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NYC Fire Hydrant Ticket - Is logic a defense

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galligator

Junior Member
What is the name of your state (only U.S. law)? New York City

Hello, I have an argument for my ticket that involves logic, i was wondering if a judge would actually consider this a defense:

I parked 8' 2" from a fire hydrant today (ticket says 8'), and was given a summons for parking within 15 ft of a hydrant.

A typical fire engine is <30' long, so the law accounts for this by prohibiting parking 15' on each side of the hydrant (4-08(e)(2) NYC). In my case, an intersection was on one side of the hydrant (about 40 ft) and my car was roughly 8' from the other side. This would allow over 45' for any emergency vehicle (no parking between intersection and hydrant), 60% more than required by the fire hydrant parking code.

Does anyone think this defense will hold water? If not, would the fact that the officer didn't properly measure the distance between my car and the hydrant have any chance of getting this dismissed?

Thanks everyone
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York City

Hello, I have an argument for my ticket that involves logic, i was wondering if a judge would actually consider this a defense:

I parked 8' 2" from a fire hydrant today (ticket says 8'), and was given a summons for parking within 15 ft of a hydrant.

A typical fire engine is <30' long, so the law accounts for this by prohibiting parking 15' on each side of the hydrant (4-08(e)(2) NYC). In my case, an intersection was on one side of the hydrant (about 40 ft) and my car was roughly 8' from the other side. This would allow over 45' for any emergency vehicle (no parking between intersection and hydrant), 60% more than required by the fire hydrant parking code.


Does anyone think this defense will hold water?
I won't address this asinine line of "logic"

If not, would the fact that the officer didn't properly measure the distance between my car and the hydrant have any chance of getting this dismissed?
THIS I will address. Are you kidding?!? the distance written on the ticket was just a smidge over 2% off - and you were STILL, by your own admission, nearly 45% closer to the hydrant than you should have been! Seriously, that has got to be the most ridiculous argument I've heard :rolleyes:

Thanks everyone
You're welcome.
 

galligator

Junior Member
the legislature already considered your arguments when they made the law...
by that argument:

if it is past sunset and i am waiting for a light to change and there is a fire hydrant next to my stopped car, i could be ticketed under the same section. or if it is past sunset and i am pulling out of a private drive adjacent to a fire hydrant and stop to check traffic i could be ticketed, or if i am stuck behind a garbage truck, or a fuel truck, etc.. If every exception had to be written into the law, there would be an entire book dedicated to stopping in proximity to a fire hydrant.

My argument is that the clearance for emergency vehicles is available, so there is no threat to public safety- which, i would hope would be the intent of this law.

If you don't think my defense would work, would the fact that the officer inaccurately stated the distance on my ticket would?

i apologize if my post sounds smug, but come on, $115 for http://i43.tinypic.com/jajajq.jpg
 
Last edited:

FlyingRon

Senior Member
Stopped in traffic in the traffic lane is not parked.
I believe the NYC hydrant laws actually allow you to attend a car stopped at a hydrant.

The 45 feet on the other side is immaterial. The fire engine needs to be able to get with 8 feet of the large diameter connection at the most. Sometimes this is done from the side, sometimes this is nose in. In either case, it practically requires clearance on both sides of the hydrant.
 

galligator

Junior Member
Stopped in traffic in the traffic lane is not parked.
I believe the NYC hydrant laws actually allow you to attend a car stopped at a hydrant.
The statute says stopped, not parked... and you can only be stopped next to a hydrant between sunrise and sunset, anytime after sunset you are subject to ticketing.

Upon further reading, ticket must be in accordance with §39-02 Notice of Violation (Summons).

*Ticket does not contain registration expiration, nor is it described

*Information is misdescribed (8' instead of 8' 2").

I would have no problem paying it if it was an issue of public safety, but this ticket's only purpose is to generate revenue, isnt my NYC income tax + 8.875% sales tax enough? 77 w 66th st - Google Maps shows the amount of space available for emergency vehicles, more than what you would get for a hydrant located mid-avenue. The worst part is that my car was only waiting on this side so that the street cleaner could pass.
 

You Are Guilty

Senior Member
I've only posted this a few dozen times, but there is certain information which needs to be correct on a NYC parking citation. Lack of full registration expiration date (they like to leave off the day), is one of them. I am 99% sure I have multiple posts about fire hydrant tickets as well, so even a tiny attempt at searching the old posts here should provide all the answers you need.

And incidentally, if you park that close to a hydrant, don't complain when you come back to your car to find this:
http://i14.photobucket.com/albums/a317/worthchops/hydrant_04.jpg
 

Just Blue

Senior Member
I've only posted this a few dozen times, but there is certain information which needs to be correct on a NYC parking citation. Lack of full registration expiration date (they like to leave off the day), is one of them. I am 99% sure I have multiple posts about fire hydrant tickets as well, so even a tiny attempt at searching the old posts here should provide all the answers you need.

And incidentally, if you park that close to a hydrant, don't complain when you come back to your car to find this:
http://i14.photobucket.com/albums/a317/worthchops/hydrant_04.jpg
Thank You, YAG. I will update the NY Post to this as well.:p:p
 

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