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Ridiculous parking violation?

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Mikeydoes

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

My brother got a parking violation.

What happened was: my brother dropped a friend off in a handicapped parking spot, his friend got out and my brother began to back out. At that point he began to backout(and go back to the direction on which he came), a cop then stopped him and gave him a $250 parking violation. This was the exact story.

What steps should he take to get rid of this nonsense.
 


CdwJava

Senior Member
What section was he cited for?

If the cited section covers parking or stopping in a handicapped zone, what do you THINK he can do to get out of it? A handicapped parking space is not a passenger loading zone.

- Carl
 

Mikeydoes

Junior Member
A handicapped parking space is not a passenger loading zone.
33-60B // 33-55

Well yes according to law it is, I'm sure. But the fact of the matter is, anyone with any type of a brain realizes that it is bullcrap.

Also, is it illegal for a cop to block him in as he pulls out?
 

CdwJava

Senior Member
Well yes according to law it is, I'm sure. But the fact of the matter is, anyone with any type of a brain realizes that it is bullcrap.
Well, it is the law that will decide the issue not what you or I or anyone else might think of the law.

The sections you cited appear to be a municipal code and not part of the IL Compiled Statutes. Perhaps you can indicate the jurisdiction in which he was cited?

As for the state codes, 625 ILCS 5/11‑1301.3 prohibits the parking of vehicles in spaces designated for use with a disabled placard, but 625 ILCS 5/1-156 defines parking as:

Sec. 1‑156. Park or Parking.
Means the standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers.
(Source: P.A. 76‑1586.)
So, it would seem that in your state disabled parking spaces can be used as passenger loading zones ... as odd as that may seem to many of us.

However, since it would appear he was cited for a local municipal code, this may change the equation and prohibit even stopping or standing in such a place.

Also, is it illegal for a cop to block him in as he pulls out?
Certainly. Why wouldn't it be? If the officer can lawfully detain a person, he can certainly block his vehicle.

- Carl
 

justalayman

Senior Member
are the ordinances for whatever municipality that issued this ticket online. As Carl said, without access to those ordinances, we have no way to find out the answer you want.

In some states, what you did is illegal. In a state controlled area of Illinois, it appears it is not. In your area, apparently there is a municipal code that is applicable. We don;t have that code.
 

Mikeydoes

Junior Member
I logged on my bro's thing, I'm the person that got it. On the ticket the website it gives is City of Champaign The Ordinance Code numbers he circled are 33-55 and 33-60(b). It was in my private property apartment complex and raining and there was a shooting so i dropped him off to the closest and only open spot which NO ONE ever uses. I dont know if the fact that there was a shooting this same week at the apartment complex would make the case better for me getting him as close to his apartment as possible?

I was trying to find the law, but I couldn't see it. All i could find is
Handicapped Parking
In compliance with Illinois State regulation, handicapped parking is permitted only when the handicapped person is present, the vehicle is being used for his/her transportation, and the handicapped parking permit is displayed. In compliance with the State regulation, the City's fine for violating this ordinance is $250.

http://www.municode.com/resources/gateway.asp?pid=10520&sid=13 I dont know if that is a good website or the right one, im not good at looking through all the stuff?
 
Last edited:

CdwJava

Senior Member
Yes, that was a good link ...

Sec. 33-55. Handicap parking.
(a) No person who is not handicapped shall park any vehicle in any parking space which has been designated as handicapped parking. A vehicle driven by, or carrying as a passenger, a handicapped person may be parked in a space designated as handicapped parking if the vehicle displays any of the following:
(1) Current state registration plates for handicapped persons;
(2) State authorized decals or devices for handicapped persons;
(3) City certificate issued prior to August 22, 1984, until the certificate expires on its own term or until December 31, 1984, whichever date occurs first; or
(4) Any current decal or device issued by any unit of local government other than the City.
(b) For the purposes of this section, a handicapped person is a natural person who is unable to walk two hundred (200) feet or more unassisted by another person or without the aid of a walker, crutches, braces, prosthetic device or a wheelchair or without great difficulty or discomfort due to the following impairments; neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb or limbs.
(c) Certificates issued by the City Clerk prior to August 22, 1984, shall continue in force until the date of expiration listed on the certificate or until December 31, 1984, whichever date occurs first. Permanent certificates shall expire on December 31, 1984.
(d) A vehicle driven by, or carrying as a passenger, a handicapped person, is not subject to the time limitations on parking set out in his chapter or other codes or ordinances of the City where that vehicle displays any of the items set out in subsection (a) of this section.
(C.B. No. 81-61, § 1, 5-19-81; C.B. No. 84-156, § 1, 8-7-84)
State law references: Handicapped parking, 625 ILCS 5/11-1301.1
And ...

Sec. 33-60. Parking vehicles on private property.
(b) Any person who is not handicapped, and who parks a motor vehicle in a parking space on private property designated as handicapped parking, shall be deemed to have parked without the permission of the owner of the private property. However, such permission shall be presumed to a vehicle bearing any of the decals or devices listed in section 33-55, where such vehicle is driven by, or carries as a passenger, a handicapped person as defined in section 33-55.

And section 33-1 defines parking:

Park or parking shall mean the standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers.
So ... the same definitions would appear to apply. In that case, I'd say that the only way you are guilty of the offense would be if the officer can articulate that you delayed or were otherwise not actively engaged in the loading or unloading of passengers.

It is possible that there is case law that refines this somehow, but it is more likely that the officer was operating under a misconception of the legal definition of "parking".

- Carl
 

justalayman

Senior Member
in the link; section 33-1 definitions:

Park or parking shall mean the standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers.
Sec. 33-55. Handicap parking.
(a) No person who is not handicapped shall park any vehicle in any parking space which has been designated as handicapped parking. A vehicle driven by, or carrying as a passenger, a handicapped person may be parked in a space designated as handicapped parking if the vehicle displays any of the following:
(1) Current state registration plates for handicapped persons;
(2) State authorized decals or devices for handicapped persons;
(3) City certificate issued prior to August 22, 1984, until the certificate expires on its own term or until December 31, 1984, whichever date occurs first; or
(4) Any current decal or device issued by any unit of local government other than the City.
(b) For the purposes of this section, a handicapped person is a natural person who is unable to walk two hundred (200) feet or more unassisted by another person or without the aid of a walker, crutches, braces, prosthetic device or a wheelchair or without great difficulty or discomfort due to the following impairments; neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb or limbs.
(c) Certificates issued by the City Clerk prior to August 22, 1984, shall continue in force until the date of expiration listed on the certificate or until December 31, 1984, whichever date occurs first. Permanent certificates shall expire on December 31, 1984.
(d) A vehicle driven by, or carrying as a passenger, a handicapped person, is not subject to the time limitations on parking set out in his chapter or other codes or ordinances of the City where that vehicle displays any of the items set out in subsection (a) of this section.
(C.B. No. 81-61, § 1, 5-19-81; C.B. No. 84-156, § 1, 8-7-84)
State law references: Handicapped parking, 625 ILCS 5/11-1301.1
Sec. 33-60. Parking vehicles on private property.

(b) Any person who is not handicapped, and who parks a motor vehicle in a parking space on private property designated as handicapped parking, shall be deemed to have parked without the permission of the owner of the private property. However, such permission shall be presumed to a vehicle bearing any of the decals or devices listed in section 33-55, where such vehicle is driven by, or carries as a passenger, a handicapped person as defined in section 33-55
.

well, based upon your description of how things happened, you can simply argue you did not park as defined under 33-1 of the chamaign muni code but were only unloading a passenger.

If the officer argues you sat there for any length of time not neccessary to unload the passenger, you are going to have to convince the judge you were only unloading
 

Mikeydoes

Junior Member
So, i can just argue that i wasn't parked or standing in the spot because i wasn't waiting for any period of time? And loading or unloading is considered like groceries things? The whole thing happened in less than 30 seconds that's pretty rediculous.
 

justalayman

Senior Member
Mikeydoes;2093968]So, i can just argue that i wasn't parked or standing
don't try to argue the standing. That is opening a can of worms that may cause you problems with definitions. The statute states you cannot park and as defined, you did not park. That is your argument.

And loading or unloading is considered like groceries things?
again, do not get into things that are not a part of your situation. You have a very simple description of "parking" and you are specifically excluded from parking, which is what the ticket is for. You did not park, therefore the ticket is improper. The defintin specifically excludes loading and unloading from its definition.

The simple arguement is;

you pulled into the spot; your passenger opened the door immediately upon stopping and exited the vehicle; you backed out of the spot, or attempted to until blocked by the police officer. (with the idea this is actually what happened). Based upon that, you did not park but were unloading a passenger which is specifically exlcuded from Champaigns definition of "parking"

Don't get into tangents and what if's and could be's.

The only arguement the officer can have that makes it a legit ticket is you stayed in the space long enough while not actually discharging the passenger for him to consider it to be parking rather than unloading. Be prepared for that and if true, the ticket is legit.

Take at least 3 copies of each germane section of the statutes/ordinances with you.

One for you, 1 for the judge, 1 for the prosecution, and maybe even 1 for the officer.
 

Mikeydoes

Junior Member
Ok, will do. Thanks for all the advice, if I have any furhter questions I'll be sure to ask. I appreciate all the help!
 

CdwJava

Senior Member
As a rule of thumb, try not to use disabled parking locations as loading zones ... it may technically be legal, but it also tends to gain frowns from people who truly need to use them.

- Carl
 

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