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:
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.
Which is why the court ruled sleeping itself can not be the basis of action by the police. Many cities now are backing off enforcement due to the ruling.
Fact is by California vehicle code does not specify an RV as an over-sized vehicle. If it were you'd be required to follow oversize vehicle procedures when traveling roads/highways. Cities can not trump the California vehicle code. Any officer will refer to the California vehicle code. City ordinances can not trump it.
Many also are completely unaware that your RV in California is also exempt from open container law. So long as the alcohol is not up front. Your RV is also by definition a 'home' and officers can not search it unless they either have your permission and/or a warrant.
And if you conceal carry while traveling in RV (firearm) you are protected from unlawful conceal carry of a firearm. Your RV is by law your home. A car is not.
This is from your friendly retired California cop.
