View Full Version : Parking Ticket ( on grass/unpaved)



MsLoan
03-03-2011, 09:36 PM
Hey guys.. My name is Loan and I reside in South OKC. I recently received a parking ticket for parking on the grass on the side of the house I am renting with other roommates. We have several cars here and only have a driveway for two cars. In addition, we live right next to this large church that has ridiculous traffic. The church goers aren't going the speed limit going up and down our street either. Therefore, I choose not to park on the curb because one of my friend's has been hit before.

Back to my subject, does anyone know if you received this parking ticket from the OKC Municipal Court.. Could you fight it and stand up for your case? Maybe receive a warning?

Anyone here has had previous experiences?

blangtang
03-03-2011, 10:17 PM
Parking on the grass will result in a ticket from the parking or code officers. They've gone from reacting to complaints to issuing tickets when visible.

MsLoan
03-03-2011, 10:55 PM
There's no way to appeal it though?

blangtang
03-03-2011, 11:43 PM
How much is the fine?

Achilleslastand
03-04-2011, 12:33 AM
You best bet is to just pay it and either lay some gravel for an additional driveway or just park in the street.
The tickets used to be 10 bucks but im sure they have gone up by now. What if your front yard is fenced can the officer jump the fence to write the citation?

rcjunkie
03-04-2011, 02:39 AM
You best bet is to just pay it and either lay some gravel for an additional driveway or just park in the street.
The tickets used to be 10 bucks but im sure they have gone up by now. What if your front yard is fenced can the officer jump the fence to write the citation?

If it's a clear violation, the office can enter the property. You can't just put down "some gravel", it has to be paved.

Snowman
03-04-2011, 03:07 AM
Some of the reasoning behind it not being allowed on residential property by the occupant is that is how a lot of sewer or utility lines get messed up.

kevinpate
03-04-2011, 03:35 AM
I don't know parking ticket rates in the metro, but if it is a nominal fine (e.g., a $20.00 not wearing a seatbelt traffic citation) then something to consider is ... is the displeasure and costs of having your day in court worth the bother? It's been a long time since I've seen an OKC cattle call, excuse me, municipal court docket, but one can sit there quite a while waiting one's turn to stand before the judge. After waiting all that time, to speak to the judge, who still have many other folks to come before him or her, you'll want something more to say than there's too many of us living here, or the church folks drive our street too fast to leave the car at the curb.

The only thing worse than paying a small citation is giving up one's morning after enduring a rise in blood pressure and frustration over it AND THEN paying the small citation. Sometimes a grunt and a check in the mail, followed by a nice cold beverage, is the best course of action.

BBatesokc
03-04-2011, 03:57 AM
Our neighbors are really aggressive about reporting people parking in their yards or parking cars with flat tires in their driveways. From what I recall, the fine went up fairly recently regarding yard parking because it is such a nuisance and really reflects poorly on a neighborhood.

One neighbor did find a loophole though. Apparently if your garage extends out further than the main part of your house (think "L" shaped), then you can legally park in the grass as long as you are behind the the end of the garage (as in the elbow of the "L"). Didn't make sense to me, but a call to Community Action confirmed it.

Midtowner
03-04-2011, 05:33 AM
Parking tickets are $15.00 for meter violations downtown.

I know this from lots and lots of experience.

Bill Robertson
03-04-2011, 06:52 AM
Fine went up to $100 July 1st.

http://www.okc.gov/news/2010_06/Yard_Parking.html

Good thing. Caused the couple of people in our neighborhood who just didn't get it to see the light.

MsLoan
03-04-2011, 05:20 PM
How much is the fine?


$100 before arraignment date, $125 after

MsLoan
03-04-2011, 05:33 PM
Thanks everyone. :-)

ranbunctious
11-09-2017, 11:08 AM
We live in a private community. Code enforcement officers are writing $100 tickets like crazy for parking on gravel driveways. These driveways have been here for 65 years. NOW, without a warning, you get a $100 citation. If you want to contest your situation, that's ANOTHER $100. Here’s an additional important note:
This is a PRIVATE COMMUNITY. We have bylaws and covenants regarding yard & street parking that carry fines and sanctions. The important thing is that residents are WARNED before they are fined. Unlike the city, we are treated with respect & dignity. Handing out steep fines for laws residents are not aware of is pure predatory & oppressive government. Wouldn’t you agree?
Everybody knows not to park on lawns, easements, and next to fire hydrants. Handing out fines for gravel driveways is simply preying on taxpayers and cruel…

Pete
11-09-2017, 11:24 AM
Is this within the City of OKC?

If so, just FYI, parking is only allowed on hard surfaces like concrete or asphalt.

However, that code is not uniformly enforced. For example, there is a big gravel parking lot in Midtown, the Jones Assembly has been parking cars on a big grass lot south of Sonic, St. Anthony has several parking areas on gravel and grass, etc.

Bullbear
11-09-2017, 11:36 AM
They were doing that in our neighborhood about a year ago.. even going as far as giving tickets to people in their drive way whose tire was 1 inch off the drive. these driveways are very narrow and it happens. I don't consider my tire touching my lawn as parking in the yard.

stile99
11-09-2017, 11:44 AM
Sorry, I fall (pretty firmly, in fact) on the side of "ignorance of the law is no excuse". Especially when they make no attempt whatsoever to hide it.

https://www.okc.gov/residents/action-center/common-code-violations

I know HOAs and such ilk like to think they are their own law, but it's never true.

jompster
11-09-2017, 12:39 PM
We found from our HOA's lawyer that city ordinances usually trump HOA bylaws and covenants (unless one or the other doesn't address the violation), so they're within their right to ticket as long as you're in the city limits. We have some neighbors who put down gravel to one side of their driveway, and it's legal as long as it doesn't extend into the city's 6- or 7-foot right-of-way.

Pete
11-09-2017, 12:47 PM
We found from our HOA's lawyer that city ordinances always trump HOA bylaws and covenants, so they're within their right to ticket as long as you're in the city limits. We have some neighbors who put down gravel to one side of their driveway, and it's legal as long as it doesn't extend into the city's 6- or 7-foot right-of-way.

It might be legal to put it down but it's not legal to park anywhere within city limits on gravel.

jompster
11-09-2017, 12:56 PM
It might be legal to put it down but it's not legal to park anywhere within city limits on gravel.

I'd have to read the full text of the ordinance before I'd agree with that. They had Code Enforcement come out to make sure it followed the proper regulations and they specifically asked if they could park on it and were told yes, since it met the requirements. But they also could have been given incorrect information I suppose.

Pete
11-09-2017, 01:06 PM
It says:


vehicles shall be parked on a permanently hard-surfaced (paved) driveway or parking area

Gravel is not considered hard-surface or pavement.


The only way around this is to go to the Board of Adjustment and ask for an exception, but what you described would not be approved otherwise everyone would do it.

Roger S
11-09-2017, 01:07 PM
It might be legal to put it down but it's not legal to park anywhere within city limits on gravel.

Is that just for private homes or does that pertain to commercial properties as well? I can think of several commercial parking lots that are gravel... Diamond Ballroom being one of those.

Pete
11-09-2017, 01:10 PM
Is that just for private homes or does that pertain to commercial properties as well? I can think of several commercial parking lots that are gravel... Diamond Ballroom being one of those.

Yes, sorry, talking about residential lots.

I believe commercial lots must also be paved but there may be some that are grandfathered in or received exceptions from the Board of Adjustment.

Pete
11-09-2017, 01:12 PM
By the way, the paved rule applies to side and backyards as well.

For example, you can't store boats or old cars in those areas unless they are paved.

I know this because I was having an issue with one of my neighbors and double-checked with the city to confirm.

Bill Robertson
11-09-2017, 01:37 PM
By the way, the paved rule applies to side and backyards as well.

For example, you can't store boats or old cars in those areas unless they are paved.

I know this because I was having an issue with one of my neighbors and double-checked with the city to confirm.
Funny that the parking ordinance applies to back yards etc. when the tall grass/weeds doesn’t. There is a neighbor that has weeds as tall as the stockade fence. Our association called the city and was told as long as it’s behind the house they won’t do anything. I remember another thread on here about tall grass in backyards also.

Zuplar
11-09-2017, 01:58 PM
Code enforcement would have a field day by me. They could probably fill the states budget if they wanted. I personally have 2 trailers parked on a very nice crushed concrete pad in my back yard. Mine by far is nicer than everyone else around me, but I'm assuming mine is technically illegal as well.

oklip955
11-09-2017, 05:11 PM
I am one that should never live in town. I'd be the one shot for telling code enforcemetn to get off my place and be out there popping off a few rounds. There is a reason why I live out in the country.

OkiePoke
11-10-2017, 07:28 AM
Has the city provided a definition of 'Hard Surface'?

Pete
11-10-2017, 07:46 AM
Has the city provided a definition of 'Hard Surface'?

Generally speaking, it has to be paved in a permanent way.

So concrete, asphalt or pavers. Not sure anything else would meet the standard.


You may see things like crushed granite at the development that houses Sunnyside Diner and Revolucion, but they had to adhere to strict standards and get a variance.

OkiePoke
11-10-2017, 08:05 AM
Generally speaking, it has to be paved in a permanent way.

So concrete, asphalt or pavers. Not sure anything else would meet the standard.


You may see things like crushed granite at the development that houses Sunnyside Diner and Revolucion, but they had to adhere to strict standards and get a variance.

Regulatory persons make wording generic, that is why I asked. I haven't seen any definition from the City regarding Hard Surface.

I would agree with you, but would consider 1.5"- to be a hard surface if it was framed in or intently positioned.

OKC has a problem with being urban. The driveways in my neighborhood should be concrete. The driveways in some rural parts of OKC could be gravel. It is difficult to write a blanket ordinance like this with such varying landscape/zones.

Pete
11-10-2017, 08:12 AM
Just so people understand, most of OKC's municipal code is boilerplate that other cities use as well. It's not like they wrote the whole thing from scratch.

My previous residence in California had almost the exact same code and wording.

mkjeeves
11-10-2017, 12:16 PM
Total abuse of many citizens by the city, starting in 1988 when they passed this law and more so when they raised the cost to $100 and started fining people. It is not applied in any rational or fair way. As has been pointed out, there are plenty of gravel lots around the city in use legally through variances or otherwise.

This is the code I was cited for while parked squarely in a gravel driveway that's been there since the '50s. Many of the people in my neighborhood have similar driveways. The grandfather clause was written tightly enough to exclude almost everyone. Mine does not fit the exclusion because it is not exactly a rectangle. One corner is curved.

This does not apply to residences with more than one acre. About 4 doors down from me a homeowner has more than an acre, has about 12 cars parked on gravel in various places in his front yard. Code enforcement stops by periodically to see if they are all on gravel and he does not get cited, according to him. I mow over an acre counting the city right of way, I own just under an acre.

It can't be any type of paving, as suggested above and it has to be installed by a licensed driveway installer. Ridiculous treatment by the city for the many homeowners in OKC with existing gravel driveways.

10250.8. Residential Parking Design and Regulation.

A.

Single-family, two-family, three-family and four-family residential structures located on one lot may use a paved driveway to fulfill the minimum parking requirements of this article. The space for each automobile on the paved area shall be a minimum of eight and one-half feet in width and 18 feet in length, and shall not be located within five feet of the street pavement. The residential driveway shall conform to the driveway design requirements as specified in this section.

B.

On lots less than one acre in size in the R-1, R-1ZL, R-2, R-3 and R-MH-1 Districts, and portions of PUD Districts with single-family, two-family, three-family or four-family residential uses, and on lots less than one acre in size with single-family, two-family, three-family or four-family residential uses located in non-residential zoning districts, vehicles shall be parked in the following manner:

(1)

Vehicles shall be parked on a permanently hard-surfaced (paved) driveway or parking area, meeting the design requirements specified in this section. A minimum of 25 percent of the lot shall be maintained as open space with no buildings or parking.

(2)

For residences with no access to the side or rear of their homes, vehicles may be parked on a gravel pad added to enlarge an existing single-lane paved driveway. The combined width of the gravel pad and the paved driveway shall be no more than 20 feet. The gravel shall be at least two inches in depth, and shall have a border of wood, brick, stone, concrete or similar material to keep the gravel in place. In addition, the gravel driveway shall be perpendicular to the street right-of-way, or parallel to the existing paved driveway; provided, that such enlargement made from and after the effective date of this ordinance shall meet the design requirements specified in this section.

(3)

However, any driveway that, as of October 1, 1988, did not meet the design requirements as specified in this section shall be deemed to be legally nonconforming for the purposes of this section. Vehicles may be parked on legally nonconforming driveways. The width of such driveways shall be determined by the width of the driveway throat at the property line, to a maximum of 12 feet. The legally nonconforming driveway shall be rectangular in shape and perpendicular to the property line.

(4)

This section addresses the proper parking of vehicles to protect neighborhood quality. It does not provide for the use of gravel driveways for new construction. For new construction, the standards as specified in this section shall be followed.

(5)

The requirements contained in this section do not supersede those contained in the special regulations in the Urban Conservation Districts.

mkjeeves
11-10-2017, 12:17 PM
Related story from a couple of days ago: http://www.koco.com/article/metro-family-works-to-make-gravel-driveway-legal-after-receiving-citation/13440844

jn1780
11-10-2017, 01:48 PM
So how is driveway defined? Sounds like you could have your whole yard gravel and it would be fine as long as you don't park on it.

Pete
11-10-2017, 01:54 PM
So how is driveway defined? Sounds like you could have your whole yard gravel and it would be fine as long as you don't park on it.

I believe that's true.

And in desert climates you do see this.

mkjeeves
11-10-2017, 02:33 PM
The best I can tell there's nothing saying you can't drive on that all gravel yard, you just can't park on it.

Zuplar
11-10-2017, 05:13 PM
Ah well I have 1.01 acre, so I guess I don't have to worry about my gravel pad out back.

Urbanized
11-11-2017, 11:32 AM
It will be interesting to see how building code and these types of ordinances handles permeable driveways when they inevitably become more popular due to their superior ecological properties and general attractiveness, and especially as usage of electric cars increases. Already Tesla is using them at their charging stations.

https://www.houzz.com/ideabooks/22060754/list/how-to-build-a-greener-driveway

rezman
11-11-2017, 04:18 PM
I would think permiable concrete would be classified as hard surface paving. It is very strrong, and once its down, its down. It is not loose like gravel and superior to pavers.

jompster
11-11-2017, 05:47 PM
(2)

For residences with no access to the side or rear of their homes, vehicles may be parked on a gravel pad added to enlarge an existing single-lane paved driveway. The combined width of the gravel pad and the paved driveway shall be no more than 20 feet. The gravel shall be at least two inches in depth, and shall have a border of wood, brick, stone, concrete or similar material to keep the gravel in place. In addition, the gravel driveway shall be perpendicular to the street right-of-way, or parallel to the existing paved driveway; provided, that such enlargement made from and after the effective date of this ordinance shall meet the design requirements specified in this section.


Ahh, so this is why they said my neighbor's was legal. His gravel met all of the requirements in B2. I knew I wasn't crazy.

Urbanized
11-13-2017, 02:18 AM
I would think permiable concrete would be classified as hard surface paving. It is very strrong, and once its down, its down. It is not loose like gravel and superior to pavers.

Check out the link I posted. There is a broad range of what constitutes permeable, including compacted gravel (often corralled by open-cell blocks or framework) and grass/vegetation growing from open-cell blocks and other structure.

rezman
11-13-2017, 06:31 AM
^ Yes, I checked out your link. There are some cool options. I should have been more specific and narrowed it down. I was referring to poured permeable concrete. Also called porous concrete, .... but then all concrete is porous. This is poured and troweled just like regular concrete, and can be tinted to just about what ever color you want. Very cool stuff.
14268

Urbanized
11-13-2017, 07:01 AM
Gotcha

mkjeeves
11-15-2017, 07:08 AM
I understand the code section I cited upthread has been changed. I copied that section from the municode online, which is not current. I can't find a document online where this was actually approved by the council but did find a link to the document on the council agenda.

The changed section:

(3) However, any driveway that, as of January 1, 2017 did not meet
the design requirements as specified in this section shall be deemed to be legally
nonconforming for the purposes of this section. Vehicles may be parked on legally
nonconforming driveways. The width of such driveways shall be a maximum of 12 feet. The
legally nonconforming driveway shall be rectangular in shape and perpendicular to
the property line.
(a) The maximum width of the nonconforming driveway may be up to 20 feet if
the paved width of the street the property fronts upon is less than 26 feet, or if
on-street parking is not permitted.

They changed the effective date, struck a sentence about the driveway width being measured at the property line and added the last sentence.

Somewhere there must be more...the cost to apply for a variance on a driveway was changed from the standard $1200 to $100 but I don't find information online about that.

I did also find where Shadid introduced a measure to limit the city to writing one ticket per site per day under this ordinance. That measure seems to have been tabled indefinitely. In talking to other citizens who were ticketed under this ordinance I learned the city has written tickets on multiple vehicles in the same driveway at the same time. It's a parking violation, so the ticket is written against the vehicle/driver, not against the property/property owner.