My question involves a traffic citation from the state of: Texas, San Antonio
I looked up the City Ordinances from IFC (http://www.sanantonio.gov/safd/PDFs/...rdinance.pdf):
"...FIRE LANE shall mean any area appurtenant to entrances or exits of a building
deemed necessary by the Fire Chief or his designee to remain free and clear of
parked vehicles for access to such building in case of fire or other emergency and
designated by him as such, and may include sidewalks, driveways, portions of
parking lots, or any other area adjacent to or near building entrances or exits, or
any fire hydrant...."
"...503.3 Markings. Upon the designation of a fire lane pursuant to this ordinance,
the Fire Marshal shall give notice of such designation to the owner of such
designated premise, directing the owner to cause signs to be posted at the expense
of the owner at designated locations stating: "Fire Lane - No Parking at any Time
City Ord. 54547." Such signs shall be of standard size and color, of standard
lettering and mounting, conforming to specifications established by the Director
of Public Works. In addition to the signs, the owners of such designated premises
at their option, or, if so directed by the Fire Marshal, shall paint all fire lane curbs
red with white-stenciled letters stating "Fire Lane, No Parking." Lettering for the
curbs shall use 4 inch lettering with a distance of not more than 40 feet between
wording. It shall be unlawful to park any vehicle other than an authorized
emergency vehicle in a designated fire lane when such signs are in place or such
red curbing exists. In areas where the fire lane may not be clearly defined, the
Fire Marshal may require a four inch red stripe be painted that defines the
boundaries of the fire lane...."
My situation is in a city park where the whole park is red lined as a Fire Lane - this is the only park in a 5 mile area that did this - others have no parking zone signage - they did it here for "beauty" - no signs... no speed limit signs - no one way signs, no defined head in parking space signs even - just gravel - with a red line (with the White Lettering - not sure if it is properly spaced though) painted on the pavement,behind the gravel parking areas & for the entire road way - entrance to exit(about 3/4 mile) both sides of the thoroughfare lane - but not on the curbs. Does it matter which side of this red line you are - can it cross parking spaces? Or is it to designate a No Parking Area?
It was a crowed day - I parked where another car exited - it was not in the driving lane & it looked like a space - there were people parked next to me - we all got tickets. ($150 ticket - vs a $35 ticket for parking in a no parking zone)
As I was taking photos for my hopeful defense of this as being improper use of the fire lane ordinance and not posting signs with arrows to inform public properly - as I believe is required by City Ordinance... A city truck was delivering chairs - parked in the no parking zone --- in front of the only fire hydrant in the park.
I asked if he got a ticket when the city worker returned - he stated he was doing his job - He called over the park rangers - who also stated he was doing his job - there was a lady parked behind him and she did not get a ticket either. I have the photo of the city truck and the car - with the park ranger buggy parked next to them...
If I am wrong about the Fire Lane being invalidly used for beautification purposes (- my guess is it is also a ticket trap -) Can I use as a defense selective enforcement of the law makes it unjust - as a winning defense? And would taking more photos of cars violating and with no tickets help?
Thank you for your time and advice in advance