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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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