Private parking spaces on city streets

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  • #605055

    bubby ice cream
    Participant

    IT’S NOT ILLEGAL TO BLOCK SOMEONES DRIVEWAY IF THEY ILLEGALLY MADE A CUT IN THE SIDEWALK AND USE THAT CUT AS THEIR OWN PRIVATE ENTRANCE FOR THEIR OWN CAR TO HAVE A PLACE TO PARK!!!!!! THE ONLY TIME IT’S ILLEGAL TO PARK IS IF THERE’S A POSTED CITY SIGN SAYING SO. ANYONE WHO DOESN’T PARK AT A CUT CURB FOR SOMEONES PRIVATE DRIVEWAY, IS DOING A COURTESY!!!! P.S. THIS INCLUDES BUSINESSES WHO DO THE SAME. IT’S NOT ILLEGAL TO PARK WHERE SOMEONE ANOINTS THERE OWN PRIVATE PARKING PLACE.

    #929504

    WolfishMusings
    Participant

    Why did you feel the need to shout this?

    The Wolf

    #929505

    TheGoq
    Participant

    I’m guessing your ice cream is not sugar free.

    #929506

    mommamia22
    Participant

    What does that mean “a cut in the sidewalk”??

    I’ve seen people designate a regular area of a curb as their private entrance to a non official driveway (front of a home) and always wondered if I’m allowed to park there. Is that what you consider “cut sidewalk”?

    #929507

    The Frumguy
    Participant

    I’m not sure I totally understand your rant. What is a “cut in the sidewalk” to which you’re referring? And I agree with The Wolf – please keep your voice down.

    #929508

    The OP is simply pointing out that it is illegal for a homeowner to simply cut (lower) the sidewalk near their home so they can drive their car to park it on their property, without obtaining a governmental license to do so.

    And if they do illegally designate an area of a curb as their private entrance to a non-official driveway, anyone can legally park in front of the sidewalk curb and block the entrance to their illegal driveway.

    #929509

    WIY
    Member

    Although there are many illegal driveways in Brooklyn and technically one can block it I dont know of anyone that treats them as normal parking spots and it becomes accepted as a driveway. what does bug me is when people block legal driveways. its a chutzpah and it is gezel.

    #929510

    haifagirl
    Participant

    How do you know if they got a permit or not?

    #929511

    oomis
    Participant

    The homeowner cannot simply cut the street, they have to have permission from the city.

    I live next to a Yeshivah, and the bochurim (and sad to say sometimes the rebbeim, too) have blocked my legal driveway “Just a little,” and sometimes halfway over, and even COMPLETELY once (“I’m late for mincha!”). I get that one is late for minyan or has trouble finding a spot, but that is NOT MY PROBLEM. Get to shul or school earlier and park to your heart’s content. DO NOT block my driveway even just a little, because that means I cannot park my own car in front of my own LEGAL driveway, and it is an incredible tircha for me to have to look for another spot all the way down my block (sometimes very late at night, because I work at night sometimes), as I have severe knee problems, and walking (especially while carrying packages) is torture for me. It IS gezel to block someone’s driveway, and you have no idea what nezek you may be causing the homeowner. And this is exponentially worse in the winter, when parking apots are at a premium.

    What’s really drinding my gears is when I see someone actually doing this when there is ample parking ALL ALONG THE BOCK, often including the very spot they are parking in, if they would only move back a foot or so. They just thoughtlessly park without actually looking at how close they are to the driveway. I came out to ask a boy to move his car because I ahppened to observe him parking and he was blocking us. He looked at me like I was from Mars and insisted I was mistaken (he was a third over the driveway). When I told him to take a second look, he realized his error and actually drove off further down the block. GRRRRRRRRR!

    (I’m really a nice person. Thank you for allowing me to vent).

    #929512

    Oh Shreck!
    Participant

    I believe the OP is referring to illegal parking marks on the sidewalk just for the purpose of parking on the street – not in the (fake) driveway. Why the shout? Because for the rest of us who don’t own such an illegal privilege, parking in the Boro of NO Park can be a literal nightmare. One can run out of gas searching for a parking spot within a mile radius of one’s home.

    I know. I’m one of those unfortunates.

    #929513

    popa_bar_abba
    Participant

    For the record: If you just want to be the one to block your own driveway, I have no pity. You have no more right to the space in front of your driveway than does anyone else.

    And if I see you parking there on a regular basis, then I will park there too. And the same way you ask your wife to move when you need to get out of the driveway, you can ask me. Just come into the beis medrash and ask around.

    And don’t get all crazy and mess up my car. Because you might slash my tires and break my windows, but once I leave, you’ll never know who I am. And I know where you live, and your house has a lot more windows than my car has. And I can break them a whole lot of times.

    Or I can just pay the thugs who hang out in the next street to break them for me. Say, once a week.

    #929514

    shmoel
    Member

    Popa: You are entirely incorrect. In NYC, the homeowner is legally entitled to park on the street blocking his (legal) driveway, while anyone else is legally precluded from doing so. In fact, the homeowner can have a car ticketed for blocking his legal driveway, while if he (mistakenly) gets ticketed in front of his own driveway it will be dismissed.

    Out of NYC it may or may not be different.

    #929515

    popa_bar_abba
    Participant

    I’m not talking about the law. I don’t care what the law is.

    In NYC, it is also illegal to buy a big cup of soda. I sure hope you don’t take your sense of right and wrong from NYC law.

    #929516

    shmoel
    Member

    If you don’t care about the law, I presume you won’t care about the $65 parking ticket the city may issue to you every time you park as such. Or the potential $250 towing fees the tow truck operator may demand before returning your vehicle.

    #929517

    midwesterner
    Participant

    Or metzitza b’peh, as was voted on by the same board of health in the same session.

    #929518

    popa_bar_abba
    Participant

    Again, I would only park there if I see that you do it also.

    And then I would not be worried about that money at all, since you would pay it.

    Why would you pay it?

    Because I will invest 50 dollars a week into paying thugs to throw rocks at your house, and add that to your tab.

    Don’t mess with my car. I don’t give a blazes who you think you are. You don’t own the street, and you can’t make your stupid little driveways and claim all the parking on the block too.

    Now who’s laughing?

    #929519

    shmoel
    Member

    I’ll just hire a mafia guy to eliminate you. So what theres a small chance I might get some jail? You’ll definitely get a lot worse.

    #929520

    popa_bar_abba
    Participant

    Of course you’ll hire nobody. You won’t even know who I am.

    That’s the whole point; I know where you live, and you know nothing about me except that you got my car towed.

    People who live in canvas sukkas shouldn’t throw stones.

    #929521

    shmoel
    Member

    Finding out the identity of the owner of the car who blocked the driveway is a trivial matter.

    #929522

    popa_bar_abba
    Participant

    I so hope I block your driveway one day. If you post your address, I’ll come over and do it right now.

    #929523

    shmoel
    Member

    Eat your heart out.

    #929524

    Why not just call a tow truck?

    #929525

    RABBAIM
    Participant

    Was Yom Kippur only a few days ago?? Boy, it dissipated fast…………

    #929526

    What annoys me is when a wedding hall and restaraunts illegally open in a residential neighborhood and I got to park 5 blocks away from my home.

    #929527

    popa_bar_abba
    Participant

    Was Yom Kippur only a few days ago?? Boy, it dissipated fast…………

    Check out my postings from right before yom kippur. Nothing changed.

    #929528

    oomis
    Participant

    For the record: If you just want to be the one to block your own driveway, I have no pity. You have no more right to the space in front of your driveway than does anyone else. “

    You are mistaken. When someone else pays my mortgage and the taxes on my property including the driveway and cut in the sidewalk, then we can talk about rights.

    #929529

    popa_bar_abba
    Participant

    oomis: I like you, so you can disregard my rantings. Consider it aimed at people I don’t like.

    #929530

    yentingyenta
    Participant

    we live near a public school and some teachers park to the inch of our driveway. but we have this HUGE tree right next to our driveway and makes pulling out difficult if they park to close. so when it happens we park in a neighbors driveway 🙂

    #929531

    Borough Park Mensch
    Participant

    “New York City Administrative Code

    . . .

    2. Notwithstanding the department of transportation regulation prohibiting parking in front of private driveways, it shall be permissible for the owner or lessor of the lot accessed by such driveway to park a passenger vehicle registered to him or her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and, further provided that such parking does not violate any other provision of the vehicle and traffic law or local law, rule or regulation concerning the parking, stopping, or standing of motor vehicles. The hearing officer shall dismiss any notice of violation issued to the owner of such passenger vehicle upon receipt from the owner, in person or by mail, of a copy of the vehicle registration containing the same address as that at which the ticket was given or other suitable evidence showing compliance with the law. The director of the bureau shall set forth the proof required in the case of lots where confusion may arise including, but not limited to, corner lots or lots with dual addresses.”

    #929532

    Borough Park Mensch:

    What is your position, and the legal position, on illegal sidewalk cuts / illegal driveways?

    #929533

    haifagirl
    Participant

    I am still wondering how you know if a driveway is or is not legal?

    #929534

    lesschumras
    Participant

    Haifagirl,

    Generally speaking, legal cuts lead to a driveway leading to a garage or the back of the property. Illegal cuts are usually made directly in front of the home with no driveway.

    Or you can call the City

    #929535

    haifagirl
    Participant

    Generally speaking, legal cuts lead to a driveway leading to a garage or the back of the property. Illegal cuts are usually made directly in front of the home with no driveway.

    Must be a NY thing.

    #929536

    lesschumras
    Participant

    It’s a Boro Park thing

    #929537

    avhaben
    Participant

    It’s a Far Rockaway thing.

    #929538

    Borough Park Mensch
    Participant

    Borough Park Mensch:

    What is your position, and the legal position, on illegal sidewalk cuts / illegal driveways?

    Posted by The Litvishe Kiryas Yoelite

    In other words, if it looks like a driveway, the police will treat it like a driveway for ticket purposes. They will certainly have no sympathy for anyone blocking in another car or preventing someone from getting home.

    If you feel a curb cut is illegal, your legal remedy is to call 311 and report it. (You may well have the additional right to a lawsuit, but that will cost you considerable money.)

    If you see an old house with old-looking pavement and an old-looking driveway that leads to an old garage, it is quite silly to assume it is illegal. Nevertheless, if you have a good faith belief that it is illegal, call 311.

    #929539

    popa_bar_abba
    Participant

    Once upon a time, I was parked in front of an illegal driveway. When I came back after a few days, the criminal had towed my car!!!

    So I came back once a week and dumped all my business’s garbage in front of the driveway. I made back the money on savings in garbage pickup fees after a couple months, but I had already settled into this routine.

    #929540

    yaakov doe
    Participant

    BPM is correct. An NYPD officer can not determine what is an illegal driveway en though it is obvious. For those who want to see illegal driveways drive down 40th St. between 12th and 13th Aves.

    There is legislation pending in City Council to enable the DOT to restore the curb and bill the homeowner for the cost as they do with sidewalk repairs.

    #929541

    ZeesKite
    Participant

    Yaakov, now THAT is an excellent idea.

    I also think it should be only metchlich, that people who own driveways should only park in then, not take up a needless extra space.

    #929542

    It is also very difficult for anyone to determine whether a driveway is legal or illegal. You can check nyc.gov and the DOB will display any permits to build a driveway, which would indicate it is legal. But many property driveways were grandfathered into being legal a number of decades ago when the city really began to seriously regulate driveways. And if so, it may be a legal driveway but there is no way to see that through an online search. The only way to really determine whether it is legal or not, is to do an extensive manual record search of DOB and other city documents at their government offices.

    #929543

    Mayan_Dvash
    Participant

    yaakov doe: that would work but they charge more for a driveway than for regular sidewalk

    ;

    #929544

    Torah613Torah
    Participant

    I love doing annoying research.

    #929545

    DaasYochid ☕
    Participant

    Ah… so this is an old machlokes.

    #929546

    WIY
    Member

    Torah

    Are you a nerd? Or is my nerd radar showing false positives?

    #929547

    lopman24
    Participant

    Its a boro park thing they baked their cake now they have to eat it. They literally live one on top of another like the projects Enjoy. BTW anytime I need to park and shop by the 39 st “half rip off” stores (not whole rip off like here in flatbush) I will be blocking one of you illeagal driveways between 12th and 13 th and 40 th st. If i find a ticket I will call 311 and i will muusar you more than just about your illegal sidewalk cut, maybe your basement that you rent out isnt so kosher either let the inspectors figure it out.

    #929548

    WIY
    Member

    lopman

    I asked a shaila and was told one may block an illegal driveway only when there is no car in it.

    #929550

    yitzchokm
    Participant

    lopman24

    really? do two wrongs make a right?

    #1507968

    slominer
    Participant

    How can you tell if a driveway is an illegal driveway?

    #1508018

    yudel
    Participant

    NJSA 39 4 138 statute ilegal to park and block a driveway .
    The owner of the driveway may not block his own driveway, uleunless he receives a waiver from dmv or local pd.

    #1508277

    iacisrmma
    Participant

    Section 4-08 (f) (2) of the NYC Traffic Rules states:

    (2) Driveways. In front of a public or private driveway, except that it shall be permissible for the
    owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle
    registered to him/her at that address in front of such driveway, provided that such lot does not
    contain more than two dwelling units and further provided that such parking does not violate any
    other provision of the Vehicle and Traffic Law or local law or rule concerning the parking,
    stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that
    have been rendered unusable due to the presence of a building or other fixed obstruction and,
    therefore, are not being used as defined in §4-01(b) of these rules.

    A driveway is defined as (Section 4-01(b)):
    Driveway. Every entrance or exit authorized pursuant to applicable law and used by vehicular
    traffic to or from lands or buildings abutting a roadway.

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