City of Bowling Green v. McNamara

Sherck, Judge.

This appeal comes to us from the Bowling Green Municipal Court. There, appellant was convicted of failing to stop at a stop sign that was improperly placed. Because we conclude that the trial court erred in denying appellant’s motion to dismiss, we reverse.

Appellant, Michael McNamara, was cited for failing to stop at a stop sign, in violation of Bowling Green City Ordinance 72.27. The parties stipulated that the sign, placed in a residential district, was only five feet eleven inches from the ground. Appellant contended that he did not see the sign and moved to dismiss on the…