NEW PHILADELPHIA (WJER) - New Philadelphia officials are scrambling to find an alternative to tire chalking as a way to monitor cars parked too long on the street.
Law Director Marvin Fete says the 6th US Circuit Court of Appeals in Cincinnati ruled the practice of chalking tires as a violation to citizens protection from unlawful search and seizure. Fete says that means they’ll have to figure out another way to tell how long someone has left their car parked.
“The court of appeals suggested taking a picture or marking around the vehicle, just as long as you’re not touching the vehicle. They ruled that touching a vehicle constituted a search because you were essentially entering the premises of somebody else’s private property,” he says.
Fete says while it may seem like a win for drivers, he says businesses and residents will be the ones to suffer if they can’t find an alternative way to enforce parking laws.
“In terms of issues, it’s going to cause the biggest problems I think for the downtown business communities that don’t want somebody parking in front of their business for four or five hours while they’re working someplace else,” he says. “That’s why we’re going to work real closely in conjunction with businesses and communities to find a solution to this.”
Fete says the ruling affects parking enforcement in Ohio, Kentucky, Michigan and Tennessee. He says it could still be overturned if it’s appealed to the Supreme Court.