We got a ticket for parking the front of the truck in my drive way
Country relating to Question: United States
State (if USA): South Carolina
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I live in Colony North subdivision in North Charleston, SC. I've been here for about 13 years now and my husband is a long haul truck driver. When he comes home, which is about every three months, he parks his truck in our driveway. Now recently, we received a ticket for him parking his truck in the driveway, and we never received one before in 13 years for this reason. I am looking for advice on what I should do about this situation. If you'd like to call, my number is XXXXX
Thank you. XXXXX have an ordinance which prohibits commercial vehicles from being parked in residential areas?
The violated ordinance that is stated on the ticket is 4-8(a). After looking at the ordinance online, the ticket seems a little ambiguous. We are unsure if the ticket is referring to the weight or the height of the front of the tractor trailer. There are other residents in the neighborhood who have mobile campers that weigh more than our tractor and they continually park it in their driveway, without consequence. We were just wondering if there was anything we could do to fight this ticket. Thank you.
Thank you. Can you please post the link of where you viewed the ordinance? Or can you copy and paste its text?
Section 4-8. - Accessory uses:
Each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principle use or use to which it serves as an accessory:
Uses customarily accessory to dwellings in all zoning districts:
Open storage space or parking areas for light vehicles, and recreational vehicles (i) when the use or storage of such vehicle is incident to the parcel's primary use; and (ii) subject to the conditions and limitations expressed in section 9-67(4). Open storage or parking of heavy commercial vehicles or heavy commercial trailers (defined within section 3-2 herein) upon any lot, land, street, right-of-way, or shoulder thereof in a residentially zoned area is prohibited unless such vehicle or trailer is attended and in the process of being actively loaded or unloaded. The parking of heavy vehicles or heavy trailers governed by this ordinance shall not be permitted to continue as a legal nonconforming (grandfathered) use pursuant to section 4-5, but rather shall be amortized out of existence no later than June 1, 2003.
Shed or tool room for the storage of equipment used in grounds or building maintenance;
Private kennel or other quarters for the keeping of poultry or animals for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties;
Private swimming pool and bath house or cabana;
Private deck or bathhouse;
Noncommercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over eight (8) feet in height.
Thank you. Would you agree that a mobile camper is a "recreational vehicle" and, thus, is legal under the ordinance as it is written?
Yes, thank you for your assistance.
You are welcome.The ordinance of your community is one that is shared in many municipalities. The fact that it has not been enforced in the past, does not take away from its validity.Of course, you are free to go to court, meet with the city attorney, explain the past practice, promise to not do it again (because you now know), and see if maybe s/he will dismiss the ticket or stipulate to a reduced fine.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
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