Motorcycle close to the wall on sidewalks

[matphilrix]

There are threads that are couple of years old that has contradicting suggestions. Essentially, is it a violation to have home owner have the bike parked adjustment to the steps without hindering neighbors and joggers ?

Could someone suggest if there's a consensus regarding this w/ PPA ?


https://maps.google.com/maps?q=255+S...,93.4,,0,28.63

[guzzijason]

According to §10-611 of the city code:

(2) Obstructing the Sidewalk Prohibited. No person shall:
(a) Park any motorized vehicle on the public sidewalk.

And §12-913

(1) Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle 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:
(ii) On a sidewalk except that a bicycle may be parked as provided in Section 12-807.

However, I don't believe these are enforced anywhere outside of the areas of Center City that have dedicated motorcycle meters.

I've been parking on the sidewalk in front of my house off and on for years (when not kept in my nearby garage), along with others on our block, with no issues. However, we have relatively wide sidewalks on our block, and we're not obstructing anything (you could easily roll a wheelchair past my bike with no issues at all.

On the other hand, the street you're talking about has extremely narrow sidewalks... the street trees and what-not themselves practically make the sidewalks impassible in places to begin with. You probably can park there, but keep it very close to the wall. As long as people can still get by on the sidewalk, I would imagine you'll be fine. I highly doubt you'll receive any ticket unless someone actually files a complaint.

__Jason

[guzzijason]

Another interesting blog post which seems to conclude that outside of the aforementioned metered zones, it's really a free-for-all elsewhere in the city: The Post in Which I Attempt to Answer: Where am I Supposed to Park my Scooter? « Philly Law Blog

__Jason

[Mantis]

I have been doing this for years and have only gotten two tickets (back to back days in the rain). I fought them and had one thrown out while I had to pay the other ?!? Don't know the logic in that but I guess they just wanted $$$. I came prepared with a full legal defense and they didn't even bother to let me present it. I believe technically within 3 feet of a building you can park but it really depends on the PPA. Also you cannot block foot traffic on the sidewalk. From the map you provided I think that would be the case but I don't know how heavy handed the PPA is on your street. Around me they are very nice and if I vouch for a car parked illegally (but not ignorantly) they let it slide and give it time.

[eleven]

The sidewalk within a certain distance to a house/building is actually considered part of the individual property, so it's fair game to park there provided that it's not obstructing anything or anyone. I've also heard that PPA guys are not permitted to remove motorcycle covers to see a license plate, so if you're parked close to a building and you put a cover on you should be OK.

[BarryG]

If a car or motorcycle parks on your sidewalk and blocks a door from opening, do you call the police or PPA?

[loveisnoise]

The sidewalk within a certain distance to a house/building is actually considered part of the individual property, so it's fair game to park there provided that it's not obstructing anything or anyone. I've also heard that PPA guys are not permitted to remove motorcycle covers to see a license plate, so if you're parked close to a building and you put a cover on you should be OK.

All of this is absolutely wrong.

You aren't allowed to park on the sidewalk, period. And yes-PPA can and does remove motorcycle covers, car covers, and any other cover obstructing their view.

Outside of CC, people in pennsport, south philly, and Fishtown have received tickets for parking on the sidewalk.

[loveisnoise]

If it is within a 24hr time period they will sometimes throw one out. And your logic in questioning their logic is askew. If they 'just wanted money', they wouldn't have thrown out one of the tickets.

Please show me this supposed '3 ft. in front of a building rule'.

I have been doing this for years and have only gotten two tickets (back to back days in the rain). I fought them and had one thrown out while I had to pay the other ?!? Don't know the logic in that but I guess they just wanted $$$. I came prepared with a full legal defense and they didn't even bother to let me present it. I believe technically within 3 feet of a building you can park but it really depends on the PPA. Also you cannot block foot traffic on the sidewalk. From the map you provided I think that would be the case but I don't know how heavy handed the PPA is on your street. Around me they are very nice and if I vouch for a car parked illegally (but not ignorantly) they let it slide and give it time.

[Malloy]

I know people in Philly who have parked their bikes tight to the front of their homes for years with no issues. The bikes do not obstruct the walkway, their entry or next door neighbor's entry. I've done it a number of times with no issues. I always thought that was legal, but never bothered to investigate.

[Big Irish]

I know people in Philly who have parked their bikes tight to the front of their homes for years with no issues. The bikes do not obstruct the walkway, their entry or next door neighbor's entry. I've done it a number of times with no issues. I always thought that was legal, but never bothered to investigate.

I've been parking my cycle on the pavement in front of my house for 5+ years with no tickets. I park it next to my steps, it doesn't obstruct the pavement, and it doesn't encroach on my neighbor's property. I always knew it was illegal to park on the pavement, but I also knew it was rare for the PPA to write those tickets here as long as you're not obstructing the sidewalk.

Looking at the pic the OP posted I would be hesitant to park my cycle on the pavement in that location. It doesn't look wide enough to accommodate a cycle without obstructing the walkway.

[Malloy]

Looking at the pic the OP posted I would be hesitant to park my cycle on the pavement in that location. It doesn't look wide enough to accommodate a cycle without obstructing the walkway.

Agreed.

[guzzijason]

The city code is full of all sorts of fun stuff. Yes, as previously mentioned, it is technically illegal to park a motorcycle on the sidewalk in front of your house. But, did you also realize that it is also illegal to put a flower pot or bench on your sidewalk as well, unless you get a permit? How many flower pot permits do you think the city issues every year? More importantly, how many tickets for unregistered flower pots do you think they issue?

Also, I love this gem:

§ 10-611. Sidewalk Behavior.

(2) Obstructing the Sidewalk Prohibited. No person shall:

(n) Allow any dogs, guard cats, pigs or snakes on the public sidewalk unless properly restrained by leash or, in the case of snakes, in a cage.

Yep, that's right... "guard cats". Let me say that again... "guard cats".

That. Is. Awesome.



__Jason

[Malloy]

This is cool too. A guard cat is def more epic -no contest.

[guzzijason]

LOL - that snooty pig seem to be looking down his nose at us.

Also, somebody needs to inform this nice lady that she is in violation of the Philadelphia city code:



__Jason

[loveisnoise]

And what laws should just be thrown out? Maybe we should just be allowed to throw our trash about? Maybe it should be ok to have sex with children? It is a slippery slope when one finds no fault in transgressions.

[JJS]

Our front door is a few feet above the sidewalk. We have five steps leading down to the sidewalk from the front door. I park my Vespa against the house, on the sidewalk, locked to the bars over the basement window. The steps are signifcantly wider than the the Vespa. My Vespa, parked as I've described, does not obstruct the sidewalk.

Are we certain the space I described is part of the "public sidewalk"? Consider that many rowhomes have front porches that extend from the front steps to the end of the property line over the sidewalk. Some people put fencing around their porch and a gate to keep the public out.

How could that area be deemed a private space for people to construct a fenced porch and simultaneously be deemed a public space for determining whether people can park a scooter/motorcycle?

If I built a porch, put a fence around it, and parked my Vespa on my porch, could I be ticketed for parking on the sidewalk?

[guzzijason]

Good luck wading through the city code to try and answer that one. The bottom line is, the no-motorcycle ordinance is deliberately not enforced, and I think for good reason. If all the motorcycles in our neighborhood suddenly were forced to take up street parking spaces, which are already in short supply, angry mobs would start rioting over parking spots. The PPA has also explicitly said it is not enforcing the motorcycle parking law outside of zones where dedicated motorcycle/scooter meters have been set up. Read for yourself:

Motorcycles & Scooters « Philadelphia Parking Authority

Pennsylvania Law prohibits motor vehicles from driving or parking on sidewalks. The Philadelphia Parking Authority has established new parking zones to accommodate motorcycles and scooters in the area between Arch and Locust, Broad and 20 Streets. Only motorcycles and scooters are permitted to park in these zones, where the meter fee will be one-half the prevailing rate on the block.

...

Motorcycle zones are still in the process of being installed within the pilot area. Once a motorcycle zone has been established on a block, the prohibition on sidewalk parking will be strictly enforced in the vicinity of that zone.

So, reading between the lines, you can see the PPA is deliberately not enforcing the existing law (in some - if not most - places). In the various neighborhoods outside of Center City, you should be fine as long as you're not blocking pedestrians. However, your mileage may vary depending on your neighborhood or police district. As others have mentioned here, I've never had one bit of problem. In fact, I've sat in front of my house - right next to my motorcycle - having a conversation with police officers and they clearly didn't care about the illegally parked bike. Like I said, the alternative is forcing all of the bikes to take up street parking, which really benefits nobody in the neighborhood.

__Jason

[JJS]

I've been paying close attention to the fronts of homes. Some people have front steps with long treads and short risers that take up more of the sidewalk than other people's front steps. Also, front steps that come straight down take up less sidewalk than steps that come across a home. I'm not very well versed in Philadelphia property law, but it seems like some property rights extend beyond the exterior wall; and in light of those property rights, maybe the space in front of some homes is not part of the sidewalk.

I'm all for upholding the law. But if I have a legal right to the space in front of my home, I expect to be able to use it.

[loveisnoise]

No, you've been looking for any excuse to get your own way. Stairs are a recognized needed encroachment upon right of way. The sidewalk is the sidewalk, no matter how much you try to get all Johnny Cochran about it. This law is really simple.

CHAPTER 12-900. PARKING REGULATIONS AND PENALTIES
§ 12-913. Prohibitions in Specified Places.
(ii) On a sidewalk except that a bicycle may be parked as provided in Section 12-807.

If that can't be understood, the city doubled up...
CHAPTER 10-600. PUBLIC PLACES – PROHIBITED CONDUCT
§ 10-611. Sidewalk Behavior.
(1) Scope. The provisions of this Section shall apply as follows:
(a) The following provisions shall apply city-wide: subsections (2)(a), relating to parking a motorized vehicle on the sidewalk
(2) Obstructing the Sidewalk Prohibited. No person shall:
(a) Park any motorized vehicle on the public sidewalk.


Now, if you choose to ignore this, can I ignore the same law since I want to gamble in front of your property? It's the same exact chapter regarding sidewalk behavior. Maybe I can set up shop and sell vibrators and plastic peepees in front of your house? It is in the same chapter. On and on-picking and choosing the law leads to rape and incest. Don't slide into the vortex of maelstrom over your own personal greed.

I've been paying close attention to the fronts of homes. Some people have front steps with long treads and short risers that take up more of the sidewalk than other people's front steps. Also, front steps that come straight down take up less sidewalk than steps that come across a home. I'm not very well versed in Philadelphia property law, but it seems like some property rights extend beyond the exterior wall; and in light of those property rights, maybe the space in front of some homes is not part of the sidewalk.

I'm all for upholding the law. But if I have a legal right to the space in front of my home, I expect to be able to use it.

[Malloy]

On and on-picking and choosing the law leads to rape and incest. Don't slide into the vortex of maelstrom over your own personal greed.

Or, it may lead to double and median parking in SPhilly.