Citation for violating "Wheel Tax" on private property

[pmd70]

What is the name of your state? Illinois

Cook County (sometimes known as Crook County) here in the Chicago arae has something called a "wheel tax". You have to display a window sticker noting you payed the tax.

I was cited for violating this ordinance (section 74-552) the other morning (4 AM) when I saw an officer on my private driveway leaving a ticket on my vehicle.

Here is the ordinance. --> [url]http://library2.municode.com/12156/home.htm?view=home&doc_action=setdoc&doc_keytype=tocid&doc_key=8bd50f26fc3a35f2c08e2716da8367a2[/url]

Note in section 74-567, Right to inspect
"The Cook County Sheriff's Police are hereby authorized to issue citations to any vehicle registered to an address in unincorporated Cook County on the public way in unincorporated Cook County that is not displaying a Cook County vehicle sticker and furthermore, officers of the Cook County Sheriff's Police shall have the authority to enter the following places for purposes of ascertaining whether vehicles parked therein are in compliance with this article and issue citations accordingly:
(1) Any parking lot that is open to pedestrian traffic."

I wish to challange this based on the fact that my driveway is not part of the public way or open to pedestrain traffic. Do I have a case? Thank You.

[tholt4]

Any parking lot that is open to pedestrian traffic

Did the officer walk up to the vehicle? The ordinance doesn't make any reference to the parking lot being publc. Although you may not consider your private drive as being a parking lot, I bet the city does.

[pmd70]

Originally Posted by tholt4

Did the officer walk up to the vehicle? The ordinance doesn't make any reference to the parking lot being publc. Although you may not consider your private drive as being a parking lot, I bet the city does.

Yes, I saw on bright light in my driveway and got out of bed to see what was going on. I looked out the window and a Policed officer was on my driveway (on my property) looking in the window with a flashlight to see if my vehicle had a sticker.

The ordinace references "Any parking lot that is open to pedestrian traffic". Not sure how my private driveway is a "parking lot open to pedestrian traffic".

[Zigner]

Originally Posted by pmd70

Not sure how my private driveway is a "parking lot open to pedestrian traffic".

Well - it's parked...and a pedestrian walked up to it. I'm not clear why you are so confused...