Ticket for parking IN my yard

[brlady70]

What is the name of your state? Louisiana

I lived in the same unrestricted neighborhood since 1977. I have been a home owner in this neighborhood for 11 years. My home has a single car carport and a single driveway. This morning my husband arrived home at 4:30 am after working an 18 hour shift and parked in OUR yard mostly off the driveway so I could leave for work this morning with out disturbing him while he slept. When he left for work this afternoon he found a ticket on his windshield for violation of municipal code 11:415.22

Here is the code (thoughtfully enacted this past July to protect the country club neighborhood down the road) Sec. 11:415. Stopping, standing or parking prohibited; general rules.
(a) No person shall stop, stand or park a vehicle, or permit a vehicle registered in his name to be stopped, standing or parked, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a law enforcement officer or traffic-control device, or parking-control device in any of the following places:
(1) On a sidewalk;
(2) In front of or blocking a public or private driveway;
(3) Within an intersection;
(4) Within fifteen (15) feet of a fire hydrant;
(5) On a crosswalk;
(6) Within twenty-five (25) feet of a crosswalk or curbline at an intersection;
(7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
(8) Between a safety zone and the adjacent curb or within twenty (20) feet on points on the curb immediately opposite the ends of a safety zone, unless the department of public works has indicated a different length by signs or markings;
(9) Within fifty (50) feet of the nearest rail of a railroad crossing;
(10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance (when properly signposted);
(11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(14) At any place where official signs prohibit such;
(15) On the driver's left-hand side of any two-way street or highway;
(16) At any place where the curb has officially been painted red;
(17) Within any zone or officially marked place designated as a fire lane at all schools, hospitals, churches and other places of public assembly, as well as commercial and shopping facilities, and apartment complexes;
(18) Within a lane of traffic that is clearly marked by lines to identify it as a lane for the movement of traffic;
(19) Any place where parking will obscure or obstruct visibility of any traffic-control device;
(20) Upon the traveled portion of any roadway except to yield to other traffic, or as directed by a signal or sign, or as directed by a law enforcement officer;
(21) Alongside a neutral ground curb;
(22) On the grass in a yard between the residence and the street of any lot in the A1, A2, A2.5, A3 or A4 districts and in recognized subdivisions in the rural district.
(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
(Ord. No. 7504, § 22, 4-25-84; Ord. No. 12725, § 1, 8-25-03; Ord. No. 13688, § 1, 7-26-06)


Of course, my neighbor who was parked similarly was not ticketed, nor the sheriff deputy on the corner, or his neighbor... i took pictures all afternoon of the same violations that were not ticketed.... Do I have any grounds to fight this or am I subject to a fine everytime I park in MY yard?What is the name of your state?

[Zigner]

Whether or not your neighbors broke the law has no effect on the fact that you broke the law.
My suggestion - don't park illegally.

[wirry1422]

Well, from what you have said, it appears you did indeed violate the municipal ordianance as written. (and it is true that whether or not your neighbors were cited or not is irrelevent to your case). However, this may be a case where the municipal code itself is illegal. The code may in fact be in conflict with established state law or could possibly be construed to be unconstitutional under the state's constitution. But you will need to first dispute the ticket. Then once you loose the case at the local level based on the merits of the case, you can then appeal to the higher court based on the illegality of the law. You will need to talk to a constitutional law lawyer first for solid legal advice.