Results 1 to 7 of 7
  1. #1
    Join Date
    Jun 2013
    Posts
    26

    Default Ticket for Parking on My Own Property

    My question involves a traffic citation from the state of: Ohio

    This is how the story goes, a neighbor complained of an extra car I have which is operable but not plated to date. The title and prior registrations when I used the car are all under my name and the car functions fine. I did some repair work slowly on it to get it running before I brought it to the property and I have plans on moving it into my garage once I get it built.

    In the mean time I was originally given a warning for (due to neighbor complaint) having a junk vehicle. After I reviewed the law, I called the Housing inspection official who was on the complaint and I told him this car was operational, and I would be happy to start it up for him which kind of temporarily ended the dispute.

    Here is the code I was warned with:

    351.18 JUNK MOTOR VEHICLES.
    (a) No person shall park or keep any junk motor vehicle on any public property or property open to the public for vehicular travel.


    (b) No person shall park or keep any junk motor vehicle in any place other than a lawful private garage or parking garage, as defined in Section 1122.03 of the Planning and Zoning Code.


    (c) It shall be an affirmative defense to subsection (b) of this section if:


    (1) The junk motor vehicle was improperly kept or parked for less than twenty- four consecutive hours; or


    (2) The person was engaged in the lawful operation of an impounding storage area, repair garage, junkyard or scrap metal processing facility.


    (d) "Junk motor vehicle" as used herein does not include a collector’s vehicle as defined in Ohio R.C. 4501.01(F) but includes any vehicle that:


    (1) Does not have current lawful license plates, has not been moved for forty- eight consecutive hours and is apparently inoperable; or


    (2) Is not roadworthy including, but not limited to: missing motor, transmission, headlight, door, hood, windshield, wheel or tires, extensively damaged body, broken axle, wheel, windshield or windows.

    (Ord. 70-1991. Passed 5-13-91.)



    So the next phase of this, is a direct visit to my house by a local LEO which told me I was now going to be cited under 351.19 if I didn't have the car plated or gone from the city in 1 month. During this time I researched the law on 351.19 which tells me that as long as I don't leave the car parked for 48 contiguous hours I would be in compliance with the law.

    351.19 REGULATING UNLICENSED MOTOR VEHICLES.
    No person shall park, store or leave or permit the parking or storage of any unlicensed motor vehicle of any kind, for a period in excess of forty-eight hours, whether attended or not, upon any property within the City, unless the vehicle is parked or stored pursuant to court-ordered immobilization, or pursuant to Ohio R.C. 4507.38, 4511.195, 4503.233 or substantially equivalent ordinance, or unless the vehicle is enclosed within a building, garage or carport or further, is connected with and essential to the operation of a business enterprise conducted in a lawful place and manner and properly licensed. For every day such violation shall exist it shall be deemed to constitute a separate offense.

    (Ord. 52-1994. Passed 4-11-94.)


    I called and spoke with the prosecutor, he said they have no affidavit for this time of zoning infraction and it just kind of comes out in the wash if it goes to court and I contest it. I asked him about the parking defintion and he was unable to answer and instead said that it sounded like a defense if I take it to court. He suggested I speak with the LEO who cited me, and I have to say the prosecutor was very helpful and professional.

    When I got in contact with the LEO on the phone, I told him what I found and asked him how he determined I have had it "parked" for 48 hours. He said he saw it before, and it there still which is all he needs. I asked him if he marked the tires to see if it was stationary or took any other kind of evidence and he did not.

    He started laughing and mocking me for asking if simply moving the car periodically would put me in compliance in his eyes. He said unless I take it on the road, moving it within the private property would not constitute "moving" or "operating" the vehicle.

    So, my understand from legally looking up "parking" is that it is not in motion. Once a car goes into motion, it is no longer parked. Can anyone help me out here? I was willing to be nice and pay the ticket, but after the mockery from the cop on the phone I am quite annoyed and now will fight out of principle.

    If I were to move the car 2-3 feet every other day within my own private property, would I be in violation of 351.19?

  2. #2

    Default Re: Ticket for Parking on My Own Property

    Moving or not, if the vehicle isn't properly registered then it's going to fall under the junked vehicles ordinance. Notice it says "park or KEEP". Even driving it around once in a while doesn't help, it's still being "kept" on the property. Your neighbors don't want to be living next to an auto shop, which is why such ordinances exist. Either properly register the vehicle, or garage the vehicle so it's not visible at least from the street, or register your address with your municipality as an auto shop business including getting proper zoning authorization, or expect civil fines from the city/county. There's a difference between a civil ordinance violation, which is what it sounds like is occurring at this point, even if it was dished out by law enforcement, and a criminal violation (law enforcement in many places co-functions with code enforcement). The prosecutor's office isn't going to be brought in until and unless the issue goes from being civil to being criminal, so don't let lack of a case before the criminal court lull you into thinking that no CIVIL action can be taken against you (such as increasing fines, leins on property, etc.)

    The cop might have been a jerk, but if your vehicle isn't in compliance, it's not in compliance. You can always request that some other officer come out and cite you for the same thing.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Ticket for Parking on My Own Property

    I have run across this in Ohio. All I did was put the car into the garage for a month or so. When I parked it back outside, I put a car cover on it. Never heard a peep about it again.

  4. #4
    Join Date
    Jun 2013
    Posts
    26

    Default Re: Ticket for Parking on My Own Property

    Quote Quoting aardvarc
    View Post
    Moving or not, if the vehicle isn't properly registered then it's going to fall under the junked vehicles ordinance. Notice it says "park or KEEP". Even driving it around once in a while doesn't help, it's still being "kept" on the property. Your neighbors don't want to be living next to an auto shop, which is why such ordinances exist. Either properly register the vehicle, or garage the vehicle so it's not visible at least from the street, or register your address with your municipality as an auto shop business including getting proper zoning authorization, or expect civil fines from the city/county. There's a difference between a civil ordinance violation, which is what it sounds like is occurring at this point, even if it was dished out by law enforcement, and a criminal violation (law enforcement in many places co-functions with code enforcement). The prosecutor's office isn't going to be brought in until and unless the issue goes from being civil to being criminal, so don't let lack of a case before the criminal court lull you into thinking that no CIVIL action can be taken against you (such as increasing fines, leins on property, etc.)

    The cop might have been a jerk, but if your vehicle isn't in compliance, it's not in compliance. You can always request that some other officer come out and cite you for the same thing.
    Ok, I think I might have muddied the waters with my explanation. I was NOT charged with Junk Vehicle (351.18). I was charged with 351.19 which is an unregistered vehicle violation.

    To your summary of the intent of the law, I understand that. However, my place is not an auto-shop, the car works and the fact that it would come into zoning compliance by simply affixing a sticker and plate to the rear of the vehicle and not change the actually location of where it sits actually accomplishes nothing for the neighbors unfavorable view.

    The crucial part of the ordinance I was cited over is the 48 hour contiguous hours of parking/storage. I need to get a clarification from someone on what exactly "parking or storage" is. Traditionally speaking it is something not in motion.

    For example, when parking on the streets a common practice is to mark the ground/tire with a chalk or marker which will show if the tire remains in the exact same spot relative to the ground.

    I will operate the car within 48 hours to keep it in compliance.

  5. #5
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    200

    Default Re: Ticket for Parking on My Own Property

    Quote Quoting Suisse
    View Post
    Ok, I think I might have muddied the waters with my explanation. I was NOT charged with Junk Vehicle (351.18). I was charged with 351.19 which is an unregistered vehicle violation.

    To your summary of the intent of the law, I understand that. However, my place is not an auto-shop, the car works and the fact that it would come into zoning compliance by simply affixing a sticker and plate to the rear of the vehicle and not change the actually location of where it sits actually accomplishes nothing for the neighbors unfavorable view.

    The crucial part of the ordinance I was cited over is the 48 hour contiguous hours of parking/storage. I need to get a clarification from someone on what exactly "parking or storage" is. Traditionally speaking it is something not in motion.

    For example, when parking on the streets a common practice is to mark the ground/tire with a chalk or marker which will show if the tire remains in the exact same spot relative to the ground.

    I will operate the car within 48 hours to keep it in compliance.
    (As you may know) Just because a vehicle is running or functioning with an expired, suspended, cancelled, or non-existed registration, it doesn't make it (legally) operable. The main aspect is that once a vehicle's registration has expired, it cannot be legally parked or operated outside a garage. You were cited for not garaging your unregistered vehicle. Vehicles that cannot/will not be used at least seldom cannot be parked outside of a covered/sheltered area, even if it is registered and running. When you decide to fight the ticket or citation, the question that may be asked is, "Why wasn't your unregistered vehicle in a garage or storage area?" You can move and park your vehicle forty-eight times within forty-eight hours on your property. It will still be considered as an inoperable vehicle not being stored in a covered area. At this point, you should consider the choices aardvarc gave you.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Ticket for Parking on My Own Property

    The only way you are going to "move the vehicle" is to legally plate it. If you do not want to play the insurance/plate game, put it into the garage for a while.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Ticket for Parking on My Own Property

    OP may wish to check the law regarding what vehicles are required to be registered. Its possible that only vehicles operated on a highway are required to be registered.

    1. Sponsored Links
       

Similar Threads

  1. Parking Tickets: Parking Ticket on Private Property
    By Pgoetz in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-20-2013, 04:06 PM
  2. Parking Tickets: Parking Ticket on Private Property New York State
    By harley_man1956 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 10-01-2012, 07:44 PM
  3. Parking Tickets: Can the Police Issue a Parking Ticket on Private Property
    By Hiway in forum Moving Violations, Parking and Traffic Tickets
    Replies: 19
    Last Post: 06-04-2012, 03:03 PM
  4. Parking Tickets: Parking Ticket on Private Property
    By Doom4life in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-15-2011, 02:25 AM
  5. Improper Backing Ticket in Private Property Parking Lot
    By davidssta in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-18-2010, 05:38 AM
 
 
Sponsored Links

Legal Help, Information and Resources