>I don't know what they're going to try to pull...it
>doesn't really seem right that they're trying to cite
>me under the city ordinance but using the state law's
>definition of "junked motor vehicle". Any ideas???
I only have mild experience with this, but I am fairly sure they can't
have an on-the-fly "mix and match" policy. Somewhere in the local
ordinance there HAS to be a definition for what they are trying to
enforce, or there has to be specific language specifies that the state
definition is being used, even if the ordinance itself is different. In
other words, the ordinance MUST state, very clearly and without
ambiguity, what the definition is. So my only advice is to get a copy of
the whole ordinance (if you have not done so already) and comply with it.
If they wish to cite State law, then by definition that means the local
one holds no authority (which would have to be decided by the City
Council or whoever makes your laws NOT the code enforcement officer). It
is an either or thing unless there is specific language joining the two
(i.e. local ordinance applies here and here, state one here and there).
If it is ambigious, at least here in the State of Maine you would have an
open and shut case in your favor. The burdon for clarity is upon the
municipality, not the citizen. If the city can't make a definition that
can be enforced, the ordinance holds no water. Again, this is the case
in Maine at the very least, although the principles of law here shouldn't
be any different anywhere else.
A recent case that I know of involved zoning. Many of our coastal
communities have regulations prohibiting any sort of structure or land
use in specific zones that will harm the "natural beauty" of the area.
Someone bought a strip of oceanside property in such an area and then
went before the Planning Board to create a 70 some odd RV park. This
involved cutting down lots of trees, increasing traffic, introducing a
lot of noise to an otherwise quiet area, etc. The Planning Board said
"no", but the courts sided with the RV people. The reason was that
"natural beauty" is NOT something that is defined, but rather a vastly
broad opinion. So now towns are scrambling to rewrite their ordinances
to have specifics like the junked car laws (i.e. "you can not do X, Y, or
Z") instead of "you can't do something we decided we don't like at the
time we are looking at it".
Good luck with your fight! It is a good cause for sure.
Steve
This archive was generated by hypermail 2b29 : Sun Sep 02 2001 - 11:15:41 PDT