Faded, Obscured, or Missing Signage (47 O.S. §11-1004)
Oklahoma's Manual on Uniform Traffic Control Devices (adopted by reference under 47 O.S. §15-104) requires that all parking restriction signs be: (1) reflective for nighttime visibility; (2) installed at correct height (7 feet to bottom of sign for street signs); (3) spaced no more than 200 feet apart in restricted zones; (4) legible from a moving vehicle. If a sign is faded beyond legibility, blocked by trees/vehicles/construction, knocked down, or simply absent at the violation location, the restriction is unenforceable. Oklahoma courts apply the 'reasonable driver' standard - a driver of ordinary intelligence must be able to perceive the restriction from the position of approach.
Legal basis
47 O.S. §15-104 (MUTCD adoption); 47 O.S. §11-1004 (signage); Oklahoma City Municipal Code §32-303
Sample appeal wording
TO: [Municipal Court / Parking Authority] RE: Citation #[CITATION_NUMBER] - Inadequate Signage Date: [DATE] Location: [STREET ADDRESS] Dear Hearing Officer, I contest citation #[CITATION_NUMBER] under 47 O.S. §15-104 and the Oklahoma Manual on Uniform Traffic Control Devices on the grounds of inadequate signage at the violation location. The signage at [SPECIFIC LOCATION] fails to provide constructive notice of the parking restriction because: [A] No sign is posted within 200 feet of where my vehicle was parked, contrary to MUTCD spacing requirements. [B] The sign at [LOCATION] is faded to the point that the time restriction / day restriction / red letters are illegible from a moving vehicle. [C] The sign at [LOCATION] is obscured by [tree / parked truck / construction equipment / advertising banner], rendering it invisible from the position of normal approach. [D] The sign was knocked down / removed at the time of the violation, as evidenced by [post stub photo / city work order / witness statement]. Under Oklahoma's adoption of the MUTCD, signs that fail to provide notice cannot be the basis for a parking enforcement action. A driver of ordinary intelligence must be able to perceive the restriction. Attached photos document the deficient signage from the driver's perspective. I request dismissal of the citation. Sincerely, [NAME] [ADDRESS] [PHONE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 47 O.S. §15-104 - MUTCD adoption
- 47 O.S. §11-1004
- Oklahoma Manual on Uniform Traffic Control Devices
- OKC Municipal Code §32-303