Can SMFTA Officers ticket vehicles in private lots?

[N4teTheGreat]

If this is out of scope for this forum please let me know, that said I'm wondering if the SMFTA can issue parking citations in private lots. Say for example, a vehicle parked in a private garage? I have a friend who lives in a multi-unit building in San Francisco who told me that a neighbor who's disputing parking access has been letting the SFMTA to ticket cars in the garage which just sounds wild. I told them to fight those tickets, but if they were written in the first place it makes me wonder if I'm wrong.

 

[Shaggy]

It depends. The Vehicle Code can be enforced on private property if it is posted for enforcement.

Example:

 

[N4teTheGreat]

Good to know. In this case it's a private residential garage only accessible to residents. Seems someone has been calling the SFMTA and providing access to the garage for ticketing which seems shady. Presumably that'd be an easy ticket to contest aside from the time needed to do so.

 

[dravnx]

Are fire lanes and handicapped parking enforceable if there is no signage?

 

[ctwo]

I was told my car had to have a front plate when on my driveway, and that if I have an open can of beer when working on it, even if the engine is in the garage, I could be arrested for DUI.

I even found out that an entire city has parking regulation that overnight street parking is not allowed (like 2pm to 6am), but they issue special permits for residents or maybe other reasons. No signs at all, so just don't think that you can break down in a common residential area and park it overnight.

 

[bojangle]

Good to know. In this case it's a private residential garage only accessible to residents. Seems someone has been calling the SFMTA and providing access to the garage for ticketing which seems shady. Presumably that'd be an easy ticket to contest aside from the time needed to do so.

It sounds...........wrong.

But not sure without researching the SF Muni Codes.

Are you sure it's a private garage, as opposed to a city owned garage with some special permit lease agreement or something?

What are people being cited for? If it is fire lane/red curb and disabled parking, those violations are enforceable everywhere, public or private lot.

Are fire lanes and handicapped parking enforceable if there is no signage?

Fire lanes don't need a sign. Just a red curb. Disabled parking is only enforceable if there is proper signage.

I was told my car had to have a front plate when on my driveway, and that if I have an open can of beer when working on it, even if the engine is in the garage, I could be arrested for DUI.

I even found out that an entire city has parking regulation that overnight street parking is not allowed (like 2pm to 6am), but they issue special permits for residents or maybe other reasons. No signs at all, so just don't think that you can break down in a common residential area and park it overnight.

The bolded part is definitely false.

 

[ctwo]

Bo, that's what I was told directly by an officer, when working on my car in the driveway, with a 6-pack on the hood, radio blaring, etc... Of course it didn't happen but there was also an issue of public intoxication, so they said they would come back and better not see me drinking there, or else...

Now the PA might have an issue about the engine, but it would be up to me to prove innocence.

In this case, I'm thinking of an underground parking garage for a residential apartment or condos, and maybe someone is parking in someone else's spot. Why wouldn't the car just be towed? Seems that's what would happen at any apartment.

 

[N4teTheGreat]

In the example I'm citing it's a parking garage in a private residential building. Only residents who have parking can access the garage. It is a case of them ticketing for disabled spots, but as I understand it, the building has a process to swap parking spots if a resident with parking garage access needs a disabled spot. Seems the way the building was sold to these folks may be the problem then

 

[DannoXYZ]

I knew a guy that got busted for DUI while riding little dirt-scooter in circles in his own driveway.

 

[bojangle]

Bo, that's what I was told directly by an officer, when working on my car in the driveway, with a 6-pack on the hood, radio blaring, etc... Of course it didn't happen but there was also an issue of public intoxication, so they said they would come back and better not see me drinking there, or else...

Now the PA might have an issue about the engine, but it would be up to me to prove innocence.

In this case, I'm thinking of an underground parking garage for a residential apartment or condos, and maybe someone is parking in someone else's spot. Why wouldn't the car just be towed? Seems that's what would happen at any apartment.

Maybe the officer was bluffing. Or just mistaken. The police would need probable cause that you were driving for a DUI. From your description, it doesn't sound like they would have that. If you were drunk, drunk in public would apply. They could also possibly cite you for open container/consuming alcohol in public, depending on their muni code.

In the example I'm citing it's a parking garage in a private residential building. Only residents who have parking can access the garage. It is a case of them ticketing for disabled spots, but as I understand it, the building has a process to swap parking spots if a resident with parking garage access needs a disabled spot. Seems the way the building was sold to these folks may be the problem then

If they are citing for disabled parking violations, that is legal. Those are enforceable on all public or private property. They would need to be properly marked with proper signs. Sounds like a resident(s) is upset people are parking there without a placard and working with SFMTA. If someone told residents they could park in disabled spots without placards, that was incorrect information.

 

[bojangle]

I knew a guy that got busted for DUI while riding little dirt-scooter in circles in his own driveway.

Yeah, DUI applies everywhere.

 

[N4teTheGreat]

If someone told residents they could park in disabled spots without placards, that was incorrect information.

Hmm, sounds like a developer might be going to court. This building had parking spots included with certain units and an addendum to the contract stating that if any resident who had parking was disabled they would be allowed to park in the disabled spot, trading for their regular spot with the resident occupying the disabled spot. So they've got folks who bought their units under that assumption.

 

[DannoXYZ]

Yeah, DUI applies everywhere.

Well, he got good attouney and case was dismissed:

1. lack of probable cause, not even reasonable suspicion. He was doing figure-8s expertly and in complete control
2. he was on private property not open to public (house's driveway) and under direct control of property owner (his house).

Private properly available and open to public is fair game, like restaurant parking lot. Not so in this case.

 

[bojangle]

Hmm, sounds like a developer might be going to court. This building had parking spots included with certain units and an addendum to the contract stating that if any resident who had parking was disabled they would be allowed to park in the disabled spot, trading for their regular spot with the resident occupying the disabled spot. So they've got folks who bought their units under that assumption.

Sorry, I'm not quite following what you're saying. Who is trading what spot with who? I'm not understanding how that would be interpreted to make people believe those without a placard could park in a disabled spot. Though I certainly would believe a developer would misrepresent things to make sales and close contracts.

I'm gonna say that the developer was required by law to include X number of disabled spots.

 

[scootergmc]

From your description, it doesn't sound like they would have that. If you were drunk, drunk in public would apply. They could also possibly cite you for open container/consuming alcohol in public, depending on their muni code.

From his description, it sounds like "Respect my Authoritay!" vs. attitude test (almost) failure. But the "drunk in public" doesn't apply unless he can prove an inability to care for self or others or an obstruction to public right of way (which a driveway isn't).

 

[ctwo]

Yeah, I think you can't crack a beer on your front porch anymore.

 

[scootergmc]

Yeah, I think you can't crack a beer on your front porch anymore.

I'm going to prison if that's the case.

 

[N4teTheGreat]

Sorry, I'm not quite following what you're saying. Who is trading what spot with who? I'm not understanding how that would be interpreted to make people believe those without a placard could park in a disabled spot. Though I certainly would believe a developer would misrepresent things to make sales and close contracts.

I'm gonna say that the developer was required by law to include X number of disabled spots.

It's a mess for sure. As I understand it, the developer included the # of required spots when the building was built.

They then "sold" rights to park in the garage as part of specific units (SF requires occupancy of 2 of more in order to qualify for parking so not all units got a space).

Once all units in the building sold ownership was transferred to the Homeowners Association who is responsible for accommodating residents with garage access as needed. Since it is a private gated garage the Association manages swapping spots as need to accommodate anyone who is or becomes disabled. Or at least that is what the governing documents the developer provided laid out. Sounds like this has a high change of turning into a circular firing squad of residents sueing the association, each other and the developer.

 

[NorCalAthlete]

In this case, I'm thinking of an underground parking garage for a residential apartment or condos, and maybe someone is parking in someone else's spot. Why wouldn't the car just be towed? Seems that's what would happen at any apartment.

TBH I'd probably rather have the parking ticket than get towed. Less hassle, cheaper, easier to pay, and you still have your vehicle. Parking ticket is what, like $150? If that? Tow is $450+.

 

[ctwo]

I thought illegally parking in a disabled spot would mean immediate tow and extra fine, like $1000?