From: m35products (m35prod@optonline.net)
Date: Fri Dec 12 2003 - 19:05:07 PST
Let's take one of the latter points first: In New York State, there is
state law that governs how town law and village law works. It's sort of:
the state allows the lower governments latitude, but reigns them in when
they step over the line.
Your local government has stepped over the line, obviously. At any
government meeting, if it is being conducted according to any common set of
parliamentarian-type rules, there is a time on the agenda when anyone from
the general audience can speak on any matter. Your constitutional right to
be heard is being infringed upon. Check with the state's attorney's office
on how they regulate town meetings.
Then there is the obvious changing of zoning law, concerning height, area,
and usage. N Y State law is clear, and says that local zoning laws cannot be
changed arbitrarily, without a general referendum, because what will happen,
is what happened to you: a small group can use their own agenda to change
things.
Further, in NY State, if a municipality wants to restrict any class or
weight of traffic, they must get approval from the state, and they must show
a rational argument for the proposed change or restriction. Your
registration is a state one, as is your privilege to drive. Reduce this law
to its absurd extent: Can a tractor-trailer full of household goods not
deliver to a new household? Can an oil truck not deliver fuel? Can a
honey-wagon not come down the street to pump out a septic system that needs
maintenance? Can a dump truck full of blacktop not come down your street to
build a new driveway for a neighbor? Are there not garbage trucks,
streetlight repair trucks, lighting company trucks, with three axles doing
business on your block? etc etc etc. When you find that the law (or any
law) is being enforced selectively, you have won the first battle. Juries
love to hear the complaint "selective enforcement"
Proactive suggestion: Contact the local ACLU, as distasteful as that may
sound. You would be surprised, actually, whom they will defend when they
feel that there is a potentially damaged party. Get a lawyer. It seems that
several of your rights are being trampled upon. Contact the American
Legion, VFW, Chamber of Commerce, Rotary Club, any group of people who can
wield a little influence on your behalf. Get the local chapter of the MVPA
to hold a parade and rally, with the entire state of Michigan's M35's in the
line of march. I know exactly the BS that you are faced with, as I live in a
small town myself. It is only through constant vigilance that your battle
will be won. DO NOT WAIT for the other shoes to fall.
I am not a lawyer, but I met one once, and I made him cry.
A P Bloom
----- Original Message -----
From: "Bill & Bonnie Prestin" <bprestin@chartermi.net>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Friday, December 12, 2003 8:20 PM
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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