So you have a great little house in or near the old town and to your annoyance, between events and employees of various local businesses, cars are parked in front of your house practically every day.
Annoying, but is it illegal?
Actually, this is completely legal. However, that doesn’t stop residents from constantly calling the police and reporting this kind of behavior.
To help clear up the confusion about what is illegal and what is simply a nuisance, the Boulder City Police Department, in collaboration with the city’s communications department, has developed a flow chart for those seeking clarity.
The diagram illustrates the following:
State law (NRS 484B.483) prohibits the parking of vehicles on streets for certain purposes:
■ Display of the vehicle for sale.
■ Washing, lubricating or repairing the vehicle, except for repairs required due to an emergency.
■ Business acquisition.
■ Selling goods from the vehicle, except in a marketplace duly established or authorized or licensed by the local authority.
■ Storage or as scrap or dead goods storage for more than 72 hours.
The City of Boulder’s Traffic Code 10-6-3 is stricter and goes a step further: No person may park a vehicle on any street for more than 24 hours, except in an area adjacent to his or her residence.
According to city ordinance, “adjacent” means on the street immediately in front of and on the same side of the street as the vehicle owner’s residence. The owner or occupant of the property adjacent to the location where the vehicle is parked may grant permission to park in that location if it is for more than 24 hours.
Therefore, an owner and/or resident, or someone with the permission of the same, may park in front of their residence for more than 24 hours as permitted by city ordinance unless it violates the above-mentioned state law. Failure to comply with any of the laws may result in a citation and/or impoundment and storage of the vehicle at the registered owner’s expense.
A city ordinance cannot permit what a state law prohibits. An ordinance may be more restrictive than a state law on this matter, but it cannot be less restrictive than what a state law requires.
When it comes to more than 24 hours, the city ordinance allows – under certain circumstances – the vehicle to be parked for more than 24 hours, but only for up to 72 hours. Why the 72-hour maximum? Because state law prohibits parking a vehicle for three reasons: storage, junk, or storage for more than 72 hours. The city cannot pass an ordinance less restrictive than state law that allows a person to leave a vehicle on the street for more than 72 hours, even in front of their home. The same state law prohibits parking for the other reasons listed in the law altogether. Even if it is parked in front of the owner’s home.
By answering a few simple questions in the flow chart, a resident can determine if their vehicle is in violation of state law and our city ordinance.
“Many residents believe they can park any car in front of their home for an unlimited amount of time, but there are restrictions. The flow chart gives residents an easy overview of what is and isn’t allowed,” said Deputy Police Chief Aaron Johnson. “By providing residents with this information on our website, we hope they will learn the rules and avoid fines.”
