There have been numerous complaints in the Sonoran Desert Willow Community dealing with illegal parking issues. In our April 2023 meeting, the SDWE HOA Board Members invited Donovan Durband, the Administrator of the City of Tucson Transportation and Mobility Department’s Park Tucson Division to attend our meeting and provide insight as to how violations that continue to be a concern with resident complaints. This is an explanation of what is enforceable by the HOA, or by the City of Tucson Governmental Agencies.
SDWE streets belong to the City of Tucson. Enforcement of parking violations rest on several agencies within The Tucson City Government.
Our HOA Covenants, Conditions, Restrictions & Easements (CC&R’s) were adopted in May of 2002. For changes to be made that address parking issues not covered by law, requires a 100% vote of our community members.
The complaints ranged in many ways, specifically asking the Platinum Management Company and the SDWE HOA Board of Directors to act upon vehicles parking on the curb, on the rocks between the curb and sidewalk, in areas designated as Fire Access zones. Because of the width of the streets in our development, every street inside the SDWE Association has a side of the street designated as FIRE ACCESS. For the Tucson Fire Department, Police Department and Ambulances to have safe access to our community, this must be enforced. However; being that the streets in our community belong to and are maintained by the City of Tucson, only their Agencies can enforce those laws.
Sec. 20-277. Stopping, standing or parking prohibited in specified places.
Except for public buses, which may stop in a no-parking zone marked or sign posted as a bus loading zone, or authorized commercial vehicles or government-plated trucks as defined in section 20-249 in freight curb loading zones, or disabled or handicapped vehicles in disabled zones, or passengers or their effects in passenger curb loading zones, it is unlawful to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with law or directions of a police officer or traffic-control device, in any of the following places:
(1) On a sidewalk.
(2) In front of a public or private driveway.
(3) On a crosswalk, whether marked or unmarked.
(4) Within twenty (20) feet of a crosswalk at the departing
side of an intersection whether marked or unmarked.
(5) In red zones.
(6) Where "no-parking" signs are specifically posted.
(7) Within five (5) feet of a driveway.
(8) Within ten (10) feet of an alleyway.
We have found that many of our residents are conscientious of our street width and try courteously park as far off the street as possible, with their wheels on the gravel area between the curb and sidewalk or even further off the street and onto the sidewalk… As seen below, this is a violation of the Tucson City Code.
Sec. 20-260. Stopping, standing, parking prohibited between the curb and sidewalk or in an unimproved pedestrian area impeding continuous pedestrian use.
It shall be unlawful to stop, stand or park a vehicle, whether posted or not, in that area between the curb and a sidewalk or in an unimproved pedestrian area such that it impedes continuous pedestrian use. Impeding continuous pedestrian use is determined when the stopping, standing, or parking of a vehicle leaves less than a four (4) foot wide unimproved pedestrian area. Provided, unless the area is posted with "no-parking" signs, it shall not be unlawful to stop, stand, or park a vehicle in an unimproved pedestrian area adjacent to roadways less than or equal to twenty-six (26) feet wide.
EXAMPLES OF WHAT WE DO TO GIVE OURSELVES MORE SPACE, HOWEVER ARE ILLEGAL ACCORDING TO THE TUCSON CITY CODE.
We have other violations that are dangerous and can be enforced, parking in such a manner as to obstruct the sidewalk in such a manner that it impedes pedestrian use. This violates an Arizona State Law, ARS 28-873.
28-873. Stopping, standing or parking prohibitions; exceptions; definition
A. Except if necessary to avoid conflict with other traffic or if in compliance with law or the directions of a police officer or traffic control device, a person shall not stop, stand or park a vehicle in any of the following places:
On a sidewalk.
In a private driveway if any part of the vehicle or an attachment to the vehicle, including a hitch or trailer, blocks an area of a sidewalk and impedes continuous pedestrian use of the sidewalk in a manner that is not consistent with the Americans with disabilities act as defined in section 41-1492. This paragraph does not apply if the vehicle is temporarily parked for the purposes of loading or unloading the vehicle.
HOW DO WE RESOLVE THESE ISSUES
To address any issues involving parking in a fire zone, on the rocks between the curb and sidewalk, on the sidewalk or blocking the sidewalk please contact The Tucson Police Department, Park Tucson Administrator at https://www.tucsonaz.gov/park-tucson. Please feel free to attach photos of the reported violation.
SDWE HOA CC&R VIOLATIONS
In our CC&R section 10.8.1, it prohibits parking in the community in other than the garage, or driveway. That is also intended to imply that parking in other than inside the garage or driveway, is prohibited. That means parking on the rocks, whether partially or completely is a violation of our CC&R’s.
Our C&R’s also prohibit residents from parking on the streets. Our Community Attorney has advised us to be patient on this violation, as there is current legislation in the Arizona State House that is pending, which may have a direct effect on this issue. The City of Tucson, does not prohibit vehicles being properly parked on a city street, but it does prohibit the length of time that the vehicle can be parked at that location.
Our last complaint deals with commercial vehicles parked in the community. Just because a vehicle has a placard on the side, or is a work truck, does not make it a commercial vehicle.
Arizona Revised Statute 28-5201.
Definitions In this chapter, unless the context otherwise requires:
1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following: (a) A single vehicle or combination of vehicles that has a gross vehicle weight rating of twenty-six thousand one or more pounds and that is used for the purposes of intrastate commerce.
We appreciate your cooperation and adherence to these Statutes, Regulations and CC&R restrictions.
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