Ticket for Parking Too Close to a Driveway
My question involves a traffic ticket from the state of: Washington
I live in the city of Seattle, and my question pertains to a parking violation I received for parking within 5 feet of a driveway. I was parked on the Northern side of a "No Parking South" sign. The sign is about 15 feet from the edge of a driveway turn, leaving only about 10 feet for legal parking. Myself and many of my neighbors have been parking in this spot on a regular basis for at least the last 3 years (since I've lived in this house), and have never seen or heard of a single issue form either parking enforcement or the residents of the house attached to the driveway. Last weekend, new tenants moved in to the house attached to this driveway, and they wanted to park their moving truck where my car was parked, so they called parking enforcement and insisted that my car be towed because it was within 5 feet of their driveway. I was parked so that my bumper was probably 2-3 feet from the driveway turn. While the driveway is far too narrow for a car to actually fit (these new neighbors confirmed to me that they have no intention of actually using the driveway), and I recognize now that I broke the law, these new neighbors are now regularly parking their car completely blocking their own driveway, and preventing anyone from using the public parking area to the south, between the "No Parking" sign and their driveway. They also are intending to discourage others from parking in front of their house by threatening to tow any cars parked there.
This is obviously an unfortunate situation, with new neighbors behaving in a way that I believe is unfair, selfish, and disrespectful. There are many driveways up and down the block (including in front of my own home), and I have never seen or considered having anyone towed for parking within 5 feet of a driveway. This neighborhood is densely populated, public parking is difficult to find for all residents, and it is common courtesy to not have neighbors towed for breaking the exact same parking laws that you plan to break with your own car.
Firstly, do I have any legal recourse for the parking citation that I received? Or is there any way to recoup the cost of towing? I know there are some laws related to selective enforcement, but it's unclear how they might apply to this situation. Ultimately, I'm a graduate student on a very limited budget, and the cost of this ordeal represents about 35% of my monthly income, after deducting the cost of rent, so I'm very motivated to do what I can to recover this cost!
Secondly, is it legal for my neighbor to park in the way they are currently parking? They seem to be using their "driveway" as a way to claim their own private space in a public parking zone. I spoke with parking enforcement on the phone, and they told me that they would enforce the law if I wanted to make a complaint. I'd rather not do this, because I believe it's spiteful and vindictive, and I don't want to escalate this dispute. When I explained this to my neighbors, they claimed that they had also spoken to a parking enforcement officer who told them that if they put a sign on their windshield stating that they were blocking their own driveway then they would not receive a citation or be towed. My understanding of the way the law is written is that NO PERSON, regardless of property ownership, is entitled to park blocking a driveway.
Seattle Municipal Code 11.72.110 - Driveway or alley entrance
"No person shall stand or park a vehicle in front of a public or private driveway within a street or alley or in front of or in an alley entrance or within five feet (5') of the end of a constructed driveway return or alley entrance return, or if none, within five feet (5') of the projection of the edge of the driveway or alley."
https://www.seattle.gov/transportati...veway-markings
Re: Seattle Parking Law: Request for Guidance
Were you asked by them to move your car prior to it getting towed? If you were asked, you should have moved it out of common courtesy. If you weren't asked, they were technically allowed by the ordinance to call the authorities.
Can your neighbors vehicle (s) fit legally in their driveway without hanging over the sidewalk?
Can you park in your driveway? (Strike that if you live in a nearby apartment or are renting a room of a house).
I believe in the spirit of the law on parking issues, especially when it comes to blocking driveways. The law (or ordinance) is designed to prevent issues for someone who is parked in their driveway from being blocked in by someone else's vehicle. If I run a plate for a car blocking a driveway and it comes back registered to the driveway it's blocking I move on. It's their driveway they are blocking. No one else can park their either because then they would block the persons driveway, so what's the issue with them parking and blocking their own driveway if they want to? (Spite?)
The curb directly in front of their house is public property and anyone is allowed to park there (with in the given restrictions). The homeowner nor the authorities can do anything about a legally parked vehicle parked on public property. Its a common misconception by homeowners thinking that street parking in front of their house is theirs and theirs only. Your neighbor is wrong on this point.
It sounds like your neighbors are unreasonable when you approach them with parking issues. This is likely not going to change. Save yourself the grief and try to find public parking somewhere else or within the law. Perhaps marking the curb with curb paint to indicate 5' would be helpful.
Good luck on your issue and your studies.
Re: Seattle Parking Law: Request for Guidance
By the way, nothing prevents you from contesting the parking situation and tow. The way to contest should be on the back of the ticket or you can call the phone number listed on the front.
Re: Seattle Parking Law: Request for Guidance
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sniper
Were you asked by them to move your car prior to it getting towed?
They left a note on my windshield, and told me it was some time in the morning. My car was towed in the afternoon around 3pm. I was out of town on a hike all day until around 5pm.
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sniper
Can your neighbors vehicle (s) fit legally in their driveway without hanging over the sidewalk?
The driveway is too narrow for a car to fit in, so they don't actually use the driveway at all. The driveway is subterranean, and is around 5 feet wide with built up concrete walls on either side.
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sniper
Can you park in your driveway? (Strike that if you live in a nearby apartment or are renting a room of a house).
I live in a house that's been converted into an apartment complex, and there are multiple parking spots in the back that the driveway accesses. My partner uses the parking spot that's reserved for our apartment.
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sniper
No one else can park their either because then they would block the persons driveway, so what's the issue with them parking and blocking their own driveway if they want to? (Spite?)
The personal issue I have with it is that they had my car towed for breaking the same law that they are currently breaking. The practical and legal issue I have with it is that they are taking advantage of the law in order to reserve a public parking space for their exclusive use.
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sniper
It sounds like your neighbors are unreasonable when you approach them with parking issues. This is likely not going to change. Save yourself the grief and try to find public parking somewhere else or within the law. Perhaps marking the curb with curb paint to indicate 5' would be helpful.
It has been painted for a long time, and I won't be parking in that area in the future. I agree, it's not worth the trouble.
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sniper
Good luck on your issue and your studies.
Thank you! And thanks for your consideration and advice.
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EJay
You do not need to worry about being towed from public property without notice unless your vehicle constitutes an obstruction to traffic or jeopardizes public safety or falls under one of the other
limited circumstances an officer can request a tow.
What constitutes "notice"? They left a note on the windshield of my car at some point during the day on Sunday, and I was towed around 3pm. I was out of town for most of the day on Sunday, so I never saw the note.
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EJay
My recommendation is to try and work it out with your neighbor. Is there anyway they could park in their driveway and you park on the street as far away from the driveway entrance as possible? If not you may need to park down the street.
They can not park in their driveway because it is too narrow to accommodate a car. I parked as far away from the driveway without passing the "No Parking" sign that is just to the south of their driveway. You can see how they parked their car in the pictures in this album: https://imgur.com/a/YtadVVc. You can also see how narrow the space between the no parking sign and their driveway is.
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sniper
By the way, nothing prevents you from contesting the parking situation and tow. The way to contest should be on the back of the ticket or you can call the phone number listed on the front.
On what grounds would you recommend I contest the parking citation and tow? EJay mentioned that being within 5 feet of a driveway is not grounds for a tow. Is that a valid reason?