Tuesday, September 3, 2013

Is It or Is It Not a Parking Lot?

What is a parking lot if not a place where cars are parked? This question is the most recent legal thorn in my side.

Kentucky Revised Statutes §189.725 Removal of Vehicles by Owner of Private Parking Lot - Signs, provides:
"(1) Any owner or attendant of a privately owned parking lot may have removed from the lot any unauthorized vehicle parked and any person engaged to remove such vehicle shall have a lien on the vehicle in accordance with KRS 376.275. 
"(2) Every operator of a parking lot covered by the provisions of subsection (1) shall post signs stating thereon that the parking lot is privately owned and unauthorized vehicles will be towed away at the owner's expense."
K.R.S. §§ 189.700 to 189.720 were all enacted as a lump in 1954 and it is clear those sections relate to parking lots which are operated as businesses, "wherein automobiles are parked or stored for hire."

With K.R.S. §189.725, enacted in 1966, it's clear enough to me that the section is not limited to places where cars are parked for a fee. Thus, a gravel pad behind a three-unit residential house in Old Louisville with bumper blocks where everyone and his bother likes to park for free just because I'm not sitting out there in a lawn chair with a shotgun day and night would be a "parking lot" under this section.

The good news is that K.R.S. §189.725(1) specifically empowers me to have "unauthorized vehicles" removed.

The bad news of K.R.S. §189.725(2) is that I have to put up a sign.

The confusion arises in deciding which vehicles are or are not "authorized."

Here is the sign. It's the best I can do for cheap.

Unfortunately, it is no exactly how I would word it were I bent on having the perfect sign.

"No Parking" isn't strictly true. Of course the gravel pad in the back yard next to the alley, with the bumper blocks, is intended for parking and it will be used as such. "No Unauthorized Parking" would be better. But, I'll make sure that the authorized people understand the "No Parking" does not apply to them.

If others are confused by cars parked where the sign says "No Parking,", they can obtain clarity the hard way.