Need some help re: City Ordinances

[Vendetta]

I am in need of some help reguarding city ordinances. Basically a code compliance officer had come by and placed an orange sticker on my Deuce saying that it would be towed because it was a commercial/ inoperable vehicle. He left me his card so I called him about the sticker. While talking to him I told him that not even a week before the police had come by and left a similar sticker on it (but to be fair it was probably because I had left it parked in the street for the better part of the day while I was out) but it is not a commercial vehicle and I had moved the truck back in the driveway thinking that would solve the problem. He called me back saying he had closed out the complaint because he could show that since the vehicle was moved it was clearly an operable vehicle.

About 2 weeks had gone by and I got the same sticker. I moved the trucks position and called the officer. He came out and again verified that the vehicle had been moved. He again apologized for the inconvenience and said he would close the complaint.

When I got home from work last week there was an notice on my truck saying that the vehicle was going to be inpounded and destroyed. I called him and offered to give him a ride in it to prove it was operational. He came by, witnessed me move the vehicle out of the drive and back, he is a very nice guy and and again apologized for the inconvenience. After talking and shooting the bull for a while he said he was going to close the complaint and note that he saw me move the truck himself. He realized that it isn't a daily driver but said if I moved the truck every couple of weeks it should suffice and keep
whoever was generating the complaints at bay.

Ok, so a week went by... maybe less? He called me and said that he had put some paperwork on my Deuce. Basically he said that whoever this was generating the complaint would not quit. They had found an ordinance which may apply to me because of the loosly used term "truck". (see below)
SEC. 28-81. PARKING OF VEHICLES WITH CAPACITY OF MORE THAN ONE AND ONE-HALF TONS IN CERTAIN DISTRICTS.

(a) A person commits an offense if he stops, parks, or stands a truck-tractor, road tractor, semitrailer, bus, trailer, or truck with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon property within a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading or unloading passengers, freight, or merchandise.
(b) A person commits an offense if he stops, parks, or stands a motor home, house trailer, or recreational vehicle with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon any public right-of-way abutting a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading or unloading passengers or property.
(c) In this section, RESIDENTIAL AREA means any block face containing a single family, duplex, or multi-family dwelling. (Ord. Nos. 14584; 19455; 20269)


So, with all of that being said has anyone else ran in to this problem with a Deuce parked on your own property in your own driveway? I like to think I can see both sides of an arguement so I'll say I can see how parking a Semi/trailer, or heavy equipt in your drive may look tacky but still... an RV? Why no RV even? It just seems absurd to me that the city would have so much say that they can tell you what type of vehicle you can drive or park on your own property within reason. Do I have any way to fight this? Does the Deuce really fall into this classification? Is there any recourse or does the Deuce really need to find a new home?

Thanks to all for any help/input...

 

[bratpackdad]

This is very similar to ordinances out here. You cannot park a deuce on residential streets overnight etc. etc. and Junkers can't be parked in the driveway or front yard etc etc.

I would go to the station and sit down with the watch commander. Bring pics of the deuce and specs. According to your post the deuce is in violation while parked on the street. However, if it's parked in your drive-way and operable it is not in violation.

If you don't make any progress with the watch commander go to the city council member for your area. You would be surprised how much juice they have. I speak from experience.

 

[wreckerman893]

There have been several members that have fought city hall and won and there are some guys that have fought Home Owners Associations and city hall and lost.

It really depends on how much time and money you want to put into the fight.

There is some chicken chit near you that doesn't like your truck and he has found a way to cause you grief. All without having to face you like a man. My bet would be some environmental wacko that hates the military. I would post a sign to that effect on my lawn.

You can always bob it and it will fall below the rating in the law...again time and money on your part. I would do it just to piss the A-hole off. You can see that the law was written to exempt big dually pickups. A bobber with a 3/4 ton bed and single wheels would be smaller that some of the big crew cab Dodges and Chevys parked in suburban neighbor hoods.

If you have a friend outside the city limits that will let you store it at his place that may have to be your solution.

This is what we get when we let beaurecrats run our lives.

 

[Akicita]

Try this: There is no truck in your driveway. Your Deuce is a tactical vehicle. Tactical vehicles do not fall under the categories mentioned in that ordinance.

The sad thing is that the person who filed the complaints will be all too happy when he's stuck in the snow with his 4-wheeler and you offer to pull him out with your "truck".

 

[Darwin T]

i see you are in Texas. here where i am i had a ace from the city put one of those stickers on my M109a3. when i called him he said 1. it had to be running, check. 2. insurance, check. 3. state inspection, check. then he said i was not zoned commericial, another check. however in Texas a vehical with a gross weight less than 26,500 is not classified as comericial unless it is used for such perposes (15,940 plus 10,000 = 25,940). mine is for private use only, and is regisitered as such. he then said i had to trim the hedges on the corner of my lot, and sent someone with a chainsaw the next week who did it for me. a win win for me. another person in my town has a 5 ton with a gross weight over 26,500 just lost a fight with city hall. as for the neighbor hood "a holes" sorry home owners ass. i don't have one of them just a neighbor hood watch that is the ones that turned me in. now that i have 2 trucks i change them out every week or two. whoever i live i a hurricane zone and use my m109a3 for evac. i hope some of this will help. stop by and visit you mayor who gets paid with you tax money and talk to him before it gets to lawyers and your money. your money would be better spent on your MV (notice i did not say "truck".

another idea, Texas has the castle doctrin where you can defend your home (castle) with deadly force. add an M66 mount and a browning 50 cal and call it a security system.

 

[KsM715]

Find the BIGGEST UGLIEST OD scrap you can find. (not a vehicle) put it in your yard and find a small pocket in it and plant a flower in it. Find the cowardly neighbor and ask them if they prefer that or the truck?

 

[Bob H]

More info needed

is
"SEC. 28-81. PARKING OF VEHICLES WITH CAPACITY OF MORE THAN ONE AND ONE-HALF TONS IN CERTAIN DISTRICTS."
is this a subsection of a commercial vehicle ordinance? if it is then it wouldn't apply.

secondly 3500 series pick ups have a cargo capacity greater than 1 1/2 ton.
some 2500 series pickups also have a higher capcity than 3,000 lbs

 

[FireFighterHill]

Dont most duallys have a haul capacity in excess of 3,000 pounds?

 

[KsM715]

More info needed

is
"SEC. 28-81. PARKING OF VEHICLES WITH CAPACITY OF MORE THAN ONE AND ONE-HALF TONS IN CERTAIN DISTRICTS."
is this a subsection of a commercial vehicle ordinance? if it is then it wouldn't apply.

secondly 3500 series pick ups have a cargo capacity greater than 1 1/2 ton.
some 2500 series pickups also have a higher capcity than 3,000 lbs

Good thinking on the sub-section part.

 

[stumps]

My F250 3/4 ton PU truck has a carrying capacity of 3500 lbs. Last I checked, that was above 1-1/2 T...

Pay particular attention to the terms property, and right-of-way:

SEC. 28-81. PARKING OF VEHICLES WITH CAPACITY OF MORE THAN ONE AND ONE-HALF TONS IN CERTAIN DISTRICTS.

(a) A person commits an offense if he stops, parks, or stands a truck-tractor, road tractor, semitrailer, bus, trailer, or truck with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon property within a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading or unloading passengers, freight, or merchandise.
(b) A person commits an offense if he stops, parks, or stands a motor home, house trailer, or recreational vehicle with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification, upon any public right-of-way abutting a residential area. This subsection shall not apply to the parking or standing of a vehicle for the purpose of expeditiously loading or unloading passengers or property.
(c) In this section, RESIDENTIAL AREA means any block face containing a single family, duplex, or multi-family dwelling. (Ord. Nos. 14584; 19455; 20269)

Subsection (a) only applies to: truck-tractor, road tractor, semitrailer, bus, trailer, or truck...
Subsection (b) only applies to: motor home, house trailer, or recreational vehicle...

Subsection (a) only applies to parking on property
Subsection (b) only applies to parking on public right-of-way

Property is your, or someone else's, lot (eg. yard, driveway, garage...).

So, your answer is to park your deuce on the street, and your RV in your driveway.

-Chuck

 

[steelandcanvas]

The sad thing is that the person who filed the complaints will be all too happy when he's stuck in the snow with his 4-wheeler and you offer to pull him out with your "truck".

I don't think it snows enough in Dallas to stick a 4-wheeler.

 

[lonegunman]

I'd agree with the above post and if you need to, call a lawyer and get the legal definition of "Property". I live across the street from a commerical truck driver and they ignore a similar law because he parks in the driveway.

Nevermind there is a commerical tractor sitting in the front yard of a house.


You have a neighbor who hates you by the way, that is why these complaints keep coming. Which one of your lovely neighbors is standing in the street or asking questions the most often?

 

[WillWagner]

That's pretty good Stumps! You MUST be a lawyer! I wonder if that would work? After all, that is exactly what it says.

 

[KsM715]

I would say with the post by Stumps thats exactly what I would do. Take a copy of this thread to a lawyer, have him/her type up a letter stating just that by the way the ordinance reads your not in violation. Might cost you a couple hundred bucks but it should end your headache.

 

[stumps]

According to Black's Law Dictionary: Property is... that which belongs exclusively to one.

The definition gets much deeper (public property, private property, etc...), but that is the second sentence in a very long definition.

The authors of the bill had a distinct reason for using both right-of-way, and property in the ordinance. If they meant the same thing, they would have just said property in both places, and sewed up the whole issue really tight.... but they didn't.

I would guess that they wanted to keep the big trucks out of the front yards, and the RV's from parking on the neighborhood streets. (Remember, many RV owners are nomads, and would just love to park on the street in some safe ritzy neighborhood and live there. How would that make you feel to have some gypsy pull up and live in front of your house?)

And no, I am not a lawyer, so if you want a proper legal opinion, you should consult one. However, unless your lawyer is a schiester, he will tell you that what an ordinance means is what the judge, and or jury, says it means.

-Chuck

 

[panshark]

how about you get a piece of junk flatbed trailer (something that would haul a lawnmower) and monster-truck it with yer duece? therefore, you have a trailer under 1 1/2 ton capacity, that just so happens to have a 15000 lb truck parked on it.

 

[stumps]

how about you get a piece of junk flatbed trailer (something that would haul a lawnmower) and monster-truck it with yer duece? therefore, you have a trailer under 1 1/2 ton capacity, that just so happens to have a 15000 lb truck parked on it.

I have a feeling that would draw a DOT fine for operating a trailer overweight.

-Chuck

 

[salt6]

Get a maintenance tent, put it up in the driveway and park your duce in it.

 

[Vendetta]

So, your answer is to park your deuce on the street, and your RV in your driveway.

Ho-lee mess, I just about pee'd myself when I read this. You know, you're right though. The laws are writen in such general terms that they can "get you" on the loop holes. However in this case it looks as if the loop hole may cover the lil guy.

As far as law and section, sub-section, etc... this is where I looked up the law. Welcome to the City of Dallas, Texas - City Codes
It is under ch.28 MOTOR VEHICLES AND TRAFFIC and sec 81 falls under ARTICLE XI. STOPPING, STANDING, AND PARKING GENERALLY. It would be nice if there was a loophole of some sort so that I don't have to find a new home for my MV.

BTW - Thanks to all for the input and assistance.

 

[Albin]

Personally, I'd find out who is making the complaints, then do what your name suggests. Might not solve the problem but karma is a b****!

Good luck,

Al