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Subject:
City Ordinance, No Overnight Parking: How to overturn in court.
Category: Relationships and Society > Law Asked by: thx1138a-ga List Price: $50.00 |
Posted:
30 Apr 2003 17:10 PDT
Expires: 30 May 2003 17:10 PDT Question ID: 197702 |
I live in Menlo Park, California. On 95% of the streets here you are not allowed to park overnight (exact text of the ordinance follows). I need specific legal strategies/precedents for challenging this law in State or Federal court. My analysis is that the ordinance's darker intent is, and has been for 40 years, to keep Menlo's population in check by discriminating against landlords, tenants, students, visitors, and large immigrant families. It would be hard to prove this as the intent, but it is certainly the effect. 11.24.050 Night parking prohibited. No person shall stop, stand or park a vehicle at any time between the hours of two a.m. and five a.m. upon those certain streets or portions thereof located within a residential zone or located within three hundred feet (300) of a residential zone. Physicians engaged in professional calls, persons engaged in governmental duties or emergency activities are exempt from this provision. A residential zone includes all lands located within the following zoning districts of the city: RE, RES, R-1-S, R-1-U, R-2, R-3, R-3-A, R-3-C and R-L-U. (Ord. 697 § 1(A), 1984). Further background at www.menlo.org/romp |
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There is no answer at this time. |
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Subject:
Re: City Ordinance, No Overnight Parking: How to overturn in court.
From: acorn-ga on 01 May 2003 14:04 PDT |
I certainly can't help you with the legal stuff, but I would point out that the 2000 US Census reports that 57% of the housing units in Menlo Park are owner-occupied and 43% are renter-occupied. It's hard to see discrimination against landlords and tenants with those figures. < http://factfinder.census.gov/bf/_lang=en_vt_name=DEC_2000_SF1_U_DP1_geo_id=16000US0646870.html > |
Subject:
Re: City Ordinance, No Overnight Parking: How to overturn in court.
From: thx1138a-ga on 01 May 2003 14:50 PDT |
You have a point. What I meant is that nobody can rent a room in their house out because there's no room to park. Very annoying to have my taxes pay for all that pavement and not be able to use it. My feeling is that everyone talks about how tidy the streets are, but what is really going on is they don't want to pay for or share facilities with classes who by economic necessity have to crowd extra people in their house. Keep them down by limiting cars. Seems un-American... the right to have cars. Actually Menlo Park is famously deficient in housing units and the State of California has been discussing fining the city 1 million dollars (1000 units short, $1000 each). The city council just say, oh we are doing what we think our constituents want. They also wanted a sign ordinance that got drop-kicked into orbit as soon as a Federal judge got a whiff of it. Heck, I'm sure city council members in the antebellum south felt that slavery was the will of their constituents. That's why I'm looking for a legal approach to this. |
Subject:
Re: City Ordinance, No Overnight Parking: How to overturn in court.
From: pinkfreud-ga on 01 May 2003 15:03 PDT |
I wish my city had an ordinance like this one. Many residential streets have functionally become one-lane alleyways because so many people park their cars on the street. In my view, the purpose of a street is to facilitate the efficient flow of automobiles. Using streets as parking lots tends to impede the movement of traffic. |
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