A common problem in large cities is unauthorized parking. There are more and more motorists every year, so there are not enough parking spaces. And this forces motorists to leave their vehicles in places prohibited by law. Such parking often damages the green spaces of the city. The lawn also belongs to them. The legislation provides parking ticket on the lawn and in the zone of other green spaces of the city.
Definition
A parking place is a specially equipped and designated area. If necessary, it is also equipped in a special way. Parking is part of the road. This is a zone adjacent to the roadway or curb, sidewalk, bridge, overpass. Or parking is part of the bridge or sub-trestle spaces, squares, as well as other objects of the road network, buildings, structures or buildings. This area is intended for organized parking of vehicles (free of charge or on a material basis). What does it depend on? The decision to charge a fee or its absence is made by the owner or owner of the road, structure, building or land.
Punishment for improper parking
According to the Code of Administrative Offenses, for improper parking namely, non-compliance with the requirements prescribed by road markings, prohibition signs parking or stopping of transport; punishment in the form of an administrative fine is provided. Depending on the region, its amount may vary. For example, in cities of federal significance (St. Petersburg and Moscow) fine maybe twice as much as in other settlements.
How to determine where the lawn is?
There is no definition of a lawn in the Code of Administrative Offenses and the rules of the road. They mention only the concept of the sidewalk. This thing is understandable for every person, however, we will consider what definition exists in the legislation. The sidewalk is a part of the road that adjoins the carriageway or is separated from it by a lawn. It is intended for pedestrian traffic. From the concept it follows that the lawn is the area located between the sidewalk and the road.
In the Great Soviet Encyclopedia, the lawn is described as a specific plot of land with grass cover, most of which is short and evenly trimmed. Some regulatory acts of the regions have their own definition. They said that a lawn is considered a piece of land with grass trimmed on it. Otherwise, the territory is not considered a lawn. There may be other plants on it. If there is no grass, then this section is not a lawn.
According to GOST 28329-89, the considered zone is a grass cover. It is created by sowing seeds of specially selected species. This site is considered a background for park facilities and landings. And also the lawn can be a separate element of the landscape composition.
Penalty for parking on the lawn
Neither the Rules of the road, nor the Code of Administrative Offenses provides for the concept of the site in question. And accordingly, there is no penalty for parking on the lawn. Therefore, a law prohibiting stopping on the lawn is adopted locally. Consequently, the size of the administrative fine for each region is different.
Punishment in St. Petersburg
In the city of federal significance St. Petersburg, a legislative act on administrative offenses was adopted. It does not allow lawn parking. Section nine of the Law provides for an administrative fine for citizens, the amount of which does not exceed five thousand rubles. For officials, this is not more than thirty thousand rubles. For legal, the fine does not exceed two hundred and fifty thousand rubles. 
The article states that the destruction and damage of green spaces without special permission entails the imposition of an administrative fine. An exception is vehicles intended for maintenance, repair or planting.
Punishment for parking on the lawn in Moscow
In Moscow, in order to protect green spaces, the City Code of Administrative Offenses was adopted. It indicates the amount of the fine that punishes such an act as parking on the lawn. Article CAO 12.19 does not regulate its size. Therefore, when determining the amount must be guided by the Administrative Code of the city of Moscow. For citizens, the minimum fine reaches one thousand rubles, and the maximum - five thousand. For legal entities, the minimum payment is thirty thousand rubles, and the maximum is one hundred thousand. For officials, the minimum fine is ten thousand rubles, and the maximum is fifty thousand.
Fine in other regions
For example, parking on lawns (the law of the city of Ryazan prohibits it) provides for a fine for citizens, the amount of which reaches from five hundred to one thousand rubles. For legal entities, the minimum amount claimed is five thousand rubles, and the maximum is twenty thousand. For officials, the minimum fine is one thousand rubles, and the maximum is five thousand.
In the city of Perm, for parking on the lawn, in accordance with the standards of improvement and the Rules of the road, the minimum fine for citizens is one thousand rubles, and the maximum is three thousand. For legal entities - from ten to fifty thousand rubles. In Belgorod, a fine is provided in the amount of two thousand five hundred to five thousand rubles.
In some regions, the action in general is not mentioned in the law. For example, liability for parking on a lawn in the city of Samara in the form of an administrative fine is not provided. It is enough to pay the damage caused by transport. This amount is from three hundred to five hundred rubles.
What is harmful parking on the lawn?
Parking on lawns entails damage to grass cover, spoils the appearance of the landscape. Also, this action pollutes the paved areas of the yard. This happens due to the buildup of dirt on the wheels of the car, which then falls off in layers on the asphalt and rammed by passing vehicles.
Where to complain?
Knowing that parking on the lawn is prohibited, car owners neglect this ban and put their vehicles wherever possible. Most often, plots located near multi-storey buildings are affected. It is worth noting that quite a lot of residents show their indignation. They are indignant and dissatisfied with such parking on the lawn. Where to complain about the unauthorized parking of vehicles, today not all citizens know. Indeed, in each region, different authorized bodies can be responsible for parking. These may include management organizations and district engineering services, special commissions involved in the prevention of illegal parking, and district ATC.
Before addressing a complaint somewhere, it is necessary to ask the car owner to present documents of title allowing him to stop on the lawn. If their car owner does not provide, then you can make a complaint.
Unlawful methods of dealing with violators
Due to the fact that in the yards there are no large areas provided for parking lots, car owners have to leave their vehicles on sidewalks, lawns, under prohibition signs, playgrounds, etc. Therefore, some residents of the yard are divided into violators and fighters with them.
Parking a car on a lawn can lead to unforeseen and unpleasant situations: for example, to threats, puncture of tires, assault, folding of side windows, etc. When using such illegal methods of dealing with violators, citizens also become such. For such actions, they may be held liable in accordance with the Criminal Code or the Code of Administrative Offenses. Parking on the lawn is, of course, illegal. But the fight against him should be carried out exclusively by legal methods: drawing up a complaint or talking with the violator.
Settlement of a dispute without appeal to authorized bodies with a complaint
Do not rush to complain. It is necessary to try to resolve the situation through a peaceful conversation with the offender. Their requirements must be argued. Try to explain to the violator that such an action as parking on the lawns, the law prohibits and provides for punishment. Perhaps the person will make concessions and will no longer put his transport in unauthorized places. If the car owner continues to park on the lawn, then you can resort to another option - drawing up a complaint.
What must be indicated in the complaint (statement of an administrative offense)
Dirty lawns or something reminiscent of them and the same adjacent asphalt are the main reasons for the many calls that provoke parking on the lawn. Where to complain about this issue and how to make a statement? To make a complaint, you can contact the authorized bodies that deal with applications for parking on lawns.
What needs to be indicated in the complaint?
- Surname, name and patronymic of the person who filed the complaint.
- Actual address of residence.
- It is necessary to summarize the essence of the problem.
- Indicate the surname, name and patronymic of the offender with the address of his residence. It is important to back up the complaint with evidence, which can be a photo and video recording.
An application can be made on behalf of one person or several citizens. In the second option, this will be a collective complaint.
An act of photofixing the fact of an administrative offense and photographs can be attached to the application. It is important that the photographs clearly show the number of the car parked on the lawn.
In response to the complaint, a message should be received stating the preparation of an administrative protocol in relation to the person indicated in the document or refusal (hence, the absence of an administrative penalty in the form of a fine). The authorized body must justify its refusal, referring to the norms and laws.
How to challenge a parking ticket
The fine for parking on the lawn, some drivers try to challenge and prove the legality of their actions by drawing up a complaint. They justify this by the lack of understanding of where the zone in question is located. They also indicate that the parking spot was on the lawn. They also note that the law does not have the concept of a lawn.
Sometimes the site in question is not properly designed. For example, there are no fences at all, and the lawn itself is covered with dust and is on the same level with the road. Therefore, in this situation, most drivers mistakenly believe that they park their car not on the lawn, but on the side of the road. Then they are surprised at the administrative fine for the violation. If such a fact has occurred, then it must be indicated in the complaint and in court. And as proof of your innocence, you can attach a photo of the car parking lot.
It should be noted that units of drivers win such cases.The main part of motorists, submitting a complaint, is engaged in a deliberately losing business.
Documents required to challenge the fine
To challenge the fine for parking on the lawn, you must provide the following papers.
- The complaint against the decision in the case of an administrative offense.
- A copy of the decision from two parties.
- If more than ten days have passed since the administrative fine was imposed, then a request for the restoration of the missed deadlines for appeal will be necessary.
- Additional materials that may serve as evidence of innocence.
When all the necessary documents have been prepared, they can be sent by Russian post, e-mail or delivered and transferred personally to the appropriate authority.
The term for consideration of a complaint begins from the moment it is received by the authorized body. It doesn’t matter when the application was sent regarding the cancellation of the fine, which led to unauthorized parking on the lawn. Administrative Code of the Russian Federation establishes a three-day deadline for consideration of complaints of administrative offenses.
