Parking Citation

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Florida

Totally convinced that today was Friday the 13th. Anyway, I have always parked next to our building under the overhang. There is a raised area with 8 feet of space next the building (strip mall) with overhang over parts of it. The CEO of our company, the property owner and property manager all gave permission for me to park there. I have a moped.

So today I come out to a ticket.

FSS 316.1945/636.101

Research on this:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1945.html

I'm very confused here. This is private property. It is NOT the sidewalk along next to the road. Would this be legitimate? If so, I'll pay the darn thing, but I'm not seeing how this qualifies as a sidewalk.

 

[justalayman]

What is the name of your state (only U.S. law)? Florida

Totally convinced that today was Friday the 13th. Anyway, I have always parked next to our building under the overhang. There is a raised area with 8 feet of space next the building (strip mall) with overhang over parts of it. The CEO of our company, the property owner and property manager all gave permission for me to park there. I have a moped.

So today I come out to a ticket.

FSS 316.1945/636.101

Research on this:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1945.html

I'm very confused here. This is private property. It is NOT the sidewalk along next to the road. Would this be legitimate? If so, I'll pay the darn thing, but I'm not seeing how this qualifies as a sidewalk.

Um, who is the sidewalk to be used by?


Realize that many sidewalks are on private property yet there are restrictions on blocking those that are for the use by the general public. In any town I can think of, sidewalks in front of houses are owned by the homeowner. In some cities the property associated with a building is owned to the edge of the roadway yet there it is, a sidewalk, where people walk down it.

as well, things like fire lanes in front of buildings, even when the building and the parking lot are privately owned are controlled where it is illegal to park there.


and the big one: handicap parking. Those on private property are controlled by the government, even though they are on private property.

do you think those that gave permission could give enforceable permission to allow you to park in a handicap space?


now, with that I'm not saying the ticket is valid. Merely giving you situations where there are enforceable parking restrictions, even though they are on private property.

 

[TinkerBelleLuvr]

My point is that this isn't a "sidewalk." No one was blocked. I am NOT parked anywhere near the handicap spots or ramp. NO signage about not parking there. No fire lanes marked.

 

[justalayman]

My point is that this isn't a "sidewalk." No one was blocked. I am NOT parked anywhere near the handicap spots or ramp. NO signage about not parking there. No fire lanes marked.

well, if it isn't a sidewalk, why did you call it a sidewalk and why does the cop that gave you a ticket think it is a sidewalk?



is it something the public would walk on?

No one was blocked

that argument is about as successful as: I know I was going 123 mph but there wasn't a single car other than me on the road.

I am NOT parked anywhere near the handicap spots or ramp. NO signage about not parking there. No fire lanes marked.

generally there are no signs directing a person to not park on a sidewalk. It is pretty much accepted that one doesn't.

and those examples were just to show you where laws can apply to private property.

 

[TinkerBelleLuvr]

I don't consider it a sidewalk which is why I am confused why I got the ticket.

 

[justalayman]

I don't consider it a sidewalk which is why I am confused why I got the ticket.

ok, let me ask you this:


is it a pathway constructed of concrete apparently designed to be walked upon by pedestrians consisting of the general public and adjacent area of either asphalt, dirt, or concrete designed to be driven upon by motor vehicles?

 

[TinkerBelleLuvr]

THIS is what I have been looking for: the LEGAL definition of a sidewalk:

The legal definition of a sidewalk is “that portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.”
http://www.iyield4peds.org/surprising-aspects-of-florida-pedestrian-laws/

What is there is NOT next to a street nor a roadway.

I'm looking for citations on the LEGAL definition of a sidewalk.

 

[justalayman]

have a great evening.