Parking on highway between 3AM and 6AM - Municipal Bylaw

Memory Lapse
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Parking on highway between 3AM and 6AM - Municipal Bylaw

Unread post by Memory Lapse on

Hello,

My dad moved my car onto the road yesterday without me knowing. I live on an untraveled court, so this is a fairly regular occurrence. I woke up today with a $30 parking ticket on my windshield from the Town of Richmond Hill. I checked the cited municipal code violation, and I think I have a fairly good case here:

Contrary to: The Town of Richmond Hill Municipal Code: 1116-3.7(o) - Park on Highway between 3AM and 6AM.

The code reads as follows; emphasis is mine:
1116.3.7
Parking-stopping-prohibited-specified places sign

Where a sign has been erected indicating that parking and stopping is prohibited or that stopping is prohibited, no person shall park or stop a motor vehicle in any of the following places:

...

(o) on a highway between the hours of 3 am and 6 am.
There is a separate subsection for unsigned infractions. There are no signs indicating anything like this on my court, except for the stop sign that is at the entrance. Is this sufficient to argue this ticket away?

What can I expect when I opt for the trial option? What should I bring? Which court will try this case? How should I address the judge and what are the proceedings like? Is there anything I need to be especially aware of?

Thanks in advance for your help.

- Memory Lapse


iFly55
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Unread post by iFly55 on

I might be wrong, but i believe these signs are posted when you enter the Town of Richmond Hill from other jurisdictions. They have signs that read "unposted roads have speed limits of 50kph & no parking between the hours of x and y, unless otherwise noted"; example: http://goo.gl/maps/XwBju

http://www.richmondhill.ca/subpage.asp? ... quote]Park on any street between the hours of 1 a.m. to 7 a.m. (December 1 - March 31)
Fine: $75
Note: Information signs are posted at all boundary road entry points advising of these regulations.

Park on any street between the hours of 3 a.m to 6 a.m. (April 1 to November 30)
Fine: $30
Note: Information signs are posted at all boundary road entry points advising of these regulations. [/quote]If you schedule an early attendance meeting or a trial, the prosecutor may reduce the fine up to 50%.


Memory Lapse
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Unread post by Memory Lapse on

Thanks for the info.

Does anyone know of any case law (one way or the other) that can be used in a "non-visible sign" line of argumentation?






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