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Commercial Vehicle Persecution

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ashland1

Junior Member
What is the name of your state? Ohio

I have an ongoing battle with my local village officals about parking my commercial vehicle, Semi Tractor (NO trailer),on my own property. I have been parking here for the last 16 years and it has never been an issue, until recently.

A little background...Originally the property was zoned Business/Residential when purchased 16 years ago. Sometime within the last 5 years it was rezoned as Residential, without any notice given to myself or others. Picture a one square block area, three residential streets border it on the North, South and West sides, while the East side is an Ohio State Route. And directly in the center of this block runs an alley from East to West, from the State Route to the residential street. The property on the North side of the alley is now zoned Business and the property on the South side is now residential. My property borders that alley on the South side and the residential street to the West.

The village officials enacted a new ordinance that states; "No commercial vehicle may be parked upon or alongside of a residential street except for the purpose of making pickups or deliveries". My vehicle has never been parked on or alongside any residential street. It has always been parked behind my residence alongside the alley. And this alley is used by commercial vehicles daily for deliveries to the businesses that sit on the North side of the alley.

So the local police inform me that I can no longer park here because my property borders a residential street. We argued the verbiage of the ordinance until they finally gave in and agreed that I was right that an alley is not a residential street and that as long as I travelled from the State Route into the alley to my residence and returned back the same way there would be no violation. So I made improvements to property so that the vehicle could be turned around to comply with their order.

Now the police are knocking at the door once again stating that my vehicle is overweight to be traveling in that alley! They came by stating a new ordinance that had been adopted by the Ohio Basic Revised Code concerning commercial vehicles and that I could no longer park there. I told them to provide me proof, I wanted to see it in writing for myself. They did not. I researched the "NEW" ordinance and found that it was an excact copy of a law already on the books in the Ohio Revised Code, only change was it gave local law enforcement the right to enforce it instead of only county and state authorities.

You can only imagine the aggravation and humiliation this has put me through, having police officers knocking on my door several times a day whenever I am home. Police cruisers parked in front of my house all the while, then the phone calls from the neighbors and remarks made regarding it all! I am so sick of it.

My questions are these...How can they prevent me from parking on my OWN property? If I have been doing this for 16 years isn't this considered a "known practice" and shouldn't I be "grandfathered" from any such ordinance? My vehicle weighs less than any of the delivery vehicles using this same alley, why allow them and prevent me? And isn't this harassment on their part?

I really look forward to any advice or insight that you can provide me on this matter and "Thank You" in advance for taking the time to read this post!

ASHLAND

"If you got it, a truck brought it!", "Without trucks, AMERICA STOPS!"
 


seniorjudge

Senior Member
ashland1 said:
What is the name of your state? Ohio

I have an ongoing battle with my local village officals about parking my commercial vehicle, Semi Tractor (NO trailer),on my own property. I have been parking here for the last 16 years and it has never been an issue, until recently.

A little background...Originally the property was zoned Business/Residential when purchased 16 years ago. Sometime within the last 5 years it was rezoned as Residential, without any notice given to myself or others. Picture a one square block area, three residential streets border it on the North, South and West sides, while the East side is an Ohio State Route. And directly in the center of this block runs an alley from East to West, from the State Route to the residential street. The property on the North side of the alley is now zoned Business and the property on the South side is now residential. My property borders that alley on the South side and the residential street to the West.

The village officials enacted a new ordinance that states; "No commercial vehicle may be parked upon or alongside of a residential street except for the purpose of making pickups or deliveries". My vehicle has never been parked on or alongside any residential street. It has always been parked behind my residence alongside the alley. And this alley is used by commercial vehicles daily for deliveries to the businesses that sit on the North side of the alley.

So the local police inform me that I can no longer park here because my property borders a residential street. We argued the verbiage of the ordinance until they finally gave in and agreed that I was right that an alley is not a residential street and that as long as I travelled from the State Route into the alley to my residence and returned back the same way there would be no violation. So I made improvements to property so that the vehicle could be turned around to comply with their order.

Now the police are knocking at the door once again stating that my vehicle is overweight to be traveling in that alley! They came by stating a new ordinance that had been adopted by the Ohio Basic Revised Code concerning commercial vehicles and that I could no longer park there. I told them to provide me proof, I wanted to see it in writing for myself. They did not. I researched the "NEW" ordinance and found that it was an excact copy of a law already on the books in the Ohio Revised Code, only change was it gave local law enforcement the right to enforce it instead of only county and state authorities.

You can only imagine the aggravation and humiliation this has put me through, having police officers knocking on my door several times a day whenever I am home. Police cruisers parked in front of my house all the while, then the phone calls from the neighbors and remarks made regarding it all! I am so sick of it.

My questions are these...How can they prevent me from parking on my OWN property? If I have been doing this for 16 years isn't this considered a "known practice" and shouldn't I be "grandfathered" from any such ordinance? My vehicle weighs less than any of the delivery vehicles using this same alley, why allow them and prevent me? And isn't this harassment on their part?

I really look forward to any advice or insight that you can provide me on this matter and "Thank You" in advance for taking the time to read this post!

ASHLAND

"If you got it, a truck brought it!", "Without trucks, AMERICA STOPS!"
Q: My questions are these...How can they prevent me from parking on my OWN property?

A: The law.


Q: If I have been doing this for 16 years isn't this considered a "known practice" and shouldn't I be "grandfathered" from any such ordinance?

A: No.


Q: My vehicle weighs less than any of the delivery vehicles using this same alley, why allow them and prevent me?

A: The law.


Q: And isn't this harassment on their part?

A: No, enforcing the law is not considered harassment.
 

ashland1

Junior Member
Follow Up

I am sorry that I didn't make myself clear enough in my previous post.

The Village and the police backed down when it was clear that the verbiage in the local ordinance wasn't clear enough to apply to me.

And to date there aren't any written state or local laws preventing me from parking on my property. The Village Solicitor continues to seach for any and/or laws to prevent me from doing such. And so far he has fallen short every time.

I stated that the police came knocking on the door again yesterday. They were sent by the Village Solicitor to inform me of a so called "NEW" law. After looking up the new law, it in no way applies to this case.

So now, all of these visits have been nothing but harassment.

I told the Officer yesterday to issue me a citation so that we could end all of this. He wouldn't because he stated "in his opinion" that law doesn't apply to this case.

Thanks!
 
C

CALIF-PROLAW30

Guest
ashland1 said:
I am sorry that I didn't make myself clear enough in my previous post.

The Village and the police backed down when it was clear that the verbiage in the local ordinance wasn't clear enough to apply to me.

And to date there aren't any written state or local laws preventing me from parking on my property. The Village Solicitor continues to seach for any and/or laws to prevent me from doing such. And so far he has fallen short every time.

I stated that the police came knocking on the door again yesterday. They were sent by the Village Solicitor to inform me of a so called "NEW" law. After looking up the new law, it in no way applies to this case.

So now, all of these visits have been nothing but harassment.

I told the Officer yesterday to issue me a citation so that we could end all of this. He wouldn't because he stated "in his opinion" that law doesn't apply to this case.

Thanks!

My response:

Okay, then since you wrote BOTH of these posts TODAY, but you "told the Officer yesterday to issue me a citation so that we could end all of this. He wouldn't because he stated "in his opinion" that law doesn't apply to this case", then why did you write to this forum?

Why are you busting our chops with this? If a cop came to your door YESTERDAY and told you this, why didn't you put this in your original post? You just like to write, don't you.

Look, laws are in a CONSTANT change and flux. There may come a day when a new law or ordinance actually DOES cover your situation. Then what are you going to do?

IAAL
 

ashland1

Junior Member
Follow Up

I appreciate your comments and thoughts.

I do realize that LAWS do constantly change but until there is one which applies to my situation then I should not be harassed like I am.

My entire point is that I am being harassed. There aren't any applicable laws that I have broken, yet they continue to tell me that I am in violation. Of what?

Thanks!
 

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