ALJDEC

00-10723-CPP · Department of Administration - Capitol Police Parking · 2000-09-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 20, 2000 APPEARANCES: Appellant appeared on his own behalf and the Arizona State Capitol Police appeared through D. Arnson. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Evidence of record established that on June 7, 2000, at 9:20 a.m., police aide, Caouette, badge no. 854, (“Caouette”) observed Appellant’s motor vehicle at the location of 205 South 17th Ave., a State of Arizona building parking area, parked in a parking space specifically posted as being reserved for the Rideshare Program participants only. Caouette apparently did not observe a Rideshare permit anywhere within the vehicle and thus, issued a citation for unauthorized parking in a reserved parking space. This Citation carries a $16.00 fine.

2. Appellant, a state employee, testified that he has been a member of the Rideshare Program for several years. He testified that when he got back to his motor vehicle on the day in question, he observed the above- described citation and that his Rideshare permit had apparently come off his windshield and was rolled up on his dashboard.

3. By way of aggravation, Appellant testified that this was not his first citation for failing to display his Rideshare permit when parked in a Rideshare only parking space. In fact, he testified that he had received two prior citations within a couple of months prior to the date of the violation at issue herein for the exact same violation. He further testified that his permit sticker had lost adhesion for some time and that same would constantly come off the window after being affixed thereon.

4. Notwithstanding, the ongoing problem with the loss of adhesion of his Rideshare permit and the two prior parking citations, Appellant made no effort to obtain a replacement permit or report the problem to the Rideshare office. Appellant should have learned his lesson after the first citation that he received. That lesson was that he needed to take greater care to insure that his permit to park in a Rideshare parking space must be properly displayed when parked in such an area. Thus, it is determined and held, under all of the facts and circumstances presented herein, that Appellant was in violation of the applicable provisions of the law regarding parking in a parking space reserved for Rideshare participants. Therefore, Appellant shall be required to pay the $16.00 fine.

CONCLUSIONS OF LAW

1. A.R.S. § 41-796 grants the Arizona Department of Administration with the authority to “adopt and administratively enforce rules for the control of vehicles on state property, including, but not limited to, the “place, method, and time of parking” and “designation of special parking areas for state employees and the general public.”

2. A.A.C. R2-6-201 (9) defines “reserved parking space” as “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.”

3. A.A.C. R2-6-203 (A) (5) provides, in pertinent part, “a person shall not park a vehicle in a reserved parking space without authorization…”

4. A.A.C. R2-6-204 (A) provides, in pertinent part, “unless a person is a visitor using parking reserved for visitors, the person shall properly display a reserved parking space decal” (emphasis added) when parked in a reserved parking space.

5. A.A.C. R2-6-205 (B) provides, in pertinent part, “a person…parking a vehicle on state property shall obey posted…parking signs.”

6. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of…R2-6-203, R2-6-204, or R2-6- 205…shall pay the monetary penalties prescribed in this section. A.A.C. R2- 6-206 (B) (6) provides for a $16.00 penalty for unauthorized parking in any reserved parking space, other than those reserved for the physically handicapped.

7. The spirit and intent of the law regarding allowing person’s with Rideshare permits to have the ability to park in special parking spaces is to reward said individuals for their efforts to help reduce vehicular traffic and pollution in the greater Phoenix area. Although there are necessary requirements to display Rideshare parking privileges, in order to allow law enforcement to perform their duties in regard to policing the proper use of Rideshare parking, the applicable law, considered within its entire context, is not viewed as necessarily requiring any punishment for a person who is otherwise entitled to park in a Rideshare designated parking space who either forgets, on a singular occasion, to place their permit in the appropriate place within the motor vehicle or has a one-time problem getting the permit to adhere properly to the window of the motor vehicle. Nevertheless, any repeated infractions in this regard should not and are not deemed to be excusable. Thus, the citation issued herein is not only found to have been justified but moreover, the circumstances presented herein warrant the imposition of the $16.00 fine.

ORDER

IT IS HEREBY ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay the fine of $16.00, as provided in citation no. 10723. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliot Hibbs, Director of the Department of Administration, this decision is the final administrative decision. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-207 and A.R.S. § 41- 1092.09 (A). In addition, the Appellant has the right to appeal this decision to the Superior Court, pursuant to A.R.S. § 41-1092.08 (H).

Done this day, September 25, 2000

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Department of Administration-Capitol Police Parking J. Elliott Hibbs Attn.: Wendy Hammon 1700 W. Washington, Room B-15 Phoenix, Arizona 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826