Is my parking lot public or private?

[Number21]

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

I lease an industrial shop where I work on various trucks and other equipment. Since I work for myself I work pretty much 24/7...and that means sometimes I might like to have a beer or two while I'm working on a vehicle, and, I may also have to start that vehicle and move it around the parking lot. This would be "drunk driving" on a street, but I am neither drunk, nor driving anywhere.

Other times I might want to do a smokey burnout just to have a little fun. Also illegal on the street.

What I'm wondering is, can I get in trouble for doing these things in my own parking lot? Would it be considered a "public" place since I have neighbors that share it and there is no barrier to any random traffic that wants to come in?

I want to make it clear again that I'm not doing any of those things on a street. I know it would be legal to do in my own backyard...but a parking lot is kinda different.

 

[CdwJava]

Is your lot open to the public so they can access your business? Is it restricted?

ORS 811.135 applies to "applies on any premises open to the public". Thus, it would seem that such an action could be unlawful.

You might consider contacting your local police department find out what they might do.

- Carl

 

[CraigFL]

I also think you need to consider your landlord/lease contract as well as your neighbors. If you get rowdy and bother them, you may also get in trouble that could lead to eviction.

 

[I_Got_Banned]

I also think that if these are other people's trucks and equipment that you're working on, then you should reconsider driving them while you are drinking as well as refrain from doing "smokey burn outs" just to have a little fun.

 

[Number21]

Is your lot open to the public so they can access your business? Is it restricted?

Well, there are no signs inviting anyone in, it's not a retail business, but it's just a normal driveway like any other, there are no "do not enter" signs or anything like that.

I also think you need to consider your landlord/lease contract as well as your neighbors. If you get rowdy and bother them, you may also get in trouble that could lead to eviction.

You guys may think I'm nuts, but trust me, I'm the quiet one. The landlord doesn't care, and we're in an industrial area so noise/smoke is to be expected from time to time.

I also think that if these are other people's trucks and equipment that you're working on, then you should reconsider driving them while you are drinking as well as refrain from doing "smokey burn outs" just to have a little fun.

Nope, they're all mine. I collect old trucks with big blocks.

 

[CdwJava]

If it is not restricted in any way, then it is arguably open to the public and the previously stated section likely applies. In other words, you can apparently be cited.

As I suggested, call the local police department and get their take on the problem. Be sure to note the date and time, and the name and ID number of the person you spoke to.

- Carl

 

[Number21]

If I was to put up a professional looking sign that says "this is a private parking lot" or something like that, would that change things? I know asking the local police is really the only way to get the "final" answer, but somehow I think if I called and asked them this same question they would tell me not to do it...whether it's legal or not.

 

[CdwJava]

Is the parking lot for a business that is open to the public? Is it controlled access by permit, gate, or paid parking?

If it can be accessed by the general public so that they can access your business or any others associated to the property, then it is almost certainly going to be public access.

You may want to research what will qualify it as private property and if you are legally able to light 'em up even on private property. There may be a section that makes it unlawful on ANY property - maybe even a municipal code violation.

I suppose it depends how desperate you are to burn rubber in your parking lot.

- Carl