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I can't upload my image, so I will do my best to explain the visual. I also apologize if this sort of question is not to meant to be asked on this branch of Stack Exchange.

I, along with the other vehicles we own, park in our driveway, of course. My wife parks in the garage, which the driveway leads up to.

In the middle of our driveway, the sidewalk runs perpendicular through it. My truck cannot fit on either half.

This morning, after years of living here, and not far from a deputy, I received a parking violation for "parking on the sidewalk". My tires were not on it, but I was blocking it because that is where our driveway is.

Should I fight this ticket? I literally have nowhere else to park my vehicles. I don't have enough curb near my house to park all 3 vehicles.

Is there anything I can do to my driveway to allow me to actually use it?

Trish
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Brett Comardelle
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4 Answers4

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I'm assuming you are talking about something like this

sidewalk crossing driveway

You didn't specify where you live, but in many places it is illegal to block the sidewalk with a car. I just looked up my local ordinances and it is there. In fact, it is your driveway, but often the land up to and including the sidewalk is considered part of a public easement. Typically you are required by law to maintain any grass in the easement, but if the sidewalk were to fall into disrepair, the local government would fix it. Information on easements can also be found in your local ordinances, here is an example in my area.

Should I fight this ticket?

You can try, but I doubt you will win.

Is there anything I can do to my driveway to allow me to actually use it?

I would suggest asking on Lifehacks. And post a link here to your question if you do, I'd be curious to know what they come up with.

mikeazo
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Where I live, the way I use the word 'driveway', my driveway is on my land. Then there is the sidewalk ('footpath' here). Then there is a ramp which goes down onto the road, also called a 'crossover'.

The sidewalk and the ramp/crossover are not yours. They belong to a public authority such as the city or the local council. Therefore you are unlikely to have any right to leave a vehicle on them.

You may have a legal obligation to maintain said ramp/crossover but that does not mean you own it. It just means that the local law has decided that you are the right person to pay for its upkeep.

Is there anything I can do to my driveway to allow me to actually use it?

If your wife can get in and out of the garage, then it sounds like you are already using your driveway just fine. There is nothing anomalous or unintended about you not being able to park on that part of your 'driveway' that is on the road side of the sidewalk.

EDIT: To be more precise:

  • 'Should I fight this ticket?' - In order to give a useful answer on this point, you would need to post the details of the ticket, including the law under which it is issued and the allegations listed in the ticket.
  • 'Is there anything I can do to my driveway to allow me to actually use it?' - You would need to buy the land from the city/local government and arrange for them to close the sidewalk in that area. This is unprecedented but in theory they could agree to do this.
Patrick Conheady
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Sometimes the city codes require a certain amount of yard frontage and limits on setbacks. Since the sidewalk to the road is technically not yours, maybe there is a way to have the city agree to make it yours if you can prove that they have in some way violated your zones property size limits on front yard distance to the sidewalk. I have seen verbage that alludes to certain lot sizes and Zoning areas requiring a minimum amount of yard space before any public right of way or sidewalks begin.

So if the city is found to be violating their requirements you may be able to push the issue or at least get it dismissed.

Tim
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There is a 15 foot easement from the middle of the street to your property that is owned by the city. If you did not have a sidewalk you would not be able to put a fence up within that 15 feet. My husband and I found that out when we put up a fence and then we had to move it back to the 15 foot property line. Actually the fence had to be approximately 4 to 5 feet off the easement line.

The sidewalk is owned by the city along with the ramp which grants you access to the street. It is illegal to park across the sidewalk to your driveway blocking pedestrians access to the sidewalk.

My neighbor does it all the time. People walk up and down the sidewalk all day long and have to walk around their vehicles and out into the street including women pushing baby strollers.

He also owns a motorcycle and parks it on the sidewalk.

user41121
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