Motorhome Magazine Open Roads Forum: Public Lands, Boondocking and Dry Camping: Overnight parking
Open Roads Forum Already a member? Login here.   If not, Register Today!  |  Help

Newest  |  Active  |  Popular  |  RVing FAQ Forum Rules  |  Forum Help and Support  |  Contact

Search:   Advanced Search

Search only in Public Lands, Boondocking and ...


Reply to Topic  |  Subscribe  |  Print Topic  |  Post New Topic  | 
Page of 3  
Prev  |  Next
Bobbo

Memphis, TN

Senior Member

Joined: 09/16/2007

View Profile

Offline
Posted: 08/03/08 09:10pm Link  |  Quote  |  Print  |  Notify Moderator

I stand by my original post:
Bobbo wrote:

I'm not a lawyer, don't play one on TV, nor did I stay in a Holiday Inn Express last night, but I think some good old common sense is in order here.

There are 2 types of parking lots, public and private. Public are the ones owned by the city/county/state/US. Private are lots owned by individuals or corporations. And no, a major store's parking lot is NOT a public lot, it is a private lot.

For the public lots, you are a member of the public so you have SOME rights, but still have to follow any rules the government set in place.

For the private lots, including Walmart, remember they are like your driveway at home, privately owned. Would you want someone to pull into your driveway and boondock overnight without asking? Anything out of the ordinary course of events for the store needs to be cleared with management on the front end.

However, as beemerphile1 pointed out (paraphrased), "It ain't illegal if you don't get caught!"
beemerphile1 wrote:

Pull in late, pull out early and no problems are likely.



Bobbo, Linda and the furry kid (German Shepherd)
'07 Winnebago Outlook 31C on a Ford E450 Super Duty Chassis
NRA Life Member
Near N35 12 17 W89 50 57


JJBIRISH

Butler, PA, USA

Senior Member

Joined: 10/06/2002

View Profile


Posted: 08/03/08 10:42pm Link  |  Quote  |  Print  |  Notify Moderator

as I understand this

in the case of parking lots, private roads, and driveways, open to the public, as in licensed vehicular traffic, any and all traffic laws apply and are enforceable...

also any laws pertaining to the entire community apply with or with-out signage... in most communities parking lots open to the public, on privately held land, have agreed during the planning and permitting stages of building and obtaining permits, to have turning over enforcement and application of local ordinance to the said lots... if a company refuses to do this it may find getting beyond the planning stages difficult...

police have the right to enter any private property to enforce state and local laws

each year when the local community reorganizes they readopt these rules and reappoint these authorities... this creates uniformity through out the community... lack of signage may be a defensible argument but not a guarantee...

question is, many of these laws say no over parking... many of them lack a definition of what overnight is...

permission to spend the night, will not alter a community law prohibiting it...

things may vary some from state to state...


Love my mass produced, entry level, built by Lazy American Workers, Hornet


Dick A

Spokane

Moderator

Joined: 12/15/2002

View Profile

Online
Posted: 08/03/08 10:47pm Link  |  Quote  |  Print  |  Notify Moderator

Moved from General RV'ing forum.

JJBIRISH

Butler, PA, USA

Senior Member

Joined: 10/06/2002

View Profile


Posted: 08/03/08 11:14pm Link  |  Quote  |  Print  |  Notify Moderator

wa8yxm wrote:

And finally in several cities and a couple of states our forum sponsors, in concert with others, have lobbied the government to pass laws NO OVERNIGHT PARKING, type laws. In these cases.. There should be signs.




if memory serves me, and that is questionable at times, you have made this assertion before...

perhaps you can provide a link to some information regarding this...

I think I remember where a private CG/CG's that may have also been a Good Sam affiliate park may have done this, but that is not the accusation being made here...

Bumpyroad

Virginia

Senior Member

Joined: 12/01/2005

View Profile

Offline
Posted: 08/04/08 04:36am Link  |  Quote  |  Print  |  Notify Moderator

wa8yxm wrote:

snip

And finally in several cities and a couple of states our forum sponsors, in concert with others, have lobbied the government to pass laws NO OVERNIGHT PARKING, type laws. In these cases.. There should be signs. .


please provide links. thanks.
bumpy





whimstock

North Texas

Senior Member

Joined: 08/09/2004

View Profile


Posted: 08/04/08 06:58am Link  |  Quote  |  Print  |  Notify Moderator

I'd be interested in that link, as well, and also the one mentioned so often about RV parks and campgrounds lobbying in the same way.



countryside2007

utah

Senior Member

Joined: 07/17/2007

View Profile

Offline
Posted: 08/04/08 09:53am Link  |  Quote  |  Print  |  Notify Moderator

I would guess that all high traffic tourist areas have these laws of no overnight, not due to the campgrounds but due to the fact it could turn into a real zoo if they weren't in place, Think Yellowstone and there millions of visitors how many would choose a free parking lot versus a campground.


Him and Me
06 Dodge drw
06 Crossroads Zinger (searching for our dream fw)


spkncarl

Southwest Desert

Senior Member

Joined: 01/04/2007

View Profile


Posted: 08/04/08 08:01pm Link  |  Quote  |  Print  |  Notify Moderator

whimstock wrote:

Nicely explained, Bobbo.

I could use an example of a "public" parking lot where parking would be allowed. All the ones I can think of are private property of some kind, or government controlled. I really don't think overnight parking would be tolerated, say, at the Post Office.


The Post Office that I know of, rents from a private party of who I know. So those can be off limits. Yeah I'd like to hear of public parking lots...
anyone know???

I believe the City Parks have signs that say "no overnite parking"...





WTTCS

freedom , U.S.A.

Senior Member

Joined: 07/28/2003

View Profile


Posted: 08/05/08 10:28am Link  |  Quote  |  Print  |  Notify Moderator

Take a look at the following cases:

ARVC V STATE OF ILLINOIS
ARVC V STATE OF NEVARDA
CARVC V STATE OF CALIF
ARVC v city of Laughlin Nev

These are but a few of the court cases filed, and heard ,by the ARVC which affinity group is a supporting member of, along with KOA,(which owns ARVC entirely) RVIA and various other mfgrs, and groups of rving.

There are many other cases involving the ARVC and affilated clubs, such as Texas rv park owners assoc and each state has a chapter, all supporting, and backing up ARVC.

In the case of the ARVC c State of Nevada, it is a good reading exercise and shows just what politicans think. Courxe they denied the request. Same in Illinois. 90% IMO of all city ordinances against overnight parking was started by ARVC. Do you not remember KOA v Billing Mt city council? If not, look it up.,\\

We have spent many a nights parking overnight at Post Offices, Police stations and Fire Departments, with permission of course and several times with them furnishing a elec cord for hook up. All you have to do is politely ask. I would not try it in NEW YORK CITY though.


1997 chev crew cab 454, 5 sp. 4.10
2000 Fleetwood Caribou 11.5


Gale Hawkins

Murray, KY

Senior Member

Joined: 07/22/2007

View Profile

Offline
Posted: 08/05/08 12:34pm Link  |  Quote  |  Print  |  Notify Moderator

Good post WTTCS. We have found small businesses very open to overnight parking request. Often where you will park is kind of on the back or side of the business and you being there decreases the odds that someone will be messing around their business parking lot. I agree this works better in smaller towns. Not sure I would want to overnight anywhere downtown in a major city.

Reply to Topic  |  Subscribe  |  Print Topic  |  Post New Topic  | 
Page of 3  
Prev  |  Next



Search:   Advanced Search

Search only in Public Lands, Boondocking and ...


New posts No new posts
Closed, new posts Closed, no new posts
Moved, new posts Moved, no new posts

Adjust text size:

© 2008 Motorhome Magazine | Terms & Conditions | PRIVACY POLICY | YOUR PRIVACY RIGHTS