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From: Marinell <marinell3_at_home.com>
subject: [Paddlewise] Sarasota, Florida Kayak Police
Date: Wed, 2 Jan 2002 13:53:46 -0500
I drive a VW van, the smaller weekender model.


Last night I got a parking violation.





The van was parked in my driveway.  That's allowed in my deed-restricted
neighborhood.  I can't plant a tree without community association approval,
but the van is fine with them.  There are lots of larger vans and SUVs parked
outside.





Here's the rub:


I am short and it's not easy to put a kayak on the racks on top of my van.  So
I bought a kayak that would fit inside the van.  One can't see the kayak from
the street or sidewalk. It's below window level.


It has been parked in the driveway for 10 months  with no problem.





Yesterday,  New Year's Day, our garage door broke and was stuck open.  The
repairman couldn't get out until today.  It's not against the rules to leave a
garage door open, but our zealous saftey patrol put a note on the back of a
car in the garage in the middle of the night.





Well, someone roaming around my yard in the middle of the night disturbs me.
The note could have gone in the mailbox on the street.





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.


He's never seen it before.  But this time, he was in my driveway and had to be
looking in the van.





Any suggestions?  I'm kind of upset.





Marinell in Sarasota




















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From: <Rick.Sylvia_at_ferguson.com>
subject: RE: [Paddlewise] Sarasota, Florida Kayak Police
Date: Wed, 2 Jan 2002 15:15:47 -0500
> 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  :-)

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From: John Blackburn <digipixs_at_erols.com>
subject: Re: [Paddlewise] Sarasota, Florida Kayak Police
Date: Wed, 02 Jan 2002 16:07:33 -0800
Since you are short, (vertically challanged) and your kayak was bought specifically because you are short, hit them with a Americans with Disabilities Act complaint.  It'll cost nothing because you have a local county or city organization that'll go to bat for you and write the complaint.

My wife works for a community association management company (handling over 100 different properties) and they have been faced with a wide range of crazy accomodations for people who bring ADA complaints.  This includes cutting down trees, planting trees, building two story decks, etc. etc. all acts that run contrary to the particular association by-laws and were done without "permission" but their lawyers say the cases are not winnable by the associations.  A guy even got to keep a two story addition he built on the back of his house!  All because his mother needed a cane to get around!  It's not a big stretch from that to a small kayak inside a van.  The ADA says that reasonable accomodations MUST be made.  From the stories I've heard, the definition of "reasonable"  includes anything the individual bringing the complaint wants it to be.

Good Luck

John

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From: Jochen Grikschat <grikschat_at_surfeu.de>
subject: Re: [Paddlewise] Sarasota, Florida Kayak Police
Date: Wed, 2 Jan 2002 21:51:05 +0100
Oh oh oh !

Is the safety guard allowed to enter your driveway without your permission??
Is it allowed to look inside your van in the driveway without permission?

What is the safety guard good for? Controlling the neighboorhood? Make sure
you´ve cleaned your teeth?

----

I remember a story a sports friend became an eye-witness.
Italy, they were waiting in their car for the ferry while a woman walk along
the cars and sold the tickets.
She worked kind of this way: "Äh, 1 middlesize car, 3 persons, 1 surfboard
(on the cartop), xyz lire please."

So, there were 2 men with 2 surfboards on their car ( a long kombi)  in
front of my sports friend.
When the 2 men see they would have to pay for the boards, they took the
boards and pushed them inside the car. Crazy, but it worked. They were
sitting heads to the side, with the bords over their heads.
The woman came up and said: "One long car, 2 persons, and (deeper look
inside)... 2 surfboards, yzx lire please."

They are among us, everywhere...

All the best and - heavily head shaking

Jochen


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From: <Gypsykayak_at_aol.com>
subject: Re: [Paddlewise] Sarasota, Florida Kayak Police
Date: Wed, 02 Jan 2002 15:31:07 EST
<<<Any suggestions?  I'm kind of upset.>>

yeah, move back to Miami where you have friends who love and miss you!

seriously, though, put a dark tint on the windows.  or curtains, but it's hard to affix curtain rods and velcro doesn't stay stuck

they ACTUALLY stickered you for a kayak INSIDE your van?  I seriously think you need to chat with the Board.

sandy kramer

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