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If there is a nice spot on a city street in Austin, Texas, and a lot of cars often park there without getting any tickets, and it is not marked with the no-parking-here-to-corner sign (even though the other part of the street and the adjacent streets are abundant with such signs properly erected), and there are no distinguishing red, yellow or any other paint on the curbside at all, would a parking ticket for parking a car in such a spot, allegedly too close to the stop sign, be valid?

All the while at the opposite side of this street from this spot the cars are parked even at the curbside within the intersection between the streets (as the other street at this intersection has no stop signs at this spot), without ever receiving any parking tickets? Or, if they likewise would receive a citation, how would it be legal without no-parking-here-to-corner signs, nor any distinguishing paint on the curbside?

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Can't park within 30 ft of a stop sign. Tex Tn Code 545.302 b4. If this is the law they don't need to post a sign. http://codes.lp.findlaw.com/txstatutes/TN/7/C/545/G/545.302

  • Yeah, the law is pretty straight-forward on this. Some jurisdictions put up No Parking signs or paint the road as a courtesy to drivers, to indicate where that 30 foot mark is at, but the sign is certainly not required for it to be illegal to park there. – animuson Aug 27 '15 at 15:51
  • @animuson, well, it does possibly violate some other laws, though. for example, California is pretty famous for having a speed trap defense to the speeding tickets; perhaps there's some similar concept over here? – cnst Aug 27 '15 at 23:33
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The citation may have been completely correct, but you can use the absence of markings to contest it. And since adjudication of these matters is entirely at the discretion of an administrative judge you could have good odds of the citation being dismissed.

Illustrative anecdote: I once was in NYC and parked overnight on the street at a T intersection with other parked cars. Because my car was registered in another state it was towed instead of just ticketed. In the morning I took pictures of the curb, which on close inspection had been painted, but where most of the paint had worn off. I mailed that photo along with the citation to the administrative court and received a full refund a few weeks later. (I also noticed at a later date that the curb had been repainted.)

  • Good story! Perhaps NYC has a state law, or a city ordinance, that the area must be marked and/or painted? – cnst Aug 27 '15 at 18:34
  • @cnst: Yes, that could be. My current personal practice is to try to avoid New York altogether rather than try to understand their laws ;) Further on this subject are some amusing and interesting comments to this question. – feetwet Aug 27 '15 at 18:58

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