Montrealer found not guilty of parking in sectorized area

Montreal Municipal Court Judge Nicolas Rousseau recently ruled that a resident was not parked in a sectorized zone, even though her parking spot was located between signs indicating that the area was indeed reserved for residents.

That’s because the resident was parked in front of her own driveway. Notwithstanding the fact that I have seen many homeowners blocking their own driveway, it is still illegal in Montreal to do so as it is prohibited to park where the sidewalk is depressed.

But blocking a driveway is not why Villeray-Saint-Michel-Parc Extension resident Lorenia Belem Miranda Ledezma received a ticket. Her infraction was for parking in a sectorized zone, for which area residents need a sticker on their car.

The resident argued that she was not occupying a spot reserved for those with sectorization stickers, because she was parked in front of her home, and other area residents are not allowed to do so.

The judge found that the city’s rules only prohibit non-residents from parking in sectorized zones, which are in effect for particular hours of a day — some restrictions are during the day until 9 p.m., some begin in the afternoon.

The ruling says that a legal parking space is one where parking is authorized, and a driveway entrance is not considered to be a proper parking space. Blocking a driveway is generally illegal because it blocks a homeowner or renter from accessing or departing from their driveway.

(I have seen this rule and other regulations violated many times, particularly by out-of-towners during weddings near religious institutions, such as parking in bus zones and in sectorized areas, and even in people’s driveways.)

The judge explained that the purpose of the sectorized area rules is to endeavour to guarantee that residents of a street have a place to park. This is especially needed in areas around hospitals, and other much frequented spots.

But, ruled the judge, driveways themselves do not represent reserved parking spots, even between sectorized parking signs. Thus, the infraction was invalid. The judge added that while the resident could have potentially been ticketed for blocking her own driveway, that was not why she was given a ticket.