Monday, May 23, 2016

Bay Street Mall Illegally Issuing Parking Tickets Again

Public Parking Spaces Too Tempting:
Bay Street Mall Again Attempts to Seize 
Public Property

After being sanctioned in 2014 by the City of Emeryville for illegally issuing parking tickets to the general public for meter violations at parking meters on their property and also for charging vendors for use of City owned property, the owners of the Bay Street Mall, are illegally ticketing parked cars again, this time on publicly owned Bay Street the Tattler has learned.  Regardless that overnight parking is allowed on Emeryville's streets, vehicles parked between the hours of 10 PM and 8 AM, designated as non-metered parking times on Bay Street will receive warnings or actual tickets according to Bay Street Mall security officers.

Creeping Private Encroachment
on the Commons
We may not park on our own street
unless we're shopping
according to signs posted 
on
Bay Street.
The new owners of the mall, '5616 Bay Street Mall Investors LLC', a private real estate corporation bought the mall in 2014 from the previous owner, Washington DC based Madison Marquette Corporation.

An Emeryville police spokesperson was unsure whether the Emeryville Police Department receives a portion of these ill gotten proceeds but indicated any tickets issued for cars parked on Bay Street during those hours are not proper and that any subsequent fines incurred by the public should not be paid.  The Police Department will conduct an investigation into the bogus parking ticket allegations the spokesperson said.
Bay Street has an unusual condition as a result of a negotiation between the City and Bay Street Mall Investors wherein the corporation owns the sidewalks but the City owns the street, a condition that has proved tempting to the mall owner to encroach on the City's easement, the new parking tickets for overnight parking being just the latest iteration.  In another bold move, signs have been put up by the mall owner along Bay Street warning the motoring public that the parking spaces on the street are for "customers only"; a patent falsehood.

For cars parked during metered times that run out the meter, ticket proceeds are shared between Bay Street Mall Investors and the Emeryville Police Department as per an approved agreement made between City Hall and the mall owner.

Bay Street security officers refused to speculate how many tickets and warnings they have issued to (legally) parked cars on the street and the management at the Bay Street Mall didn't return calls for this story.

2 comments:

  1. This is insane. How are they writing tickets without the police department involved? Is it just a slip of paper that says you owe $25? Extortion is illegal. Tell the Emeryville PD to arrest them.

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    1. The police have been made aware of this problem. I expect at least one follow up story...

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