Davie says officers have legal right

to park patrol cars in driveways

 

Article Courtesy of Sun Sentinel

By Thomas Monnay
Published June 3, 2005

 

DAVIE Town codes do not prohibit police from parking marked cars in their own driveways, Town Council members say.

Miami Beach Police Officer Kevin Millan has been told by his Carlton Ranches Homeowners Association that he must park his patrol car in his garage or face fines and a costly court battle. The association claims police cars are considered commercial vehicles.

 

Council members, however, say the code only applies to vehicles advertising a business and those belonging to institutions such as social and religious organizations.

The council on Wednesday said it would adopt a resolution on June 15 to clarify the code and provide the homeowners association with a copy.

"Officer Millan and his family are being unfairly targeted," said Councilwoman Susan Starkey. "It's important for the association to understand what the law is. A public safety vehicle is not a commercial vehicle; they do not sell law enforcement services."

Millan, 34, a traffic homicide investigator, said he hoped the council's action would resolve the matter.

Association attorney Randall Roger said his client would soon decide how to proceed.

"He could park [the patrol car] in his three-car garage, and it would fit," said Roger. "The town appears to bend over backward to satisfy a special interest to the detriment of the many residents of the community without soliciting its opinion or concerns of its membership."

The association already has asked members, including Millan, to contribute $350 each for the possible lawsuit.

Roger said Millan and his wife, Regina, 28, an immigration attorney, were advised when they were buying in the community last year that they would not be able to keep the patrol car in their driveway.

Regina Millan, however, said she and her husband read the bylaws, which do not define police cars as commercial vehicles. She said they've offered to hide the car in their back yard, but the association would not compromise.

 
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