NYC Parking Ticket Ninja

A guided appeal builder for NYC parking violations

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NYC parking violation code

Code 40: Fire Hydrant

Code 40 — Stopping/Standing/Parking Within 15 Feet of a Fire Hydrant. NYC Parking Ticket Ninja provides a curated appeal guide for this code, with the relevant statute citations and a question set targeted to the elements the City must prove.

Typical fine

$115

Appeal deadline

30 days

From the issue date on the ticket

Adjudicated by

NYC DOF Parking Violations Bureau

Build an appeal for code 40

The guided interview asks only the questions relevant to code 40, ranks the viable defenses based on your answers, and produces a PDF appeal letter you can file online, by mail, or in person.

Start guided appeal for code 40

Governing law

  • NY Vehicle and Traffic Law § 1202(a)(2) (Stopping/standing within 15 feet of a fire hydrant)
  • NYC Traffic Rules § 4-08(e)

What the City must show

To sustain a code 40 citation, the City has to establish each of the following on the record:

  1. The location had a fire hydrant.
  2. The vehicle stopped, stood, or parked within 15 feet of the hydrant.
  3. No exception (such as a pinned-back or marked-out hydrant) applied.

Common defenses

  • Mistaken identity / wrong vehicle

    The plate, vehicle description, or other identifying information on the ticket does not match the vehicle, so the citation cannot be enforced against this owner.

  • Incorrect time or date on ticket

    The time or date recorded on the ticket cannot be reconciled with when the vehicle was actually at the location.

  • Bona fide emergency

    The vehicle was stopped at the cited location because of a true emergency that left no reasonable alternative.

  • Driver was present and the vehicle was not "standing"

    The vehicle was attended by a driver who was prepared to move it on request, so it was not "standing" or "parked" within the meaning of the rule.

  • Defective ticket — missing or illegible required information

    The ticket fails to record the information required by NYC Admin Code § 19-203, depriving the operator of fair notice.

Notes

The 15-foot measurement is from the closest point of the hydrant. If curb markings are present, contesting on distance grounds requires precise measurement evidence.

Frequently asked questions

What is NYC parking violation code 40?

Code 40 is the NYC Department of Finance designation for "Fire Hydrant". It is issued when a vehicle is parked, standing, or stopped in violation of the cited rule.

How much is the fine for NYC parking code 40?

The typical fine for code 40 is $115. Late-payment penalties can roughly double the amount if the ticket is not paid or contested within the appeal window.

What's the deadline to appeal a code 40 ticket?

NYC requires parking-ticket appeals within 30 days of the issue date. Appeals filed after the 30-day window may be accepted only on a showing of good cause.

Where do I file an appeal for code 40?

Appeals are submitted to NYC Department of Finance Parking Violations Bureau. You can file online at nyc.gov/payparking, by mail, or in person at a DOF Business Center. The 30-day deadline applies regardless of forum.

What defenses work best for a code 40 ticket?

For code 40, our engine considers: Mistaken identity / wrong vehicle, Incorrect time or date on ticket, Bona fide emergency, Driver was present and the vehicle was not "standing". The strongest defense depends on the facts — start the guided interview to see which apply to your situation.

Related codes

See all NYC parking codes