Inadequate Signage Defense (Kansas MUTCD)
Kansas adopts the federal MUTCD by reference (K.S.A. §8-2003) for traffic control devices. Parking restriction signs must be: (1) reflective; (2) at proper height (7 feet bottom of street signs); (3) spaced no more than 200 feet apart in restricted zones; (4) legible from a moving vehicle. State v. Hoyt, 33 Kan. App. 2d 372, held that enforcement of parking regulations requires constructive notice via compliant signage. Faded, knocked-down, obscured, or absent signage renders the restriction unenforceable.
Legal basis
K.S.A. §8-2003 (MUTCD adoption); Kansas MUTCD; State v. Hoyt, 33 Kan. App. 2d 372
Sample appeal wording
TO: [Municipal Court] RE: Citation #[NUMBER] - Inadequate Signage Dear Hearing Officer, I contest citation #[NUMBER] under K.S.A. §8-2003 and the Kansas MUTCD on the grounds of inadequate signage at [LOCATION]. The signage at this location is deficient because: [A] No sign within 200 feet of where my vehicle was parked. [B] Sign is faded such that the time/day restriction is illegible. [C] Sign is obscured by [tree/truck/construction]. [D] Sign was knocked down or removed at violation time. Under State v. Hoyt, 33 Kan. App. 2d 372, parking enforcement requires constructive notice. Inadequate signage cannot serve as the basis for citation. Attached photos document deficient signage. I request dismissal. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- K.S.A. §8-2003
- Kansas MUTCD
- State v. Hoyt, 33 Kan. App. 2d 372