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?
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.
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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