Parking ticket: Hamilton By law 01-218

jjley
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Parking ticket: Hamilton By law 01-218

by: jjley on
Fri Feb 03, 2012 12:41 pm

I was dropping my friend off after his birthday party last thursday night (I was DD). He was pretty loaded and his driveway was full of cars so I stopped infront of his house and parked on the shoulder the sign clearly says no stopping 4pm to 6pm monday-friday and no parking from 6am till 4pm monday-friday. I was there at around 3:45 am and left at around 3:50am. The ticket says that it was timed from 3:36am I don't see how that is possible seeing how as I wasn't even there at that time we were at McDonald's around the corner still, but that is irrelevant. I came out to find a parking ticket time stamped at 3:46am. the reason stated on the ticket was section 12 (6) (a) park on through highway between 2am and 7am. I did some research on city of hamilton bylaws it says all through highways are listed in schedule 2 of bi-law 01-218 I cannot find schedule 2 anywhere on the city of hamilton website, can anyone direct me to where this information could be found?

As a side note: I don't understand how kenilworth ave can be considered a through highway because it is neither a numbered highway nor does it connect to a major highway, the only thing I can think of is that the mountain access is connected to it at the very top of the street. If that is the case shouldn't there be a no parking sign stating this fact :?: I have parked here many times on weekends and never received a ticket. Also to add insult to injury there were a number of cars parked on the other side of the street and parked on the same side further down as I was leaving I noticed that none of them had a fluorescent yellow ticket but they had the same signage where they were parked so I guess my real question is should I just pay the ticket or should I try to fight it?


daggx
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by: daggx on
Fri Feb 03, 2012 9:46 pm

I took a look at the cities website and could not see it either. You might be able to find it somewhere in the public library system or you may have to get a copy from the city clerks office.


Stanton
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by: Stanton on
Sat Feb 04, 2012 6:48 am

The term highway in traffic law typically refers to all roads, not just actual proper highways. Through highway typically means any road that connects to another road and has stop/yield signs where they meet. Still, Hamilton bylaws might have a different definition, so it's worth checking.

As for fighting it, I'd say it really depends on the fine.


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