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Old 12-27-2011, 10:34 AM
davideid davideid is offline
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Join Date: Dec 2011
Posts: 2
Default Handicapped Parking

I was tcketed for parking in a handicapped access aisle. I was parked in the handicapped space and slightly in the aisle. I do have a handicapp placard.

The citatikon showed a local ordinace prohibniting parking in a handicapped space without a placard, but makes no specific mention of the access aisle. The local ordiance gets it authority from state law, and the state statute is cited. While the state staute prohibits parking in an access aisle, the local ord does not. The local ord specifically states..

.It is a violation of this section for any person to stop, stand or park a vehicle within any parking
space designated and marked for disabled parking in accordance with F.S. § 553.5041, unless such
vehicle displays a parking permit....

It does not mention "access aisle".

My question is, does the local ordinace apply in this case since parking in the access aisle is not specifically prohibited, only perhaps by inference. Isnt the local ord in error since it specifically mentions certain violations but neglects to mention the one I was charged with?

Any advice is appreciated.
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  #2  
Old 12-27-2011, 02:52 PM
aardvarc aardvarc is offline
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Default

Local ordinances can be MORE restrictive than state statutes, but cannot be LESS restrictive. If the state statute cited addresses the issue, the state statute governs, and the local portions that are more restrictive apply on top. If the state statute prohibits parking in the access aisle, then the local ordinance draws from that. It would appear that they ticketed under the local ordinance rather than state level, which is the norm for municipalities.
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  #3  
Old 12-28-2011, 01:59 PM
davideid davideid is offline
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Join Date: Dec 2011
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Default

Thanks for the information. The ticket is quite expensive, $250 and I believe the reason it is so high is to keep non handicapped folks from parking in the handicapped area. The law seems unfair since I would be the one using the access aisle, blocking it would not prevent others from using it since there is only one handicapped spot there. So its like the law is protecting me from myself. There would be no purpose for someone else to use the access ramp but me, but in the the end I get the fine, meant to penalize non handicapped folks but looks like on a technicality I am vulnerable to the fine as well. Any suggestions on fighting this thing, I am on limited income. Thanks again!
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  #4  
Old 12-29-2011, 06:53 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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