Parking on a Sidewalk

Question

Dorcas asked: My neighbors block my husband’s wheel chair by parking their 6-bikes and 1-motorize child motorcycle on the sidewalk.  We can never get down the sidewalk in front of our building.  We go in the other direction hoping that when we make our 30-minute walk the bikes will be gone.  The only other way for us to get into our house is to go in the road to the end of the street and walk down the car driver access road.  We have almost been hit several times doing this.  We would like to use the safety of the sidewalk. Are there any laws in the State of Florida about block wheel chair access to sidewalks?

Answer

It is unlawful to park a vehicle (A bicycle is a vehicle) on a sidewalk.

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

(1) …. no person shall:

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

2. On a sidewalk.

It is also unlawful to obstruct traffic on a sidewalk.

s. 316.2045 – Obstruction of Public Streets, Highways, and Roads

(1) It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon …. by endangering the safe movement of vehicles or pedestrians traveling thereon ….

The sidewalk and the entire right of way is included in the definition of Street or Highway referred to in the statute.

s. 316.003 – Definitions

(77) Street or Highway

(a)The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic ….

There may also be similar prohibitions in ADA documents, but that is beyond the scope of this site.

Posted in Ask Geo, Bicycle Equipment, Sidewalks & Crosswalks
2 comments on “Parking on a Sidewalk
  1. Steven Cook says:

    My question is how do you get these laws enforced. I live in Fort Lauderdale public policy is to not enforce laws for parking on sidewalks in residential neighborhoods. Our police department and parking enforcement refuse to write tickets. I spoke at a city commission meeting asking for relief and was told by my commissioner some homes don’t have enough parking and have to use the sidewalks. You will see almost every residential street in the city with sidewalks blocked by cars. Will the county or state enforce the laws if local cities will not?

  2. WongwayStreet says:

    Those pesky HOAs that everyone seems to hate…they are the perfect enforcement entity.

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