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  1. #1
    Join Date
    Apr 2019
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    5

    Default Winter Parking Ban with No Signs Posted

    My question involves a traffic ticket from the state of: Massachusetts

    I parked on a city street overnight and received a ticket for violating the "Winter Parking Ban". I guess the street I live on has an overnight ban from 2am - 6am on both sides of the street from Nov 1 through April 30th. There are no signs posted that state this but it is stated on the city website. Which I didn't know existed until I received the ticket. There are cars parked on both sides of this street every night. Do I have a case to appeal the ticket based on the fact that there are no signs?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,037

    Default Re: Winter Parking Ban with No Signs Posted

    It is certainly worth a try. But keep in mind that there doesn't have to be a sign to tell you about a law. I'll bet there isn't a no murdering sign out there either.

  3. #3
    Join Date
    Apr 2019
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    5

    Default Re: Winter Parking Ban with No Signs Posted

    Yes I agree with you. My counter point to that argument though would be that some laws are common knowledge. Most people know that murder isn't allowed anywhere in the country. I would also hazard a guess that most people assume parking is allowed on public roads unless a sign says otherwise. But your point is a valid one.

  4. #4
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    Oct 2016
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    3,037

    Default Re: Winter Parking Ban with No Signs Posted

    I don't disagree with you at all. That's why I said it was worth a try.

    What city issued the ticket?

  5. #5
    Join Date
    Mar 2018
    Posts
    288

    Default Re: Winter Parking Ban with No Signs Posted

    Quote Quoting PayrolGuy
    View Post
    It is certainly worth a try. But keep in mind that there doesn't have to be a sign to tell you about a law. I'll bet there isn't a no murdering sign out there either.
    That must be one of the stupidest things I've ever read here.

    If there really was no sign, yes, of course you should fight it. Normally, parking procedures are not handled by courts, which is unfortunate as that usually detrimentally affects the fairness of the process and the rights of defendants. Appeal through whatever is the local procedure.

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    207

    Default Re: Winter Parking Ban with No Signs Posted

    Matty, as the old adage goes, "One is presumed to know the law". Now, this has it's merits. Was there ever any news releases by the city on this at any time? At main road entrances to the city are there signs about snow parking hours? What does state law say on the matter? If it is codified or regulated that a Municipality can enact snow bans, if it has no provision for signage, then any such local law is not in conflict, and a "Notice requirement" is not mandated unless the Ordinance requires it.

    Being a Continental heavy snow state, it is not beyond common/driver knowledge that snow parking bans exist. A city can NOT place parking ban signs on every street block. I would say that Due Process is more than satisfied!

  7. #7
    Join Date
    Oct 2016
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    3,037

    Default Re: Winter Parking Ban with No Signs Posted

    Quote Quoting zeljo
    View Post
    That must be one of the stupidest things I've ever read here.

    If there really was no sign, yes, of course you should fight it. Normally, parking procedures are not handled by courts, which is unfortunate as that usually detrimentally affects the fairness of the process and the rights of defendants. Appeal through whatever is the local procedure.
    It may have been stupid but you beat it. My first sentence was, "It is certainly worth a try."

    I later asked what city gave the OP the ticket so the law could actually be researched.

  8. #8
    Join Date
    Mar 2018
    Posts
    288

    Default Re: Winter Parking Ban with No Signs Posted

    Quote Quoting PayrolGuy
    View Post
    It may have been stupid but you beat it. My first sentence was, "It is certainly worth a try."

    I later asked what city gave the OP the ticket so the law could actually be researched.
    Your first sentence does not matter. "But keep in mind that there doesn't have to be a sign to tell you about a law. I'll bet there isn't a no murdering sign out there either. " takes the cake, hands down.

  9. #9
    Join Date
    Apr 2019
    Posts
    5

    Default Re: Winter Parking Ban with No Signs Posted

    Worcester

  10. #10
    Join Date
    Mar 2018
    Posts
    288

    Default Re: Winter Parking Ban with No Signs Posted

    What ordinance is listed on the ticket (will be a number of some sort)? Is it 43? If so, look here for any loopholes. Looks like your street is under "permanent ban." If so, and for example, were the conditions described in c) (1) or c) (2) applicable at the time? For example, if there was no snow on the street, or less than 2 inches, you should be off the hook.

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