Just to be clear, here are some quotes from the paper:
Law enforcement officials say the camping ordinance likely didn't apply in McVay's case and shouldn't have been referenced as the reason for the complaint.
"I don't think that the camping ordinance was really applicable in this case," said Lt. Misty English. "I'm not sure if it was just a misunderstanding on the part of the CSO or if there was something else about this report that warranted telling him about that."
So the issue of sleeping in the camper on the street was a non-issue. I would not have known this had I not made the complaint to the paper and 'raised a stink' as someone here called it. Seems my doing so was the right thing to do after all. We don't live in a tyranny (though Uncle Sam has been moving more in that direction for the last few decades) and we citizens have rights.
The paper went on...
There are other ordinances that might have applied, however. The city's rules about overnight parking would have been at issue if McVay kept his vehicle in the same spot for more than 72 hours. Rules about not parking recreational vehicles and trailers on residential streets for extended periods also may apply.
When at odds with city code, people are given warnings about violations of the applicable code, along with timeframes to come into compliance.
In this case, it seems like the wrong part of the code was cited.
This part was interesting and showed me that the local police THINK they known their own laws but don't -- or at least don't appear to. Nor did they bother to look into the 'complaint' when it came in. They reacted and moved on.
For one, we were parked for just 14hrs when the complaint came in so we were not in violation of any parking ordinance.
For two, I could find no reference to 8hrs and for 3 the only 48 hr reference was as a descriptor of a vehicle not a time one could 'camp'.
McVay, intending to stay for only a couple of days, likely won't come into conflict with some of these. According to code, people sleeping in campers or trailers are only allowed to do so for eight hours on residential streets. There are some exemptions, however, like for semi-truck drivers parking overnight in designated industrial areas of town.
Even if parked in his mother's driveway, rather than on the street, McVay would only be able to stay for up to 48 hours if he was sleeping in the camper.
English reiterated that the department isn't interested in hounding a man who's clearly not intending to break the rules. Rather, they simply responded to a complaint from the public and passed along what was believed to be applicable parts of the code.
See above. Again, they don't really seem to know their own code or the paper got it wrong there. Fact is, we planned to stay 4 or 5 days but we're certain and I made that clear.
It likely wouldn't have been a problem at all had the complaint not been made in the first place.
The police log for Dec. 26, the day that McVay was issued the warning, shows that an anonymous complainant reported McVay's vehicle to the police, describing it as "a nice rig," and that he was "probably visiting" family.
That consideration, even during Christmastime, apparently wasn't enough to stop the person from calling the authorities, however.
The person who complained? Seems to me they were likely just scrooges or the young couple that likes to park in from of mom's place all the time and suddenly found thy could not. She's 79, Dad is 89 and they don't complain about it but have gone and asked if their guests could park there once or twice.
The paper ends by providing the code:
• 5-61-010 (B): "Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
• 5-61-030: No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly-owned property or under any bridge or viaduct, unless (i) otherwise specifically authorized by this Code, (ii) by a formal declaration of the City Manager in emergency circumstances, or (iii) upon Council resolution, the Council may exempt a special event from the prohibitions of this section.
My belief is that the city should at least acknowledge that a person can be permitted to sleep in their camper when visiting relatives or something of the sort and it wouldn't hurt to stop weary travelers from sleeping for a few hours in Walmart's lot provided Walmart approves, in order to safely travel on the Interstate. After all, it's safer to catch some sleep and then move on than to drive half asleep.
