ALJDEC

01-12649-CPP-res · Department of Administration - Capitol Police Parking · 2001-09-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 19, 2001 APPEARANCES: Appellant appeared on his own behalf and the Arizona State Capitol Police appeared through police officer, Brian Neus. 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 April 25, 2001, at 3:27 p.m. police aide S. Hobert (“Hobert”), badge no. 864, observed Appellant’s motor vehicle at the location of 205 S. 17th Ave., a State of Arizona Department of Transportation building, parked in an area of the parking lot that did not have double parking lines or any other markings to delineate said area as a legitimate parking space. Therefore, Hobert issued the citation in question and placed same on Appellant’s windshield.

2. The following salient facts were adduced at the hearing and are important to note:

a. It was undisputed that the area wherein Appellant parked his vehicle on April 25, 2001 is adjacent to the last double lined parking space in a specified area of the parking lot in question. Thus, there was a parking line to the left of Appellant’s vehicle and no line to the right of the vehicle. From the photographic evidence presented at the hearing, it appears that the area wherein Appellant was parked is extremely close to the street entrance/exit for the parking lot. b. Appellant testified that he has observed many cars parked in said area in the past. The area in question appears to be a desirable location to park since it is up against a tree, which provides shade for a parked car during a specified period of the day. c. Appellant further testified that there is not a “no parking” sign located in the area in question and there is sufficient space in said area to allow the same parking space width as is provided in the fully marked parking spaces, without causing any obstruction to traffic. d. Appellant also presented evidence to show that the area in question is directly parallel to parking spaces to the rear of said area, wherein there is only one parking line and a landscape island curb.

3. It is determined and held that it is not practical to place no parking signs in all areas that are not intended to be parking spaces. Moreover, it is common to only place one parking line when the other side of a legitimate parking space has some form of raised curb. A driver should use appropriate judgment when parking his vehicle, to only park in areas that are properly marked or bordered as parking spaces. As aforementioned, the area wherein Appellant parked has a parking line on the left of his vehicle and no parking line or raised curb on the right side of the vehicle. Thus, although said area of the parking lot may be a desirable place to park, due to the shade provided by the adjacent tree, same is clearly not a designated parking space.

4. It is determined and held that Appellant violated the applicable charged section of the State’s rules and regulations regarding parking in a location not designated as a parking space located on State property and therefore, he shall be required to pay the assessed fine. It is further held that the other charge, placed on the citation, regarding parking outside of parking stall lines, only applies in those situations wherein a vehicle is parked in a sloppy manner, so as to straddle the marked parking lines and no evidence was presented to establish that Appellant had parked in such a manner. Therefore, the additional charge of parking outside of parking stall lines shall be dismissed.

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. R2-6-203 (A) (3) provides, in pertinent part, “a person shall not park a vehicle in a location that is not designated as a parking space.”

3. 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…shall pay the monetary penalties prescribed in this section. A.A.C. R2-6-206 (B) (3) provides for a $20.00 monetary penalty for unauthorized parking in a location that is not designated as a parking space. Therefore, pursuant to A.A.C. R2-6-206 (B) (3) Appellant was subject to a $20.00 monetary penalty based on the fact that there were no double lines designating the area in which he parked as a legitimate parking space.

4. The citation issued in this matter for parking in a location not designated as a parking space was justified.

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 only pay the fine of $20.00 for parking in a location not designated as a parking space, as provided in citation no. 12649. The additional charge of parking outside of parking stall lines is hereby dismissed. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott 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. R2-6-208 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 26, 2001

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of September, 2001, to:

J. Elliott Hibbs, Director Department of Administration-Capitol Police Parking ATTN: Rod Simpson 1700 W. Washington, Rm. 601 Phoenix, Arizona 85007

By ___________________________

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