$350 handicap parking ticket... no standing sign, faded lines (Albuquerque: new construction, zoning)

[annanyc]

Ugh. Due to the 9/11 memorial today, my normal cheap lot was full, and I ended up parking in a more expensive city lot. I took the first space I saw, and came back to a $350 ticket. Ulp.

The thing is, it's an area by the elevator with room for three cars. The one on the right and left both have the designated handicap placard. But the middle one doesn't. After moving my car and looking very hard, there are very faint white diagonal lines on the middle space. They're completely faded except at the very top, and parking garages are dark. I just didn't see them. There are also no lines between the three spaces to clearly distinguish one from another.

Anyone know if I'm likely to be able to contest this successfully? I did find the following zoning code:

Parking spaces for vehicles with valid distinctive registration plates for the physically
disabled as provided by Section 66-3-16 NMSA 1978 shall be provided off street in the
amount indicated in division (a) below and meeting the standards indicated in division (b)
below. While disabled parking configurations approved under prior zoning regulations will
be considered conforming, no building permit shall be issued for new construction or
renovation of a building resulting in an increase in required minimum number of parking
spaces unless the parking lot has designated disabled parking spaces as described in this
division (8); however, see division (c) below as to newly required signed for existing offstreet
parking.

3. Each disabled parking space shall be designated by its own conspicuously posted
upright sign, either free-standing or wall mounted, showing the international
disabled symbol of a wheelchair; it may include such wording as "disabled
parking" or "handicapped parking." Each sign shall be no smaller than 12 by 18
inches. Each sign shall have its lower edge no less than four feet above grade.
Signs shall be maintained in good condition; in parking lots serving
nonresidential uses, barriers shall protect free-standing signs from being hit by
motor vehicles. However, for any such spaces required for dwelling parking,
where the premises is required to have ten or fewer off-street parking spaces, no
sign need be displayed so long as no person with need of a designated disabled
parking space is a resident on the premises.

(c) Legally installed disabled parking spaces with any clearly visible depiction of the
international disabled symbol of a wheelchair may continue with only such marking
until November 15, 1986. Beginning November 15, 1986, all disabled parking spaces
shall be marked in conformance with (b)(3) above.
(10) Parking spaces shall be appropriately marked to indicate the location of the spaces.


But a zoning code for what should be in a parking space isn't the same as the grounds for getting a person out of a parking ticket. So.... thoughts? It looks like I just show up at the courthouse to contest and I do have pictures of how I was parked/signage, etc. But I don't want to show up and not have something I need or a regulation that would be helpful to know...

[ABQConvict]

I would contest it.

Surely there is no guarantee, but I would take the chance to knock down a $350 fine.

I don't know if they accept evidence in parking ticket cases, but I would take some photos of the space that show the lack of signage and faded lines and print them out.

[insulator_king]

Yes, pictures.


Or was it even a parking space.


Sounds like it was the crosshatched space between t handicapped spaces to allow for vans with side chair hoists.


SHould have been marked better though if so.

[nazz]

You can't park in the crosshatched area that's reserved for loading and unloading of wheelchairs and such. These are adjacent to handicapped spots and clueless folks park in them all the time. Ignorance of the law is no excuse, of course.

Faded lines and unclear markings are a problem, yep.

[sally bug]

I know the post I'm replying to is very old, but I'm curious if @annanyc had to pay it as it happened to me yesterday! Or maybe someone else has an experience to share.
I parked on the Albuquerque Old Town Plaza (parallel parking)late afternoon yesterday. I saw a Handicapped parking sign on the occupied parking spot in front of me which was the last spot on the NE corner of the Square. I remember looking at it, noticing that I didn't see a Handicap placard on the car parked there, but it never entered my mind that my spot was also a Handicapped parking spot. I jumped out of my car and met friends, returning 1 1/2 hours later to a $350 parking ticket that increases to $500 next week when I'm out of town on a work trip. I would never intentionally park in a handicapped space and I don't even have $350.
There was no sign in front of my parking space, just the one in front of me. The car in front of me was now gone and as I looked around, I saw the curb is painted blue extending into my parking spot. I did not even notice that when I parked, I guess because I was looking up at the sign ahead in front of the car ahead of me, and thought that was the only designated handicapped spot. I did go back this morning and take photos - both spaces were empty.
I notice @annanyc posted parking ordinances stating each spot must be marked with signage.. although it's such an old post I'm not sure that's still the case. I searched for current statutes but did not find a similar one.
Instructions on my ticket just say pay online or mail in payment. It says to request a court appearance you have to go in person to the courthouse. I guess that's what I need to do to contest it? That means I have to ask off work tomorrow to go do that since I will not be here next week.
Has anyone else had experience with this?