Charlotte’s rule tweak could mean a ticket if your car sticks out of driveway
Charlotte drivers whose cars block the sidewalk at the bottom of their driveways are more likely to be fined under revised rules the City Council approved Monday.
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Violators could pay $100 citations.
Cars that poke out too far and obstruct pedestrian pathways are technically in violation of federal law, Assistant City Attorney Lisa Flowers told the council. But conflicting language in city ordinances appeared to give violators a pass.
The city received a complaint under the Americans with Disabilities Act, the federal law ensuring equal treatment for people with disabilities. That includes access to public spaces such as sidewalks.
“Even if a vehicle is partially obstructing a sidewalk, it can create a complete barrier to someone in a wheelchair, somebody pushing a stroller or someone just trying to walk down the street safely,” Flowers told the council at a meeting earlier this month.
Although Charlotte prohibits parking on sidewalks under two separate ordinances, one noted an exception for vehicles parked “at a permanent or temporary driveway.” That misalignment risked inconsistent enforcement and citation disputes, Flowers said.
“It sends the message that our pedestrian zone is secondary,” Flowers said.
The City Council agreed to eliminate the exception in an 8-2 vote Monday. Code enforcement and the Charlotte-Mecklenburg Police Department will enforce the rules.
“This helps us address those concerns,” at-large Councilwoman Dimple Ajmera said. “Especially for those with special needs and families like mine who are trying to make sure that we are using the infrastructure that is there without having to get outside where there might be traffic, moving traffic.”
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At-large Councilwoman LaWana Slack-Mayfield and District 4 Councilwoman Renee Perkins Johnson were the only two who voted against the change, citing concerns that Charlotte’s approach to development sets people up for the fines.
“You just don’t get to have it both ways when we’re building so much density, shorter driveways, no parking on the street … and then not allow residents to be able to park in their driveway without a code violation,” Perkins Johnson said. “This is an expensive city. Sometimes more than one person or one family live in a home, and they have cars.”
Flowers clarified people can still park in their driveway as long as they pull all the way in and don’t obstruct the sidewalk. Under Charlotte’s unified development ordinance, driveways must be at least 20 feet long and 10 feet wide, which can fit at least one full-size vehicle or possibly two small vehicles.
Residents can expect an “education period” to help them adjust to the change, Flowers said.
“The bottom line is that it’s an ADA violation to block the sidewalk,” Flowers said.
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