MUTCD Compliance Failure - Inadequate Snow Emergency Signage
Fargo issues thousands of snow emergency parking tickets annually under Fargo Municipal Code Chapter 8 during snow emergencies. However, NDCC §39-07-02 requires all traffic control devices to conform to the Manual on Uniform Traffic Control Devices (MUTCD). If snow emergency signage is missing, obscured by accumulated snow (ironically), faded, or inconsistent with MUTCD specifications (mounting height of 7 feet, retroreflective sheeting, proper symbology), the citation must be dismissed. Photo evidence of obscured/missing signs is dispositive.
Legal basis
NDCC §39-07-02 (MUTCD adoption); Fargo Municipal Code §8-0306 (snow emergency); MUTCD Section 2B.46-2B.51
Sample appeal wording
TO: City of Fargo Parking Division RE: Citation #[NUMBER] - Appeal Based on MUTCD Non-Compliance Dear Hearing Officer: I am contesting Citation #[NUMBER] issued on [DATE] at [LOCATION] for [VIOLATION]. Under NDCC §39-07-02, all traffic control devices in North Dakota must conform to the Manual on Uniform Traffic Control Devices (MUTCD). At the location and time of the alleged violation, the signage was non-compliant in the following respects: 1. [DESCRIBE - sign obscured by snow, missing, faded, improperly mounted, etc.] 2. Attached photographs taken on [DATE] at [TIME] document the non-compliance. 3. North Dakota appellate authority requires actual notice to motorists; signage that cannot be reasonably observed by an approaching driver fails this standard. I request dismissal of this citation. Respectfully, [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t39c07.pdf
- Fargo Municipal Code Chapter 8
- MUTCD 2009 Edition (adopted by ND)