Parking ticket for parking in our own driveway! (HOA, houses)

[keliyra]

Ok guys - help me out - I think this is totally bogus but I'm not sure if it's worth fighting and also whether or not this is right or wrong.

We are staying with my in-laws until we find our place and as such it means that we can have up to 6 people (read 6 cars) at any one time. Their house has room for 4 cars and the other 2 typically park on the street.

So here's the story - yesterday my husband was off work and everyone else was at work so his car was parked behind my car in our driveway. Our neighbor came over about 11:30 and told us he got a ticket on his car. The ticket says it's for "blocking the sidewalk".

I guess the question really is - does that end of our driveway count as driveway or sidewalk? I can't find any definitions online so I'm hoping that maybe someone on here can shed some light. My thought is that the spirit of blocking the sidewalk would be if you were literally parked on the sidewalk but then, that's why I'm asking you guys.

The ticket was written by an Orange County Sherriff's officer. At least according to the header on the ticket.

Thanks

[annerk]

The law is specific. You can't block the sidewalk. You can park on the apron or in the driveway, but not on the sidewalk. Pay the ticket, you won't win trying to fight this one.

From the Florida Driver's Handbook:

Where Parking is not Allowed

• On the roadway side of another parked vehicle (double parking).
• On crosswalks.
• On sidewalks.
• In front of driveways.
• By curbs painted yellow or where "No Parking" signs are posted.
• Within intersections.
• Within 15 feet of a fire hydrant.
• Within 20 feet of an intersection.
• Within 20 feet of the entrance to a fire, ambulance or rescue squad station.
• Within 50 feet of a railroad crossing.
• On the hard surface of a highway where parking spaces are not marked.
• On any bridge or overpass or in any tunnel.
• Within 30 feet of a rural mail box on a state highway between 8 a.m. and 6 p.m.
• Within 30 feet of any flashing signal, stop sign or traffic signal.
• In such a way that you block or create a hazard for other vehicles.

Frankly I'm glad that they are enforcing this. It's obnoxious when people block sidewalks with their cars. It's not fair to pedestrians such as mom's pushing baby carriages who then have to go out into the street to get around them.

One of the funniest things I ever did was let my dog pee all over the neighbors Bently when he had the sidewalk blocked as we (tried to) walk by.

[Practice]

I've known about this rule so I've always made sure not to block the sidewalk and would park on the street if there was already a car in the driveway. I've never actually seen a ticket for this, but it doesn't surprise me.

I agree with the law, but I do understand this is frustrating to you especially if you didn't know you were in the wrong. You could always fight it and plead your case.

[cmj_fla]

I have had a cop come by and warn us about this before I knew it was a law but have never seen anyone get a ticket. It sucks and I am sorry but it is a law

[s8film40]

It depends on whether the sidewalk/roadway is publicly owned or private. If the sidewalk/roadway is privately owned like by a HOA or something as is the case with some of the communities in Florida then the law doesn't apply, otherwise sounds like your out of luck.

[annerk]

Originally Posted by s8film40

It depends on whether the sidewalk/roadway is publicly owned or private. If the sidewalk/roadway is privately owned like by a HOA or something as is the case with some of the communities in Florida then the law doesn't apply, otherwise sounds like your out of luck.

Not true. I live in a HOA, the roads are privately owned, and the HOA has given the police authorization to ticket people within the community.

[keliyra]

Wow - I can't believe that - I get what you're saying about pushing a stroller - but honestly it seems a little extreme as it is part of the driveway. But, the masses (such as they were) have spoken and we'll pay the $10 and live and let live. I guess we'll just have to hope they don't come by anymore until we get our own place. I'd much rather see them ticket the 2 houses across from us who haven't mowed their yards since I've moved down in April. Our little dog couldn't even be seen when he went over there. LOL

Thanks guys we'll just consider this a learning curve!

[s8film40]

Originally Posted by annerk

Not true. I live in a HOA, the roads are privately owned, and the HOA has given the police authorization to ticket people within the community.

Actually that doesn't apply to sidewalks only roadways and even then it's a very gray area.
Advisory Legal Opinion - Police enforcement of ordinances on private property

[annerk]

You missed the important point. Sidwalks are common area, not an individual owners private property. The associaltion signed a legal document allowing the police to patrol and ticket within the confines of the HOA. So while they can't get involved in a CIVIL matter such as a car on a lawn, they can get involved in all manner of traffic infractions including issuing speeding tickets, illegal parking citiations where the car is parked on common area property, and failure to stop/yeild citations.

[s8film40]

Seems pretty specific to me.

However, no authority to enforce Chapter 316, Florida Statutes, exists on private residential property which may not be used by the public for motor vehicle traffic.

I guess if you consider the sidewalk part of the roadway, it's a little bit of a stretch since it specifically say's motor vehicle traffic. It seems to me since the sidewalk in an HOA are common property to the owners but not necessarily open to public use it would fall under the restrictions of HOA rules not traffic laws.

Also speeding tickets on private roads actually aren't enforceable.