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re: What's the legality of strip mall stores limiting parking in front of them?

Posted on 7/21/16 at 9:14 am to
Posted by Scooba
Member since Jun 2013
19999 posts
Posted on 7/21/16 at 9:14 am to
Try parking in some of the spots that don't belong to Juans on S Carrollton and let me know.
Posted by elprez00
Hammond, LA
Member since Sep 2011
30674 posts
Posted on 7/21/16 at 9:40 am to
Parking spaces are dictated by occupancy requirements. In other words, if X number of people can be on the building, you are required to have Y parking spaces.

The deal with north gate has always been shady as shite. I'd be interested to see if the parking for some of those stores includes spaces in the big lot.
Posted by BeachDude022
Premium Elite Platinum TD Member
Member since Dec 2006
36369 posts
Posted on 7/21/16 at 9:53 am to
quote:

And you still gave him money


Hell no
This post was edited on 7/21/16 at 9:54 am
Posted by Mr Fusion
The American Dream City
Member since Dec 2010
7462 posts
Posted on 7/21/16 at 10:14 am to
Somw of those signs or formal lease agreements may not be in conformance with a local zoning code. Depending on the site's use and the available parking lot spaces, there may not be sufficient parking to accommodate reserved spaces. Some zoning districts allow shared parking between suites in order to issue a CO certifying that the business is in compliance. So if a CO is issued under the presumption that common parking spots achieve the requirement, then restricted access would be in violation of the code, and a CO could be revoked.

This is very unlikely to happen, because Code Enforcement rarely puts that much effort into identifying and interpreting such violations, but if a tenant pisses someone off and gets reported, then a city could revoke the CO.
Posted by Wes Tweegan
Westwego, LA United States
Member since Oct 2015
69 posts
Posted on 7/21/16 at 11:01 am to
It's hard to be certain whether they can or can't have you towed. Here's my take after having actually managed several strip centers in my lengthy real estate career. Usually, a tenant and its customers have equal use of the common areas of the center, including access to parking. Sometimes (and this is fairly rare), a landlord may assign parking, and "reserve" parking for that tenant in front of tenant's leased space. If the landlord did grant reserved parking rights, and the spaces are marked accordingly, and the appropriate signage is posted citing the applicable parish ordinance about unauthorized vehicles, then, the tenant could rightfully have you towed. Usually, though, tenants don't have "towing rights". Their recourse is generally limited to complaining to the landlord, whose responsibility it is to enforce the parking regulations of the center. Having said all of that, if there are signs posted about "parking for x tenant's customers only", I'd park somewhere else. Why risk it?
Posted by SirSaintly
Uptown, New Orleans
Member since Feb 2013
3178 posts
Posted on 7/21/16 at 12:25 pm to
quote:

Never been yelled at by a business person, but I guarantee the one who does will never see a single penny from me, and never is a very long time. What he will get is my middle finger and exhaust fumes as well as a lot of people hearing about him negatively.


I was going into the PJ's at the end of Veterans by Comeaux furniture one day and I drove around twice. No parking spots open. Well right behind that PJ's is a small Vet clinic that wasn't open as it was Saturday at about 7:30 at night. Completely empty parking spaces. I pull in & park and not 30 secs later this old man opens the door screaming his head off saying that this was parking for his customers and he was gonna call the police etc. Grouchiest old motherfricker I've ever seen. Old guy must just hang out in there after hours to yell at people parking in front of his business
Posted by The Mick
Member since Oct 2010
44420 posts
Posted on 7/21/16 at 12:36 pm to
As part of your lease, you typically get "x" number of parking spaces. If a pain clinic or high volume biz moves in next door all spots would be full at all times therefore you have no customers. Also being able to park directly in front of the door is an incentive for customers to come.
Posted by JScoop8
Member since Oct 2014
1058 posts
Posted on 7/21/16 at 12:39 pm to
If the parking is on private property they can do whatever they want with it
Posted by baldona
Florida
Member since Feb 2016
22461 posts
Posted on 7/21/16 at 1:11 pm to
They do that because during certain hours certain businesses take up all the direct parking. Say during lunch time a restaurant will take up all the parking spots so the UPS store next door does not have any, therefore they put up signs so that the UPS store customers can park and go, while the restaurant customers have to park further away.

If you don't do this in many locations people won't go into the store because they don't want to walk a long ways or search for parking.
Posted by elprez00
Hammond, LA
Member since Sep 2011
30674 posts
Posted on 7/21/16 at 1:16 pm to
quote:

Somw of those signs or formal lease agreements may not be in conformance with a local zoning code. Depending on the site's use and the available parking lot spaces, there may not be sufficient parking to accommodate reserved spaces. Some zoning districts allow shared parking between suites in order to issue a CO certifying that the business is in compliance. So if a CO is issued under the presumption that common parking spots achieve the requirement, then restricted access would be in violation of the code, and a CO could be revoked.

This is correct.

And to those saying "private property " that is very incorrect. If a building is a commercial establishment, then they are required to comply with fire and occupancy codes. So if a restaurant borders a communal parking lot, and the restaurant is counting spaces in the communal lot towards the required numbers for their occupancy, then the owner of the lot cannot restrict parking and violate code.
Posted by hoginthesw
DFW
Member since Sep 2009
5329 posts
Posted on 7/21/16 at 1:20 pm to
There are no legalities. It's private property and designated parking for tenants is 100% up to the owner of the property.

The odds of you getting towed are very slim, though. The tenant would need to call the Landlord, LL calls the towing company, and they are not very responsive usually as the number of tow companies that work in these situations is actually limited.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92893 posts
Posted on 7/21/16 at 1:22 pm to
In most places a store is required to have a certain amount of spots by the city so I believe they can reserve that many for their customers.
Posted by Wes Tweegan
Westwego, LA United States
Member since Oct 2015
69 posts
Posted on 7/21/16 at 5:39 pm to
That's not how it works. The centerhas to have a certain number of parking spots based on the center's square feet. It is not necessary for each individual tenant to have "reserved" parking for his customers based on his specific square feet.
Posted by Dac311
Baton Rouge
Member since Dec 2011
253 posts
Posted on 7/21/16 at 9:11 pm to
No, no matter what anyone says it is not legal. In order to enforce towing you have minimum requirements on what must be posted and how often it must be posted based on the size of your lot. It must state, at minimum, that towing is enforced, the address, name and telephone number of the towing company and the minimum fee charged for towing. At least in BR, and most places have something similar in effect.
Posted by bee Rye
New orleans
Member since Jan 2006
34189 posts
Posted on 7/21/16 at 9:19 pm to
quote:

I was going into the PJ's at the end of Veterans by Comeaux furniture one day and I drove around twice. No parking spots open. Well right behind that PJ's is a small Vet clinic that wasn't open as it was Saturday at about 7:30 at night. Completely empty parking spaces. I pull in & park and not 30 secs later this old man opens the door screaming his head off saying that this was parking for his customers and he was gonna call the police etc. Grouchiest old motherfricker I've ever seen. Old guy must just hang out in there after hours to yell at people parking in front of his business
why didn't you just park at the bank?
Posted by crazycubes
Member since Jan 2016
5256 posts
Posted on 7/21/16 at 9:21 pm to
quote:

Private property right? Assuming each store is "allotted" a certain number of parking spaces per the lease, pretty sure they can do whatever they want in terms of towing.
Posted by Dac311
Baton Rouge
Member since Dec 2011
253 posts
Posted on 7/21/16 at 9:26 pm to
I don't really understand what that last post with the quote means. This is from a lawyer, and these laws are specific to at least BR, but most places have laws that are very similar.

In response to requests for information about what is an illegal tow, please note these examples:
The towing law requires that, before vehicles are towed without the owner’s consent, the property owner must post signs that specifically warn that “unauthorized vehicles” may be towed. Riverside’s standard signs do not warn that “unauthorized vehicles” might be towed. If the signs do not comply, the tow is illegal and also a violation of criminal law.
The towing law requires that, before authorizing the tow of as vehicle from its property without the owner’s consent, a property owner must post specific signs that display the towing company’s name printed in 2” inch letters. Riverside’s signs did not comply. They have fixed the size of the type on some signs with overlays, but of the retrofitted signs I have seen, none of them meet the requirements of the law, even after the changes.
The statute requires signs or markings for specific parking areas that may be subject to towing. Riverside has violated this law.
The towing law requires that the mandated signs be clearly visible at all entrances and exits. Riverside rarely, if ever, posts signs visible from exits.
The towing law requires that the towing company operator ensure that all of the signage requirements of the towing statute are complied with before towing any vehicle. Riverside Towing has not complied with this provision.
The towing law requires a written contract between the property owner and towing company stating the rules for parking and the reasons for towing. Riverside’s standard contract does not even mention any reasons for towing. I have never seen a Riverside contract that, in my opinion, complies with the statute.
The towing law requires that the contract between the property owner and the towing company be signed by both parties. I have seen contracts that were not signed by Riverside, but which had a "signature stamp” instead.
The tow ticket must identify the property owner, state certain times such as the time of dispatch and drop off, and the name of the driver, and other information. I have reviewed many Riverside Tow tickets. I have never seen one that contained the information required by law.
The law requires that the tow truck drivers wear uniforms with their names on them.
The law also provides: “Any tow truck operator who fails to comply with the provisions of this Section, who fails to provide a billing invoice which contains the information required by this Section to the redeemer of the motor vehicle, or who tows a vehicle in violation of this Section shall be in violation of the provisions of R.S. 14:68.4 and shall be subject to any applicable penalty prescribed by law, including but not limited to the revocation of the towing license. Lack of knowledge of the conduct of a tow truck company employee shall not be a defense for the tow truck company owner.”
Posted by Dac311
Baton Rouge
Member since Dec 2011
253 posts
Posted on 7/21/16 at 9:31 pm to
So, for the most part no. A simple sign or warning from the owner of a property can do nothing but get you a ticket for leaving the property.
Posted by Swoopin
Member since Jun 2011
22041 posts
Posted on 7/21/16 at 9:56 pm to
Let me guess was this across from the Ivy?
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