Need some help re: City Ordinances

[juha_teuvonnen]

1. Buy an old beat up truck camper for a couple of hundred bucks.
2. Load it onto the bed of the deuce.
3. Title the deuce as a motorhome.
4. Park the deuce in the driveway.
5. Profit!

Bonus points if you point the truck camper camouflage.

 

[OL AG '89]

Vendetta,
I'll keep it for ya. I'm in Houston area, but wouldn't mind having a duece at the property!!!

 

[Chief_919]

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

Here is the path I would take given this-

Flood them with compliance.

Get the rated load capacity of all modern pickups.

Take photos of every single truck over the limit you see, and file a complaint on every single one.

Flood the office with complaints.

They will either have to change the rules, or will have to piss off hundreds of voters in town, who will then raise enough **** that the rules get changed.

 

[dittle]

Mine got kicked out of town for an ordance of almost the exact same wording. Basically it was to keep guys from parking their semi's in town and making the town "look bad".

 

[92RT-TT]

Good luck getting this taken care of. We used to have issues when I lived in IGH Mn but now that I've got 4 acres in WI we dont have any issues with having a few cars sitting around and a travel trailer and an enclosed car trailer on our property.

 

[Clay James]

1. Buy an old beat up truck camper for a couple of hundred bucks.
2. Load it onto the bed of the deuce.
3. Title the deuce as a motorhome.
4. Park the deuce in the driveway.
5. Profit!

Bonus points if you point the truck camper camouflage.

Or put the cargo cover on and call it a removable roof I may try this in CA to avoid the CDL crap.

 

[wilco]

Move to the country!

I have always plated mine as an antique vehicle and have gotten no complaints or problems

 

[dittle]

I have always plated mine as an antique vehicle and have gotten no complaints or problems

I tried that arguement with the city and they told me it didn't matter. I'm betting my jerk of a neighbor called me in on my deuce.

 

[kubota_247]

If it was me, and I know you ain't me, I would tell the dear officer there is a law that quarantees me the right to face my accuser. At first he will try to say he is the accuser, but he isn't. He cannot act on his own. He has to act on a complaint from a citizen and it has to be a valid complaint. This will usually prompt him to have a friendly talk with the neighbor. At least that's how it worked when I lived in TX some years ago. Good luck.

 

[stumps]

The answer is super simple: Take a copy of the ordinance and hi-lite the words "property", and "public right-of-way" as they appear in the ordinance. Bring it in to the inspector that wrote the citation, and have him explain to you the difference between "property" and "public right-of-way". If he tells you that the "public right-of-way" is also property (it isn't), ask him to prove it. Then tell him you plan to park your truck on the public right-of-way, and see what he says.

If there is another law that covers trucks parked on the "public right-of-way" (aka street), and he knows about it, he will tell you.

-Chuck

 

[pvtjorge]

You could probably get the accusers name thru freedom of information act.

 

[velociT]

You could probably get the accusers name thru freedom of information act.

My crystal ball already knows who the accuser voted for last election.


The whiny spoiled kid 'I don't like it so no one should have it' mentality is spreading.

 

[stumps]

The problem with the Freedom of Information Act is: 1) it takes a very long time, and 2) the agency can redact any information that they feel may compromise their mission... things like the names of accusers.

-Chuck

 

[bratpackdad]

The Freedom of Information Act does not apply to states. In Texas you would need to apply under the Texas Public Information Act.

"Texas Government Code, Chapter 552, gives citizens the right to access records at various levels of Texas government, without having to declare your purpose in doing so."

However, I still say get the specs and photos of your house (driveway) and deuce then go to the station to meet with the Watch Commander. Again, if you don't get results contact your city council member. That's why cities have them. Just for this purpose.

 

[ptg530C]

As I have stated in the past, most city ordinances are not CODIFIED LAW. They do not state what penalty will be incurred by the person enforceing it if they are proven wrong in court. As an example, the ordinance states..."notice on my truck saying that the vehicle was going to be inpounded and destroyed" I see nothing in this ordinance that specifies what will happen if it is improperly enforced. I would speak with the watch commander with a hidden tape recorder, (it is legal to tape a cosversation as long as one party allows it) and I would explain to him that you nare willing to dispute these claims in court and that if you are successful, you will file civil suits against every individual involved. Municipalities are generally exempt from lawsuits believe it or not, but individuals are not. These people cannot use the excuse that they were only"carrying out enforcing the law". To do so will jepordize their retirement packages if you are awarded damages.

 

[wjruth]

I would speak with the watch commander with a hidden tape recorder, (it is legal to tape a cosversation as long as one party allows it)

Not legal in my state - both parties must be made aware of the recording.

 

[stumps]

Before taking a recorder into such a situation, I suggest that you get familiar with your state's laws. In Maryland, both parties must give their permission to be recorded, or you will come up against the state's wiretap law. Monica Lewinsky's former friend Linda R. Tripp was indicted in Maryland for recording a series of telephone conversations with Lewinsky, in which she was a part.... the very tapes that got Clinton impeached.... Each such charge carries a 5 year prison term, and $10,000 fine. Maryland dropped the charges only because they made the state look stupid (the state is stupid!).

Bluster can work sometimes, but usually it works better in the other direction: Official uses bluster against citizen.... as this particular example of the misapplication of a City Ordinance shows. It is hard to use bluster against City officials because they are subject to it all the time, and become desensitized to its affects, and because they have the City's entire legal team to back them up.

Show the guy that you understand the ordinance, and that it clearly doesn't apply when you park your truck on the street. He will most probably agree with you and drop his pursuit of "justice".

-Chuck

 

[USAFSS-ColdWarrior]

APPLICABLE TEXAS EXPERIENCE here....

While AKICITA in post #4 and Darwin T in post #5 of this Thread have hit on some valid TEXAS applicable points, here is what I found in my checking with City Police and Code Enforcement, City Attorney's Office and the TxDMV Office in Austin, TX:

1. Did you or a previous owner have to pass and obtain an EUC to acquire your MV? - OR - Do MV's of the SAME DESIGN/SPECIFICTAION currently require an EUC to be approved for civilian ownership of such MV?

IF the answer to either question above is YES, then you DO NOT OWN A VEHICLE in the State Of Texas - - What you own is a TACTICAL WEAPON OF WAR that just happens to be able to be registered and driven on the Public Hichways in the State Of Texas.
THAT is your first line of defense against Code Enforcement. (It just looks, smells, tastes, and drives like a vehicle.)

To further validate that defense....
2. Is your MV registered in the State Of Texas as a FORMER MILITARY VEHICLE?

IF this answer is YES, then you have a secondary defense in that the State Of Texas acknowledges through the Texas Department of Motor Vehicles (TxDMV) that you own a piece of Military History that must be maintained and operated for preservation purposes and just happens to allowed to be operated on public rights-of-way for the purposes of display or maintanence (Commercial use is STRICTLY prohibitted as a TxFMV).

THEREBY, it IS NOT a MOTOR VEHICLE, but an HISTORIC ARTIFACT (aka: Lawn Art or Memorabillia) just like any OLD sword, gun, uniform, headgear, patch, canteen, etc.

The TxFMV Registration Rules also states that REGARDLESS OF SIZE OR WEIGHT and WITHOUT INSPECTION or the display of metal license plates or annual registration sticker (nor inspection sticker) your vehicle is similar to a Model T or other antique car registered with TxDMV for Historic Preservation Purposes. TxAntique and TxFMV registration is specifically for non-daily drivers and basically allows you to move your old vehicle around under its own power without having to haul it with another vehicle as you would an antique dresser or vase or grandfather clock or old coin collection - They simply acknowledge that YOUR Antique has wheels and a motor. It's that elementary.

In a pure legal review, you need only ask that the letter of the law, IN THE CONTEXT OF THE SUPPORTING BRIEFS THAT LEAD TO THE PASSAGE OF THE LAW be taken into consideration prior to any decisiion or judgement. With this, the spirit of the TxDMV's DEFINITIONS become indisputable.

Essentially, these two points, make Texas one of the most FMV friendly states in the Uniion. By STATE definitition and paperwork issued by The Great State Of TEXAS, you have bonafide DEFENSE against almost every local Code or Ordinance which attempts to define your Historic Military Artifact as a Motor Vehicle (private or commercial) of ANY SIZE OR WEIGHT.

(DISCLAIMER: I am NOT a Lawyer, nor Legal Professional, but quote for you here guidance based upon my personal experiences under the direction of such professionals.)

 

[JasonS]

These threads come up every week. Guys, your neighbors are entirely within their rights to expect that the law is upheld. Childish retribution will only get you in further trouble, make you look like an idiot, and hurt your cause. Focus on changing the ordnance (or your preferred interpretation).