7.751 — PARKING IN AN UNAUTHORIZED AREA

Violations of "Statute 7.751" results in an Infraction and a fine of $100

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(a) Definitions

Parking in an unauthorized area refers to the act of leaving a vehicle in a location where parking is prohibited by law, regulation, or posted signage. Unauthorized areas are typically designated for specific purposes or reserved for particular vehicles, and parking there can obstruct traffic, violate local ordinances, or create a safety hazard.

(b) Elements

To establish the offense of parking in an unauthorized area, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant parked a vehicle in an area where parking was prohibited.

• The location of the parking was clearly marked as unauthorized or restricted, either by posted signs, curb markings, or official regulations.

• The defendant had knowledge or should have known that parking in that area was prohibited.

• The defendant did not have a valid reason or authorization for parking in the unauthorized area.

(c) Defenses

Defenses against a charge of parking in an unauthorized area may include:

• The defendant had valid authorization or a permit to park in the area.

• The parking restriction was not clearly posted or marked, and the defendant was unaware of the prohibition.

• The vehicle was parked in the area temporarily for emergency or necessary reasons (e.g., medical emergency, mechanical breakdown).

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The vehicle was parked in a location that caused significant obstruction to traffic, emergency vehicles, or pedestrians.

• The defendant has a history of parking violations or disregard for parking laws.

• The violation occurred in a high-risk area, such as near fire hydrants, emergency exits, or bus stops, where parking would have created a safety hazard.

(e) Examples of Unauthorized Areas

Unauthorized areas where parking is typically prohibited include:

• Fire lanes: Areas designated for emergency vehicles only, typically marked with red paint or signs.

• Handicap spaces: Parking spaces reserved for individuals with disabilities, marked with the handicap symbol.

• Loading zones: Areas designated for commercial vehicles to load and unload goods, usually with time restrictions or signs indicating no parking for non-commercial vehicles.

• Bus stops: Spaces reserved for buses to pick up and drop off passengers, usually marked with specific signs or painted curbs.

• Driveways: Parking in private driveways or in front of driveways without permission.

• Crosswalks: Parking in or obstructing crosswalks, which can impede pedestrian traffic.

• No-parking zones: Areas clearly marked with "No Parking" signs, typically located near intersections, fire hydrants, or other critical infrastructure.

• Private property: Parking on private property without authorization, such as in residential areas or business parking lots.

• Bike lanes: Parking in designated bike lanes, which is prohibited as it impedes bicycle traffic.