The Legal Status of Parking on Sidewalks: Confusion and Clarifications

Introduction
Does parking your car on the sidewalk, even if you own or rent the house it's directly in front of, violate local laws? This question has sparked considerable debate, especially given varying local regulations. This article delves into the legal intricacies, exploring the rights of property owners, city ordinances, and practical examples to provide clarity.

Ownership and Rights

Traditionally, homeowners might assume they have rights over the sidewalk in front of their property. However, this assumption can be false. Different jurisdictions allocate ownership and property rights differently. For instance, in many areas, the area from the street up to the curb—often referred to as the 'tree line, grass strip, or sidewalk strip'—may be owned by the city or county. This strip, which can vary in width (typically around 25 to 50 feet from the road) depending on local laws, is considered city property.

Parking on Sidewalks: Legal Considerations

The general rule is that parking on sidewalks is illegal because the sidewalk is public property, not part of the homeowner's property. This means that even if you own the house, you do not have the right to park on the sidewalk or the land in front of your house that is designated as the public sidewalk. The legal reasoning behind this is straightforward: the sidewalk is there for pedestrians, and blocking it is an infringement on the public right to use the space safely and freely.

Local Variations and Ordinances

In certain areas, especially those with narrow roads, the local government may have accommodated simpler parking solutions by allowing residents to park on the sidewalk. This practice is common but it is not universal. The legality of such actions can vary widely from one city to another. For example, Glen Park might adopt a lenient stance, knowing that the residents are not likely to block the street entirely, while strict enforcement might occur in other areas to maintain pedestrian safety.

Legal Cases and City Ordinances

City ordinances often specify the rules for parking on sidewalks. These ordinances are crucial in determining the legality of parking in public spaces. For instance, in one case, the city of Glen Park was shown a specific document that granted the mall owners full ownership and control of the sidewalks around their parking lot, despite the public nature of the sidewalks. This unusual provision was likely due to the mall's significant influence or perhaps a financial transaction behind the scenes.

Practical Advice and Compliance

Given the confusion and variations in local laws, property owners should proactively check their city ordinances, deeds, and any relevant legal documents. Understanding these can help in making informed decisions and avoiding penalties. While it may be tempting to park on the sidewalk for convenience, it is crucial to stick to legal norms to ensure safety and compliance with local regulations.

Conclusion
While parking on the sidewalk may seem like a simple solution for the homeowner, it is essential to understand the legal implications. The rights and rules vary by location, and landlords and homeowners should carefully review local ordinances to ensure compliance and avoid potential legal issues.