Dear City Of Philadelphia, Bureau Of Administrative Adjudication, Correspondence Unit, 531.
Be it known that the following Official Notice Of Appeal in reference to case #709756050 is being served upon the:
City Of Philadelphia
Bureau Of Administrative Adjudication
Please let this letter serve as formal notice of appeal to the decision of “Liable” found in reference to ticket #709756050. This appeal should hereby be decidedin consideration of the additional evidence and testimony presented with this filing.
The Appellant in this matter submits that the “HP RESERVED SPACE” to which this violation applies was A) Not in good faith, adequately signed and B) inconsistent with the high standard of signage displayed elsewhere in the Queen Village Neighborhood of Philadelphia, where the violation was levied and C) stands in violation of Philadelphia Traffic Code S. 12-903 (1), (3) and S. 12-1117 (5)(b)
By means of extensive photographic evidence, the Appellant shall demonstrate that the “Standard Of Signage” at the location of violation was inadequate and significantly below that of the neighborhood standard of Queen Village, Philadelphia and stands in violation of Philadelphia Traffic Code S. 12-903 (1), (3) and S. 12-1117 (5)(b) Had the signage met the adequate neighborhood standard and that of Philadelphia Traffic Code S.12,903 (1), (3) and S. 12-1117 (5)(b), the Appellant would not have parked in the “HP RESERVED SPACE” and the violation would not have been levied. The violation in question took place due only to the inadequate signage provided, in violation of the Philadelphia Parking Code.
The specific sub sections of the Philadelphia Traffic Code, on which the Appellant is contesting ticket #709756050 are:
S. 12-903
(1) The Department shall erect and maintain appropriate signs to give notice whenever an ordinance or regulation prohibits stopping, standing and parking on any street, or portion thereof, and no person shall stop, stand or park a vehicle in violation of such ordinances or regulations.
The Appellant submits that at the location of the violation, the signs were not appropriately maintained, nor gave sufficient notice of prohibitive regulations.
(3) The Department shall erect and maintain appropriate signs to give notice whenever an ordinance or regulation prohibits parking or limits the time of parking on any street, or portion thereof, and no person shall park a vehicle in violation of such ordinances or regulations.
The Appellant submits that at the location of the violation, the signs were not appropriately maintained, nor gave sufficient notice of prohibitive regulations.
S. 12-1117
(5)(b) After an investigation has been completed by the Department of Health and approved by the Department of Streets with regard to practicality and feasibility of traffic operations, the Department of Streets shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons or severely-disabled veterans, that no parking is allowed there by others, and that any unauthorized person parking in a reserved space is subject to the penalty provided for in this Section.
The Appellant submits that the Department Of Streets did not install sufficient signage indicating that that an on-street parking space is for the exclusive use of handicapped persons, that no parking is allowed there by others, and therefore “unauthorized person” is not subject to penalty.
Please reference the supplied photographic evidence, beginning on page three of this notice.
A) General Standards Of Signage, Queen Village, Philadelphia
In general the signage marking disabled designated spaces in the Queen Village neighborhood is of a very high standard. A typical driver can clearly identify that they are parking in a disabled designated space, regardless of weather conditions or time of day. The signage below dually satisfies the Philadelphia Parking Code’s S. 12-903 (1), (3) and S. 12-1117 (5))B. This is demonstrated in the photographs below:
Exhibit 1: Standards Of Signage In Queen Village, Philadelphia (2ND Street @ Naudain Street)
- Sign is well maintained and painted with bold, clearly visible blue paint, which matches the color of the iconic disabled sign.
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
Exhibit 2: Standards Of Signage In Queen Village Philadelphia (South Street @2nd Street)
- Upper sign contains large, well maintained, and clearly labeled disabled markings
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
Exhibit 3: Standards Of Signage In Queen Village Philadelphia (South Street @2nd Street, NE Corner)
- Sign is well maintained and painted with bold, clearly visible blue paint, which matches the color of the iconic disabled sign.
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
Exhibit 4: Standards Of Signage In Queen Village Philadelphia (Lombard Street @2nd Street, SE Corner)
- Sign is well maintained and painted with bold, clearly visible blue paint, which matches the color of the iconic disabled sign.
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
Exhibit 5: Standards Of Signage In Queen Village Philadelphia (South Street @3rd Street)
- Upper sign contains large, well maintained, and clearly labeled disabled markings
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
Exhibit 6: Standards Of Signage In Queen Village Philadelphia (Bainbridge St @3rd Street)
- Upper sign contains bold, well maintained, and clearly labeled disabled markings
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
Exhibit 7: Standards Of Signage In Queen Village Philadelphia (Spruce @Front Street)
- Signage is 100% dedicated to notifying motorists of the disabled parking zone. Signage contains no competing parking messaging that may otherwise confuse motorists.
- Sign contains an additional clearly marked square disabled marker that is easily visible at eye level from a vehicle.
B) Inadequacy Of Signage At The Location Of Violation
The evidence submitted below represents the signage displayed at the location of the violation, which is not only inadequate, but clearly falls below the standards of Queen Village, Philadelphia and stands in violation to S. 12-903 (1), (3) and S. 12-1117 (5)B.
Exhibit 8: Inadequacy Of Signage In Queen Village Philadelphia (South Street @ Front Street)
- Middle sign designating the disabled parking space is small, placed above standard eye level, washed out and not sufficiently visible to the typical driver, especially in low light or adverse weather conditions.
- Only the dominant lower sign can be seen clearly by the driver on approach.
- The dominant lower signs use of “permissible green” color indicates to the typical driver that parking here is permitted.
- Inconsistent with other signs in the immediate area, this sign contains no square disabled spot marker at its midway point, which as evidenced above is the standard for the Queen Village Neighborhood. The absence of this marker creates uncertainty and unfairly significantly increases the likelihood of a violation.
- When viewed at the angle of standard vehicle approach, the arrows signifying disabled parking to motorists do not clearly or directly point to the location of the violation.
- As a result of the failure to adequately maintain this signage, it stands in violation to Philadelphia Parking Code S. 12-903 (1), (3)
- As a result of the signs failure to clearly indicate that this space is reserved for the exclusive use of handicapped persons, it stands in violation of Philadelphia Parking Code S. 12-1117 (5))B)
The Appellant hereby maintains that they are “Not Liable” for violation #709756050 due to inadequate and sub standard signage at the location of the violation, as is clearly evidenced by the exhibits presented herein. The signage at the location of the violation does not adequately satisfy Philadelphia Parking Code S. 12-903 (1), (3) and S. 12-1117 (5)(B). The Appellant therefore submits that case #709756050 be stricken from the record in perpetuity and that all fines levied be declared null and void.
Most Sincerely,
-Appellant
