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Old 05-19-2005, 08:00 PM
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Handicapped Parking - Private / Vacant Building


What is the name of your state?What is the name of your state? California

My company is in the proccess of moving office buildings, and I have been tasked with much of the prep work. The entire building is vacant and while moving equipment into the new office I parked in a space marked handicapped and was consequently issued a citation.

My questions are:

1) Since we are leasing the entire building to include the attached private parking, shouldn't it be up to me to enforce/report the illegal parking of a vehicle in this spot?

2) Shouldn't the fact that the entire building is vacant and therefore not being frequented by any potential disabled person affect my ability to use these spaces?
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Old 05-19-2005, 09:35 PM
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Quote:
Originally Posted by 323LS1
1) Since we are leasing the entire building to include the attached private parking, shouldn't it be up to me to enforce/report the illegal parking of a vehicle in this spot?
No. As long as the parking is properly posted for handicapped spaces, then it can be enforced.

If you own the parking lot, I suppose you COULD remove the handicap parking signs to make it unenforceable ... but then you might run afoul of city planning ordinances.


Quote:
2) Shouldn't the fact that the entire building is vacant and therefore not being frequented by any potential disabled person affect my ability to use these spaces?
Again, as long as they are properly marked, then the city can enforce the handicapped parking ordinance as written.

You can always appeal the citation to the city and see if they will bite at your arguments. They don't have to, but they might.

- Carl
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Old 05-19-2005, 09:53 PM
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Writer, could you have parked in any other parking space?
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  #4  
Old 05-19-2005, 10:18 PM
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At the time of the citation there were alternate spaces. There really is no excuse beyond my own misinterpretation of what private property really meant. This space simply offered the easiest access for unloading the equipment from my truck. Once done unloading I never thought twice about leaving my vehicle there figuring that since I was on our property it was out of the jurisdiction of local PD.

My ignorance is my loss I suppose. These aren't treated any differently than any other parking violation are they? These aren't considered "dings" on my driving record are they?
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Old 05-20-2005, 09:40 AM
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Quote:
Originally Posted by 323LS1
My ignorance is my loss I suppose. These aren't treated any differently than any other parking violation are they? These aren't considered "dings" on my driving record are they?
No. It would go as a lien against your vehicle registration if you failed to resolve the matter, however.

And it might not hurt you to go in and argue your case at the parking authority (or whatever city office handles parking cites). There is an appeals process you have to go through, but it generally entails putting down the fine ahead of time.

- Carl
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"Make mine a double mocha ...
And a croissant!"

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Can Stand Before Anyone

....author unknown
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