Park interfering with snow removal...

AnswersPleaseThanks
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Park interfering with snow removal...

Unread post by AnswersPleaseThanks on

I got this ticket in Brampton on a residential street. It was that Saturday about a week ago when it snowed a lot. I was visiting a friend, when I cam out at night I felt the ticket stuffed in my door handle (with the lighting and weather I could have easily not seen it and dropped it).

The time on the ticket is 10:43pm.

Do I have to pay this fine? If so, anyone know if I have a chance to get it reduced? It's a ridiculous $75.

'Contrary to the CITY OF BRAMPTON By-law 93-93
Section 44 As Amended'

Thanks!


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AlienPrime
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Unread post by AlienPrime on

How about;

ACT 170, SECTION 12

Vehicles interfering with traffic
Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).

I read the whole section and they don't cover it in the above fashion mentioned. Would you say it would be a similar case?
"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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Unread post by AnswersPleaseThanks on

maybe it covers it. i was legally parked on the residential street, so I am wondering if that may work in my favour. Also, the snow clearing was done within a few hrs of the snowfall beginning, not the next day or 24 hrs later (not sure if this helps me).

No signs on the street, but again not sure if that can help me.


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Unread post by AlienPrime on

AnswersPleaseThanks wrote:maybe it covers it. i was legally parked on the residential street, so I am wondering if that may work in my favour. Also, the snow clearing was done within a few hrs of the snowfall beginning, not the next day or 24 hrs later (not sure if this helps me).

No signs on the street, but again not sure if that can help me.
not perfectly sure if it applies... but from what i can see from what you say, if you are not in violation of that Act, you can easily fight the ticket. If the officer has charged you with violation of a different act then we'd need to look into that further. :)
"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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Unread post by AlienPrime on

"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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Unread post by AnswersPleaseThanks on

Thanks for the link..Kinda hard to fully understand some of the language....i guess I can go in-person and speak to someone, or plead guilty with an explanation and try to get the fine reduced.

Anyone have a similar issue? If so, what did you do?

Thanks!


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Unread post by bend on

AlienPrime wrote:not perfectly sure if it applies... but from what i can see from what you say, if you are not in violation of that Act, you can easily fight the ticket. If the officer has charged you with violation of a different act then we'd need to look into that further. :)
He or she wasn't charged under the highway traffic act. They were ticketed by Brampton Parking enforcement and charged under city bylaw. City of Brampton By-law 93-93 Section 44 as already stated.

PARKING OR STANDING INTERFERING WITH SNOW REMOVAL AND/OR WINTER MAINTENANCE ACTIVITIES
44. Notwithstanding any other provision of this by-law which permits the parking of vehicles on highways, no person shall park or stand a vehicle on a highway in such a manner as to interfere with snow removal and/or winter maintenance activities.
AnswersPleaseThanks wrote:when I cam out at night I felt the ticket stuffed in my door handle (with the lighting and weather I could have easily not seen it and dropped it).
Where else would you like enforcement to place your ticket on a snow covered car? Under your wipers?
AnswersPleaseThanks wrote:maybe it covers it. i was legally parked on the residential street, so I am wondering if that may work in my favour. Also, the snow clearing was done within a few hrs of the snowfall beginning, not the next day or 24 hrs later (not sure if this helps me).

No signs on the street, but again not sure if that can help me.


If you are parked on the street while snow removal is taking place, you are no longer parked legally. Whether they remove the snow a couple hours later or 24 hours later is a non issue. Snow removal routes are priority based. They are not cleared on a whim. No signs are necessary. Any bylaw that is sign related will say so.

This is based off Brampton by-law. Every city is different and by-laws vary due to population, density, and other factors.
AnswersPleaseThanks wrote:Do I have to pay this fine? If so, anyone know if I have a chance to get it reduced? It's a ridiculous $75.
You can speak to a prosecutor and find out if they are willing to change the charge for a guilty plea to something less drastic. Maybe just a regular 3 hour parking ticket. It's up to them.
Last edited by bend on Wed Feb 27, 2013 2:56 pm, edited 1 time in total.


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Unread post by AnswersPleaseThanks on

Thanks for the reply.

Does anyone know if the infraction I was charged with is serious, in terms of car insurance notification? I can't be deducted demerit pts with a by-law, correct?


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Unread post by bend on

AnswersPleaseThanks wrote:Thanks for the reply.

Does anyone know if the infraction I was charged with is serious, in terms of car insurance notification? I can't be deducted demerit pts with a by-law, correct?
There are no demerit points and no insurance penalties. They are unable to determine the driver of the vehicle, therefore they can't charge a specific license number. The ticket is attached to the owner of the plates. If you don't pay, you can't renew your plates.


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Unread post by AnswersPleaseThanks on

Thanks all!

Well, I guess I better pay up now. Thanks again!


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Unread post by AlienPrime on

bend wrote: Where else would you like enforcement to place your ticket on a snow covered car? Under your wipers?
Ohh you know... like anywhere reasonable... They often carry ziplock bags and put it under the wiper. In all honestly.. they could write the ticket and toss it into the wind, wouldn't matter you'd be fined with it when you went to renew the plates anyways!!
"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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Unread post by Mugwug on

AlienPrime wrote:Ohh you know... like anywhere reasonable... They often carry ziplock bags and put it under the wiper. In all honestly.. they could write the ticket and toss it into the wind, wouldn't matter you'd be fined with it when you went to renew the plates anyways!!
Ok, so aside from under the wipers where else would YOU consider reasonable?

C'mon, it's a parking ticket. The door handle DOES seem reasonable, unless the driver climbs in the passenger side he's gonna grab that handle and discover the ticket when he returns to the car. My understanding is the the parking infraction notice must be prominently affixed to the vehicle, but if there's a more specific requirement I am unaware of it.


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Unread post by AlienPrime on

Mugwug wrote:
AlienPrime wrote:Ohh you know... like anywhere reasonable... They often carry ziplock bags and put it under the wiper. In all honestly.. they could write the ticket and toss it into the wind, wouldn't matter you'd be fined with it when you went to renew the plates anyways!!
Ok, so aside from under the wipers where else would YOU consider reasonable?

C'mon, it's a parking ticket. The door handle DOES seem reasonable, unless the driver climbs in the passenger side he's gonna grab that handle and discover the ticket when he returns to the car. My understanding is the the parking infraction notice must be prominently affixed to the vehicle, but if there's a more specific requirement I am unaware of it.
Windshield wiper, door sill, window sill... unless the officer put it in the door handle hinge... It could fly out easily is all i was say. No need to get up in arms...
"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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Unread post by Mugwug on

Oh don't get me wrong. I'm not at all up in arms over this.

Parking guy probably doesn't want to clear the snow from dozens of windshields and wedged the ticket into a less obstructed spot. I could second guess the guy, but that's his job and as the OP came on here complaining about the ticket we can assume the ticket did not fly away, and the parking guy did the right thing in this case.

In any event, if I recall correctly the registered owner (assuming they've kept their address current on their registration) receives some sort of notice from the courts, and if they didn't receive the original ticket then they have a means of redress outlined in that notice.

-it's been forever since I received a parking ticket, so someone correct me if I'm wrong.

Glad the parking guys do their thing, I sure don't want to.


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Unread post by AlienPrime on

Mugwug wrote:Oh don't get me wrong. I'm not at all up in arms over this.

Parking guy probably doesn't want to clear the snow from dozens of windshields and wedged the ticket into a less obstructed spot. I could second guess the guy, but that's his job and as the OP came on here complaining about the ticket we can assume the ticket did not fly away, and the parking guy did the right thing in this case.

In any event, if I recall correctly the registered owner (assuming they've kept their address current on their registration) receives some sort of notice from the courts, and if they didn't receive the original ticket then they have a means of redress outlined in that notice.

-it's been forever since I received a parking ticket, so someone correct me if I'm wrong.

Glad the parking guys do their thing, I sure don't want to.
ok just checking you seemed a bit pissed :/

No worries :D




"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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