SoCal beach recommendation
We're thinking of driving from PHX to southern California for 3 days at Christmas. We've been to Chula Vista RV; we really enjoyed it and they have space available. Are there any other parks on the wa...
Forum Discussion
Rice wrote:udidwht wrote:
What makes the ordnance illegal is that it targets specific vehicles that are likely those likely to ovrrnight the 9th circuit ruling alluded to just that. Oversize/RVs are no different than any other vehicle except for size. Most cities already allow for parking up to 72-96hrs before having to be moved. Oversize vehicles should be no different.
You say the ordinance about parking oversized vehicles overnight is illegal--is that just your opinion or are there any court decisions?
The 9th Circuit held that the ordinance against using a vehicle as "living quarters" on city streets was unconstitutionally vague.
Contrary to your statement, the decision didn't have any allusion to certain vehicles that are likely to be used for overnighting. In fact, among the plaintiffs, two of them had cars (one was a small two-door), one had a van, and one had an RV; the court didn't distinguish among them at all based on the size of their vehicles.
The court held that the ordinance "provides inadequate notice of the unlawful conduct it proscribes, and opens the door to discriminatory enforcement against the homeless and the poor."
You can read the decision here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2014/06/19/11-56957.pdf
The problem with the ordinance was that the things that cops were using to support arrests (eating in your car, having a bunch of possessions in your car) are the same things that people who aren't using their cars for living quarters might do. So people couldn't be certain exactly what activity would violate the ordinance.
The ordinance against parking oversized vehicles overnight gets around the vagueness issue--there's no doubt exactly what activity is prohibited (all you need is a tape measure).
It might open the door to discriminatory enforcement against the homeless and the poor, but that's not because the ordinance is too vague, which was the basis for the 9th Circuit's decision.
It is illegal on the basis that it wouldn't be the first time a city has stepped beyond what is legal. Fact is an RV by California vehicle code definition is not 'Oversize'. A 50 ton crane would be but not an RV.
