Judge Rudy Reports : Public Parking
By Rudy Serra
Q: I LIVE IN FERNDALE. I HAVE A NEIGHBOR who has a driveway and multiple cars. He
never uses his driveway, and parks all his cars on the street so I can’t park in front of my own house. Is there anything I can do?
ANSWER: THERE IS NOTHING YOU CAN DO to prevent a person from legally parking on a public street. You cannot force a person to park in their driveway just because they have one. The key is-sue is whether they are parking legally.
The Ferndale Code of Ordinances talks about parking on residential streets in Title 10. Check it out online. Ferndale ordinances forbid anyone from parking a vehicle on any public street for more than 24 hours.
In addition, the ordinance says you cannot move a car from one spot on the street to another spot on the same street in order to avoid the 24-hour ban. Enforcement of this regulation would probably reduce or eliminate your problem.
The best way to resolve a problem like this, of course, is with a courteous conversation. If your neighborhood has a block club, or neighborhood watch, they might be helpful. It might be helpful for a community group to distribute copies of the parking ordinance door-to-door. You may want to share a copy of the ordinances, or this article in Ferndale Friends, with all your neighbors. I have neighbors who run a day care, there is a church nearby, and others have multiple cars, but there has never been a parking issue on wonderful Wordsworth that I know about.
The Ferndale Police prioritize resources. Parking enforcement in a residential area is not likely to get much attention unless you make your concerns known to the Public Works Director, who is responsible (see the parking ordinances) for parking regulations. If you do not get a reply from the Pub-lic Works Director, you might want to contact the City Manager and/or Mayor and City Council. The Public Works Director is the place to start.
The Ferndale Code says that the city should send written notice to the owner of any vehicle found to be in violation. The owner is given a chance to comply. If they fail, the car can be impounded and the registered owner can be fined. Some streets limit parking to certain hours or days. Many cities require cars to be off the street in the event of snow, and other forms of regulation may be avail-able to help you.
Please promote peaceful parking.
JUDGE RUDY REPORTS is a regular feature in Ferndale Friends. This ¨ask the lawyer¨ format column welcomes questions from readers. If you have a legal question or concern, send your question by email to rudy.serra@sbcglobal.net. Advice about specific cases cannot be provided but general legal questions and topics are welcome.
