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  1. #1
    Join Date
    Aug 2009
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    Default Stopped in a Fire Lane

    My question involves a traffic citation from the state of: Maryland.

    I stopped by an ATM earlier today in a shopping center. In this particular shopping center, the ATM is right next to the road that goes through the parking lot, so many folks (and myself) simply stop right in front, hop out, and use the ATM. I didn't realize that this was actually a fire lane, and I was given a "No Stand/Park - Fire Lane" ticket.

    I'd like to contest the ticket based on these legal requirements for no-parking signs for fire lanes that I found here: http://www6.montgomerycountymd.gov/c...ds/FLOReqs.pdf (this is the correct county). On page 2 of this document, it states "Installation of the NO PARKING signs shall meet all of the following requirements" and goes on to list six requirements, three of which I believe could be contested:

    -One at least every 100 feet in the restricted area.
    I'd have to check, but I believe there's a possibility that the sign immediately before and after where I was stopped could be more than 100 feet apart. I have access to a GPS and could easily prove this, if that turns out to be the case.

    -Set at an angle of no fewer than 30 degrees and no more than 45 degrees with the lane of traffic flow visible to approaching traffic:
    This sentence was worded horribly but I'm assuming it's essentially stating that the sign has to be aligned in such a way that it is readable to oncoming traffic; in this case, the signs are placed on stone columns on the sidewalk in front of the shopping center, directly facing the road (so the signs themselves are aligned parallel to the road, an angle of 0 degrees!)

    -Spaced so that at least one readable sign is visible in front of a parked car from any point along the restriction (for curved curbs/zones and areas that may present visual obstacles):
    This goes with the last one based on the angle of the signs. I went back to the spot and verified that there's no way a person could see a sign in front of their vehicle stopped in my location.


    If these are legitimate criticisms of the legality of the signs, what would I need to bring to court in order to contest the ticket and win? Obviously pictures of the signs and my vantage point, and data from a GPS which proves the distance between the signs is greater than 100 feet would be necessary, but would this be enough? Also, the document states "Private Streets" at the top; being that this road goes through a shopping center's parking lot I would assume it's a private street, but how can I find out for sure? Lastly, I thought of calling the number on the front of the pdf I linked to to get more information, but how would I able to bring that information to court to present it - would an email suffice?

  2. #2
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    Default Re: Stopped in a Fire Lane

    I don't see anything in that document that is relevant to parking lots, and by its express terms it's not universally applicable in residential areas.

    You were cited for violating what statute or ordinance (if the latter, please give both the number and jurisdiction).

  3. #3
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    8

    Default Re: Stopped in a Fire Lane

    Quote Quoting Mr. Knowitall
    View Post
    I don't see anything in that document that is relevant to parking lots, and by its express terms it's not universally applicable in residential areas.

    You were cited for violating what statute or ordinance (if the latter, please give both the number and jurisdiction).
    Thanks for the response. The ticket says Section 20B7 - No Stand/Park - Fire Lane - Code 025. Is that what you're looking for?

  4. #4
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    Default Re: Stopped in a Fire Lane

    You mentioned Montgomery County so, no, that does not appear helpful. Find the ordinance here, or identify the actual jurisdiction.

  5. #5
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    Aug 2009
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    8

    Default Re: Stopped in a Fire Lane

    Apologies - the law is not my forte (hence why I'm here!). Using your link I stumbled across this section: http://www.amlegal.com/nxt/gateway.dll/Maryland/montgom/partiilocallawsordinancesresolutionsetc/chapter31motorvehiclesandtraffic?f=templates$fn=al tmain-nf.htm$3.0#JD_31-20 - is that helpful?

  6. #6
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    Default Re: Stopped in a Fire Lane

    Unfortunately, it is not helpful to point to an ordinance section that has absolutely no relationship to the ordinance numbers you provided.

    Identify the exact statute or ordinance, or provide the correct citation.

  7. #7
    Join Date
    Aug 2009
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    8

    Default Re: Stopped in a Fire Lane

    That IS the right section, however the URL doesn't like to be copy-pasted for some reason, it seems. Try this. Section 31-20 (b) (7). If that doesn't provide you with the information you need, you'll have to help me out here, as that's the only reference to my citation that I found on the website you provided me.

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