Not in Handicapped spot, ticket says I was

[KAYAKCHIK]

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

Hello
I work for a resort and the city of Sedona AZ has temporarily taken away 1/3 of our private parking in order to widen a canal. This has been going on for 4 months. As a result, my employer says we should park any way we can, including places that are not normally spaces and have lines across them. They are not in any way associated with walkways or entry ways, pedestrian or otherwise. They are the size of regular spaces and in no way impede anything by being used. I parked in one of the lined off spaces which happens to be next to a handicapped spot. I was not IN a handicapped spot, I was next to it. An officer left a ticket on my windshield stating I was parked in a handicapped spot. This is wholly untrue, as I have researched ADA regulations and what designates a spot for the disabled: Signage. However, there is no signange in the spot I used, as it generally is not a parking spot at all. I cannot imagine having my record state I took a disabled person's parking spot, that is not how my mother raised me. I can find no other definition of a disabled spot other than signage, which again, the spot I was in does not have any ADA designation, nor does it have signage for parking restrictions. I know I cannot contest my tickets based on others not receiving one, however there are several of these spots, one directly adjacent to mine, and on a daily basis, cars are parked in them. I may be able to have my employer testify to this practice of wild west parking while the city blocks off our private lot. Again, no ADA spaces were violated in this accusation.

Bottom line: Tickets says I was in a handicapped spot, but I was not. Private property or not, the city has the right to enforce ADA parking laws, however, I was not technically in a handicapped parking spot, merely next to it. The city has not jurisdiction for this type of parking, correct?

Contest, or give up and pay?

 

[not2cleverRed]

If the lined off space was lined in blue, then you were parking in a no parking area. This area is to accommodate wheelchair lifts, etc., and parking there is therefore a no no.

 

[adjusterjack]

It would help to be able to see where you parked.

See if you can bring up an aerial view of the spot on Google maps then give us a link to it.

It's possible that the marked off space was put there for handicapped people to use.

Can't tell without seeing it.

 

[HRZ]

IF there are no signs at all you may have a solid point under AZ law

IF there is a,space marked by a sign and you were in a blue strip section next to same ...you were in a handicap place , end of story .

IF there was a mangled,faded unreadable sign take good pictures ...you might have a (weak) point

 

[KAYAKCHIK]

Not Blue

The lined off spot is white diagonal lines, there is no blue paint and there is no wheelchair figure or signage. Just diagonal lines.
I would love to post a photo, but I do not have attachment permissions.
I checked google earth and the view is blurred out.

Thank you for your responses- the ticket is $180!!!

It sounds like I should go on the technicality of the ticket, and nothing else.

I have scoured the internet for ADA parking definitions- am I to assume if it is not in blue, that I should contest based on the white color?

I did take a photo, which will be electronically date stamped.

 

[justalayman]

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

Hello
I work for a resort and the city of Sedona AZ has temporarily taken away 1/3 of our private parking in order to widen a canal. This has been going on for 4 months. As a result, my employer says we should park any way we can, including places that are not normally spaces and have lines across them. They are not in any way associated with walkways or entry ways, pedestrian or otherwise. They are the size of regular spaces and in no way impede anything by being used. I parked in one of the lined off spaces which happens to be next to a handicapped spot. I was not IN a handicapped spot, I was next to it. An officer left a ticket on my windshield stating I was parked in a handicapped spot. This is wholly untrue, as I have researched ADA regulations and what designates a spot for the disabled: Signage. However, there is no signange in the spot I used, as it generally is not a parking spot at all. I cannot imagine having my record state I took a disabled person's parking spot, that is not how my mother raised me. I can find no other definition of a disabled spot other than signage, which again, the spot I was in does not have any ADA designation, nor does it have signage for parking restrictions. I know I cannot contest my tickets based on others not receiving one, however there are several of these spots, one directly adjacent to mine, and on a daily basis, cars are parked in them. I may be able to have my employer testify to this practice of wild west parking while the city blocks off our private lot. Again, no ADA spaces were violated in this accusation.

Bottom line: Tickets says I was in a handicapped spot, but I was not. Private property or not, the city has the right to enforce ADA parking laws, however, I was not technically in a handicapped parking spot, merely next to it. The city has not jurisdiction for this type of parking, correct?

Contest, or give up and pay?

the lined area is part of the parking space. It is for handicap vans to be able to unload. Yes, pay the ticket and consider yourself more knowledgeable than before this happened. your argument that there was no signage for the space you parked in would be your error. It was not a parking space. It is a loading area to associated with the actual parking space next to it. As long as that space has signage, which must include the words "reserved parking" and have the standard handicap image (the dude in the wheeelchair) it sounds like the space was properly marked.

Just so you know a handicap plated vehicle can get the same ticket you did if they park in the lined area. It is not a parking space.

 

[justalayman]

This is all I can find in Arizona law regarding marking



C. Each parking space described in this section shall be prominently outlined with paint and posted with a permanent sign that is located at least three feet but not more than six feet above the grade, that is of a color and design approved by the department and that bears the internationally accepted symbol of access and the caption “reserved parking”.

 

[justalayman]

The lined off spot is white diagonal lines, there is no blue paint and there is no wheelchair figure or signage. Just diagonal lines.
I would love to post a photo, but I do not have attachment permissions.
I checked google earth and the view is blurred out.

Thank you for your responses- the ticket is $180!!!

It sounds like I should go on the technicality of the ticket, and nothing else.

I have scoured the internet for ADA parking definitions- am I to assume if it is not in blue, that I should contest based on the white color?

I did take a photo, which will be electronically date stamped.

I find no requirement in Arizona law the paint be blue. The federal guidelines say blue paint should be used but the federal guidelines are not legal obligations. They are recommendations.

 

[HRZ]

WHere is the required sign in all this....no sign is a klller ..law mandates it .

THere is some guy running around AZ filing over 50 suits for improper handicapped parking issues ...noncompliant signage/markings may be a ticket killer

 

[not2cleverRed]

WHere is the required sign in all this....no sign is a klller ..law mandates it .

THere is some guy running around AZ filing over 50 suits for improper handicapped parking issues ...noncompliant signage/markings may be a ticket killer

OP parked next to a handicapped parking spot, as per her first post, knowingly. So the spot for the vehicle to be parked is recognizably marked as handicapped.

The area where OP parked isn't a parking space at all - it's the zone next to the parking spot to allow extra room for wheel chairs and the like to get in and out of vehicles. Even a person with handicapped plates and/or placard would be ticketed if parking where OP parked.

 

[justalayman]

WHere is the required sign in all this....no sign is a klller ..law mandates it .

THere is some guy running around AZ filing over 50 suits for improper handicapped parking issues ...noncompliant signage/markings may be a ticket killer

Op didn't say there wasn't a sign. Op said there wasn't a sign for the space she parked in. Well, she didn't park in a parking space so there doesn't have to be a sign for the attached loading area as long as there was a sign for the associated parking space.

 

[The Occultist]

To reiterate the point everybody else is making: the hashmarks next to a handicap stall is an extension of the stall and must always be kept clear. It does not need its own sign because it is part of the stall that does have the sign.

You were definitely illegally parked and the cite is good (Sedona police do not make mistakes with parking violations; they know it very well because it makes the town a lot of money off of tourists). It's unfortunate that you got tagged; in fact, odds are that if the officer knew you worked there he probably would have entered the business to give you a chance to move it instead of writing the ticket.

 

[KAYAKCHIK]

Thanks guys! I just don't like that being on my record...it makes me look like an inconsiderate self serving entitled jerk!!
I will pony up the fine and call it karma.... (how very sedona of me...)
Thank you again!!

 

[HighwayMan]

Thanks guys! I just don't like that being on my record...

On WHAT record? It's a parking ticket.