Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance about motor vehicles. In effect, the registered owner of a vehicle is liable for a stop sign violation. In this case, an automated video camera recorded a vehicle registered to plaintiff failing to stop on a roadway in a parkland property, and a park ranger issued and mailed an administrative citation to him. The trial court sustained the entity’s demurrer, and the Court of Appeal affirmed. The appellate court said the entity’s authority is derived from the Public Resources Code and Vehicle Code section 21 states that control under the Vehicle Code does not impair the entity’s authority to enforce ordinances relating to the management of its parklands. (Everett v. Mountains Recreation & Conservation Authority (Cal. App. Second Dist. Div. 3; August 13, 2015) 239 Cal.App.4th 541 [191 Cal.Rptr.3d 59].)
Pay The Two Dollars.
Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance about motor vehicles. In effect, the registered owner of a vehicle is liable for a stop sign violation. In this case, an automated video camera recorded a vehicle registered to plaintiff failing to stop on a roadway in a parkland property, and a park ranger issued and mailed an administrative citation to him. The trial court sustained the entity’s demurrer, and the Court of Appeal affirmed. The appellate court said the entity’s authority is derived from the Public Resources Code and Vehicle Code section 21 states that control under the Vehicle Code does not impair the entity’s authority to enforce ordinances relating to the management of its parklands. (Everett v. Mountains Recreation & Conservation Authority (Cal. App. Second Dist. Div. 3; August 13, 2015) 239 Cal.App.4th 541 [191 Cal.Rptr.3d 59].)