Handicap Parking Ticket - PA

[Nick Name]

What is the name of your state? PA

I received a $300 parking ticket from the City of Philadelphia(not the parking authority) on Chestnut St in Philly a few weeks ago for parking in a supposed handicap space. The only indication that this space was handicap was that the meter was painted blue and a little shorter than the others. The lines were not blue, the curb was not blue and there was no sign that I could see. (I was oblivious to the fact that it was a handicap spot; otherwise I wouldn't have parked there - I've never knowingly done so.)

I've done some very brief research and the things that I've found that may help if I decide to fight the ticket include:

From Title III(which applies to businesses who receive federal funding) of the American Disailities Act(ADAAG) Acessibility Guidelines:
III- 7.4400 Signage (ADAAG §4.1.2(7)). Requirements for exterior signs are essentially the same as those for interior signs (see §4.1.3(b) below). The international symbol of accessibility must be used to indicate accessible parking spaces; accessible passenger loading zones; and accessible entrances and toilet facilities, if all are not accessible.

And from the UFAS( which states it's purpose as:The document embodies an agreement to minimize the differences between the standards previously used by four agencies (the General Services Administration, the departments of Housing and Urban Development and Defense, and the United States Postal Service) that are authorized to issue standards under the Architectural Barriers Act, and between those standards and the access standards recommended for facilities that are not federally funded or constructed.):

4.6.3* PARKING SPACES. Parking spaces for disabled people shall be at least 96 in (2440 mm) wide and shall have an adjacent access aisle 60 in (1525 mm) wide minimum (see Fig. 9). Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with 4.3. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 in all directions.
EXCEPTION: If accessible parking spaces for vans designed for handicapped persons are provided, each should have an adjacent access aisle at least 96 in (2440 mm) wide complying with 4.5, Ground and Floor Surfaces.
4.6.4* SIGNAGE. Accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility (see 4.30.5). Such signs shall not be obscured by a vehicle parked in the space.



Does anyone know if/how these apply? Am I on the right track for a defense against this ticket? Are these standards current? Is there an alternate/better direction where I should be looking? Or is this not even worth fighting?


Thanks in advance!

 

[Nick Name]

State specific statute

In addition, I just located the following Pennsylvania law:

75 Pa.C.S.A. § 3354. Additional parking regulations (a) Two-way highways. - Except as otherwise provided in this section, every vehicle standing or parked upon a two-way highway shall be positioned parallel to and with the right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder. (b) One-way highways. - Except as otherwise provided in this section, every vehicle standing or parked upon a one-way highway shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or, in the absence of a curb, as close as practicable to the left edge of the left-hand shoulder. (c) Angle parking. - Local authorities may permit angle parking on any highway after an engineering and traffic study has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic, except that on a State-designated highway prior approval of the department shall also be obtained. (d) Handicapped persons and disabled veterans. - (1) When a motor vehicle bearing a handicapped or severely disabled veteran plate or displaying a handicapped or severely disabled veteran parking placard as prescribed in this title is being operated by or for the transportation of the handicapped person or severely disabled veteran, the driver shall be relieved of any liability for parking for a period of 60 minutes in excess of the legal parking period permitted by local authorities except where local ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon or evening hours. (2) At the request of any handicapped person or severely disabled veteran, local authorities may erect on the highway as close as possible to their place of residence a sign or signs indicating that place is reserved for the handicapped person or severely disabled veteran, that no parking is allowed there by others, and that any unauthorized person parking there shall be subject to a fine. (3)(i) Except for persons parking vehicles lawfully bearing a handicapped or severely disabled veteran registration plate or displaying a handicapped or severely disabled veteran parking placard when such vehicles are being operated by or for the transportation of a handicapped person or a severely disabled veteran, no person shall park a vehicle on public or private property reserved for a handicapped person or severely disabled veteran which property has been so posted in accordance with departmental regulations which shall require a sign stating the penalty amount indicated in subsection (f), a sign indicating that vehicles in violation of the subsection may be towed and require that signs be replaced when they become either obsolete or missing with all costs to replace the necessary signs to be borne by the persons responsible for signing the particular location. Any vehicle which is unlawfully parked in a designated handicapped parking area may be removed from that area by towing and may be reclaimed by the vehicle owner upon payment of the towing costs. (ii) Local authorities shall have the power and may, by ordinance or resolution, authorize handicapped persons and severely disabled veterans to issue statements to violators or violating vehicles for violation of subparagraph (i). The form of the statement shall be as prescribed by the local authorities. (e) Unauthorized use. - An operator of a vehicle bearing a handicapped or severely disabled veteran plate or displaying a handicapped or severely disabled veteran parking placard shall not make use of the parking privileges accorded to handicapped persons and severely disabled veterans under subsection (d)(3) unless the operator is handicapped or a severely disabled veteran or unless the vehicle is being operated for the transportation of a handicapped person or severely disabled veteran. (f) Penalty. - Any person violating subsection (a), (b) or (d)(1) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $15. Any person violating subsection (d)(2) or (3) or (e) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $200. (g) Special penalty; disposition. - (1) In addition to any other penalty imposed under this section, any person who is convicted of violating subsection (d)(2) or (3) shall be sentenced to pay a fine of $50. (2) All fines collected under this subsection shall be disposed of as follows: (i) Ninety-five percent shall be paid to the Department of Revenue, transmitted to the Treasury Department and credited to the Department of Public Welfare for use for the Attendant Care Program. (ii) Five percent shall be paid to the municipality in which the offense occurred.
Would this be a better tool?

 

[Nick Name]

Philadelphia Code

And Philadelphia's own code states:

(b) After an investigation has been completed by the Department of Health and approved by the Department of Streets with regard to practicality and feasibility of traffic operations, the Department of Streets shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons or severely-disabled veterans, that no parking is allowed there by others, and that any unauthorized person parking in a reserved space is subject to the penalty provided for in this Section.

For the complete text, see http://www.phila.gov/philacode/html/_data/title12/CHAPTER_12_1100_MISCELLANEOUS_/12_1117_Physically_Handicapped.html

 

[Miss Smith]

Well color me clear and call me Saran wrap

Whatever I guess you had a good time talking to yourself. Will You let us know how it turns out or will You turn out like my Brother .. You know George Smith who said he married a Miss America and yet when my friend tried to Google her ( I am afraid to Google sounds fresh or something) Anyhow.. there was no mention of this woman.

Next I hear she, well she fell on hard times let us say. Miss USA wantabe has 4 kids and my bro is doing his best by them while she is working behind a Clinique counter at Macys or what was Macys... the whole world done turn around.. Is it still Macys?

Well., Whatever... I like gossip like I like my hip pain but anyways ( shhhhhh let me know)