So, you have a great little house in or near the historic district and, to your annoyance, between events and employees for various local businesses, there are cars parked in front of your house pretty much every day.
Annoying, but is it illegal?
Actually, it is totally legal. But that does not stop residents from calling police to report this kind of behavior all the time.
To clear up the confusion between what is illegal and what is just annoying, the Boulder City Police Department, in conjunction with the city’s communications division, has developed a flow chart for those seeking clarity.
The chart illustrates the following:
State law (NRS 484B.483) prohibits parking a vehicle on roads for certain purposes:
■ Displaying the vehicle for sale.
■ Washing, greasing or repairing the vehicle, except repairs necessitated by an emergency.
■ Soliciting business.
■ Selling merchandise from the vehicle except in a duly established marketplace, or one so authorized or licensed by the local authority.
■ Storage, or as junkage or dead storage, for more than 72 hours.
Boulder City Traffic Regulation 10-6-3 is more strict, going a step further: No person shall park a vehicle on any street for a period of time longer than 24 hours, except in an area contiguous to his or her residence.
By city code definition, “contiguous” 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 resident of the property contiguous to where the vehicle is parked may give permission to park at that location if it is for more than 24 hours.
Therefore, for an owner and/or resident or someone with permission from same, can park in front of their residence for more than 24 hours as the city ordinance allows, unless it is, or becomes, in violation of the above state law. Failure to comply with either law may result in a citation and/or the vehicle being impounded and stored 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 the matter, but it cannot be less restrictive than what a state law requires.
When it comes to more than 24 hours, the city ordinance permits — in certain circumstances — for the vehicle to be parked more than 24 hours but only up to 72 hours. Why the 72-hour maximum? Because the state law prohibits parking a vehicle for three reasons: storage, junkage or dead storage for more than 72 hours. The city cannot pass an ordinance that is less restrictive than state law and permit a person to store a vehicle on the roadway, even in front of their residence, for more than 72 hours. That same state law prohibits parking at all for the other reasons outlined in the statute. Even if it is parked in front of the owner’s residence.
By answering some simple questions on the flow chart, a resident can determine if their vehicle is violating state law and our city code.
“Many residents think they can park any car in front of their home for an unlimited amount of time, but there are limits. The flow chart gives residents a simple chart of what is allowed and what is not,” said Deputy Police Chief Aaron Johnson. “By giving residents this information on our website, our hope is that they will learn the rules and avoid fines.”