Fire Zone unmarked on Elm St

[sunnyschettler.livejournal.com]

Hello, first posting here so please be kind...
Am I the only occasional driver who has been caught in the ticket-trap that is at Elm/Bowers Ave corner? It's right in front of the bank next to Goodwill. On the very rainy Monday we just had I parked at the corner to run in two bags of Goodwill items. Two minutes later I was slapped with a $100 FEE ticket for parking in a Fire Zone.

The zone is marked only with a sign, not a red curb, and I mistook the sign as a simple No parking from here to corner sign. I can't afford a $100 ticket and will contest it in the public hearing. Has anyone else done this successfully, and if so, how? Should I take pictures of the signage and e-mail them to the city for instance, or just bring them to the hearing?

Thanks for any help or insights, -Sunny

Comments

[qwrrty.livejournal.com]

If it were me, I wouldn't even try to contest the ticket. I've had success fighting tickets where there was no sign on the block to restrict parking there, but I wouldn't have bothered if there was a sign that I just didn't see or misread. If your best defense is essentially "I thought it was just a no parking zone, not a fire lane," I don't think you're likely to get very far.

[lbmango.livejournal.com]

I don't think ANY fire zones are marked on the curb around here... so, I wouldn't rely on that...

Sorry.

[clevernonsense.livejournal.com]

I don't think there's any requirement for the curbs to be painted in fire zones.

[koshmom.livejournal.com]

While I agree with the others (about not thinking you'll win by saying "I thought the sign said something else") is a public hearing the proper place to do this? Will it do any good? Or might you be getting yourself into more trouble if the people at the hearing agree with you and say "You're right, you don't have to pay the ticket" but if noone from the Parking Department gives you an official "Case Closed" you might have to pay the "you didn't pay the ticket so now you owe even more" fine.

Or am I misunderstanding what you mean about "public hearing"?

Thanks for the comments

[sunnyschettler.livejournal.com]

I'm sure it's not the best use of time, but making an appearance at a parking hearing date seems to be all I can do. I'll check back for more comments or ideas later, and hope that this "Post Reply" from e-mail works... we'll see.

[thespian.livejournal.com]

she (I assume) is talking about the Hearing in Person, as opposed to an online or by mail appeal, not about showing up at an unrelated hearing thing.

[ethanfield.livejournal.com]

The "No Parking within 20 feet of an intersection" restriction is effectively a fire lane restriction. The reason for the rule is that the big fire trucks can't turn the small corners if cars are parked right up to the edge.

A couple of years ago, there was a fire in (I think) the Magoun Square neighborhood, which has very narrow little streets, and the fire truck couldn't make the turn quickly enough. In response, they upped the fines for that offense to $50, and more aggressively increased enforcement. The Mayor also asked the Fire Chief to identify the ~20 worst intersections (where parking at the corner seriously inhibits emergency vehicles). Those intersections were then designated Fire Lanes, with appropriate signage.

And I don't want to sound unsympathetic to you Sunny, but... it probably won't hold much sway with the Hearing Officer for you to say, "I knew I was breaking the law, but I didn't realize I was breaking a SERIOUS law, because I didn't read what the sign said. Please go easy on me." You might get more mileage out of "I was just dropping something off at Goodwill, I was there for all of two minutes."

[thetathx1138.livejournal.com]

Yeah, showing up at an unrelated hearing would probably not end well.

[0bsessions.livejournal.com]

Also of note, magistrates CAN raise the fine if they believe you're wasting their time. I, on one occasion, had a speeding ticket in NH jacked from $120 to $400 upon attempting to contest it.

In summation: You didn't read the sign, pay the fine, move on with your life rather than wasting a municipal employee's time.

[squirrelitude]

I think the OP used the wrong term. I contested a $1000 trash violation, which consisted of "filing for an appeal" (sending in a letter to a specific address), showing up at the courthouse, waiting in line, and finally sitting down with some of the enforcement officers. They offered me a deal (reduction to $50), and I could either accept it or wait to see the magistrate. I took the deal.

[sparkgrrl658.livejournal.com]

that's what i was going to say - i don't think i've ever parked or not parked based on a curb being painted. because they usually aren't, or they're so old the paint (what's left of it) could easily go totally unnoticed.

Well, yes, I hope they'll go easy on me

[sunnyschettler.livejournal.com]

Can I be for mercy at the "Hearing in Person" for my citation, having stopped for only 4 minutes to drop off Goodwill items in a downpour where I did not A.) see the sign or B.) see anything in the pouring rain as I darted to and from the car.

Thanks for the back-story on Magoun Sq and the Fire Chief actions there. It's certainly not like me to cause peril to a city or building owners by leaving my car in a bad spot (albeit at the corner of a very small One_Way street - Bowers Ave - that would never have trucks on it...). I would never have left it there had I seen the Fire Zone sign.

Ironically, I only stopped to write the ~$60 value donation receipt and that was when the Parking Demon descended on my ill-parked car and slapped a $100 fine for less than 5 mins of parking.

Yes, that's correct -- thanks for clarifying

[sunnyschettler.livejournal.com]

I should have stated that I had stopped at the Parking Office and asked what I could do as I drove home in the rain. The clerk said that I could pay or show at the hearing date. Those were my only two options.

[prunesnprisms.livejournal.com]

Well, good luck anyway. Most of us who drive have made one or two silly mistakes before, I'd think.

Re: Well, yes, I hope they'll go easy on me

[red-liner.livejournal.com]

Yep, there's not a driver in town who hasn't missed something dumb like this....one morning I parked smack in front of an apartment building's driveway and didn't notice; it didn't work out well or cheaply. We all feel your pain.

Just had to say, though - the person who put the ticket on your car is just that, a person and not a demon. They have a job to do, a job that affects public safety and could affect yours or your loved ones' someday, and they did it properly. As much as it stings when you're on the receiving end, this is a sign of a system that's working.

I hope the hearing goes well - and honestly, if you tell the judge what a great job the enforcement person did and how thankful you are as a citizen for their diligence, it might help your cause.

Re: Well, yes, I hope they'll go easy on me

[ron_newman]

However, Goodwill is a non-profit asset to the city, and the city should encourage, not discourage, people from donating things there. Even if it means blocking a fire lane for 2 or 3 minutes.

(Isn't a fire lane the same thing as a loading zone, anyway?)

[boblothrope.livejournal.com]

If a sign says "No Parking", it's not illegal to stop there to load merchandise or passengers.

[boblothrope.livejournal.com]

And are painted curbs even mentioned in state or local laws around here?

In NYC, the city explicitly says that any paint on the curb is legally meaningless. But on the West Coast, the 5-color curb system is most definitely official.

Re: Well, yes, I hope they'll go easy on me

[sunnyschettler.livejournal.com]

Thanks, Ron. I appreciate the comment. I think the city should support Goodwill donations also, and not act as vigilantes on that tiny, poorly marked Fire Lane. Parking there for less than five minutes should not result in a $100 unless there truly was danger/hazard from the drop-off.

And like I said, it was POURING rain at the time. I normally park in the Public Lot when doing drop-offs, but this one was A.) QUICK and B.) NOT during a time for high fire danger.

I often think of a fire lane as a specialized kind of loading zone, but they are different, and I wouldn't call them synonymous in the hearing. No way.

Really...I have never seen that?

[sunnyschettler.livejournal.com]

Care to share a citation?

Re: Well, yes, I hope they'll go easy on me

[icecreamempress.livejournal.com]

Even if it means blocking a fire lane for 2 or 3 minutes.

The thing about permitting any blocking of fire lanes for any length of time is that it completely defeats the purpose of the fire lane. The fire doesn't wait until people are done with their three-minute errand, and if 50 people each block a fire lane for a couple of minutes, the fire lane is blocked for a couple of hours.

[icecreamempress.livejournal.com]

That's an expensive lesson. Maybe they'll cut you a break.

However, painted curbs aren't mandatory in Somerville and they're more the exception than the norm, so I don't think you'll get too far with that line of argument.

[icecreamempress.livejournal.com]

If the driver gets out of the car, it's parking.

Re: Well, yes, I hope they'll go easy on me

[red-liner.livejournal.com]

That's a wise strategy for your hearing. Fire lanes and loading zones are opposites. A loading zone is a place where trucks or cars are encouraged to park, albeit temporarily, while a fire lane is an especially emphatic "no parking" area.

[kalimba21.livejournal.com]

Welcome to this forum.

I have stopped at that spot many times to drop off a few bags at goodwill. There is no place to pull over and if someone has a lot of stuff, it's impossible to walk it all in the rain.

If you are new in town, please be aware that beginning a few months ago, our fair city is on a rampage to ticket everyone for the maximum fine at all times. They are vigilant and virtually _never_ miss a ticketing opportunity.

If you are relatively new to the city, I would definitely go to the hearing and ask for mercy, saying that you will be much more careful in the future. Oftentimes one will get a warning the first time.

There is no way they will up the fine for "wasting their time" as one poster said. They will either accept or reject your case.

Good luck. I feel your pain.

Thanks for that reply

[sunnyschettler.livejournal.com]

I was really encouraged to read your reply. It's good to know that this rampage of ticket writing is going on -- and that a first-time offense may be given a reduced fine.

I really can't claim to be new to the city, but I haven't used a car much (if ever!) in Davis Sq because I live within a 7-min walk. It was just on that drop-off errand on a rainy afternoon that I was shocked and saddened by the super-fast citation. It will hopefully help my case that I can show them the goodwill receipt and explain the situation in person, so I'll do that in a few weeks.

Thanks again, and yes, I feel welcomed here now.

Re: Thanks for that reply

[djdreilinger.livejournal.com]

Hopefully the hearing officer will at least find it amusing that you got a ticket for blocking a fire lane during a downpour.

Re: Really...I have never seen that?

[boblothrope.livejournal.com]

See http://www.somervillema.gov/CoS_Content/documents/TrafficRegAug09.pdf , section 1-12:

"Section 1-12 Parking
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, ..."

So "no parking" means you're allowed to stop to load or unload. This is standard language included in most local traffic regulations.

[boblothrope.livejournal.com]

That's not what the law says. It's possible to violate a "no parking" rule even if you're in the car, and it's possible to obey it even if you're not. See my citation above.

That citation helps

[sunnyschettler.livejournal.com]

I'm certain now that it was OK to leave the car (in the poorly marked fire lane) for the few minutes I took (in the downpour) to unload at Goodwill. It's helpful to have the receipt from Goodwill to prove I was merely unloading and not actually leaving the car for parking.

Thanks again.