![]() ![]() Section 4: General Subject: Parking on OPA Roads Msg# 1225600
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Parking on OPA Roads commentary by Joe Reynolds, OceanPinesForum.com The Ocean Pines Declarations of Restrictions (DRs) prohibit parking on roads in Ocean Pines. That particular DR is never enforced. While enforcement of a no-parking restriction by an HOA is problematic for many reasons, HOA DRs are not enforced by police but ultimately by the OPA Board of Directors. The OPA board cannot write "laws" enforceable by police. How would OPA even try to enforce DR no-parking rules? Virtually impossible as OPA can only go after lot owners, not random individuals who might park on the roads. All roads within the Ocean Pines subdivision are owned by OPA, with the exception of Manklin Creek Road, and a portion of Cathell Road - and perhaps one or two small areas with private roads in a section - like the gated community near the Yacht Club. However, it seems police agencies can now enforce any Worcester County and/or State parking laws on OPA-owned roadways. While the roads are still owned by OPA, OPA entered into an agreement years ago with Worcester County to make all OPA roads open to the general public in return for a share of State highway funds distributed to Worcester County. That agreement should enable police to write parking tickets for vehicles in violation of any parking laws. As an aside, as I recall, the agreement says either party may cancel it at any time for any reason. Recently, OPA said, "As for street parking, this is allowed per Maryland Transportation Code that allows vehicles to be parked parallel to the right hand curb or edge of roadway – we confirmed with the Police that 2 wheels need to touch the easement area." The above OPA statement may be incorrect with regard to mention of "easement" since the actual easement is outside the OPA road right-of-way, perhaps 10 feet or more from the edge of the pavement and includes a ditch in many cases. Parking laws currently applicable on Ocean Pines roads indeed looks to be established in Maryland Code, Transportation § 21-1004: "(a) Except as otherwise provided in this section, a vehicle that is stopped or parked on a two-way roadway shall be stopped or parked parallel to the right hand curb or edge of the roadway, with its right hand wheels within 12 inches of that curb or edge of the roadway." The above indicates a vehicle can be parked 100% on the paved macadam so long as there is at least 12 inches from the passenger wheels (right side of vehicle) to the edge of the macadam or curb. Short of some explicit, written legal finding from OPA police or Worcester County legal offices, it would appear vehicles may be legally parked on the paved area of any road in OPA so long as it conforms to Maryland Code § 21-1004, and is not restricted by "no parking" signs authorized by Worcester County or blocking traffic in some manner. Clear, concise clarification, based in references to actual laws, is needed with regard to parking regulations on Ocean Pines roads. |
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