> Then, the safety patrol left a VIOLATION NOTICE on the van in > the driveway. > BOAT - kayak - 'parking a restricted vehicle overnight > (boat)'...subject to > being towed. I'm not a lawyer, but a few quick thoughts come to mind, for what they're worth (even though they may seem a bit childish). By the way, I'm assuming you are being penalized in some way (a fine or something), otherwise, I'd be inclined to just blow them off. If they actually towed your van due to it's contents, you could have a field day!!! Surely, they aren't that stupid.... are they? Regardless, you may still want to get the "regulations" clarified for future situations and peace-of-mind. First, and without bringing attention to your specific situation, see if you can get the neighborhood board president or some such "accountable" person who may not be aware of your violation, to define "boat" and/or "restricted vehicle". Perhaps use an example of a 20' sailboat on a trailer versus a kid who left a pool float on the front porch, or some such nonsense. Before they get their thoughts composed, try to casually work in a suggestion about the definition of boat applying to any water craft that requires being registered with the city, county or state. If they bite, or their own definition is similar, then your kayak may not fit the definition "by their own words!" (at least it wouldn't here in Virginia). Might be worth a shot.... who knows? They might at least waive your violation while they clarify the definitions. Second, have them define "parking". The obvious answer would be the boat is on a trailer which is parked in the driveway (or other restricted areas), or the boat is off the trailer but clearly visible, such as up on blocks or a cradle. The point here is that a small water craft totally enclosed within the confines of a van, and below the level of the windows, should not be considered "parking". Third, debate the intent of the rule versus the wording of the rule. Out of curiosity, suppose the boat was in the garage, but the garage door was up (which you said is allowed). Is that a violation? Suppose you hung it out a second floor window for a few days... is that restricted? What if you had a foldable boat that was "in the bag" and you left that out on the front porch for a while..... would your neighborhood even realize what it is? Without seeing the actual rules, I suspect they would be sufficiently "loose" that you could come up with all sorts of unwanted but unrestricted behaviour - enough that they might waive your violation while they work on the wording. Forth - does the safety patrol specifically (ie: spelled out in the rules) have the authority to inspect the interior of your van? If they think they do, does that also imply that they can peep into your bedroom windows at night? Ask your neighbors if they've seen a boat parked in your driveway (and ask them if you can list their name in a letter to the neighborhood board - assuming, of course, that they all say "no" to seeing a boat). If there is no spelled out authority to look in the van, and no neighbor saw a parked boat, then send them some sort of "invasion of privacy" warning letter that is well written and includes excerpts from the neighborhood regulations (not a layer type, just an implied threat from you might do the trick). Perhaps if you convince them that they overstepped their bounds then they'll back off. If their violation is bigger than your violation, they'd probably be inclined to drop it. Anyhow, just a few thoughts. I'm sure some of the other P'Wisers have some better suggestions for you. Good luck. Rick - Poquoson, VA PS - The next time one of the board members has a tree cut down and leaves some limbs in the yard overnight, give them a "violation warning" regarding their "raft", and a copy of "Huck Fin". After all, if it floats, it can be used as a "boat", right! Besides, a tree trunk is just an unfinished canoe :-) *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Wed Jan 02 2002 - 12:18:26 PST
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