INGO Lawyers and Law Enforcers, Do I have any options?

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  • jkaetz

    Master
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    3   0   0
    Jan 20, 2009
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    Indianapolis
    Short story, for the past three years I have had three cars parked at my house during the warm months. All are used on a regular basis. I have a two car garage so the third car is parked at the end of my driveway. This blocks the sidewalk going through my driveway. Yesterday I received a warning from IMPD about the third car blocking the sidewalk. The only thing I could find about blocking sidewalks is this Indianapolis ordinance. What would the penalty be for this ordinance and can it really be enforced on a vehicle that is parked in the homeowner's driveway? Is there any recourse?


    The rest of the story. I have a treeline behind my house that divides my subdivision and another. The neighbor that lives behind me in the other subdivision has grandkids that were going back and forth through the treeline playing in my backyard and my adjacent neighbors' back yards. I politely instructed them to stay on the other side of the tree line as I have instructed any kids that traverse my backyard. Later that evening the grandkids' parents and grandparents arrived at my house and began hassling my wife. I was not home at the time. I spoke with the parents a couple days later when I saw them out and about, they live in my subdivision. They claimed they had no problems and would keep the kids in the grandparent's yard. That was a couple years ago, haven't had any problems since then. Fast forward to Friday, the Grandfather was pushing his wife down the road in a wheelchair and saw me mowing. They proceeded to stop me and ask me why my third car was always parked at the end of my drive. I responded factually and politely. At that point it became clear that they were not interested in why the car was there, they only wanted it moved. I remained polite and they recognized me as the person who told their grandkids not to play in my yard. From there, things only went down hill as they were insistent that I should move my car. When I stated that moving the car would be an inconvenience for me his only response was that it wasn't his problem. I didn't say much else as I didn't feel like arguing and nothing I said would make they happy. The wife said that she was handicapped and told me they would call the police. I apologized for her handicap but said nothing else. After that they continued to the home of their kids and grandkids who live at the end of the street.

    I realize that blocking the sidewalk is an inconvenience for pedestrians and more so for them, but I feel the other options are also not good. I can park in the street, but this presents its own set of problems. First and foremost I think it's worse to clog up a street with a parked vehicle than a sidewalk that is used infrequently. Second, parking in the street is less secure and greatly increases the risk that the vehicle will be hit by another car. Third, I can't park directly in front of my house without blocking a mailbox, I would have to park on the other side of the street between my other neighbors' houses. The only other option is to pull up in the driveway and play musical cars. I find this to be a ridiculous request of a tax paying homeowner solely to placate a grumpy neighbor from another subdivision. Nevermind the annoyance of being told that you can't park in your own driveway because there is a sidewalk going through it. I can probably go around the neighborhood and find several other cars also blocking the sidewalk, I've walked around plenty of them and never though that I needed to make a big deal out of it.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
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    Galt's Gulch
    I would be rather upset if I pushed my wife in a wheelchair and your car blocked my path on the sidewalk. I'm pretty sure you have to shovel your sidewalk as well (or maybe it was the last state I lived in).

    Don't be that guy. Move your car.
     

    churchmouse

    I still care....Really
    Emeritus
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    187   0   0
    Dec 7, 2011
    191,809
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    Speedway area
    Yes, move the car. The sidewalk is there to keep the pedestrians and children out of the street and harms way, no matter how infrequently it is used. It is only polite not to block it with your car. Find another option. I had to widen my driveway so the walk would remain clear. LEO should and will site you.
    Move the car. We do the musical car/truck thing all the time.

    As to the tree line, you are full in your rights to ask the kids to stay out of your yard.
     

    Bounty Hunter

    Expert
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    2   0   0
    Mar 11, 2010
    788
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    There you are.
    Walk a mile in the others persons shoes, really rings true alot of the time. If you, or a family member were handicapped, I am sure you would be upset too. My Mom is handicapped and I have had people move there vehicle at my parents apartments, because they feel they can do what ever they want. Generally they have been very rude, and self centered when asked to do so. (NOT saying that you are), one was very confrontational, which did not turn out so good for him, but it is unfortunate that they cannot park in there designated spot, or cannot get in and out of the car, because of this.
     

    rockhopper46038

    Grandmaster
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    89   0   0
    May 4, 2010
    6,742
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    Fishers
    I am neither lawyer nor LEO, so this opinion is based solely on my reading comprehension of the ordinance you provided.

    I would say that you are screwed. Section 645-513, item 6 is written pretty clearly.

    I see plenty of ways for you to escalate this matter and retaliate against the *******s who thought they ought to be able to trespass on your property, if that is important to you (and to your credit you did not indicate in your OP that it is); but I don't see a way for you to be able to continue to park your car where it would block the continuation of the sidewalk as it passes through your driveway without risking citation.

    Crappy neighbors suck.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
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    Galt's Gulch
    Live on the Southside?

    There were two people that did that in my old neighborhood on north side of greenwood. One literally parked parallel to the street with his bumper over the grass. You couldn't even use his driveway as a sidewalk because of how the guy parked. Grr...
     

    littletommy

    Grandmaster
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    0   0   0
    Aug 29, 2009
    13,171
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    A holler in Kentucky
    Things like this just make me hate people even more. Yeah, OK, maybe you shouldn't block the sidewalk, but you shouldn't have to be inconvenienced in your own home because some ******* neighbors have an ax to grind with you.
     

    MagicKev

    Marksman
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    1   0   0
    Oct 26, 2011
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    Park on the street and move the mailbox to other side of the drive so you're not blocking it. That's what I did at my wife's parents house.
     

    Mosinguy

    Shooter
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    16   0   0
    Feb 27, 2011
    4,567
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    North Dakota soon...
    There were two people that did that in my old neighborhood on north side of greenwood. One literally parked parallel to the street with his bumper over the grass. You couldn't even use his driveway as a sidewalk because of how the guy parked. Grr...

    Did he drive a truck? Because you might have lived in my neighborhood :n00b:
     

    Brandon

    Grandmaster
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    11   0   0
    Jun 28, 2010
    7,116
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    SE Indy
    I play musical cars in my driveway and there is no sidewalk... And my drive way is over 300 feet long with a few parking spots at the end... Move your car.
     

    jkaetz

    Master
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    3   0   0
    Jan 20, 2009
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    Indianapolis
    Interesting sentiments. I'm still wondering exactly what the penalty is for the violation and if it extends to homeowners. I'm somewhat surprised that the general consensus is that a homeowner must yield his or her space because there is a sidewalk and one complaint. Does that sentiment extend to citing all the pedestrians that walk in the street and not on the sidewalk per IC 9-21-17-12? I can't count the number of times I've had to go around or wait for pedestrians to realize that there is a car behind them when there is an unobstructed sidewalk beside them.

    I have no interest in retaliation, I only mention the previous encounter as I feel it may have escalated this one. I really only want to park my vehicle in my driveway as I have for the last three years. Seems that may not be possible though. Just one more reason not to live in a neighborhood.

    Yes, southside.

    Widening the drive isn't an option and I'm betting the HOA would be unhappy about me moving the mailbox. A three car garage is in order for the next house, but that does little good now.
     

    NapalmFTW

    British dude
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    1   0   0
    Aug 30, 2011
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    Lowell
    I'd be pissed off too if I had to push my wife in a wheelchair out into the street because you blocked the sidewalk.

    As someone said - don't be _that_ guy
     

    jkaetz

    Master
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    Jan 20, 2009
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    Indianapolis
    I'd be pissed off too if I had to push my wife in a wheelchair out into the street because you blocked the sidewalk.
    Seems a lot of people are stuck on this little detail. The walk from their house to their kids house takes them across three streets and two subdivisions that do not have a connecting sidewalk. The wheelchair and lack of sidewalk were not a hindrance.

    I think there is also a misconception that I'm asking what i should do, I'm not. There is no question that I should move the car. My question was only about the ability to be ticketed in your own driveway and what the ticket would be for.
     
    Rating - 100%
    1   0   0
    Jul 3, 2008
    3,619
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    central indiana
    Interesting sentiments. I'm still wondering exactly what the penalty is for the violation and if it extends to homeowners. I'm somewhat surprised that the general consensus is that a homeowner must yield his or her space because there is a sidewalk and one complaint. Does that sentiment extend to citing all the pedestrians that walk in the street and not on the sidewalk per IC 9-21-17-12? I can't count the number of times I've had to go around or wait for pedestrians to realize that there is a car behind them when there is an unobstructed sidewalk beside them.

    I have no interest in retaliation, I only mention the previous encounter as I feel it may have escalated this one. I really only want to park my vehicle in my driveway as I have for the last three years. Seems that may not be possible though. Just one more reason not to live in a neighborhood.

    Yes, southside.

    Widening the drive isn't an option and I'm betting the HOA would be unhappy about me moving the mailbox. A three car garage is in order for the next house, but that does little good now.

    because it is NOT your space, it if your property but a city RIGHT of way is there..
    you might be able to refuse a single person permission to enter that area, say someone you have a court order against, but not the public in general..
    In some areas the land owner will own to the center of the road, but the city or state hold a right of way over the road & 10 feet on each side..

    If you keep blocking the right of way, you might just find your car missing some day..
     
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