*sigh* Things like this make me hate this city. (cost, authority) - Chicago - Illinois (IL) - Page 7 - City-Data Forum

Drover · 01-09-2009, 10:47 AM

Quote:

Originally Posted by johnm68

Drover,

Hate to increase your blood pressure even more, but you're citing the wrong section of the code. The provision you cited speaks to the manner in which the registration is displayed--in other words, where you put the sticker. Under that provision, if it's not displayed correctly, you can be ticketed.

The provision that requires a City sticker is as follows (and under this provision, you may have a case--but I still doubt you'd win):
3-56-020 License required.

It shall be unlawful for any motor vehicle owner residing within the city to use, or to cause or permit any of the owner’s agents, employees, lessees, licensees or bailees, to use, any motor vehicle or any other vehicle upon the public ways of the city or upon any city-owned property, unless such vehicle is licensed as provided in this chapter. Trailers are exempted from this license requirement. There shall be a presumption that any vehicle parked in any public garage, as defined in Chapter 4-232, or any parking lot open to pedestrian traffic, used the public ways to arrive at its location.

"Licensed as provided in this chapter" means your City sticker.

The Ordinance goes on to state that:

3-56-135 Right to inspect.

Members of the police department, investigators of the department of revenue and investigators of the city clerk’s office shall have the authority to enter the following places for purposes of ascertaining whether vehicles parked therein are in compliance with this chapter:
(1) any public garage, as defined in Chapter 4-232;
(2) any parking lot that is open to pedestrian traffic.
Nothing in this section authorizes any police officer or investigator to force, break or remove any lock or door in order to gain entry to any of the foregoing places.

Your driveway is definitely not a public garage, as defined. I don't know whether it is "a parking lot open to pedestrian traffic"--I doubt it, but one never knows. So, you may have a case here. However, my guess is that there's a type of plain view exception at work, whereby if a revenue agent or cop sees evidence of a violation, they can act on it--in other words, they can see evidence that you are not in compliance with the Ordinance and can give you a ticket. And, under the Ordinance, it appears pretty clear you are not in compliance.

You've cited an ordinance that has nothing to do with why I was ticketed. Try again.

johnm68 · 01-09-2009, 10:55 AM

You're right. FOr some reason I had it in my head that it was a city sticker, not a license plate. But I'm sure you'll forgive me, as you're such a pleasant fellow.

Drover · 01-09-2009, 10:57 AM

Quote:

Originally Posted by johnm68

You're right. FOr some reason I had it in my head that it was a city sticker, not a license plate. But I'm sure you'll forgive me, as you're such a pleasant fellow.

This coming from the crumb who said he would be amused at my ticket if he were my neighbor.

Sod off.

johnm68 · 01-09-2009, 10:59 AM

Well, what do you expect? I pay for my license plates, why shouldn't you pay for yours? Seriously, why don't you believe the law applies to you?

Drover · 01-09-2009, 11:01 AM

Quote:

Originally Posted by johnm68

Well, what do you expect? I pay for my license plates, why shouldn't you pay for yours? Seriously, why don't you believe the law applies to you?

I abide by the same laws you do, so I expect you to not be a jag about it. The law does apply to me. Any car I use on public streets is registered as required by law. Seriously, I don't know what your issue is.

johnm68 · 01-09-2009, 11:24 AM

I guess my issue is that you never came out and said that the car that was ticketed is not used on public streets. If that's the case, you have a point, and I believe you could fight the ticket--first on the grounds that the car falls within an exemption to the licensing requirement and second (although I still believe this is doubtful) that the manner in which the ticket was issued was illegal.

However, in none of your previous posts have you said why the car did not have registered plates. Based on my reading of your posts, it appeared that you had a car that you had failed to properly register, and were upset that it was ticketed--it seemed that you were flouting the law (a law that I have to abide by) and were upset you got caught. I presume my interpretation was incorrect, and if that's the case, I admit that I am wrong.

Drover · 01-09-2009, 11:33 AM

Let's presume, for the sake of argument, that I drive the car every day on public roads even though it does not have properly registered plates. That still does not entitle the city to issue me a parking ticket -- not a moving violation, mind you, but a parking ticket -- for a car that does not violate the ordinance for which the ticket was issued. If the city wants to cite me for operating or parking an unregistered vehicle on the public roadways, then they need to actually observe me operating or parking the unregistered vehicle on public roadways. They don't get to issue me a parking ticket on the mere suspicion that maybe, when they're not looking, I might be violating a city ordinance and getting away with it. That's not how the law works.

dcoolbro · 01-09-2009, 11:44 AM

I left chicago many moons ago and they're still trying to say I didn't pay a ticket from 2003. I paid the tow and ticket fine. The city is crap when it comes to parking tickets.

GoCUBS1 · 01-09-2009, 11:51 AM

Good site w/info on fighting parking tickets....

theexpiredmeter.com

crbcrbrgv · 01-09-2009, 12:32 PM

Ah, Chicago. I remember getting all the BS tickets in Wicker Park. Parking on streets that had street sweeping but the city worker didn't bother to post the warning signs the day before and you got a ticket anyways. Getting ticketed for not having a city sticker even though I had moved and having to fight that. The fun never stops! What really gets me is the state and the great city of Chicago is going broke despite going after such nonsense while here in Texas you can get away with driving around with expired tags for a couple of months without getting pulled over. I think it has to do with Texas police fighting crime as opposed to going after a money grab situation like Dover's car. And guess which state has a surplus? Hint: It ain't you!