ASK A BACKWOODS SOUTHERN LAWYER
The Lone Ranger and Tonto were riding through a mountain pass and realized there were Indians on a cliff to their left, to their right, in the pass behind
them, and directly in their path. The Lone Ranger turned to Tonto and said “Tonto, we’re surrounded by Indians. What are we going to do?” Tonto looked
at the Lone Ranger and said “What do you mean we, white man?”
The question this month highlights a problem that has probably existed since automobiles arrived on Tybee. “Tourists treat my yard and
driveway as their own personal free parking lot while they visit the beach. What can I legally do to them and their vehicles?”
I hate to be the one to break the news, but if you research it thoroughly you will probably find that you don’t actually own a good portion of the land you
maintain. It is legally the City of Tybee’s right-of-way. Basically the City owns the property within 20 feet of the edge of roadway on each side of the public
street. For instance, in my particular case, the City right-of-way line comes within 4 feet of our front door and 20 feet from the back corner of our house.
I would also tell the City that they need to start cutting the grass more regularly on their property. That, of course, will not work.
We too have the problem of tourists and day trippers using our yard for parking, but frankly the biggest problem we have is with workers who
understandably want to park as close to their job site as possible.
I have actually sent a proposed ordinance to the City attorney that basically explicitly gives property owners the right to control access and use of the
property surrounding their residence that may legally be owned by the City but is maintained by the property owner. I understand from Bubba (sorry for
the informality, but he and I have been friends for well over 20 years) that it is at least being discussed.
You are not, however, without recourse. Tybee requires that any vehicle parked on public property must display a valid parking sticker or a paid parking
receipt. It is a situation we all face routinely that would be the exception rather than the rule.
Parking services, understandably, is reluctant to ticket vehicles parked in someone’s yard because they have no way of knowing if it belongs to the
owner, a family member, or a friend. However, if you call them and tell them it is none of the above and the person is simply parked illegally, they will
theoretically write them a ticket. If they are physically blocking your drive-way or other access to your property, they could have them towed. I would
highly recommend you leave that decision up to parking services or otherwise you may end up in a confrontation with a 22 year old weightlifter who has
been drinking beer on the beach all day.
Tourists and day trippers are literally the lifeblood of this island. We all get frustrated with the crowds and the traffic, but look around and think for a
moment. We have basically 3,000 permanent residents and that would never support the myriad of bars, restaurants, and retail establishments that
make Tybee, Tybee. Those are simply inconveniences we all have to endure in order to have the conveniences that we all enjoy. Be part of the “we” and
not the lone ranger.
Please keep the questions coming and remember that a $3.00 cab ride ($5.00 if you tip and you certainly should) is the cheapest non-DUI you’ll ever get.
32 TYBEE BEACHCOMBER | JUNE 2019
By Franklin Edenfield