Ask The Parking Ticket Geek
Mr. Geek,
I recently received a citation for Improperly Displayed City Sticker.
Which was given for a good reason there was not one on the windshield and the car is registered to an address within the city limits of Chicago.
I have been living in New Orleans for the past 6 months working for the federal government, and yes my car was with me. While there I had an apartment, obtained a Louisiana State ID, and even obtained a New Orleans residential parking/city sticker so that I could park my vehicle within the City limits of New Orleans.
So my job ended and I moved back to Chicago around the 20th of December. I was cited 01/05/11. I was wondering if I would fall within the 30 day grace period for new residents to Chicago?
What you think do I have a good argument?
Colin
What a nice warm welcome Mayor Daley gave you on your return to the Windy City Colin!
But based on your circumstances, your documentation from New Orleans and your time line, I don’t see why this wouldn’t work to have the city sticker is dismissed.
Three suggestions.
1-Get your city sticker right away (you’ve probably done this already).
2-Have the hearing in person so you can explain this complex situation. A letter may work, but chances are lower.
3-Bring in all that documentation you spoke of into the hearing. It will be the thing that wins the day.
Thanks!
The Geek
Dear Ticketmeister:
I ride a motorcycle 95% of the time (yes, even when its 21 degrees outside).
Since the powers-at-be in Chicago have decided to take the low road of being unfriendly to two-wheeled transportation by not providing specific spots for motorcycles to park, along with differential rates – I’ve made it my person mission to avoid paying for parking whenever possible.
In regards to the photo I’ve attached (see above) am I “legal” (or at least not illegal) to park outside of the “Pay for Parking” signed areas, as demonstrated in the photo attached? On the other side of the alley in the photo, there is another parking sign, pointing the opposite direction, with a similar “buffer” between the post and the corner.
Let me know, k?
Brad
Let me say I really like you Brad.
You are thinking outside the box, or perhaps, outside the parking spot.
I think you’re parked legally.
But just barely.
As long as there’s not a No Parking sign at any locations like this AND, not blocking or impeding traffic coming in and out of the alley, I don’t see how you should be legally ticketed.
I would try to move over a few inches to the right so there’s no question you’re not in the metered zone, just to be safe.
I should also warn you that you are probably going to get a few tickets this way from either stupid and don’t understand the law or hardass types who have a problem with you finding this parking loophole.
The only other danger is the possibility of getting clipped by some idiot driver trying to take a turn in or out of the alley. You take that risk parking there.
Keep it up Brad. I’m a fan of your creative thinking.
The Geek
Geek,
I was driving home from work the Tuesday night of the blizzard and got stuck one block from my house.
We had to push my car to the side of the road. My car was in a legitimate parking spot but facing the wrong way because I could not move it in the snow. The next morning I was ticketed for abandoned vehicle and obstructing snow removal at 7:57am.
Is there anything I can do? I have a hearing set up. Ticket was $100 bucks, $25 to release my vehicle and $260 for the tow.
Sean
Here’s the problem Sean.
On one hand, your car was technically in violation. From your description, it sounds like you may have been on a major thoroughfare and thus in violation of the 2″ snow ban.
On the other hand, it’s an act of God and you had very little control over the situation.
But when it comes to Daley getting and/or keeping his money, even God’s not going to get in the way.
I think your only hope is a two fold defense.
First, from my understanding, your car should not have been towed to the auto pound. The 2″ snow ban is not supposed to result in a trip to the auto pound–at least that’s not the stated policy of Streets & Sanitation. Tow trucks are just supposed to relocate vehicles in situations like this, at least according to S&S spokesperson Matt Smith.
But then again, this may not have been possible due to all the snow.
Blow in a call into Streets & Sanitation to get some sort of definitive answer–something you can bring to a hearing a evidence.
Second, I think you just blame everything on this act of God and leave it at that.
What other defense could you employ?
Your situation is so unique. It only happens once very 10-20 years, so I honestly don’t have any sort of easy answer for you.
Beg for mercy due to Snowpocalypse 2011.
Sorry, that’s all I got.
The Geek
Mr. Parking Geek,
I live in the Near North area which is very expensive and annoying to park in.
In front of many area restaurants there are signs for valet parking companies which appear to prohibit parking. Do these restaurants, or more likely their valet service, really own the parking all day in these areas?
I know it is a bad idea to mess with the valet companies but wanted to understand what the law says.
Would love to hear your advice.
Thanks.
Dan
The restaurants which have valet loading zones in front of their establishments do not “own” those spots Dan.
However, these joints and/or the valet company pay an annual fee to utilize the public way in this manner.
Valet parking spots are regulated by the times on the signs. Not the signs the valet guys drag out, but the permanent posted signs.
If a valet parking sign says 5 PM – 11 PM, then you or I can park in that spot outside of that time period.
But again, there needs to be a sign posted–a fixed metal sign.
If no sign, no valet zone.
I hear stories of valets illegally putting up temporary signs, but never have been able independently confirm this myself.
Thanks Dan.
The Geek
Ask The Parking Ticket Geek is a semi-regular parking ticket advice column.
If you have a question for The Parking Ticket Geek, please e-mail the Geek with your query at:askthegeek@theexpiredmeter.com
Colin:
It would depend on 2 factors:
Did you change your vehicle plates from Illinois to Louisiana when you got your State ID there? If you did, Did you get a Temp Illinois Plate or Perm Plates when you moved back to Chicago? If you didn’t get a Temp Plate, when the Police/Clerks office/PEA’s run a perm Illinois Plate, all we are told is City or Suburb. Temp Plates come back with a Date of Issuance…eg: “Issued 1/15/11…expires 4/15/11…Chicago Plate”
If you never Changed Plates from Chicago to Louisiana, then the city of residence never changed legally on the vehicle and you are legally liable for the citation and payment.
Brad:
Its a nice thought…However…
09-64-200(b) Outside Metered Space as designated by pavement markings
The Pay and Display sign is now considered to be the New Pavement marking and as such the Police Department can Issue a Ticket for not having a Receipt. Note I say the POLICE Department.
But I’m curious…why would the City Designate a Different Rate for Meters for MCY plated vehicles than that of a 3 or 4+ wheeled Vehicle?
Sean:
You got ticketed Wednesday Feb 8th? The City of Chicago Suspended Parking Enforcement due to the Blizzard Tuesday, Feb 7th. Point that out to the ALO. However…after 7 business days, you lost the Right to Contest the Ticket. But Try anyways.
Dan,
If you see a odd valet sign….one that is NOT perm attached to a Street Pole..
Call the Department of Consumer Services and report it.
312.744.6060
You are mistaken DoR. The city wants their money in 7 days. You will get 21 days from date of ticket.
I think DoR makes a good point in regards to the city sticker question.
What DoR is saying is technically correct. However, I still think this can get dismissed based on two factors.
First, if you bring in a lot of paperwork, it often works to impress or overwhelm the hearing officer. Normally, more paperwork means better chances of having a ticket dismissed.
Second, since he was out of town for such a long period of time, his car was not in the city for more than 30 days at a time.
You can have a car registered within Chicago city limits and not be required to have a city sticker IF you never drive your car within city limits.
I think, the way I recall the law, if your car was never in the city limits until the present day, you still have 30 days to secure your city sticker.
I will check the law to be sure.
But I still believe this driver can get the ticket dismissed.
Rinzler:
A person on whom a parking or compliance violation notice has been served pursuant to Section 9-100-030, Section 9-102-030 or Section 9-103-030* shall within seven days from the date of the notice: (1) pay the indicated fine; or, in the manner indicated on the notice, either (2) submit the materials set forth in Section 9-100-070 to obtain an adjudication by mail; or (3) request an administrative hearing as set forth in Section 9-100-080 to contest the charged violation. A response by mail shall be deemed timely if postmarked within seven days of the issuance of the notice of violation.
7 Days to CONTEST OR Pay. If you Don’t Contest, you are to pay.
If you contest…you get to wait for a Hearing Date or Result by mail.
Not that hard.
By the way…
That info is from: 9-100-050 Determination of liability
There is more to the loading zone/valet loading zone issue. There two different signs for this. You can see some loading zone signs like this that specifically say VALET LOADING. But ones that just say LOADING ZONE are open to anyone who has a loading zone permit. The valets CANNOT PARK THERE. Also they must have a Valet Sign somewhere there. They can temporarily move their cars into the zones but they cannot leave them there longer than necessary. They are not meant for parking….just loading and unloading. The Valet company nor the restaurant can park in these spots.
Regarding the city sticker:
If you were in the city of Chicago during vehicle sticker sales (typically June 1 – July 15, during the 2010 – 2011 season that was extended until July 30), you needed to buy a city sticker. Your car would have been subject to a violation beginning August 1 (again, typically July 16) if you did not have a city sticker.
However, if you were out of town during that time period and just returned to the city, you can show documentation to the City Clerk’s office that you were out of the city during regular sales season (e.g., plane tickets, letter from employer, etc.) and avoid paying any late fees for the city sticker.
I hope this helps.
Kristine Williams
Office of the City Clerk spokesperson
Note that Kristine says “Late Fees.”
That doesn’t mean you are not Liable for any Tickets that you got because you didn’t have your sticker yet.
I wouldn’t try putting words into Ms. Williams mouth. In fact, her posting could be used as a defense.
Rinzler….
Since stickers go on sale as early as 1 to 2 months BEFORE the current issued ones Expire…
Why would being Out of Town From June to December 20, 2010 be a Valid Excuse when you could have bought it in June or May before you left??
Personal responsibility for all things.
DoR, City Stickers DO NOT on sale untik June 1st
correction: until
Last night at a party the cops came because of the noise of music, then they decided to give parking tickets to almost all the cars there I got one for facing wrong direction on a dead end, many times have I parked like that and the first time they given me a ticket I believe they did it out of anger cause the owner of the house slammed the door on their face. I told him there are many other cars parked like this all over the city and he said I know I see them all the time but here is where we recieved a phone complaint so what is this about then If parking against traffic is illegal then shouldn’t everyone get fined or just whenever the cops feel like giving out tickets. Do you think I can fight this to avoid paying it and this happened in Surprise AZ. Thank you
I know this one is Old…but new information about spots like that one the Motorcycle is in.
Per State Law..10 feet of clearance is required for entry/exit to all driveways and alleys….CPD can Ticket you 150.00 for that spot.
All the New Crosswalk Signs that are popping up across the city…..if you see one…you can not park ANY Vehicle within 20 Feet of the Crosswalk (even if there is no Tow Zone Sign.). Either Side. (like at the intersection of Wells and Hill)
Another reason to appeal every ticket, by mail or in person, is to give you more than 7 days to pay if you need it.