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
udidwht wrote:
It is illegal on the basis that it wouldn't be the first time a city has stepped beyond what is legal.
But it's not illegal until a court says it's illegal. And the court has to have a basis for declaring something illegal. In the previous ordinance's case, it was because it was too vague to allow people to know with certainty how to comply with it, and it allowed cops to use their own judgment as to whether an activity violated it.
udidwht wrote:
Fact is an RV by California vehicle code definition is not 'Oversize'. A 50 ton crane would be but not an RV.
The problem with the previous ordinance was that it was a certain activity that was proscribed--using the vehicle as a living quarters--and two different people could be doing the exact same thing, like hauling around a bunch of possessions, and one would be violating the ordinance if he was using the vehicle with the possessions as a living quarters while the other wouldn't be violating the ordinance if he was just taking a bunch of stuff to Goodwill. That is the vagueness that didn't survive scrutiny.
The new ordinance has objective standards, and will therefore have a much better chance of surviving judicial scrutiny on the basis of vagueness.
