Parking on a Sidewalk
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?
It is unlawful to park a vehicle (A bicycle is a vehicle) on a sidewalk.
s. 316.1945 – Stopping, 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.
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?
I’m having the exact same problem As for the HOA one of my board members is also on the Lee County Bicycle and Pedestrian Advisory board and another had a vehicle registered to his wife with an outstanding handicapped parking violation ticket for nearly 9 months.
I chose to live in a community with sidewalks and compromised on not being allowed an outside antenna, having a pet alpaca and other compromises.
BTW parking on the sidewalk violates F.S. 1955 (2) which is the same as blocking an access aisle, curb cut or handicapped spaces. There is a “shall” clause and if you have an extra $5,000+ you can get an attorney to file a petition for a writ of mandamus.
Those pesky HOAs that everyone seems to hate…they are the perfect enforcement entity.
I’m in a scooter thanks to 23+ years of Multiple Sclerosis. (I’m currently 45 now.) HOA is actually quite rude when I ask about letting the community know it is illegal. Because even the next door neighbors (the husband is an ER nurse) refuse to not block the sidewalk. So, at 45, it seems I’m home bound since I can’t easily roam the neighborhood on the sidewalks. Riverview, Florida.
THEY NEED TO UNSTAND BLOCKING THE SIDE WALK IS PART OF THE ADA IN PUBLIC RIGHT OF WAYS,YOU BLOCKING AN ACCESSIBLE PATH OF TRAVEL THIS MAY CONSIST OF WALKS AND SIDEWALKS,CURB RAMPS-THE UNITED STATES COURT APPEALS FOR THE NINTH CIRCUIT (BARDEN V CITY OF SACRAMENTO-SECTION 35.150’S REQUIREMENTOF ALL CURB RAMPS INALL PEDESTRIANWALKWAYS REVEALS A GENERAL CONCERNFOR ACCESSIBILITY OF PUBLIC SIDEWALKS,AS WELL AS A RECOGNITIONTHAT SIDEWALKS FALL WITHINTHE ADA’SCOVERAGE,AND WOULD BE MEANINGLESS IF THE SIDEWALK BETWEENTHE CURB RAMP WERE INACCESSIBLE. MOREOVER,THE CONCLUSION THAT THE SIDEWALKS ARE SUBJECT TO THE ACCESSIBILITY REGULATIONS IS THE POSITION TAKEN BY THE DEPARTMENT OF JUSTICE(”DOJ”)THE AGENCY REPONSIBLEFOR ISSUING THE REGULATIONS SEE 42U.S.C.&12134 .
Pinellas County Deputies will not enforce the laws that make sidewalk parking and blocking illegal. I have tried to get their help and they say they will not deal with it.
Try the county ADA Coordinator. Demand a hearing.
Agree. Have already left a message wth the County help desk asking for such a person.
Look towards F.S. 316.1945 and 316.1955. The ADA coordinator’s info for you is: