Navigating the Rules Governing Street Parking on Residential Lots in Georgia

Georgia Law Concerning Parking Regulations

In the state of Georgia, parking regulations and enforcement are organized at the local government level. This means that while the state has general guidelines and best practices in place for parking and related offenses, individual cities and counties are charged with creating and enforcing their own policies and ordinances. Because of the lack of standardization, parking laws and regulations can vary significantly from one county or municipality to another throughout Georgia. What parking issues or concerns might require a visit from the police department in DeKalb County, for example, may be handled solely by code enforcement or the neighborhood crime watch in Fulton County.
For residents and visitors alike, this means it pays to know and understand the parking rules and land use ordinances that apply to residential street parking in your particular community. Otherwise, you could find yourself on the receiving end of a parking ticket for your car being slightly obstructive to the sidewalk when a neighbor parks in front of your house at an inconvenient time.
There are many factors that can influence how parking is regulated in your community. For example , if there are schools nearby, parking restrictions could be more stringent. The same goes for communities that have a high concentration of restaurants and nightclubs, or areas that see a lot of foot and vehicular traffic. Ultimately, you could be earning a costly parking ticket without even realizing it if you don’t understand the rules and regulations in your community.
Every Georgia resident should be fully aware of the land use and parking ordinances in effect in their specific municipalities and counties, especially those who live in areas with a lot of potential for transient traffic—such as near shopping centers, theaters, medical centers and other suburban commercial establishments. Even if you are only going to be parking on residential streets temporarily, you should still be aware of and follow local parking regulations to avoid receiving an unexpected parking ticket that could end in aggravation and hefty fines.

The Effect of Local Laws

Local ordinances can vary widely across Georgia, having a profound effect on how residential street parking is handled in different cities and municipalities. For instance, while parking in a residential area may be completely legal by state law, individual cities may have their own nods to safety and convenience that effectively create no-parking zones for various reasons that must be taken into consideration.
For example, the City of Roswell, Georgia, imposes strict regulations on parking in many of its neighborhoods. Under City Code § 34-103(c), no person shall park or leave standing any vehicle, unless otherwise indicated by the department of transportation of the city, upon either side of any street or highway, or partly in or partly on an adjoining public alley or lane specified in that section. Failure to comply with this regulation is a violation of misdemeanor parking regulations. The presumption established in Georgia Code § 40-6-203(a) for a vehicle parked upon the public roadway of a municipality is for at least 72 consecutive hours; that is three full days without moving the vehicle in order to establish willful and intentional abandonment. But because no vehicle is to be left unattended upon a public right of way in Roswell, the periods for the presumption of abandonment are different than the general Georgia law that would apply if the vehicle were abandoned in an unincorporated part of the county where Roswell is located. So, not only is the regulation that prevents the parking in the area specific to Roswell, but the main code section, § 40-6-203, specifying the conditions for abandonment—upon which the enforcement is based—is different as well, and not the same as the general code sections that would apply throughout Georgia.
Commonly, municipalities impose regulations for parking and abandonment that create the need for vehicles to be moved every 24 hours—or once a day. Sometimes, those laws are internationally creating a need for the vehicle to be moved, but frequently, it is implied by the regulation that it must be moved out of respect for the neighbors in the area.
The need for care from Georgia motorists, and Georgia residents, has existed for many years. Even as early as 1975, the Georgia statutes included a provision that defined "abandoned motor vehicle" for the purpose of disposition. The statute, § 40-11-3, specifies that a car should be considered as abandoned when it is left unattended on a roadway for longer than 45 minutes. Thus, for the purposes of not parking your vehicle longer than necessary at a particular location, the time period of no more than 45 minutes was created at that point. In 1977, the same time period of no more than 45 minutes for a vehicle to be left unattended on the roadway for no more than 45 minutes that § 40-11-3 provided for designation as abandoned was amended out of the code. As a result, there were no more than 45 minutes per the Georgia state statute on the issue for the ability to define a vehicle as abandoned, and thus, nothing in the Georgia statutes to indicate a particular period of time before the state would declare a vehicle as abandoned. In 2010, Georgia Code § 40-11-1 was amended to specifically provide that a motor vehicle parked upon the roadways was deemed abandoned if it was parked for longer than five (5) days. The problem, however, is that there are many different locations, from private roadways to public roadways, from cities to counties, from municipalities to unincorporated areas. As a result, many different codes will apply to the issue of whether or not a vehicle is even legally parked—resulting in possible ticketing, damaging the vehicle in the process, or even the removal of the vehicle for parking in the wrong space.
This issue emphasizes the need to check local code, city, and county ordinances for specific issues related to abandonment, encumbrance, and problems related to vehicle removal.

Parking Areas and Signs

Commonly enforced street parking restrictions include limited time parking, no-parking zones, and permit parking. Without proper signage, any authorized restrictions are totally unenforceable. Signage must conform to the Manual on Uniform Traffic Control Devices (MUTCD) established by GDOT. This publication and handbook system is prepared and maintained by the Federal Highway Administration with participation from involved state agencies and other professional organizations. Street signs are part of a large system of communication. The message of any system requires that standardized signs are used when enforcement is to be expected. Where the signs don’t conform with MUTCD, officers have little justification to stop a car. Unauthorized restrictions may be completely unenforceable and subject to challenge in court. No Parking zones are usually employed where traffic flow is critical, such as on busy roads and intersections. They can also be used to preserve fire lanes, provide for bus turn areas, or increase parking at sports events. Usually they are implemented where off-street parking is available. Section 32-6-50 (a) (3), O.C.G.A. authorizes municipalities to designate No-Parking zones. A No Parking zone is almost always established where an ordinance or resolution is first adopted and posted in the area. The American Association of State Highways and Transportation Officials recommends that signs be installed at the intersection of the street on which the restriction is being imposed. The sign must be placed at the right of the corner of the street intersection and facing traffic entering the street. In addition to posting at intersections, additional signs should be placed every 100 feet on the same side of the street. (See, Georgia Uniform Rules of the Road, 32-6-220 et seq., Ga. Code Ann. § 40-6-200, GDOT Rules and Regulations for Uniform Traffic Control Devices, 672-1-1, et seq., and the Official Georgia Driver’s Manual, 2002-2003).

Parking is Regulated by Permit on a Residential Lot

Permit parking is a residential parking permit that allows only residents with a permit to park on the public street where they live. Parking permits are normally issued through the Department of Transportation, Division of Traffic Engineering. The rules for obtainment and use of a parking permit vary from municipality to municipality.
There is no official parking permit system that covers any portion of the State of Georgia. Each municipality has the ability to create its own rules. For example, in Atlanta, there are limited spaces of permit parking, and the spaces cannot be expanded into non-permit areas. In other words, the City of Atlanta does not have the ability to expand the number of spaces available in existing permit-only neighborhood parking zones, and does not, as a matter of policy, create new permit-only parking zones. In addition, no person shall be issued a permit without first confirming that the permit space in which he or she proposes to park is not subject to any other ordinance which prohibits parking at any given time of day. Further, the Department of Public Safety shall revoke any permit found to be misused with the intent to fraudulently obtain metered parking on public streets. If a vehicle without a permit is parked in a permit parking only zone, a parking control officer will affix a permit parking citation on the vehicle. The owner of the vehicle is responsible for paying any penalties incurred. All permit fees are collected at the original point of purchase of the permit. Misuse of a permit parking is a violation of the City Code, punishable by a $25.00 penalty. The City of Brookhaven does not offer residential permit parking. If the City of Brookhaven were to establish permit parking in certain neighborhoods, it would be the responsibility of the residents to develop a petition signed by at least 75% of the residents on the street in question.
Approval of parking permits is generally through the Commissioner of Public Safety, and once approved, the permit remains valid until cancelled or revoked or replaced with another permit upon payment of the applicable fee. To obtain a parking permit, tenants and homeowners in cities such as Marietta must apply and pay a one-time fee of $5.00. Permits are household specific, not vehicle specific, meaning that a resident may register multiple vehicles to use the same permit. In addition, parking violators must re-apply for a new permit upon expiration, and can only receive one permit every six months. The Town of Tyrone requires parking permits to be placed on the lower left corner of the windshield. Permits remain the property of, and are subject to recall or revocation at any time by, the City of Tyrone. Permits are valid only for the date or dates specified on the permit. Failure to display a current window permit on the windshield of the vehicle with the permit number and designation facing outward is a violation of the Town Ordinance. Violations of the Town Ordinance will result in a violation fee of $25.00.
Individuals interested in acquiring a permit should apply to the City or Town where they reside, as soon as possible.
If you have questions about whether you have a valid and active street parking permit on file, contact the city or town hall in your area for detailed information. Also, if you believe that your permit has been improperly revoked, you should immediately contact the Department of Public Safety as soon as possible as well.

Parking Violations Will Have Consequences

Violating the parking laws applicable to residential neighborhoods in Georgia may not seem like much, but the penalties can be severe. Common penalties for parking violations include fines and towing. In some cases, the police officer may issue a ticket and impose a fine on the driver for violating a residential parking law. Fines for residential street parking violations vary depending on the local law but usually amount to $25 to $100. First-time offenders usually receive their tickets when the cars are still parked on the street. When the driver does not pay the fine by the deadline , officers return and issue a parking citation. Vehicles parked in violation of residential parking laws may be towed and impounded after the driver receives an official notice of the offense. The penalty for failure to move a vehicle in violation of a residential parking law is the cost of towing and storage fees. In addition to civil penalties, violating residential street parking laws can affect the insurance rates of drivers. Auto insurance companies may consider a ticket for violating parking laws as a negative factor and increase the driver’s premiums or deny coverage entirely. Residential street parking laws carry significant penalties, so it is essential for motorists to familiarize themselves with the laws applicable in their communities.

Steps to Solve Parking Disputes

Keeping an open mind and allowing for communication are keys to resolving parking disputes in an amicable manner. It’s important to talk through the situation and understand both parties’ perspectives. Open communication is the first step to friendly neighborhood relations, even when parking issues arise. If the dispute continues, it may be necessary to get a local police or sheriff’s deputy to mediate the conversation, but many times police officers will not be willing to pursue the matter any further than that. However, the police department should be willing to sign and issue a citation if a serious infraction occurs such as a car blocking someone’s driveway. Should you need to go this route, document the circumstances of the parking infraction as thoroughly as possible and be sure to request the parking violator’s personal identification.
If, after some open communication with the opposing neighbor, the problem is still not resolved or repeated violations continue to occur, legal action may be the only remaining option. Written communication is an important first step in this process and it is recommended that you and your attorney contact the parking violator formally in writing and obtaining a written response. A letter demanding to cease and desist any additional parking infractions may be appropriate. With any luck, after a clear demand to cease any future parking issues is made and a formal complaint is communicated, the matter will be resolved without the need for a lawsuit or further legal action. However, if the violator ignores your correspondence, you may want to encourage your attorney to proceed with small claims court. In Georgia, small claims courts will resolve landlord-tenant disagreements, but they also have the ability to resolve small disputes typically up to $10,000. If necessary, an attorney can help you calculate how much smaller your claims and demands should be in order to keep the dispute in the small claims court arena.

Upcoming Changes for Georgia Parking Regulations

Future changes in Georgia parking laws will likely continue to be the result of evolving technologies, smart city planning, and innovative thoughts on addressing urban congestion. With the rise of the gig economy, more people are relying on their cars to carry out day-to-day tasks such as shopping, commuting, and working. As more people in Georgia rely on cars and other modes of transportation, we may see a greater emphasis on the planning and supply of vehicle parking in our cities and suburbs.
While parking in commercial areas of cities involves a public investment in infrastructure, parking for residential areas is typically a private property matter. As garages and driveways have become a standard fixture in residential construction , most Georgians with cars have access to off-street parking on their own property. In neighborhoods where homes do not feature garage parking, off-street parking is usually available through private subdivision roads, or homeowners in single-family units often park on the street.
For example, historic buildings in older neighborhoods often do not have garages and, as a result, parking frequently occurs on the street. This residential street parking has been the norm for generations. However, these residences are now competing with new apartments, townhomes, and condominiums that include garage parking or planned parking lots. As urban and suburban development pushes forward, it will be interesting to see how parking laws attempt to keep pace with new development.