At the City Council meeting that was held on January 2, 2001, I was asked the question, "What can citizens do about cars blocking their driveways?" This is a common question being asked especially with the impact of BART parkers seeking spaces further and further into residential neighborhoods. Since this question is a common question asked of personnel in the Police Department, I thought it would be appropriate to utilize this forum to address the answer.

Section 22500 of the California Vehicle Code is entitled, "Prohibited Stopping, Standing, or Parking." The section states, "No person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:

Subsection (e) - "In front of a public or private driveway entrance, except that a bus engaged as a common carrier, school bus, or a taxicab may stop to load and unload passengers when authorized by local authorities pursuant to an ordinance..."

In essence, it is illegal for anyone to park in front of a driveway whether or not it is the property owner or not. If you have the unfortunate experience of having a vehicle parked in front of your driveway, call the Police Department at the non-emergency telephone number, 237-3233. An Officer or a Parking Enforcement Representative will respond to assist you.

Responding Department personnel will make contact with you and try and resolve the problem to your satisfaction. After conferring with you and assessing the situation, the responding Officer will have two options if the vehicle is parked in violation of the section: issue a citation to the vehicle or issue a citation to the vehicle and tow the vehicle.

It has been the Department’s practice not to tow a vehicle if the property owner is able to exit the driveway with minimal difficulty, however the vehicle would still be issued a citation. But, if there is sufficient difficulty involved or the property owner persists, the vehicle may be towed.

It is important to note that if the problem is not resolved to your satisfaction by responding personnel, please call and request to speak with the Watch Commander at (510) 215-4400 or (510) 237-3233. The Department wants to be responsive to the concerns of our community. It is imperative that you notify the Department if we are not being responsive in a certain area or the service we are providing is not to your satisfaction.

If you have other questions about other concerns, please contact me and I will address those issues.

Scott C. Kirkland
(510) 215-4410
E-Mail: skirkland@ci.el-cerrito.ca.us