Municipal trial against city. Parking of "commercial vehicle"

[viper6383]

I am in Kansas.

In a nutshell, I needed some temporary storage until we get a new place to live. I studied our city code book in depth and there are also a couple other places in the city limits where there are semi trailers. So I spent the money to have 2 small ones brought over. Months later, the code lady says my trailers are "commercial" and must be moved. I insisted that per their own code book, commercial vehicles are ones "used to make money" in which mine are not.

For that matter, any vehicle or anything for that matter could be called "commercial" if it is used to make money. A Toyota Camry can be personal or commercial based on use.

In any case, I am just waiting for them to write a formal citation so I can request a trial. All while knowing that this small town judge WILL probably side with the city due to where his paycheck comes from.

I am looking for some advice in how to prepare and handle the trial as well as procedure to file an appeal to take the ruling to district court where I think it will be more fair.

Also open to comments about my situation. I am NOT in a "we care" neighborhood. I have a train track 50 ft from the house and grain bins about 100ft away. I am the only yard with irrigation and fescue.... IMO, the code "bitch" just needs something to do... I have told them I will be moving in 12mo and even offered to build a huge fence, paint them, etc. They just want it their way and I do not think it is fair when I do not think they are playing by their own code book...

 

[Rexlan]

It depends on what the zoning is , who owns the land they are parked on and what are the permitted uses. Just because you do not intend to make money with then does not make them non-commercial. That is only one element of establishing the class of the vehicle/trailer. Ask DMV how they are licensed and what constitutes a commercial vehicle .... probably weight and size and these will probably qualify.

Rather than start a fight you might consider moving them. It does not make sense that you would be willing to build a "huge fence, paint, etc.". Off-site storage would be cheaper.

More to the story probably. In my court you would lose this argument if parking of commercial vehicles is prohibited. Perhaps you need something to do and the code "bitch" is simply doing her job ??? The fact that you haven't been cited yet implies they are actually giving you a break .... so far.

In the alternate, get the ordinance changed.

 

[racer72]

For that matter, any vehicle or anything for that matter could be called "commercial" if it is used to make money.

I wonder how much money the owner of the trailers is making off them? Oops, does that make them a commercial vehicle? I would bet any judge would see it that way.

 

[FlyingRon]

Not sure about the zoning ordinance, but Kansas (for transportation statutes) defines commercial vehicle as : A vehicle that has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds; vehicle designed to transport 16 or more passengers, including the driver; a vehicle used in the transportation of hazardous materials in a quantity requiring placarding. It appears whether you intend to use it in furtherance of a business is irrelevant if it's large.

 

[viper6383]

The trailers are owned by me and sit on my property. I figured something could be found that would support their case but my issue is nearly ALL fullsize pickups, trailers, etc, exceed the 10,000lb weight rating. That is not much. Never the less, I am sure the judge will see it that way unless I can find other statues that do not support that.

Was this language found in the KDOT docs?

 

[viper6383]

I just read the USDOT standards, the commercial vehicle criteria ONLY applies when the vehicle is used for commerce or profit. Because these are individually owned, I do not think, be definition, my vehicles can be called "commercial". There are tons of people with box trucks, gooseneck trailers, etc that would not get this scrutiny and I feel I am being singled out by the city.

I can certainly see where they might want tags on the trailers to firm up personal use status but that is about it...

 

[Rexlan]

You can remove the running gear and set them on the ground ... then they are a conex container and no longer a trailer/vehicle. If the zoning allows it then you're good to go.

 

[viper6383]

I want to say a "storage unit" is also defined in the city code and there is a time limit on them or something.. In any case, I have tried to reason with the city and offered plenty of ideas. They just want to be a pain. I also just do not think my stuff fits the commercial criteria. I could take the wheels off but removing the axles is just a lot of work for something that I will move in a year. I am hoping to tie this up in litigation long enough for me to get out... I planned to ask for a continuance at the municipal level, then appeal to the district court, etc. I certainly need to get schooled on procedures though.

 

[viper6383]

I just spoke with USDOT and my trailers by their definitions do NOT fit the criteria as a commercial vehicle. As we discussed the matter, it seems the only word in the city ordinance that will be a problem is "designed for". I am sure that is the wording the city will key on. The problem I have with it is this would become a prejudice case by definition since ANY vehicle can be used for commercial and all full sized pickups ARE designed to do work so are "designed for" by their definition.

I will admit that I know I will lose the case but I would like to walk in with some valid points and reasons for appealing to district court.


Could anyone shed some light on court proceedings and how things will get filed? I am most curious about the appeals process. I realize you may not know the specific process in my area but I doubt there is too much difference state to state. Where to get forms, where to request appeal, how to ask for a continuance, etc.

 

[FlyingRon]

The trailers are owned by me and sit on my property. I figured something could be found that would support their case but my issue is nearly ALL fullsize pickups, trailers, etc, exceed the 10,000lb weight rating. That is not much. Never the less, I am sure the judge will see it that way unless I can find other statues that do not support that.

Was this language found in the KDOT docs?

It's in the state statutes. Full size pickups usually are capped at 10,000 GVWR. The statute says 10,001, so it excludes them. There's method to the madness (similar distinctions are made all over the place such as with the requirement to enter weight stations, etc.... all break at 5 Tons).

 

[viper6383]

I have 2 trucks here that both exceed the 10,001lb gvwr. I think the key here is "used for commerce" which would ultimately change things. I know my dad must run DOT stickies due to what his dually does.