Parking on a Sidewalk

Question

Joel asked: I live in Fort Lauderdale and own an old Puch moped (not a scooter) from the 70s with pedals and that is 50cc or less. I have recently been fined for parking on the sidewalk. Am I in the wrong when I thought mopeds are allowed on sidewalks as long as the engine is disengaged? Also the parking ticket reads “scooter” and then under make it reads “unknown”. Could it be that the meter maid is just mistaken and if so how do I fight this?

Answer

The statute to which you refer is this:

s. 316.1995Driving upon Sidewalk or Bicycle Path

(1) …. a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.

However, there is also this:

s. 316.1945Stopping, Standing, or Parking Prohibited in Specified Places

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(a) Stop, stand, or park a vehicle:

2. On a sidewalk.

8 comments on “Parking on a Sidewalk
  1. fred says:

    I don’t think the OP will have much luck in fighting this particular citation, due to 316.1945. There will be little doubt that his moped is a vehicle.

    Here’s a kicker, though. A human powered vehicle is a vehicle. A bicycle is a vehicle. That means law enforcement can cite bicycle owners for parking a bike on a sidewalk! Sheesh.

    • SpecialFX says:

      Here’s my issue with this…
      Apparently, it’s a state law that says you can’t park a bicycle on a sidewalk…
      Well, most bike racks are ON A SIDEWALK…. so technically we can’t park a bicycle on a bike rack?
      Something is missing here…

      • Jim Guthy says:

        Maybe it is because the bike rack is off to the side of the sidewalk in its own special place. They are not on the sidewalk but the bike rack does have access to the sidewalk. If you find a bike rack blocking the sidewalk call Orange County or your City to get it moved.

  2. Steven cook says:

    Where did you get the ticket. Fort Lauderdale does not ticket vehicles parked on sidewalks in residential neighborhoods. I would fight the ticket, it is selective enforcement. I spoke to Lee Feldman the city manager and was told by him, parking enforcement cannot issue tickets for parking on sidewalks. That only the police can, and it’s not worth the money it cost to write the tickets. Maybe there are extenuating circumstances in your case. I live next to an elementary school, the last block leading to the school will have cars parked on the sidewalks, leaving the children to walk in the street. I have taken photos to multiple city commission meeting, asking for the city to enforce no parking on sidewalks, and they refuse. At one of the commission meeting commissioner Rogers says we don’t ticket for parking on sidewalks. It has been a long standing policy. You can find the conference meeting video online or I can send it to you. BTW, I think it’s appalling the city will not enforce the laws, and allow residents to walk on sidewalks, unhindered. So far I am having no luck in changing their views.

  3. Bob Majka says:

    Stay off the sidewalk period. Why fight something that is illegal and hinders people that want to walk on one? Selfish is what selfish does.

    • Jim Guthy says:

      The Florida Bicycle Safety Law actually was passed to make sure our little children on tricycles can have access to the sidewalk without having to go into the street because of blockage. It was incorporated into a bigger Statute with all the other parking/blocking infractions.

  4. Pat says:

    so where in florida can u legally park and lock your scooter then? in hawaii they made this dumb law and after so many yrs people stopped buying scooters because they were just being stolen no longer allowed to lock themselves to things on sidewalks.. Same goes for scooter enthusiasts everywhere without being able to back up to a post we have high chance of theft. most of us esspecialy us vespa owners have more invested in our scooters than most spend for cars

  5. Geo says:

    Pat,

    The statutes do not say where you can park a vehicle, but where it is unlawful to park a vehicle.

    s. 316.1945 – Stopping, Standing, or Parking Prohibited in Specified Places
    (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
    (a) Stop, stand, or park a vehicle:
    1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
    2. On a sidewalk.
    3. Within an intersection.
    4. On a crosswalk.
    5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings.
    6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.
    7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
    8. On any railroad tracks.
    9. On a bicycle path.
    10. At any place where official traffic control devices prohibit stopping.
    11. On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.
    12. For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle.
    (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
    1. In front of a public or private driveway.
    2. Within 15 feet of a fire hydrant.
    3. Within 20 feet of a crosswalk at an intersection.
    4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.
    5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted).
    6. On an exclusive bicycle lane.
    7. At any place where official traffic control devices prohibit standing.
    (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:
    1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances.
    2. At any place where official signs prohibit parking.

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