Need Help Code Violation: Can't park my commercial vehicle at my own house?!

[brycesteiner]

Yeah, that'll really get ya in good with the law. Now, you're gonna steal pictures of kids [which probably won't be orphans at all] without their permission, falsely advertise and then advertise a fake business with a fake call in number. Yep, let him explain while you listen to it over cell block D radio system.

This thread just gets better and better. From punching the law out, to false advertising and still trying to stay 2 steps ahead of the law. Didn't Billy the Kid try this sorta stuff ??

Woe! you mis-represented everything I said. I said donate to an orphanage and help promote it. I work with an orphanage all the time and do this kind of thing. They get promotion and it helps you too!

 

[CSOCSO]

I bought a car cover. It's a little bit pain to put on or take off by myself since the dodge durango is pretty big and tall. The biggest problem is that in florida we have some crazy downpours... Not a deal breaker but now i gotta do this for YEARS. every day. multiple times And if I decide to go to the store or back to my shop i gotta take it off again. There is no way I will fold this thing up so many times a day :/

I do have a small carport but the hood and fenders stick out. So I was thinking about cutting up the full cover and make it a front bra just to cover the hood, fenders and maybe the front doors. Not the windshield nor the roof. Put banner hemming tape and gromets in the edges and using some suction cups just secure it to the windshield and the doors. Back in the car and cover the front of the car. So a lot less material to mess around and fold up everyday.

BY THE WAY!! Today I backed my car in. Covered it and while I did that my son got some chalks and started to draw stuff on the front driveway. 10 minutes later the local code enforcement officer drove around! I jumped up and signaled her to stop!
Spoke to her and explain the whole situation but it was no use to argue. There is no way you can make them understand any of my problems. The reason she got me because they got someone else who made a big deal out of it and now they are going around and finding all the people. Basically, someone did the same exact thing what some of you said to take pictures of other commercial trucks and complain about them. Well. here you go. Someone did it and now i gotta deal with it also.
She told me she has no problem with my car as long as it's covered up. Don't leave it overnight un covered-she said.
She wasn't nasty and I tried to be nice to her at the end in case she ever comes around and spots my car uncovered... Maybe if is see her next time I give her a donut

I asked her what can I do once i get a fine with a picture and the date on it that i parked my car uncovered and I wanna prove it that I didn't leave my car like that all night and actually I just got home that time from the store and I had to take everything inside and it was only uncovered for 5 minutes.
She couldn't answer it. She just said: well.. just cover it...

Unbelievable!

 

[equippaint]

Yes, Virginia there are rights. Perhaps you might familiarize yourself with them. Some local apparatus cannot willy-nilly enact any regulation that they might dream up. Legislation, at all levels of any apparatus, must conform to the constitution. Those making these regulations seldom seem to be aware of this document and the requirement that they cleave to it. If you let them get away with it, regardless of your sophomoric rationalizations, you lose much more than the immediate issue. You cede freedom.

If someone came to me and said they have a way to end all war, famine, pestilence, and all other unpleasantness that plagues the human race, and all that it would require would be for me to give up some obscure trivial right that I posses I'd tell them to go pound sand. Find another way.

Im sure the code enforcement guy didnt "willy nilly" make up the regulation when he saw this car. The law was there before he wrapped the car, probably before the house was even built. If you really want to get nit picky, he never had the right to park the car there to begin with since the law was in effect beforehand. You cant take something away that you never had in the first place

 

[bob]

Im sure the code enforcement guy didnt "willy nilly" make up the regulation when he saw this car. The law was there before he wrapped the car, probably before the house was even built. If you really want to get nit picky, he never had the right to park the car there to begin with since the law was in effect beforehand. You cant take something away that you never had in the first place

Are your really as stupid as you appear or is it some sort of act so that you can sneak on on people?

What possible relevance does when [assuming it's post 1787] or by whom a local edict is enacted have on the constitutionality of that edict? It's considerably less than comforting to know that specimens possessing the reading comprehension and depth of thought such as you demonstrate are voting in elections, driving on public roadways, and handling the vegetables at the local grocery. We're doomed.

 

[Johnny Best]

Well you took my advice in post #14 and got a cover. Now take the rest of it and strip off the wrap. Your stressing yourself on the cover, where and when code enforcement is driving by. You are like a drunk hiding a bottle in the bushes and sneaking out for a drink without anyone knowing.
Is it really that important to you. How much extra business does it bring in. The worry is not worth it.

Now bob has me even worried, I will be looking at the people handling the vegetables a little closer at the supermarket next time I go. We are all doomed. First it was Rocketman, now it's a gaudy wrap at some guy's house in Hollywood, Florida

 

[ddarlak]

I took a look at Hollywood FL code enforcement web page, it's crazy to me how much money that city pays for code enforcement. In NY we pay alot in property taxes, and yea we have code enforcement but nothing like you people that have low property taxes.

I guess you get what you don't pay for! Seems low property taxes have to be supplemented with a large government presence called CODE ENFORCEMENT....

I'll pay my high taxes and not have to worry about dikhead code enforcement guys trying to run my life....

like i said, ray donovan his a$$ or tuck your weaner between your legs and follow suit....

 

[euronymous]

there are people who, at some point in their lives, decided being a 'code enforcer' was what they were happy (enough) doing to earn their living.....

 

[Johnny Best]

there are people who, at some point in their lives, decided being a 'code enforcer' was what they were happy (enough) doing to earn their living.....

You can say that about any occupation, the happy part might be a stretch.

 

[Gino]

I'm sure glad we grow our own vegetables at home..... and we can 'em.

 

[Kentucky Wraps]

Commercial vehicle in Hollywood FL hits your vehicle twice.
§ 72.110 DEFINITIONS.
(e) Any vehicle which contains advertising markings or licensing information; and
(8) The total square footage of signs on the vehicles exceeds 25 square feet.

 

[CSOCSO]

remove the wrap? what did you smoke buddy?
I just saw a girl yesterday morning literally dropping her jaw and trying to take a pic of my car.
remove the wrap my ass
I just did a work for a mom at the same school because her kid saw my car last week.

 

[GAC05]

Worst case:
Park it on the grass - set it up on cinder blocks - raise the hood and stick a potted plant in there.
Tell them it is part of your Southern Heritage and they better not mess with you.

 

[HandsomeBob]

Buy a junker that is barely running and put 24 square feet of the most gaudy advertising on it and park it front of your house. The neighbor that squealed will squirm. Set up a security camera and see how long it takes for code enforcement to show. You might also catch the neighbor coming over to look.

 

[gnemmas]

Would 3 pieces of Magnetic to cover Doors and hood make it fall under the 24 square feet?

You can put Non-commercial messages on them, like: Per our all mighty City Enforcement gal...., or God is great, etc. while it is parked at your driveway.

A lot easier to handle than a car cover.

 

[TimToad]

What are commercial vehicles. The picture I saw looks like and SUV which is not a commercial vehicle. Commercial vehicles have commercial license plates and are trucks or vans larger.

I would challenge on the fact that you do not have a commercial vehicle.

You're kidding right?

The thing is a rolling billboard for a commercial business that is screaming "Look at me" in big, bold, bright colors.

I suppose this "commuter" vehicle is NOT being written off as a business expense? Cmon' guys. We're all on the same side here, but to make a claim that this isn't a "commercial" vehicle in any way is ridiculous.

I can understand making the equal enforcement argument if others are parking their commercial vehicles overnight, but to park the thing out on the edge of the driveway every night and pretend its just a way to get back and forth to the shop is disingenuous.

 

[TimToad]

And the Bay area in CA doesn't have so many laws, Bob? I'd be willing to wager you haven't looked to closely at your own codes to know what's really allowed. Backing into a parking space is not legal in many places - for those states that don't require front license plates it's to allow the rear plates to be read.. the reason being (or one, at least) to be able to track and locate stolen plates/cars. I'm tending to agree with FatCat... someone blew the whistle.

Its also to limit what is one of the most common vehicular accidents, people backing out of a driveway into the roadway. We've all seen the horrific news stories about a parent accidentally backing over their young child.

 

[SFS Production]

I just got a mail from my city ( Hollywood, FL -USA) that I need to remove the commercial vehicle from my property. My Property. Its a single family home. No Associations. It is not a community. It's a regular street. Not a high scale neighborhood where all we have is Bentleys and stuff. I moved here a couple years ago and there were actual commercial vans and pick up trucks parking on this street since day 1. I just got this suv wrapped up a couple months ago and now I got this mail. This is my daily car. I do not work out of it. It is not a work vehicle. I have my own shop. I do not go to customers houses and work there. The document states that I can only park in the residential area for a limited time while I work at my customer's house. Such a BS. I really tried to keep away from the typical commercial look and tried to do something more like a "custom" graphics.
As I said I have actual AC vans and utility trucks and pick up trucks parking on this street. I guess I gotta talk to those guys. Yes, my car is the craziest / loudest looking because it's more like a custom design but come on...
I would like to avoid using blank magnets to cover up whatever parts on my car. Or getting a car cover. Sometimes I come home and 5-10-15 minutes later might leave a house. So I gotta take the cover off and put it back on every 5 minutes if I gotta go somewhere? The document says they can fine me up to a $1000 every single day! This is ridiculous!
So I get out for 3 minutes and code enforcing person comes by just that time and my car is parking there, uncovered then that's it? i gotta pay a check? up to 1 grand? Every single time this happens???

Scwdurango

• CSOCSO
• Oct 22, 2017

My daily

Love you design. This is a hard situation. If you wrapped the car with the same design but without the words on it would they still have a problem with it?? If so do and underlay then its only visible at an angle.

 

[printhog]

well this thread has gone all over the place, but lets get to basics.. as sign people we need to understand how the 1st ammendment affects our work. If the agency (a government or government funded one) uses the CONTENT of the message to restrict the message, then they are violating free speech, even commercial free speech, which is protected.

Now if they should choose to outlaw all commercial vehicles in a neighborhood, or restrict their use and parking during some time period, based solely on DMV registration records/licensing categories, then that is fine, as it is not related to the art or message on the vehicle. But that code cannot use the VISUAL CONTENT of the graphics as the means to determine whether you can drive it there.

you need to get the agency to say IN WRITING, that they made the determination based on your wrap. Then hire an attorney (SignLawyer.com, lawyer, signlaw, lawyers, law, California, Electric, Sign , Association, Signs, Electrical, neon, sign, powerline, logo, sign users, members, Jeff, Aran, Sacramento) or get SGIA and OAAA to help you find counsel. There is already case law from SCOTUS on this from 2015 - Reed v Gilbert. it deals with signage and free speech. Using content as a test requires the code meet "strict scrutiny", a legal term meaning there is a compelling reason for govt to restrict your speech rights, and that there isnt any lesser means to deal with it. Any sign code that uses the CONTENT of a sign is most likely in fault and this has been well publicized in national magazines. The issue of graphics on vehicles is a point that sign law experts have discussed as the next likely SCOTUS case given Reed v Gilbert. Is the ford logo an ad for Ford, or the FEDEX logo an ad or just identification? and what of a political group's tour bus in front of the senator's house?

Municipal governments may not "restrict expression because of its message, its ideas, its subject matter, or its content" - Police Dept. of Chicago v. Mosley, 408 U.S. 92, 95 (1972).

I would make sure you DO NOT HAVE any codes covenants or restrictions (CCR's) on your property title. CCR's from property sales affect your rights. But in any case, making the distinction between commercial and not based solely on the graphics is not CONTENT NEUTRAL that Reed v Gilbert setup. SCOTUS- "restrictions in the Sign Code that apply to any given sign [depend] entirely on the communicative content of the sign".

Reed v. Town of Gilbert - Wikipedia

 

[letterman7]

But that code cannot use the VISUAL CONTENT of the graphics as the means to determine whether you can drive it there.

First, a commercial vehicle is not a sign, so your argument over 'free speech' based on the Reed vs Town is irrelevant. There are codes clearly on the books in his little neck of the woods that state a commercial vehicle cannot be parked overnight at a residence. Plus, as KW found:
§ 72.110 DEFINITIONS.
(e) Any vehicle which contains advertising markings or licensing information; and
(8) The total square footage of signs on the vehicles exceeds 25 square feet.

His wife's car, though wrapped with a solid color and may have his lettering on it, may not stand out as vividly as his commuter vehicle. And his business name may not exceed that magic 25 square feet.. though without a photo of said car, it's all conjecture. Bottom line - the OP will spend more fighting an ordinance on the books that he should have researched and known about than it would cost either parking the thing around the back of the house or at his shop where it belongs. Yes, the codes officer was a dbag by saying 'my town'.. but I know a lot of code officers like that. Either play nice or they'll start looking for other infractions. Park your car at your shop and find a beater to make the commute.

 

[bob]

First, a commercial vehicle is not a sign, so your argument over 'free speech' based on the Reed vs Town is irrelevant. There are codes clearly on the books in his little neck of the woods that state a commercial vehicle cannot be parked overnight at a residence. Plus, as KW found:
§ 72.110 DEFINITIONS.
(e) Any vehicle which contains advertising markings or licensing information; and
(8) The total square footage of signs on the vehicles exceeds 25 square feet...

Thank you Clarence Darrow. Are you unable to comprehend that the various codes you cite for this village are in direct conflict with the case law cited in the previous post, #78, by Printhog? Do you fail to understand the merely because the tribal elders in this rustic backwater make some rules does not mean that they are constitutional. Which clearly they are not? They are null and void.

Try to follow along, as hard for you as that might be. The rules you cite are based solely on content. This is precisely what they cannot be based on by order of the supreme law of the land as interpreted by the supreme authority on the supreme law of the land. If you cannot follow along here, engage the services of an elementary school child to explain to you the more difficult passages.