Red Curb Parking Ticket in California: Defenses and How to Contest

A red curb citation in California is one of the more expensive parking violations you can receive. Oakland fines red zone violations at approximately $91. In San Francisco, comparable no-parking-zone citations regularly exceed $100. The good news: there are real defenses under California Vehicle Code that hearing officers apply — this is not a ticket you automatically have to accept.

This guide covers the specific legal grounds for contesting a red curb violation in California, how the AB 413 daylighting law changed the rules starting in 2025, and how to file an appeal in the major cities.

What California Law Says About Red Curbs

CVC § 21458(a)(1) is the controlling statute. It defines red-painted curbs as areas where stopping, standing, and parking are prohibited at all times, 24 hours a day, seven days a week. Unlike yellow curbs (commercial loading, typically enforced only Monday through Saturday), there is no time window for red zones. If the curb is painted red, the restriction is continuous.

CVC § 22500 covers additional no-parking zones — bus stops, fire hydrant zones (within 15 feet under CVC § 22514), crosswalks, and others. A bus zone citation typically falls under CVC § 22500(i), which prohibits parking in a bus zone even if no bus stop sign is posted.

Defenses That Actually Work

1. Faded or Invisible Paint (CVC § 21458)

The state's own Vehicle Code requires the red paint to be "clearly visible" to a reasonable driver. If the paint is so worn that it reads as gray or brown at normal driving speed, you have a legitimate defense.

What you need: - Photos taken from driver's eye level, at a natural viewing angle, showing the faded condition - A wide shot of the block to show the context — not a close-up where you've enhanced the color - If available, historical Google Street View images showing when the paint was clearly red versus the condition at the time of your citation

What doesn't work: Arguing that you personally couldn't see the paint if it appears clearly red in your photos. The standard is "reasonable person" visibility, not individual perception.

2. Missing, Obscured, or Insufficient Signs

Red-painted curbs generally speak for themselves and don't require a separate sign. However, if your citation was issued under a related restriction — a bus zone, a loading zone, a fire lane — those restrictions often require posted signs. CVC § 22507 and related sections impose sign-posting requirements on local agencies. If the sign was missing or so obscured (by vegetation, another sign, or damage) that a driver exercising ordinary care would not have seen it, that's a contestable point.

File a CPRA (California Public Records Act) request with the city for sign maintenance records on that block. If a sign was recently damaged or replaced, those records can establish that the sign was not in place when you parked.

3. The 2025 Daylighting Law — A New Complexity (CVC § 22500(n))

Assembly Bill 413, effective January 1, 2025, added a new provision to California law: parking is now prohibited within 20 feet of the vehicle-approach side of any crosswalk — whether or not the curb is painted red.

What this means in practice: - A citation issued under AB 413's new provision does not require a red-painted curb. "There was no red paint" is no longer a complete defense for corner parking. - However, transitional enforcement matters: Sacramento began issuing monetary fines for daylighting violations on July 1, 2025. Before that date, they were issuing warnings. If you received a monetary fine for a daylighting violation before your city began active enforcement, that's a legitimate grounds to raise at your Initial Review. - For red-curb-specific appeals: if the citation cites CVC § 21458 and the curb was not painted red, the citation is based on the wrong code section. The correct section would be CVC § 22500(n) — a code-section mismatch may be relevant in your appeal.

4. Attended Vehicle Exception (Fire Hydrants)

If your citation is specifically for parking within 15 feet of a fire hydrant (CVC § 22514), note that the statute includes an exception: the prohibition does not apply if the vehicle is attended by a licensed driver who can immediately move it. "Attended" means a driver who is present and ready to drive, not someone who has stepped a block away.

This is a narrow exception and difficult to prove after the fact, but if a passenger was in the vehicle and capable of moving it, document this in your appeal.

5. Bus Zone: Inadequate Marking

Bus stop and bus zone restrictions under CVC § 22500(i) typically require both pavement markings and posted signs. If the bus zone lacked proper signage — particularly at night or in conditions where the zone boundaries weren't clear — this is worth raising. Unlike red curbs, bus zones frequently have disputes over where the zone ends. Accurate measurements documented with photos can support an argument that your vehicle was outside the designated zone.

How to Contest in Each Major City

All California cities must follow the CVC § 40215 three-stage process:

Initial Review (free — file within 21 days of citation date) Submit a written statement citing the specific legal basis (not "it wasn't fair"), with photos attached. Reference the CVC section. Be factual and brief.

Administrative Hearing (within 21 days of Initial Review denial) You must deposit the full fine before the hearing unless you qualify for an income-based waiver. A neutral examiner reviews your evidence. This stage has higher dismissal rates than the initial review — most people quit after Stage 1, but Stage 2 is where the real process happens.

Superior Court (within 30 days of hearing decision) File a de novo civil appeal with a $25 filing fee. A judge reviews the case fresh.

City-specific portals: - Los Angeles (LADOT): ladotparking.org, (866) 561-9742 - San Francisco (SFMTA): sfmta.com/citations, 311 - San Diego: sandiego.gov/parking/citations/appeal, (866) 470-1308 - Sacramento: SacPark.org or cityofsacramento.gov/police/police-services/contest-a-parking-citation - Oakland: oaklandca.gov/parking-tickets, (800) 500-6484 - San Jose: pticket.com/sanjose, (800) 294-8258

What to Include in Your Written Appeal

A red curb appeal should follow this structure:

Opening line: "I am contesting citation #[Number] issued to vehicle [Plate] on [Date] pursuant to CVC § 21458(a)(1)."

The factual basis: "At the time of parking, the curb paint in the cited location was so faded as to be indistinguishable from unpainted concrete at normal viewing distance. This condition is documented in the attached photographs [Exhibit A], taken within [X hours] of the citation. The standard under CVC § 21458 requires clear visibility of the red marking."

Evidence list: Photos with timestamps, any available Street View documentation, measurement photos if applicable.

Closing: "I request dismissal of this citation. The city's enforcement of a violation standard it failed to maintain is not consistent with the public notice requirement implicit in CVC § 21458."

The key is staying objective. Hearing officers respond to factual arguments tied to code sections — not frustration, not financial hardship, not "I was only there for a moment."

Our California Parking Ticket Dispute Guide includes ready-to-use appeal letter templates for red curb, bus zone, and other common violations, along with a photo checklist and deadline tracker for LADOT, SFMTA, San Diego, and Sacramento.

FAQ

Can I fight a red curb ticket if I was in the car?

Only if you were in the vehicle and actively "attending" it with the ability to move immediately. For a standard red curb citation under CVC § 21458, the presence of the driver is not an exception — it's only relevant for fire hydrant violations under CVC § 22514. Being parked in a red zone, even briefly, even with someone in the car, is a violation.

What if the red curb was painted by a private business?

Some private property owners paint their own curbs red, which is generally not legally enforceable unless the city has officially designated the area. A citation issued on private property by a city parking officer in an area not listed in the city's official street records is worth contesting. Request the city's street inventory records via CPRA.

Does paying a red curb ticket affect my insurance?

Parking violations in California are not reported to the DMV as moving violations and do not generate points on your driving record. They will not affect your insurance rates directly. The risk is the DMV registration hold (CVC § 4760) if you leave the citation unpaid.