Human ingenuity, new technologies, and the attempts of municipal authorities to keep the streets usable by all citizens are clashing in San Francisco, thanks to parking apps such as Monkey Parking, which are available through Apple Inc.’s (NASDAQ:AAPL) online Store. These apps enable people to auction off public parking spaces by connecting “buyers” and “sellers” through their mobile devices.
In a typical scenario, a person with their car parked in a desirable location where no other spaces are open advertises their parking space for “sale” through Monkey Parking or another app. The “seller” offers the space for rent and other users can bid against each other to obtain it. According to some reports, prices of up to $20 are obtained for choice spaces in crowded areas of the teeming California city.
The seller then remains in the space until the bidder arrives, thus “reserving” it for them. The bidder hands over the cash, and the seller drives off, leaving the space for the new occupant to enjoy. This arrangement, however, runs afoul of local law regarding the use of public property.
A municipal law in San Francisco specifically forbids private individuals from auctioning public property such as parking spaces along city-maintained streets. Private parking, such as a driveway or privately owned parking lot, is of course exempt from this regulation. Violation carries a $300 fine as penalty, and adds an extra $2,500 for each offense to enablers. Monkey Parking would count as an enabler and thus be subject to full penalty, while individual users would be subject to the smaller $300 fine.
The City of San Francisco has issued a cease and desist order against Monkey Parking, including a demand that Apple Inc. (AAPL) eliminate the app from its online Store. Thus far, there has been no response from the Cupertino enterprise, which could also theoretically be liable for the $2,500 per violation penalty noted above. Apple’s own legality guidelines would also appear to call for its removal.
The app is still currently available for free on iTunes. Listing its author as Paolo Dobrowolny, the app shows a cheerful, mild-mannered looking monkey with a neat suit and tie on its icon. The app works with iOS 6.0 or higher, and is optimized for the iPhone 5. Advertising itself as “the first app which lets you make money every time that you are about to leave your on-street parking spot,” the app has thus far remained active despite the municipality’s threats, perhaps partly because its parent company is in Rome, Italy, and is therefore probably immune from any fine levied by an American city on the far side of a major ocean.
