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Magistrate upholds trailer-parking citation despite misnumbered code entry
Summary
Special magistrate Drew Smith found sufficient evidence that an unhitched trailer was parked on a public roadway and upheld Don Maldonado's parking citation, rejecting arguments about a misnumbered code section and ordering payment within the magistrate's prescribed timeframe.
Drew Smith, the city's special magistrate, upheld a parking citation issued to Don Maldonado after hearing testimony that an unhitched trailer was parked on the public roadway near 2710 Serenity Garden Drive.
Officer Fawcett testified the trailer "was not attached to a vehicle" and "was not being used for loading or unloading," and cited a violation of city code 42-61(5). Maldonado challenged the citation, arguing the citation listed an incorrect code number and gave only a general location on the citation. Maldonado said he could not confirm whether the trailer was at the precise place at the moment the citation was written.
Smith said the magistrate's review focuses on the evidence presented at the hearing and found the city had shown the trailer was parked in violation of 42-61(5). "I do find that there was a vehicle trailer illegally parked," Smith said, and he declined to dismiss the citation on the misnumbering ground, noting that an accurate description matters more than a numeric citation reference.
The magistrate upheld the citation and the city's requested administrative costs where applicable; payment was ordered to be made within the timeframes set in the oral ruling and forthcoming written order.
The hearing record shows the city requested only enforcement of the citation for this case and the magistrate explained petitioners may make public-records requests if they want additional evidence before a hearing. The magistrate's final order will be mailed to the parties.
