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Parking Ticket for Motor Running Warming Up Car in Driveway

Discussion in 'Parking Tickets, Towing, Impound' started by Michael M. Wechsler, Jan 10, 2017.

  1. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Jurisdiction:
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    Today's ruckus on social media reached me from citizens who are irate that a man received a parking ticket for warming up is unlocked car in a driveway, which belonged to his girlfriend. A few dozen angry people were arguing that the police should tear up the ticket and that issuing a parking ticket because an unlocked car is dangerous is ridiculous. I respectfully disagree with them. In addition to the fact that an easily stolen vehicle will almost always lead to either a crime or some type of injury which will involve the police, it is also a burden on taxpayers with almost any outcome. There may be police intervention, the unnecessary injury of another (e.g. a joyride by an adolescent, efforts to recover the vehicle, the use in prevention of detection while committing another crime, etc.)

    While I do think it would be better to knock on a door before issuing a summons, one has to wonder how many people do this without thinking and how many doors might require knocking. Although I do think that $125 is too harsh for such an offense. Those should be restricted to blocking roadways, fire hydrants or some other public nuisance. I thought this was an interesting parking ticket of mention.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    It's almost a necessity in the northern states to have to run your car in the winter to get it warmed up enough to de-ice the windshield. I can remember doing it often when I lived in NY and I sure didn't want to stand out there in the cold for the 5 minutes it took.

    Apparently, that one town in the article passed a law prohibiting leaving your car running with the keys in it. Like draconian gun control laws, the authorities justify it by citing extreme statistics.

    The cop took the time to get out of his car and write the ticket. He couldn't walk another 10' to the front door to remind the owner not to leave it running that way?

    I suspect revenue enhancement as a motive for picking on cars in driveways.
     
  3. Michael M. Wechsler

    Michael M. Wechsler Law Topic Starter Administrator Staff Member

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    Agreed on many accounts. As you know, even in balmy New York City you need to warm up the car in the winter for a few minutes if you want to avoid problems. But I think their issue was that the car is unlocked. It would seem that they expect vehicle owners to have the doors locked and use a second set (or a remote) to open the doors.

    Given that it's Michigan I wonder what the motive was for the municipality to pass such an ordinance. I wouldn't be surprised if it was revenue driven but the state also has a very high auto theft rate.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    I laughed.

    Believe it or not, there are sometimes cold mornings in Phoenix when I have to run the car for a few minutes to get the heat going.

    It would make sense to lock the car while the motor is running but, human nature being what it is, it isn't always convenient to carry the extra key or separate the remote from the ignition key.
     
  5. KatDini

    KatDini Active Member

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    My VW won't let me lock the car with a set of its keys in it.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I thought that might be the case with a lot of modern cars.
     
  7. army judge

    army judge Super Moderator

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    au contraire mon frère, you can leave the key in the ignition, exit the driver door.
    After exiting the vehicle, walk over to the passenger door.
    If you have a remote, you can now lock your car using the remote.
    If your car isn't equipped with a remote, BUT you have a spare door key, you can lock the car using the door lock on the passenger door before you close said door.
     
  8. KatDini

    KatDini Active Member

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    LOL I'll remember this if I need to lock the keys in the car. :p
     
  9. Highwayman

    Highwayman Active Member

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    This is also illegal in NYC.

    Ice on windows aside, cars warm up much faster by driving them.
     
    leslie82 likes this.
  10. Disabled Vet

    Disabled Vet Active Member

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    I think this will cause more people to drive without properly cleaning their windows. I don't agree with the law... a person home property is just that. Their home.... the insurance companies could make it where the car wasn't covered by insurance if it was stolen.
     
  11. mightymoose

    mightymoose Well-Known Member

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    When I first read this article I immediately tried to look up the wording of the ordinance that was cited. The local ordinance is online and appears up to date. The ordinance does not appear to exist. There also is no corresponding state law.
    The author of another article I read tried to find it as well but found nothing after contacting a number of sources.
    The police in this matter seem to have circled the wagons to defend the officer. I'm curious to see how this plays out simply because of the mystery ordinance.

    Even if legit I find the ordinance to be overreach. The next step is for police to cite you for leaving your door unlocked because it makes it easier for burglars to get in.
     
    army judge likes this.
  12. adjusterjack

    adjusterjack Super Moderator

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    Sorry, but wrong on both counts.

    I found it in the Michigan Uniform Traffic Code for Cities, Townships, and Villages:

    R 28.1458 Rule 458. Requirements when leaving motor vehicle unattended; violation as civil infraction.
    (1) A person who has control or charge of a motor vehicle shall not allow the vehicle to stand unattended on any street or any other place without first stopping the engine, locking the ignition, and removing and taking possession of the ignition key. The provisions of this rule that pertain to the locking of the ignition and removing and taking possession of the ignition key do not apply to motor vehicles that are manufactured with an ignition system that does not have a key and that is incapable of being locked.
    (2) A person who violates this rule is responsible for a civil infraction.


    http://www.michigan.gov/documents/UTC_50201_7.pdf

    That's the state law.

    The Code allows municipalities to adopt the UTC by reference.

    The City of Roseville Vehicle and Traffic Code adopts the UTC by reference in Section 340-31:

    The Michigan Vehicle Code, 1949 PA 300, MCL §§ 257.1 through 257.923, and the Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL §§ 24.201 through 24.328, and made effective October 30, 2002, and all future amendments and revisions to the Motor Vehicle Code or the Uniform Traffic Code when they are promulgated and effective in this state are incorporated and adopted by reference.

    City of Roseville, MI: Adoption of state regulations by reference.

    That's what makes it a violation in Roseville to leave one's car running unattended with the keys in the ignition, even on the owner's own property.

    Agree there.
     
  13. mightymoose

    mightymoose Well-Known Member

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    None of those match the ordinance on the citation (99006). Something is still off. That number is way off for it to be a simple typo.
    At least you found the state one though.
    car running ticket_1483726433389_52716158_ver1.0_640_480.jpg
     
  14. leslie82

    leslie82 Well-Known Member

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    In local news where I live, a woman was letting her car warm up and she got attacked by a couple of teens who then took it.

    I absolutely don't trust anyone where I live so I don't let my car sit there unattended to warm up. It's a 2013. I only need to let it sit for a minute or two. I put a blanket on my daughter. By the time I get a mile down the road, it's warmed up sufficiently and completely defrosted. Yeah sometimes it's hard to scrape ice off windshields but if you're doing it while your car is running it will defrost pretty quickly.

    If you have an older car then those you need to let idle. But from what I've read on newer cars it's actually bad on the engine to let them sit there and idle for like 20 minutes. I did try to lock it while it was running and I couldn't on my car.

    The fine is excessive. Yes. It's odd they would have such a law. But they do. There are a lot of odd laws in this country if you really check each state.

    Honestly I'll take a couple minutes of cold over someone stealing my car.
     

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