Important news for villagers-Street Parking
 

I was recently given a citation by the Sheriffs dept. and will be paying $116 fine.

I was parked in front of my friends house because we were all playing cards in the villages. The neighbor across the street pulled out of his driveway and smashed into my driver's side door. My insurance said to call the police and have the neighbor call their insurance company. The police said the neighbor got a citation for more money that will affect his insurance, but that I was at fault too for parking on the roadway!!! The section is 316.1945.1.a.6 I called the clerk of courts and she told me that if I lost the case, I could be charged $500 plus court costs plus they can sanction my license.

So, do not park in the road in The Villages. You may get a citation if anything happens. I called two lawyers and one said to fight it, and one said they wouldn't. I am not going to fight it. But it is wrong.

sorry to read of your misfortune. might you tell us the location of the incident...or at least the county - lake, sumter or marion?

Why is this wrong? You have to know that the owner of the striking vehicle is going to be screaming that you should not have been parked where you were. From what you state, I believe the police handled the situation properly. Your anger is mis-directed.Imho.

What am I missing here? Are you saying that it is illegal to park on the street at any time?

Maybe that is why they built those guests parking slots ... At least at my village any way.

Wouldn't you think the sheriffs dept would be writing tickets left and right at garage and estate sales.Thinks there's more to the story

The problem with those spaces, the residents use them, so they have more room in garage???

What spaces are you all talking about?? The only places that have guest parking are the villa's. I have never seen guest parking at any other place and where are you suppose to park if you visit someone??

The parking spaces set aside in villa neighborhoods are for guests staying for a short term only and not to be used as a perminent spot for resident owners.

Where I come from it is illegal to park within a certain distance of a road junction - 25 yards from memory - yet I have seen vehicles here parked directly opposite a T-junction - a really dangerous place to park.

Even parking directly opposite someone's drive is asking for trouble, as they have to have room to swing in and out of it.

Where exactly was your car parked when you were given the citation?

I find it hard to believe that parking in the street away from drives and junctions would incur a fine - all of the service providers (Massey, CenturyLink etc.) would have been bankrupted long ago.

Here's what's stated in the statute noted by the O.P. (316.1945.1.a.6):

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:
.
.
.
6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.

I guess I'm not understanding what the "street excavation or obstruction" was in this particular instance.

Here's a link to the entire 316.1945 statute:

Statutes & Constitution :View Statutes : Online Sunshine

Bill :)

Obviously, the police officer thought the parked car was obstructing traffic (i.e., the car that backed out of the driveway) and therefore issued a ticket. If the parked car got hit by someone backing out of the driveway, it is safe to assume it was directly across the street from the driveway. Not a good way to park.

If someone parks so it is not going to be in the way of a driveway, there is nothing wrong with parking on the street while visiting friends for the evening or at a garage sale.

Also, the police would not have issued a ticket if no accident had happened. Only reason the police came to the scene was that they were called there.

Car parked for a long time
 

I thought it was against the rules to leave your car parked in the road for an extended period of time. Right down the road from me there has been a car parked on the side of the road in front of a house for a month. it is on a curve in the road so it inhibits the flow of traffic. I called the villages to see if this was permitted and they said yes because the roads were county roads and to call the sheriff. I wonder why this car has been parked for so long? I have not called the sheriff...I don't want to make a federal case out of it but it really should be moved.

Well someone will probably tell them now that you have posted.

In Sumter County the County does have jurisdiction over the streets. Our friends in another Village in Sumter has a motorhome parked on their street a number of nights during the winter months and neighbors complained to the Sheriff's office ---- Deputy said it was okay and they could park there but not in their own driveway!! Maybe "things" depend on which Deputy happens to answer the call?? OP, just curious was this incident in a Villa Complex or elsewhere?

I don't understand why you were cited. You clearly were not opposite an excavation unless you have failed to give us important information. The only time "street excavation" appears in the Florida code is in the regulation under which you were charged. Every other time "excavation" appears seem to involve digging trenches. That only leaves obstruction. So were you parked "opposite an obstruction"? Maybe you should contact the Sheriff''s office to ask for clarification of the regulation under which you were cited and ask for the specific excavation or obstruction which was present at the time your car was hit. Sometimes police don't get the laws right. Florida does have an up to 500 dollar charge if you choose to go to court. That serves both to make some money for the programs the fee supports and discourages citizens from contesting tickets which means the officer doesn't have to be pulled into court to testify.

I always thought if you struck a fixed object (the parked car) you were at fault regardless of the location. A driver is supposed to be aware of the surroundings and take care not to have an accident.

As to the "guest" parking in villa areas - good luck with that. We have been 'round and 'round with parking in the "guest" area and even thought it is in our deed restrictions we have been told (and when I say "we" I mean me personally plus others) that anyone can park there. So ours is full of regular residents and anytime guests are here they park in the streets.

Because it is widely accepted to park in the streets in TV I think I would of have challenged that officer as he wrote the ticket and may just fight it no matter the cost - just doesn't seem right.

We have one on our street that has been there as long as we have lived on the street, 15 months, and it seldom moves. I estimate about once a month, if that. It's always a pleasure to come around the curve and find it gone!! I'm sure it will get hit one day. They are pretty close to the curve, and you don't see the car until you've already come around. I don't understand why they don't just park in their driveway. The driveway is always empty.

Here's some possibilities; the car might leak oil, it's not their everyday driver and they would have to move it every time they leave home. If they park it in the driveway, it would have to moved to get the golf cart or another car out of the garage, etc., etc.

Our home is scheduled to be completed sometime in July. We plan to come down in our conversion van which does not fit in the garage. Initially the van would be the only vehicle we will be using, going back and forth from NY, eventually the car would replace the van which would be sent to a storage area. Does anyone think that parking a van on my driveway for two weeks would be an issue?

Nope - shouldn't be an issue.

Bill :)

I have never heard or read that it was against any rules to park your car in your driveway.

Whew. :mademyday:

Thanks Bill

Rick

No problem, Rick. We see a number of people around our area who park their vehicles in their driveways 24/7/365.

Bill :)

I'm thinking the "obstruction" was the fact that maybe you were parked directly behind someone's driveway? Is that how they hit you?
I also heard that it is true that ANYONE can park in the "extra spots" located in the patio villas or courtyard villas. That nobody can "enforce" those spots. Even if you have an extra car and live somewhere else, you have the right to park it there.

We had two cars in our patio villa- one stayed in the driveway for the entire 6 months we were there and even some nights on the street right in front. Never had any complaints stated to us by neighbors or officials. I did my best to park it in the driveway most nights-but some nights I forgot to move it. Always was a problem backing out golf cart around car in the garage and car in the driveway. We knew we were not keeping the villa- thus didn't want to expand to widen the driveway.

Tracey, contrary to what you heard, that's not the case - at least using Rosedale Villas deed restrictions as an example:

"Temporary parking depicted on the plat of the Subdivision is not for Owner's use but is for the use of the Owner's invitees and guests."

from Rosedale Villas deed restrictions: Article V (Use Restrictions), Section 20:

http://www.districtgov.org/images/De...20Rosedale.pdf

It's in the deed restrictions.

Can it be enforced? Yes.
Is it? ..............I don't know.

Bill :)

:agree:
Streets are narrow enough with out someone parking across from a driveway.

Bill---Who enforces the deed restrictions? For example- if I wanted to go park my vehicle at Rosedale Villas--who would make me move it?

I doubt it's an issue for law enforcement - it's not illegal parking in violation of any law. The responsibility seems as though it would fall to the Community Standards department given that it would be an item that's in violation with the deed restrictions:

VCDD Community Standards

I expect it's like many other things, however - it's complaint driven. If someone calls it in, then the Community Standards department would/should pursue it. If nobody in the neighborhood is bugged about the parking issue, then it probably just lies dormant.

What process does the Community Standards department go through to reach a resolution? I don't know. Perhaps someone who has had such a thing happen in their neighborhood can chime in.

Bill :)

Please don't tell everyone this hearsay B.S. that "anyone" can park in the villas' "extra spots".

The villa guest parking spots are for guests and invitees of the residents of the villa neighborhood! If the guest parking spots get filled up with "anybody's" vehicles from "wherever" in TV, Wildwood, Leesburg or Timbuktu, residents' guests will have nowhere to park and they'll end up parking at the end of somebody's driveway like the o.p. did.

The rules exist for good reason.

Good luck getting those villa parking rules in our deed restrictions enforced!
See my previous issues with trying to do so in this thread.

In my expierience police won't enforce deed restrictions.
 

Posted in other thread by Jazzper
"However, when I called TV Community Standards (751-3912) a few weeks ago about a neighbor's vehicle that has been parked in our visitor parking area for over 3 months, I was told after they did a "drive-by" that there was no violation since the vehicle was tagged. When I pointed out the above section, she said that restriction is no longer enforced and I would have to call Sumter County police to deal with it. (Oh for the days when Nick was in charge of VCDD!)"

I don't know if what I have gone through elsewhere would apply but this is what we went through.

We have moved around a lot and have had many situations were neighbors were not in compliance with the deed restrictions. It affects your property values and to that end is actionable, but not easy or cheap to enforce.
What I found out from what we went through is that you have to get either your homeowners group or a petition from the affected neighbors and get a judge to order a cease and desist order and then the cops will enforce it. This was for a fence issue. When I lived in a development with visitor parking because the spaces were the property held in common and deeded with the rec center those managing the common areas could have the vehicles towed as it was private property with use restrictions. They first glued a big violation sticker to the car for the first offense on the second the car was towed. The judge did make them put up a more detailed sign with the rules for 30 days first. I would think this would apply here. We were lucky and had a neighbor who was a lawyer and did the leg work all I had to do was take around the petition.

If You Want To Keep The Villages Beautiful
 

1. Clearly the vehicle backing has total responsibility for the accident "but for"the fact that the owner of the parked car created an unnecessary hazard the accident would not have happened. Hence the car in motion was ticketed for the accident (unsafw backing) and the parked car for creating the unnecessary( hazard).

2. What is the sense of having rules, deed restrictions etc if they will not be enforced. Many people chose to move here because of these rules. Who wants to see an RV, Van car in someone's driveway day after day....worst yet on the streets creating additional hazard and hence risk of accidents, etc

3. For those living in Villas they may not want to give up on the guest parking rule.

P.S. I had a neighbor who parked his car on his driveway until he realized rats where using it at night. Rules serve a purpose for health safety and aesthetic value. If you want to keep The Villages beautiful then every resident has to do their part in either abiding by the rules or ensuring they are enforced. A start would be by complaining to your district superivors
for any violations. Actually the beginning is to acquaint yourself with the rules, etc applying here:police:

[QUOTE=rubicon;645887]

P.S. I had a neighbor who parked his car on his driveway until he realized rats where using it at night.

Just curious. How were the rats "using "the car. Engine compartment for warmth? Sounds like a bad rat problem in the neighborhood.

:ohdear:

[quote=Ragman;645890]I thought maybe it might be the same ones that drive around in the Kia commercial.

Those are the citrus rats that live in the palm trees that everyone is so eager to plant.

Hamsters...... :D "Hamstars", as Kia calls them.

Bill :wave:

You bet'cha, the garage is for a work shop or storage, things that need protection.

Soo many park their cars in the garage like they will melt. :22yikes:

I don't think there is a rule against parking your car in your driveway.

BUT THERE IS a rule about having children under 19 living with you.