of the consequences of the violation they penalize. In case of an emergency, firefighters will need efficient and immediate access to nearby fire hydrants. If your car is parked in the way, it becomes a barrier for them to surmount.
You might have heard tales of firefighters breaking people’s windows to run hoses through it. Those stories are real and have happened many times in California, typically leaving you with the bill for the repairs and the ticket.
Can You Park by a Broken Hydrant?
Legally, you can park next to a broken fire hydrant, but you shouldn’t. There are a few reasons why we recommend you never park next to a broken fire hydrant:
- Appearances can be deceiving. Just because the fire hydrant appears broken doesn’t mean that it actually is. Sometimes, they can seem utterly destroyed and still work perfectly fine.
- Police officers might not know the fire hydrant is broken. If this happens, you could end up getting a ticket anyway. Granted, with help from an experienced parking ticket attorney, you might be able to get it dismissed, but that’s still one frustrating courtroom experience that you could have avoided.
- The fire hydrant might be broken but the city might not know. If the government’s records do not show that the fire hydrant is to be treated as out of commission, it could be immensely difficult to prove otherwise in court.
Can I Get My Fire Hydrant Ticket Reduced or Dismissed?
Speaking of court, contesting your fire hydrant parking ticket in California’s traffic court system is the most effective way to have its penalties reduced or dismissed. To start the dispute process, enter a plea of not guilty and log it with the court via the address listed on the ticket. From there, prepare the necessary documentation, consider hiring a lawyer, and ready yourself for court.
What To Bring to Court When Fighting Your Ticket
There are a few things that every court case involving a fire hydrant parking ticket in California should include. Evidence, the original ticket, and an argument letter are at the top of that list. Of course, during the legal process, you might find that there are a few other things that could help your case. Be sure to consult with your attorney before bringing anything other than these three suggestions, though.
Evidence
Evidence is the bread and butter of any court case. Your case will succeed or fail due to the evidence you bring in support of your claims. The same goes for the state. Keep in mind that you don’t have to prove your own innocence. That’s not how the burden of proof works in the United States. Instead, all you have to prove is that the claims against you (the ticket) aren’t supported by “clear and convincing” evidence.
The Original Ticket
Bringing the original ticket to court with you opens the door to a number of benefits. First, you can more readily refer to the exact text of the ticket during your case. Second, you can submit the original ticket into evidence for future appeals. Third, you can pay your ticket immediately after your court case if you lose.
An Argument Letter
An argument letter is a letter that details all of the arguments you intend to use (or to counter) in your case. The goal of an argument letter is not to replace your oral argument but rather to supplement it. You should avoid reading the argument letter word for word. Instead, you should prepare a separate oral argument and ask to submit your argument letter to the court.
If you lose your case, the argument letter can increase your chances of getting the conviction overturned.
Hiring an Attorney To Fight Your Ticket Through appwinit.com
At the end of the day, your chances of beating a parking ticket are only as good as your understanding of the law. If you’re not a lawyer, your odds increase by hiring one. Even if you are a lawyer, two heads are better than one.
California’s traffic court system is no walk in the park. It’s convoluted, challenging, and downright confusing. So why go through the process on your own when you can access safe and affordable legal services from experienced attorneys right from the comfort of your own home? Download the WinIt app (or go to www.appwinit.com) today and get started preparing your legal defense.
