Improper parking violation, car and motorcycle same spot (Long Beach NY)

[Chrisgwag]

Hi everyone,

Wondering if anyone can point me to the specific law that I broke...

I have a motorcycle that I parked in a public parking spot. I parked the motorcycle at the head of the parking space to allow for a car to fit into the space. My girlfriend parked her car (a small Honda civic) behind my motorcycle and completely fit into the space. She received a "Violation 170, Improper parking" ticket.

The ticket states it was "either a violation of chapter 15 of the code of ordinances of the city of Long Beach, NY or a violation of the New York State vehicle and traffic law indicated.". We've searched code 15 and the NYS traffic laws to find a law that might apply to this situation (parking a motorcycle and a car in the same public parking spot), but came up empty handed. I searched for number of axels allowed in a parking spot and, still, could not find anything.

Is anybody familiar with this? The space does not have a meter on it, and it is free for anyone to park in.

Thank you for your help,
Chris

 

[adjusterjack]

Did you park your bike at right angles to her car? In other words, facing across the front of the space instead of head-in? If yes, then you violated Section 15-184(b) All vehicles shall be parked head-in only.

You bike should have gotten the citation.

Otherwise, did you look around the lot for signs that might limit one vehicle per space?

Beyond that, all I can suggest is she plead not guilty and go to court. When the parking officer testifies she can ask him to cite chapter and verse of whatever statute he relied on and if he can't, she can move for a dismissal.

 

[Chrisgwag]

Did you park your bike at right angles to her car? In other words, facing across the front of the space instead of head-in? If yes, then you violated Section 15-184(b) All vehicles shall be parked head-in only.

You bike should have gotten the citation.

Otherwise, did you look around the lot for signs that might limit one vehicle per space?

Beyond that, all I can suggest is she plead not guilty and go to court. When the parking officer testifies she can ask him to cite chapter and verse of whatever statute he relied on and if he can't, she can move for a dismissal.

Jack, thanks for the reply.

The bike was parked parallel to her front bumper (almost parallel to the curb). And no, there are no signs that mention one vehicle per space. No mention of one vehicle per space in the Long Beach ordinance, either.

I called the traffic division of Long Beach to see if they could cite the chapter and verse and they told me they would call me back. I'll follow up tomorrow.

 

[Zigner]

Was it a metered spot?

 

[adjusterjack]

Was it a metered spot?

OP already wrote:

The space does not have a meter on it, and it is free for anyone to park in.

The bike was parked parallel to her front bumper (almost parallel to the curb).

Which is a violation of 15-184(b) All vehicles shall be parked head-in only.

I called the traffic division of Long Beach to see if they could cite the chapter and verse and they told me they would call me back. I'll follow up tomorrow.

Looking forward to the results of the call.

BTW, I haven't found anything in the NYS parking statutes that would explain the citation:

https://law.justia.com/codes/new-york/2018/vat/title-7/article-32/

 

[nichjere19]

Which is a violation of 15-184(b) All vehicles shall be parked head-in only. That's why you still got a ticket cause you violated the law.

 

[HighwayMan]

BTW, I haven't found anything in the NYS parking statutes that would explain the citation:

https://law.justia.com/codes/new-york/2018/vat/title-7/article-32/

No, there is nothing in the Vehicle and Traffic Law that covers this. It's strictly a local parking ordinance.

If that's the case then it would appear that the wrong vehicle was cited. The OP may be able to get out of this based upon that. Not sure how much the fine is, but the OP can decide whether it's worth his time to get it adjudicated.

 

[Zigner]

I was thinking more along the lines of a possible restriction of one vehicle per stall, although I wasn't able to locate such a restriction.

 

[Chrisgwag]

Which is a violation of 15-184(b) All vehicles shall be parked head-in only. That's why you still got a ticket cause you violated the law.

My bike did not receive the violation. My girlfriend's car, which was parked in front of it, received the violation.

 

[Zigner]

My bike did not receive the violation. My girlfriend's car, which was parked in front of it, received the violation.

You said the car was parked behind it:

I parked the motorcycle at the head of the parking space to allow for a car to fit into the space. My girlfriend parked her car (a small Honda civic) behind my motorcycle and completely fit into the space.

The way I picture it is that your motorcycle was in the spot closer to the curb and her car was parked closer to the street. In fact, it really sounds to me now as if the car was considered to be double-parked.

 

[Just Blue]

My bike did not receive the violation. My girlfriend's car, which was parked in front of it, received the violation.

Chris...just ignore nichjere 19....S/He drops by sometimes to plagiarize (poorly) other members postings.

 

[adjusterjack]

My bike did not receive the violation. My girlfriend's car, which was parked in front of it, received the violation.

How much is the fine?

 

[Chrisgwag]

How much is the fine?

It's only $40, but it's the fact that we were written a violation without any wrongdoing.

It would be incredibly beneficial if I can park my motorcycle alongside my girlfriend's vehicle. It could prevent my bike from being knocked over, thieves from stealing it, etc. If there's no law against parking a motorcycle and car in the same spot (from what we've seen), I want to bring this to the attention of the town to tell them to stop writing arbitrary violations.

I followed up with the traffic division and they kept me on hold trying to find the specific statute. They said it has something to do with the number of axles in a spot. I just called back and they put me on hold, again, while they try to find it...

 

[Zigner]

https://newyork.public.law/laws/n.y._vehicle_and_traffic_law_section_1202
Stopping, Standing or Parking Prohibited in Specified Places

1202. Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or when in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
1.Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped, standing or parked at the edge or curb of a street;

 

[adjusterjack]

https://newyork.public.law/laws/n.y._vehicle_and_traffic_law_section_1202
Stopping, Standing or Parking Prohibited in Specified Places

1202. Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or when in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
1.Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped, standing or parked at the edge or curb of a street;

I'm sure that doesn't apply to a parking slot in a parking lot.

I want to bring this to the attention of the town to tell them to stop writing arbitrary violations.

You're very naïve if you think they will stop just because you say so.

I followed up with the traffic division and they kept me on hold trying to find the specific statute. They said it has something to do with the number of axles in a spot. I just called back and they put me on hold, again, while they try to find it...

They're not going to find it, any more than you or us found it (except for that head-in thing that you obviously violated).

You're girlfriend is going to have to plead not guilty and get this into court. She may be able to beat the ticket if there is no ordinance about how she parked.

Bottom line, it's either go to court or pay it.