ticket for "park in a fire route"

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ConfusedII
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ticket for "park in a fire route"

by: ConfusedII on
Mon Dec 10, 2012 5:33 pm

Late Saturday afternoon, December 1st, I entered the Shops at Don Mills with my vehicle and drove due East as I needed to make a quick deposit in the TD Bank. I made a left hand turn onto the side street and on the right side where I parked, there is a condo under construction with all the usual boards around it. No one was working and there were very few cars or people around. I put on my flashers and ran into the bank and when I entered, I realized I had forgotten my paper in the car and ran back outside to get it, then returned to the bank and started my transaction. I did not notice any parking enforcement officer or car. Started my transaction and happened to look out the window when I saw the officer pull up behind my car, get out and start to place a ticket on my car. I ran outside and asked him to please not do it and he yelled and said "you even saw us and still went back into the bank" to which I answered what do you mean, when?? He said you are in a fire route, rudely yelled again and refused to talk and just walked back into his car and sped off. It was a plain white, unmarked car. I then drove to a near by parking lot and then returned to the bank to complete my transaction.
When I got home, I realized it is a ticket for $250. I had never seen any fire route signs on that side street before, nor any fire hydrants. Today, I decided to go back and have a look and here is my question. On the side of the street where I had parked, there are no "fire route" signs so I drove further down from the corner to see and at the end of the street where it makes a turn to the left, there was a fire hydrant but it isn't something you would spot easily from the corner where I parked. Distance is at least 100-175 feet.
Then I turned around and drove back and pulled up beside the TD Bank on the opposite side of where I had parked and on the side of that building there is a Fire Route sign which I had never noticed before because I was on opposite side of the street.
So for a Fire Route, does there not have to be a sign on both sides of the street? I took photos today and the only thing it says on the construction boards is "Do Not Park on Driveway - Additional Parking "with an error to the right. There is no driveway, just the road so not sure why they are saying that. Anyhow, do I have a chance of fighting this? Thank you very much.
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bend
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by: bend on
Mon Dec 10, 2012 6:08 pm

Fire routes are not based off fire hydrants. They are equipped in case a fire emergency services need to enter the premises and have adequate space for any maneuvering around the entire lot if need be and not be blocked from reaching a destination.

Here are the bylaws regarding fire route signage in Toronto:
Fire route signs shall be located:

(i) At intervals of not more than 30 metres along the fire route;
(ii) At all locations where the continuity of the fire route is interrupted by any highway,
private road, public or private lane, intersection, or ramp;
(iii) So that one is at each limit of the fire route;
(iv) At all curves having a change of direction greater than 45 degrees; and
(v) As may be determined during inspection to ensure visibility.

Fire route signs shall be erected:
(i) No less than 2.2 metres from grade to bottom of sign;
(ii) No higher than three metres from grade to top of sign;
(iii) Parallel to the fire route;
and directional arrows shall be masked with appropriate material on signs at the limits of the fire
route.
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ConfusedII
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by: ConfusedII on
Mon Dec 10, 2012 6:22 pm

Thank you for your reply. I am still not clear though about the placement of the Fire Route sign only on one side of the road. The direction and side of the road I parked, there was no sign. I only today saw it on the opposite side of the road. Is having it posted only on one side sufficient to indicate to drivers that it also applies to the other side of the road? Thank you.
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by: bend on
Tue Dec 11, 2012 12:36 am

ConfusedII wrote:Thank you for your reply. I am still not clear though about the placement of the Fire Route sign only on one side of the road. The direction and side of the road I parked, there was no sign. I only today saw it on the opposite side of the road. Is having it posted only on one side sufficient to indicate to drivers that it also applies to the other side of the road? Thank you.
Toronto bylaw states the sign must be parallel to the route, which I would understand as running in the same direction as traffic. These signs are not easy to put up. They are approved by the fire chief and have strict requirements. I found it weird that signs were on one side of the road without being on the other since the whole process is strict to the point where a site plan with appropriate dimensions has to be approved. There's even a list of all legal fire routes in Toronto.

Then I took a look at Google Maps at your location and it became pretty clear at what may have happened. The side where the condo construction seems to have a fire route sign towards where the street turns behind the building. If that sign or any other signs are no longer there, it's quite possible they've disappeared with all the current construction taking place. The person issuing the ticket has probably been doing it for years at that hot spot and isn't checking to see if the signs are still there.

Image

If the bylaw states the signs must be parallel to the route, I don't think a sign on the opposite side of the street where it isn't a one way is sufficient. But that's just me.
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ConfusedII
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by: ConfusedII on
Tue Dec 11, 2012 9:48 am

Good Morning:
Thank you for your reply last evening and from what you said, it appears that you agree with me that this is an unfair ticket and that I would have a good case to fight against this. May I ask if you are actually with the Ontario Highway Traffic Act body, or are you an independent person just trying to help people like me? What would you do in my shoes to get some legal clarification on this? Do I have to call a lawyer or is there anywhere I can call for clarification under these circumstances? Funds are limited.
Again, thank you and I look forward to hearing back from you.
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by: bend on
Tue Dec 11, 2012 12:56 pm

ConfusedII wrote:Good Morning:
Thank you for your reply last evening and from what you said, it appears that you agree with me that this is an unfair ticket and that I would have a good case to fight against this. May I ask if you are actually with the Ontario Highway Traffic Act body, or are you an independent person just trying to help people like me? What would you do in my shoes to get some legal clarification on this? Do I have to call a lawyer or is there anywhere I can call for clarification under these circumstances? Funds are limited.
Again, thank you and I look forward to hearing back from you.
It's just a parking violation. You can fight the ticket yourself. It's a non-moving violation and isn't going to matter towards insurance. It's pretty straight forward and I wouldn't hire anybody for something like this.
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