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Linda M
Member
 
 43 Posts |
Posted - 02/23/2009 : 07:00:15 AM
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and the reason I ask this, and maybe the people in charge of this board can find something that I can use in court. I rec'd a ticket last week I live off of Main Street. I got a ticket at 6:45 a.m. by a woman meter maid (and I am taking it to court) the ticket was written for not having a sticker (the parking sticker, which I don't, I have a driveway) blocking a driveway, (which is mine.)
I took it to city hall and Mr. Kelly was adimant about not dismissing this ticket I explain to him I don't have a parking sticker never did I have a driveway, and as far as blocking a driveway it's my driveway. So now I am taking it to the Malden Court to win this.
My question is when did the police give up ticketing? I know meter maids do meters and bus stops, fire hydrants, but when did this all to go their head. And the smart cars, they should be turned over to the police dept. how do you tag meters riding around?
After talking to someone last nite how can meter maids tag 15 min spots the police do that, I told the woman to take it to court.
I can't find anything on the city of everett web site that can help me in court regarding meter maids. Can anyone out here help me..
Thank you
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charm
Senior Member
   

264 Posts |
Posted - 02/23/2009 : 07:16:12 AM
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I am glad someone has had the same issues that I am having on Madison Ave, I rec'd a ticket for being 20 feet from the corner, again I thought the police did that? Why do we have a traffic dept.? If meter maids are going to do this, and yes it's a great question Linda when did the police give it up? it's not like I did it on purpose I didn't think I was 20 feet, I know the law here in everett, guess I have to carry a measuring tape with me to measure before I park |
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justme
Advanced Member
    

1428 Posts |
Posted - 02/23/2009 : 12:02:48 PM
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The first problem is with your terminology. The City of Everett employs Parking Enforcement Officers, not Meter Maids. The day shift have always been empowered to write tickets for any parking violation, not just meter overtime. With the introduction of the Smart Cars, they are now able to move around the city and properly enforce parking laws and ordinances.
Before you head to court, you may want to read Mass General Law Chapter 90, Section 20A & 1/2. There's no sense in wasting your time if the law says the ticket is valid. It may be faster and easier to obtain a Mass Driver's Manual from the Registry of Motor Vehicles. That also clearly identifies all state parking violations.
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Linda M
Member
 

43 Posts |
Posted - 02/23/2009 : 12:11:04 PM
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that's fine and I will read the chapter but in defense the overnite parking stops at 6 am how can you justify 6:45 a.m. ticket for not having a sticker and why should I get a ticket for my own driveway |
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just wondering
Senior Member
   

387 Posts |
Posted - 02/23/2009 : 12:43:41 PM
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quote: Originally posted by justme
The first problem is with your terminology. The City of Everett employs Parking Enforcement Officers, not Meter Maids. The day shift have always been empowered to write tickets for any parking violation, not just meter overtime. With the introduction of the Smart Cars, they are now able to move around the city and properly enforce parking laws and ordinances.
Before you head to court, you may want to read Mass General Law Chapter 90, Section 20A & 1/2. There's no sense in wasting your time if the law says the ticket is valid. It may be faster and easier to obtain a Mass Driver's Manual from the Registry of Motor Vehicles. That also clearly identifies all state parking violations.
Excellent post justme...had me laughing out loud. |
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massdee
Moderator
    

5299 Posts |
Posted - 02/23/2009 : 12:50:38 PM
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Parking across a driveway is a violation, even if it is your own driveway. I think you have a good case about the residential sticker ticket. The hours of enforcement for the stickers are 12AM to 6AM.
"Deb" |
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tetris
Moderator
    

2040 Posts |
Posted - 02/23/2009 : 1:03:12 PM
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You are probably also going to want to read Chapter 18 of the City Ordinances and bring a copy of the Residential Parking program portion of it with you to court. I've posted some excerpts below. Sorry, but the way that it is written, it appears that it is illegal to park across your own driveway, unless you can find something in state law that supercedes it. The no parking sticker after 6:00 AM appears to be a no-brainer though.
Section 18-131. General prohibitions. No person shall stand, park or allow, permit or suffer any vehicle registered in his or her name, to stand or park in any of the following places
(h) Upon or in front of any private road or driveway.
Section 18-148 Designation of Residential Parking Sticker Area
(b) Definition of Residential Parking Sticker Area: Residential Parking Sticker Area shall mean any area designated by the Traffic Safety and Parking Commission for residential parking. Areas may be designated for residential parking in any area regardless of zoning. The Resident Parking Sticker program will be in effect in designated business areas from 1:00 AM to 6:00 AM and designated residential areas from 12:00 AM to 6:00 AM, Monday through Friday. Sunday and Holidays are excluded.
As far what the parking officers are allowed to write tickets for, Justme is a good source for information about the parking office. There was some discussion at a city council meeting where the smart cars budget item was approved about the powers that the police department has (or has not) bargained to turn over to the parking officers; but, as I recall, that was more about the overnight staff who I believe can only write tickets for no residential parking stickers. |
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justme
Advanced Member
    

1428 Posts |
Posted - 02/23/2009 : 1:55:55 PM
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quote: Originally posted by Linda M
that's fine and I will read the chapter but in defense the overnite parking stops at 6 am how can you justify 6:45 a.m. ticket for not having a sticker and why should I get a ticket for my own driveway
If you were ticketed after 6:00 am then the resident violation is incorrect however the other one is valid. I'm sure when you pay the ticket, they'll remove the resident sticker fine. Keep in mind, they go by the time written on the ticket so if it indicates it was written before 6:00 am, you're out of luck.
Tetris, you are correct. The night people have not yet been authorized to write tickets for any violations except resident parking. |
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Linda M
Member
 

43 Posts |
Posted - 02/23/2009 : 2:37:06 PM
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I accept the help that has been given out here I went to the chief's office this morning meter maids or parking enforcement people CANNOT write out tickets if you block your own driveway, there has to be a complaint made by someone ( and it's my driveway) and an officer has to respond not parking enforcement the police are still responsible for this action along with 20 ft of the intersection. the parking people can only tag hydrants, handicap, bus stops and meters so this riding around is a waste of the tax payers monies. I was not the only person up there today, I was told by the Lt. to take it to court and it will be dismissed. Thank you for everyone's help. The police unions have not given parking enforcement any powers other than what was stated to me that I post here. |
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Tails
Administrator
    

2682 Posts |
Posted - 02/23/2009 : 2:52:11 PM
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I don't understand. You have to go to court for an issue that can be resolved right here in Everett?
The ticket was for residential parking, correct? I was not aware that meter maids can ticket for residential parking. I cant believe that you would be forced to go to court. I would call the Mayor. |
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Linda M
Member
 

43 Posts |
Posted - 02/23/2009 : 3:00:39 PM
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you know I have tried everything Tails but because it's already in the computer I have to appeal to court cause Mr. Kelly would not dismissed it the tickets says on it
residential parking, check off blocking a driveway check off time 6:45 a.m. you know I am 71 years old and I don't need this in my life so I'll appeal it to the Malden District Court like I was told to do and I will let you know. the mayor has no time to talk to anyone today cause he just got back from vacation and has to go to boston for a meeting. |
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Tails
Administrator
    

2682 Posts |
Posted - 02/23/2009 : 3:17:46 PM
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That's too bad, good luck and I hope that can be a lesson in the future for the meter maids, parking enforcement and police. They need to all come to the table and work it all out together.........who's writing what....... and unless there was a complaint (which obviously there was not) my opinion is, a ticket should not have been written, and should have been forgiven. |
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Linda M
Member
 

43 Posts |
Posted - 02/23/2009 : 3:40:38 PM
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I just want people to beaware of situations where you know you are correct and sometimes the law can be wrong and without doing any investigation on your own one will never know who is right and who is wrong |
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justme
Advanced Member
    

1428 Posts |
Posted - 02/23/2009 : 4:14:01 PM
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Linda M, Who was the officer you spoke with? |
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Linda M
Member
 

43 Posts |
Posted - 02/23/2009 : 9:09:25 PM
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it was a Lt on the desk there was no one at the chiefs office to help me so the woman called some lt on the front desk |
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justme
Advanced Member
    

1428 Posts |
Posted - 02/24/2009 : 07:08:06 AM
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quote: Originally posted by Linda M
it was a Lt on the desk there was no one at the chiefs office to help me so the woman called some lt on the front desk
It's too bad you don't know who you spoke with because he gave you incorrect information.
Before you take this to court, I strongly recommend you speak with Mr Kelly again. As I said previously, if the ticket was written after 6:00 am, he will remove the resident violation. He's not a bad guy and has certainly been doing the job long enough to know what his employees can and cannot do.
Whatever you choose to do.................. I hope it works out for you. |
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