Got a ticket for being at a park after hours

[cobra_matt]

Me and two of my friends got done playing basketball at this gym and we wanted to go relax and cool off for a bit. We weren't up to any trouble at all. No one was really around and there was no gate to the park and we didn't see a sign that said the park was closed. So two cop cars come up and search us and the whole bit. I thought he was going to tell us to get out of here and just scram. But they gave us a misdemeanor ticket for being there after park hours. My record is clean as a whistle. I've never been to court, so I was wondering if the judge will look at the case and dismiss it because it's such a mild offense, or will he charge me with the misdemeanor? And if so, does it stay on your record forever? I really don't want to mess my record up.

This was around 11:00 PM and they said the park is closed at 10:00 PM. The Long Beach Municipal Code they got me with is 16.16.010 ("Park Hours")

 

[Zinc03Cobra]

Since you didn't say LEOs only, there will always be a record of it. a public record which will most likely disappear, and then a private record only law enforcement eyes can see.

There's a good reason they don't have park after hours. People damage property, loiter, do drugs, and possibly even stalk people as they are walking by.

You were in the wrong place at the wrong time. An explanation to a judge will determine the outcome. best of luck.

till then, stay out of the park!

 

[FordSVTFan]

Me and two of my friends got done playing basketball at this gym and we wanted to go relax and cool off for a bit. We weren't up to any trouble at all. No one was really around and there was no gate to the park and we didn't see a sign that said the park was closed. So two cop cars come up and search us and the whole bit. I thought he was going to tell us to get out of here and just scram. But they gave us a misdemeanor ticket for being there after park hours. My record is clean as a whistle. I've never been to court, so I was wondering if the judge will look at the case and dismiss it because it's such a mild offense, or will he charge me with the misdemeanor? And if so, does it stay on your record forever? I really don't want to mess my record up.

This was around 11:00 PM and they said the park is closed at 10:00 PM. The Long Beach Municipal Code they got me with is 16.16.010 ("Park Hours")

You are already charged. The judge will adjudicate it and find you either guilty or not guilty. You best bet of not being convicted is to get an attorney. In your eyes it may be a "mild offense," but you did exactly what the ordinance prohibits. There is obviously a reason for this town ordinance and I am sure they take it seriously.

That being said, there is no doubt you have some mitigating factors on your side. You have a clean record, you had no actual knowledge of the ordinance (even though you dont need actual knowledge), and it is not posted, thus no notice.

I would suggest that a good local attorney can get it tossed or at least reduced to a civil infraction as opposed to a misdemeanor.

If found guilty it will be on your record forever.

 

[cobra_matt]

Thanks for the response, I appreciate it. I never hired an attorney before, so does anyone have a rough estimate of what an average attorney would cost for a case like this?

 

[FordSVTFan]

It varies greatly. But less than $2500

 

[97cobra1]

Wow, was it a public park? I guess it's probably a Cali thing, because the public park here always has people in it at least til around 1-2am. People get off work and go play basketball and stuff like that there. Good luck, and grab an attorney.

 

[oldmodman]

I see lots of people at my local park at midnight. All the basketball and soccer areas are all lit up and lots of people.

I always thought that nothing in Los Angeles ever closes.

Next time I drive by I'll have to go in and look at one of the gate signs to see if it has posted hours.

 

[cobra_matt]

Wow, was it a public park? I guess it's probably a Cali thing, because the public park here always has people in it at least til around 1-2am. People get off work and go play basketball and stuff like that there. Good luck, and grab an attorney.

Yes, it was a public park.

I see lots of people at my local park at midnight. All the basketball and soccer areas are all lit up and lots of people.

I always thought that nothing in Los Angeles ever closes.

Next time I drive by I'll have to go in and look at one of the gate signs to see if it has posted hours.

I'm going to drive by the same area we were at later on today to see if there is a sign we missed, but I'm pretty sure there were no signs.

 

[SID297]

Take pictures for use at trial.

 

[txyaloo]

Here's the sections of code you're dealing with:

K. Remain or stay, or store personal belongings, between the hours of ten o’clock (10:00) P.M. and one hour before sunrise at any public park, public beach, public building or enclosure or public amphitheater or plaza. However, the director of parks, recreation and marine, in consultation with the chief of police, is authorized to alter hours of closing temporarily at any public park, public beach, beach and marina parking lot, public building or enclosure, or public amphitheater or plaza in the interest of public safety, health, or welfare, and no person shall remain or stay while any of the foregoing facilities are closed by the director. This subsection shall not apply to any person attending an activity, program, concession or special event, or the parking of a vehicle overnight, for which a city permit has been issued;

You need to look all over the park and see if the hours are posted. From my reading of the statute, it appears that signs are only required if the park is fenced or otherwise enclosed. Otherwise, only reasonable notice is required.

S. Entry Outside Posted Hours Prohibited. The director of parks shall be authorized to designate the hours of operation or the business hours for any fenced, gated, or otherwise enclosed grounds, area, structure or facility of the department of parks, recreation and marine by providing reasonable notice to the public by signs and/or posting. Except during the posted hours of operation or business hours, no person shall enter, occupy, remain, or otherwise be within any fenced, gated, or otherwise enclosed grounds, area, structure or facility without prior authorization from the director of parks, recreation, and marine or the director’s designee. The hours of operation or business hours shall be posted at the public entry of each fenced, gated, or otherwise enclosed grounds, area, structure or facility subject to this subsection.

 

[Blade Runner]

Sorry to slightly divert, but you aren't allowed at a public beach after certain hours???? Cali laws FTL......

 

[darkhorse276]

Wow, was it a public park? I guess it's probably a Cali thing, because the public park here always has people in it at least til around 1-2am. People get off work and go play basketball and stuff like that there. Good luck, and grab an attorney.

Not just a Cali thing, although it does stink. I know there's a couple parks near me out here in Jersey that are closed from sunset to sunrise. They don't even have specific hours posted.

 

[cobra_matt]

So I went down to check for any signs that suggested there was a curfew for the park and could not find one. There was one sign at the entrance that said the area was open to the public but did not specify any ordinances or time regulations. Could this evidence hold up in court since the code states:

The hours of operation or business hours shall be posted at the public entry of each fenced, gated, or otherwise enclosed grounds, area, structure or facility subject to this subsection.

(Thanks txyaloo). Do I have a strong enough argument to not hire an attorney?

 

[PhLoBuS]

pretty much if you bring it to court they should just drop it

 

[txyaloo]

So I went down to check for any signs that suggested there was a curfew for the park and could not find one. There was one sign at the entrance that said the area was open to the public but did not specify any ordinances or time regulations. Could this evidence hold up in court since the code states: (Thanks txyaloo). Do I have a strong enough argument to not hire an attorney?

Is the park fenced, gated, or otherwise enclosed? If it's just open park land, from my plain reading of the ordinance, they are not required to post hours.

 

[cobra_matt]

Is the park fenced, gated, or otherwise enclosed? If it's just open park land, from my plain reading of the ordinance, they are not required to post hours.

Damn, it's not. I guess I didn't read that right the first time.

 

[RedRocketMike]

make sure you take pictures or even video of there being no hours posted. And have the pictures printed out.

 

[20LethalVenom03]

Just bring pictures, I don't see why it won't get dropped.