From: Simon Norburn (simon@aard.co.uk)
Date: Fri Dec 12 2003 - 18:47:48 PST
Hi Bill,
For what it is worth, my advice is useless. I am a parish councilor in
England. That means that I am the lowest of the low. My Parish is
about 4000 people, that is all.
But, in the UK these laws would not be enforceable. In the first
instance you would be driving along a public highway; or parking
therein. Furthermore in the UK there are differences between "Parking",
"Waiting", and "Delivering".
(Arcane and weird but still legal)
More to the point, your federal government signed up to diverse acts
constraining the restriction of trade and tariff barriers. Whilst there
may have been no intention to restrict trade nor to constrain or apply
local or unusual tariffs it is patently obvious that the actions taken
will prevent international trade from being effected freely in your
"village" since the unlawful constraints will prevent those and any
suppliers from acting in a normal and appropriate manner. (How are they
going to provide whatever as, when and if their vehicles are unlawfully
banned from parking)
So I would advocate a triple approach.
i) By all means quote me and Mr. Justice A. P. Herbert (Lord
Herbert QC) on this matter.
ii) Quote your own legislature re free trade.
iii) Find your local supermarket and identify to it (and if you don't
have one then call all of them) the risks inherent to their business if
this nonsense continues.
(BTW, should you need Herberts Ruling I am sure I have a copy of it
somewhere; it is a tad contentious so I would advocate the other two
options first)
Simon Norburn MCSD (Microsoft Certified Solution Developer)
(01245 420 229)
-----Original Message-----
From: Military Vehicles Mailing List [mailto:mil-veh@mil-veh.org] On
Behalf Of Bill & Bonnie Prestin
Sent: 13 December 2003 01:20
To: Military Vehicles Mailing List
Subject: [MV] Is this the land of the free??
I live on Main street, in a small town (Village) just off I75 in
Michigan. My lot size is 75 ft. wide by 160 ft deep. I own a 2 1/2 ton
1952
Studebaker(M342) and a 5 ton 1953 Diamont T(M51)
I built a very large garage to house my trucks. In fact it
approached
the maximum height allowed for "accessory structures" in our town which
was
25 ft tall. My garage is 24 ft. eight inches tall.
I also maxed out the square feet of coverage rule on my lot which
allows for 25% coverage. I have 24.98% coverage. My garage is 34 ft.
wide
by 46 ft long.
My neighbor is one of the 5 council members in our town. Her
brother,
who also lives on main street, is another of the five council members.
My
neighbor was not happy at all about the size of my garage. So they made
an
amendment to the allowed height of accessory structures. The new maximum
height allowed is 17 ft. six inches tall. luckily my garage was already
done.
I recently saw in the paper (you have to read the fine print) that
there
was a proposed ordinance to restrict all vehicles with more than two
axles
from driving on any street in town (excepting main street) lucky me, I
live
on main street. But the ordinance also restricts vehicles with more than
two
axles from parking on all streets in town including main street.
Now, my trucks are stored in my garage at all times. In fact I only
get
one of them out, about 10-12 times a year. They are also licensed and
insured as "historic" vehicles.
Now occasionally, when family comes up to visit, I will get one
out
and give the kids rides around the block, stopping in the parallel
parking
in front of my house to let the kids swap out & take turns. I also use
my
trucks in the local 4th of July parade. This new ordinance would prevent
me
from doing both of these things.
So I thought I would go to the meeting and talk to them about it. To
say
anything at our towns council meetings you have to get on the agenda. So
I
filled out the form the required week ahead of time. At the meeting, I
ask
If they could make an exclusion to the ordinance for licensed "historic
vehicles". They said "we can't make an exclusion for just one person."
I
said " No I don't mean just me, it would be anyone with a historic
vehicle
with more than two axles." They said "that could be thousand of
vehicles"
"Doing that would defeat the purpose of the ordinance"
Then they told me that they don't think I should be allowed to
keep
trucks of that size on residential property in the village, and they
were
going to approach the zoning board to ask If they could make me remove
them.
I am not really sure what action I should take? Should I wait
until
I get a letter saying I have to get rid of my trucks? Or is there
something
I could do pro-actively. It makes me wonder what is becoming of "The
land of
the free"
Bill
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