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in the park after close is there a way to get out of the ticket

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chuwy

Junior Member
What is the name of your state (only U.S. law)? Oregon
so my girl freind and i decided to go to the park and we got a ticket for being in the park after its closed and i even asked the officer if there was a sign comeing in or even near were we were and he said there was not. there was no sign coming in at all or even leaving, i had no idea what time or that it even did close. is there a way to get out of the ticket since there was no sighn to be seen?
 


justalayman

Senior Member
it would make it arguable. Without more information, it is impossible to say with any certainty though. Did the officer suggest how you were to know what time the park closed?
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Oregon
so my girl freind and i decided to go to the park and we got a ticket for being in the park after its closed and i even asked the officer if there was a sign comeing in or even near were we were and he said there was not. there was no sign coming in at all or even leaving, i had no idea what time or that it even did close. is there a way to get out of the ticket since there was no sighn to be seen?
**A: is this a city, state or federal park?
 

hobs

Junior Member
From most parks I've been to (in Michigan , California , north Carolina , Tennessee , Florida) the hours are dusk to dawn. (this may be a good rule of thumb to follow next time.) unless it is intended for overnight stays. without knowing for sure I'm assuming this is not the case from what you have told us. you may (repeat, may) be able to plead you case for not knowing due to no postings however there is a little phrase that says "ignorance of the law does not excuse".
you said there is no signs posted right? take pictures to show there is no postings.you may have a chance, who knows. word of warning!!! some cities,counties, and/or states have a provision that says if you fight and lose you may be subjected to additional penalties and court cost. ( something to think about )
Was this a public park or Private? ( just curious )
 
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chuwy

Junior Member
Oregon is the state and medford is the city and it was a city park. the officer did not ask if i new the park was closed all he asked when he first came up was what areyou doing in the park after close and then he said that the park clsed at 10:30 before i could even answer
 

justalayman

Senior Member
well, per their ordinances, yes, they close at 10:30 pm

5.255 Hours of Park Closure (1) No person shall be in Prescott Park, any other city public park, the I.O.O.F./Eastwood Cemetery or vehicle parking area of those parks or cemetery at any time between the hours of 10:30 p.m. and 6 a.m., except that this section shall not apply to: (a) pedestrians crossing the Mini Park or Library Park on a paved path; (b) participants or spectators of an athletic contest in park areas lit by park flood lights for those contests; (c) persons attending a scheduled event in a park or park building designated for community recreation or instruction; (d) city employees or other government employees during the course of official activities. (2) Violation of this section constitutes a violation. Amd. Ord. No. 5994, Oct. 15, 1987; Amd. Ord. No. 2000-39, March 2, 2000; Amd. Ord. No. 2000-45, March 16, 2000.]
whether you can argue a lack of public notification compared to their claim that you are bound by the ordinances due to the publication of the ordinances at the time of ratification is adequate notice is something you will have to figure out in court, I fear.

Personally, I believe the lack of a sign should be adequate to argue your position. It is unreasonable for a person to research and commit to memory all of a cities ordinances. When the issue is simply something as arbitrary as a time limit, there should be a requirement of a claim of proof the offender had knowledge, or at least was presented with the information, in some manner (other than researching every ordinance in existence).

If it doesn't cost you, why not at least try to make the argument that there was a lack of proper notification?
 

Jendor

Member
Safety-wise, it's probably better NOT to be at park after 10:30 p.m. Luckily for you it was an officer and not a murderer, etc.

IMO, if you try to contest the ticket, such as what Justalayman said above "If it doesn't cost you, why not at least try to make the argument that there was a lack of proper notification? " - Just remember to be polite and not argumentative while doing so as well. 'You gather more bees with honey than vinegar'

Good Luck
 

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