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Violation of my 4th Amendment rights?

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L

llnbak

Guest
This is my first post here so I hope I'm placing this in the correct forum. The local law enforcement in the village in which I live came to me with a copy of a village ordinance about "Inoperable vehicles" and served me notice that I had 7 days to comply with the ordinance.

The village defines an inoperable vehicle as such;

"Inoperable vehicle" shall mean any motor vehicle including parts thereof from which, for a period of at least 7 days, the engine, wheels, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under it's own power. Any motor vehicle not displaying valid registration plates or proper evidence of application therefor shall be an inoperable vehicle under this ordinance. Motor vehicles kept within a building when not in use and operable historic vehicles over 25 years of age are not inoperable vehicles under this ordinance.

I am a collector of certain model year Camaro Z-28's. I have no more garage space. When gas prices shot up so high I stopped driving my 1981 Z-28 and parked it in my drive. This vehicle is like new and looks sharp. It is mechanically sound and will start and run without problem. I did let the registration expire on the vehicle.

The ordinance stated that I had 7 days to request a hearing with the police board. I did so in writing the day after I was served with the notice to comply. I was granted a hearing and advised the police board that I would license the vehicle, but I would not be operating it and it would remain sitting in my drive on my property. I was informed that the vehicle had to be in a building if not being "used." I argued a few other points like covering the car with a cover, the expense of operating the vehicle, and my lack of sufficient storage. I was told that I had 30 days to remove the vehicle from my property whether or not the vehicle had current registration on it. In other words....Since I choose not to drive the vehicle and have no shelter to store the car the local law enforcement is going to remove it from my property.

Is that not the craziest village ordinance? The way I read it it does not even apply to my vehicle since I have purchased current registration plates for it. If the vehicle is mechanically sound and currently licensed can the local law enforcement enter upon my curtilage and seize that car?
 


S

sneakypeat

Guest
Sounds like the cops want your car. If it were me I would rent a storage unit to park the car in or go out and move the car every couple of days.
 

racer72

Senior Member
What does your issue have to do with the 4th Amendment? Automobile ownership in this country is a privilege, not a right. And you must comply with all federal, state and local laws in order to own said vehicle.
 
C

c_spen

Guest
inoperable

See www.prfamerica.org/ZoningGlossary.html

Also, you may be able to apply for a variance if your city allows for it. Or, you may be OK if the vehicle is stored out of sight of the public. Get them to give you a copy of the ordinance to work from.
 
C

curtisd

Guest
i had the same proplem in texas so i bought a car cover and put over it and that took care of it.
 

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