ticket in small town NYS "no 2am -6am parking" NOT posted anywhere.. beatable?

ticket in small town NYS "no 2am -6am parking" NOT posted anywhere.. beatable?

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

I received a parking in the City of Batavia, NY for "no parking between the hours of "2am-6am" Being that I live in the city of Buffalo, I always look for parking signs, etc. there was nothing. after the ticket, I explored the whole city,(Including filming the whole route from the highway exit I took to where i parked.) I could not find any signs that stated this. Does this have to be a posted item to be enforceable? How is someone from out of town supposed to know that there is no parking at those hours?

thanks for any and all help.

Looks like its under s. 178-13 "All-night parking"

The parking of vehicles is hereby prohibited on all highways within the City of Batavia between 2:00 a.m. and 6:00 a.m.

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Generally, they would need to post sign(s) to advise of the restriction, but then when I found out the ticket is only $25, I realized my time is worth more than that, so you can finish the research yourself
http://ecode360.com/?custId=BA1824&guid=8977290&j=23

Good luck.

Cruciform said:

Does this have to be a posted item to be enforceable? How is someone from out of town supposed to know that there is no parking at those hours?

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Were you visiting someone? Staying at a hotel? And they didn't tell you?

In my town we have the same regulation, and it's posted on all the major routes into the city. Of course, people never notice the signs until they get a ticket. Then they see them everywhere.

You Are Guilty said:

Generally, they would need to post sign(s) to advise of the restriction, but then when I found out the ticket is only $25, I realized my time is worth more than that, so you can finish the research yourself
eCode360
Good luck.

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There may very well be signs, just not on every street of course (that would be silly).

OP, did you call the issuing entity and ask about the ordinance? If you haven't gotten an overnight citation before, for instance, we reduce the first one to a warning. Might be worth a try.

One stubborn wag took our overnight parking ordinance all the way to the state Supreme Court, which ruled that if you live in, work in, or frequent the city, you're responsible for knowing the parking ordinances and found him guilty. Quoting that case sure saves me a lot of arguments.

patstew said:

Were you visiting someone? Staying at a hotel? And they didn't tell you?

In my town we have the same regulation, and it's posted on all the major routes into the city. Of course, people never notice the signs until they get a ticket. Then they see them everywhere.

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I was visiting someone who had recently moved there, and did not know about the law. I was angry, becasue I know I looked when I got off the highway for any type of sign, and there was nothing. I also checked on my way back. I have video on my phone, and video taped from where I was parked to the highway, and then back from the highway to where I was parked, and there are no signs. I'm going to put it on a DVD, and send it to the court, with a copy of what you sent me to protest. I'm laid off right now, so I have time to fight this, and if it prevents others from getting tickets, or makes them put up signs, then I've done my job.

thank you very much for the help!

Cruciform said:

I'm laid off right now, so I have time to fight this

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And the money for a lawyer and court costs?