Inadequate Official Traffic-Control Device Under Minn. Stat. §169.06
Minnesota Statute §169.06 subd. 1 requires every official traffic-control device (including parking signs) to conform to the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) and be 'sufficiently legible to be seen by an ordinarily observant person.' Under §169.06 subd. 4, no provision of Chapter 169 requiring an official sign is enforceable against an alleged violator if the sign is not in proper position and sufficiently legible at the time and place of the alleged violation. This is a complete statutory defense — if the sign was missing, faded, obscured by foliage/snow/graffiti, knocked down, contradictory, or non-MUTCD compliant, the citation must be dismissed as a matter of law.
Legal basis
Minn. Stat. §169.06 subd. 1, 4; Minnesota MUTCD; State v. Larson; Minneapolis Code §478.40
Sample appeal wording
[DATE] City of [CITY] Parking Citation Appeals [ADDRESS] Re: Appeal of Citation #[CITATION_NUMBER] Vehicle: [LICENSE_PLATE] Location: [LOCATION] Date of Violation: [VIOLATION_DATE] To Whom It May Concern: I respectfully appeal the above citation pursuant to Minn. Stat. §169.06 subd. 4, which provides that '[n]o provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.' At the time and location of the alleged violation, the regulatory sign was [DESCRIBE DEFECT: missing / obstructed by [TREE/SNOW/GRAFFITI] / faded beyond legibility / knocked down / contradicted by adjacent signage / not conforming to the Minnesota MUTCD]. Photographs taken on [DATE] at [TIME] are enclosed (Exhibits A-[X]) showing [SPECIFIC DEFECTS]. Under §169.06 subd. 4, this is not a discretionary defense — the statute prohibits enforcement when the sign condition fails the legibility/position test. The Minnesota MUTCD (adopted under §169.06 subd. 1) further requires [SPECIFIC MUTCD STANDARD VIOLATED, e.g., Section 2B.13 minimum mounting height of 7 feet in urban areas]. I respectfully request the citation be dismissed in full. Sincerely, [NAME] [ADDRESS] [PHONE] Enclosures: Photographs (Exhibits A-[X])
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Minn. Stat. §169.06 (revisor.mn.gov/statutes/cite/169.06)
- Minnesota Manual on Uniform Traffic Control Devices (MnDOT)
- Minneapolis Code of Ordinances Title 17, Chapter 478