City of Omaha ordinances unfriendly to RV owners :(

[Dr. Dan]

This is not just a rant: it's fair warning to RV owners living in the Omaha, Neb., area, or planning to move here. Also useful for any Realtors among us CWVRV members - "location, location, location!"

I got home one fine afternoon to find that a cop defiled my Winnebago with a violation notice - because it's three feet too long! (It's still a lot shorter than the driveway. And I had used the parking space for over a year without a squeak of protest from anyone.) FWIW, the Winnie doesn't block views of traffic when backing my car into the street (i.e., it's not an accident hazard). It isn't even all that visible because of the large trees on the block.

Lest it be thought that I "should have known," this ordinance is buried in official text, and lots of folks in Omaha have parked their RVs (some as long as 35 feet) with impunity as long as they didn't intrude into sidewalks or create honest-to-Pete nuisances.

Yup: Omaha is a cesspool of urban blight: gang graffiti, dilapidated buildings, arson - and well-kept 23-ft Winnebagos parked on private driveways.

I know it's a cliché to protest, "Why don't you catch some real criminals?", but this  dolt couldn't find something else to do. Suffice it to say that I have had a few other choice words that are inappropriate for this forum.

A couple of storage yards I've used in the past will cheerfully rent me a spot for it before the deadline, so the only real casualty here is my sense of honor and violated civil liberties. City halls across the nation should beware of the consequences of nitpicking in this internet/social-media era.

ConAgra Foods recently announced that it was relocating its world HQ from here to Chicago. I'm not exactly going out of my way to encourage new companies to move into ConAgra's valuable office complex.

[fasteddie313]

Go knock on all our close neighbor's doors with a little simple petition that says something like..
"Why no, I do not have a problem with my neighbor's RV in his yard and you (city council) should leave him alone"..


Even if they still don't let you keep it there it will still make them look like crap for not serving/honoring the wishes of their constituency, rather serving big business.. Tell them they will surely loose community votes over it if they keep hassling you because you will make sure the situation is known along with the names of the party's responsible for the violation of your property rights..


If it doesn't work hey, it's still good payback and your not a sheep folding to the man like they try to condition you to do..


Or just go put it in storage like a good boy..

[Dr. Dan]

Currently I'm planning to mail copies of my post above to the owners of other RVs in the area, with my return address so they know it isn't marketing mail. Your suggestions are along the line of how I'm planning to fight back.

The written warning states that I have ten days to move Winnie...they are getting no less than five. I don't want the thing to end up in their impound yard and have to fight to avoid the impound fee$ - or end up saying something stupid in a confrontation.

[EldoradoBill]

Apply for a variance; should be a simple matter as long as no one opposes it (except for the cop who has a share in that storage yard)


Bill

[1990HR]

A neighbor probably complained to the police about it.
That would piss me off and being the a$$ that I am, I would cover my front yard with pink flamingos, toilets with plants in them and paint my house the worst color I could come up with.

[M & J]

Any way to post the actual ordinance?

[lemortede]

Yea, did he reference the ordinance?
The closest thing I can find in the ordinance refers to a max length being parked on the street for more than an hour.
I assume its in section 36 but I may be wrong.

[HandyDan]

Sec. 55-742. - Parking of personal vehicles on residential lot.

  ï‡,  ïƒ...



(a)

Applicability. This section permits the parking of personal vehicles on a single lot in a residential district subject to specific conditions. Personal vehicles include passenger cars, vans, pickup trucks, recreational vehicles, trailers under 20 feet in length, or boats.

(b)

Location of parking.

(1)

Parking is permitted within any enclosed structure when the structure otherwise conforms to the requirements of its specific zoning district.

(2)

Parking is permitted outside of an enclosed structure in the side yard behind the line of the required front yard setback or in the rear provided the space is on a paved, hard-surfaced driveway or paved pad adjacent to the driveway.

(3)

Parking is permitted outside of an enclosed structure within the required front yard setback, subject to the following conditions:

a.

The parking space is provided on a paved, hard-surfaced driveway or paved pad adjacent to the driveway.

b.

Space is unavailable in the side yard behind the required front yard setback or in the rear yard, or there is no reasonable access to the side or rear yards. A corner lot is normally considered to have reasonable access to the rear yard. A fence does not prevent reasonable access. Grade changes or substantial vegetation or landscape features can be considered to prevent reasonable access.

c.

Enclosed parking in conformance with the requirements of the district is impossible.

d.

The vehicle is parked perpendicular to the front curb.

e.

The vehicle must not encroach on public right-of-way.

(c)

Recreational vehicles, trailers and boats. Parking and storage of recreational vehicles, trailers and boats is subject to the following additional conditions:

(1)

The vehicle shall be maintained in a clean, well-kept state.

(2)

If the vehicle is equipped with liquefied petroleum gas containers, the containers must meet the standards of the Interstate Commerce Commission, the United States Department of Transportation, or the American Society of Mechanical Engineers, as such standards existed on September 23, 1975. Any valves must be closed at all times that the vehicle is not in preparation for immediate use. Immediate corrective action must be taken to repair any leaks in containers.

(3)

The vehicle may be used only by nonpaying guests at a residential district for a maximum of three consecutive days or 14 days during any calendar year. Cooking is prohibited at all times.

(4)

The vehicle may not be permanently connected to utility lines.

(5)

The vehicle may not be used for storage of goods, materials or equipment other than those items which are part of the unit or essential to its immediate use.

(6)

The length of the vehicle shall not exceed 20 feet, if the vehicle is parked or stored in the required front yard or street side yard.

(d)

Exceptions. Temporary parking of personal vehicles on a driveway within a front yard setback is permitted for loading and unloading purposes. Such temporary parking shall not exceed 24 hours during an individual week.

(Code 1980, § 55-742; Ord. No. 38475, § 1, 7-28-09)

[M & J]

Seems conflicting. Restrictions for vehicles greater than 20' specify side yards, etc. First paragraphs state hard surfaced areas such as driveways it is permitted. 

[Rickf1985]

I don't know, everything I see that references length says 20 feet, both trailers and RV's. BUT! Did he trespass on your property with a tape measure to get the length of it? Or did he access MV records to see what is on the title? That would be illegal in most states.You could fight it in court on those grounds and probably win that round BUT, They are going to ask what size it is and want proof so you will lose in the end.
And then you will be in their sights for ANY infraction whatsoever! If your grass is a half inch to long you will get a ticket. I know this is aggravating but tread lightly here and think this through before acting.

[Dr. Dan]

No disrespect intended, but the only way I'm treading lightly is to avoid things such as threatening anyone with bodily harm or other form of retaliation.

I will fight without fear and I will win.

[JessEm]

Someone had an ax to grind at some point, passing this ordinance.

I think I would take the fight to City Hall/council meeting. Try to change the ordinance. If that fails, angle for a variance.

Signatures from the neighbors is a good start. And if other cities in NEB have looser restrictions, arming yourself with those ordinances is a good idea as well. City officials pay extra attention when their city is the odd man out. Particularly when the item is somewhat arbitrary.

You could also contact a few RV manufacturers and dealers and explain the situation. Chances are good that someone somewhere has info that will help your cause. Be prepared to illustrate the differences between a travel trailer and a motorhome, Class A and Class C, etc... I'm not even aware of a Class A under 20' in production.

[Dr. Dan]

Thanks for the tips!

When I identify "friendlier" cities I will post them here. Omaha residents among us who cannot move can at least buy our merchandise in those municipalities so as to divert our city sales tax money.

BTW, I have filed an appeal and have written to Good Sam Club's RV Parking Rights Council. Also, the U.S. Supreme Court back in 1977 upheld a lower court who told the City of Euclid (Ohio), "Oh, no you don't!" regarding RV parking restrictions. This case has been used as a precedent.

[Lefty]

I see several contradictions and vague terminology in their ordinance.

1: In the first description, there is no length restriction for Recreational Vehicles, but a length restriction for trailers (does not specify what kind of trailer, and a travel trailer is usually classed as a Recreational Vehicle.. so this could be seen to apply only to utility trailers) of UNDER 20 feet in length.
"Applicability. This section permits the parking of personal vehicles on a single lot in a residential district subject to specific conditions. Personal vehicles include passenger cars, vans, pickup trucks, recreational vehicles, trailers under 20 feet in length, or boats. "

2:If you have the vehicle parked behind the line of city right of way (typically this is 10 feet from the curb.. but every city will have a specific distance, and how it is to be measured) then the following line applies..
Parking is permitted outside of an enclosed structure in the side yard behind the line of the required front yard setback or in the rear provided the space is on a paved, hard-surfaced driveway or paved pad adjacent to the driveway.
This says you can park on a paved driveway, or a paved pad beside the driveway in the front or side of a house... provided it is behind the right of way line.

3:This next section, Section 3, conflicts directly with the requirements of the prior section 2. Specifically, Both section 2 and section 3 states that a paved pad adjacent to a driveway is acceptable... with section 2 requiring it to be behind the citys right of way, and section 3 stating that it can be located within the right of way, if there is not enough room otherwise.  A city cannot have it both ways... If they specify it has to be behind a line, they cant turn around & say its ok to have it across the line in the very next section.
"(3)

Parking is permitted outside of an enclosed structure within the required front yard setback, subject to the following conditions:

a. The parking space is provided on a paved, hard-surfaced driveway or paved pad adjacent to the driveway. "

4:This section singles out a special restriction for Recreational Vehicles, trailers, boats,etc... Again, it conflicts with the first section which limits just trailers to under 20 feet, but here the limit is 20 feet.
The difference? One restriction says specifically UNDER 20 feet in length.  The other is legally specifying a different length. "Not to Exceed 20' in length" The specifics do not match.. and are unenforceable unless the city revises the ordinance. Also, the first description of the ordinance says it applies to "trailers under 20' in length" but here they are vague in that they are saying "the vehicle shall not exceed 20' in length" Another contradiction in terms.
The wording also implies that if the vehicle is parked in the rear of the property, or on a side yard that does not have a street (between you & a neighbors house as an example) then you would be in compliance. The terms here state that the 20' length restriction only applies if you are parked in the front of the house, or in a side yard that faces a street.
"The length of the vehicle shall not exceed 20 feet, if the vehicle is parked or stored in the required front yard or street side yard."

What I'd do?
1: File a written notice of appeal within the time specified. Send it by certified and registered mail.
2: Follow the orders given while fighting it. Remove the vehicle to a storage lot. Be sure to track any expenses, as I'd be requesting reimbursement upon a successful appeal.
3: Get a lawyer.

[M & J]

Thats exactly what I said Lefty. Just not so eloquently. Go get em.....

[TripleJ]

Just a couple things to consider.
First its not likely that a cop just decided to ticket your rv because its "3 feet too long".  Possible but unlikely. More likely one of your neighbors called and reported you. Or a code enforcement car saw it and did what he is expected to do.

Second city codes exist for a reason. You may think your rv is super cute, but if you neighbors dont agree, and one or more of them are trying to sell their house, you may be driving away potential buyers, thereby lowering the potential value of their house. Aka taking money away from your neighbor, aka stealing. Just an example. To

Lastly, if you are angry at the cops and the city and having to fight the urge to threaten people, you are losing your ability to rationalize. If you show up at city council angry and pointing fingers, they will roll their eyes and show you the door. 


Having said that I have a boat and the rv in my driveway, i know im in violation. If i get a warning ill just have to move them, but so far my neighbors put up with me.
Also i think lefty is 100% right. The ordinance looks like it was written in jr high. in the end you might not end up being able to keep the rv at the house, but as it is it doesnt look legal.

[Dr. Dan]

Here are a couple of cities I've found thus far. To me they are much more sensible. The text below contains only brief summaries with references to city websites.

Bellevue, NE:
Arbitrary length limit: No
Situation like mine OK: Yes
Comments:
The RV or boat must be at least 15' from the face of any curb, and no part of the unit may extend over the public sidewalk or right-of-way. Front parking allowed only if side-yard/backyard inaccessible. Permanent driveway required. Parking is only permitted for storage purposes and the recreational vehicle or trailer, no camping allowed. Vehicle must belong to owner or tenant of property where it sits.
- See more at: http://www.bellevue.net/cityinformation/FAQ.aspx?faqcategory=Parking

Council Bluffs, IA:
Arbitrary length limit: No
Situation like mine OK: Maybe (if setback at CoBluffs property were deep enough).
Parking of one recreational vehicle (e.g., camper or boat) may be allowed outside within the required front yard setback (usually 25 feet from the front property line). Permanent driveway required. Front parking allowed only if Space is not available in the side yard or there is no reasonable access to side or rear yard. Vehicle may not extend over the public sidewalk or public right-of-way.
http://www.councilbluffs-ia.gov/faq.aspx

[stopngo]

I don't know, everything I see that references length says 20 feet, both trailers and RV's. BUT! Did he trespass on your property with a tape measure to get the length of it? Or did he access MV records to see what is on the title? That would be illegal in most states.You could fight it in court on those grounds and probably win that round BUT, They are going to ask what size it is and want proof so you will lose in the end.
And then you will be in their sights for ANY infraction whatsoever! If your grass is a half inch to long you will get a ticket. I know this is aggravating but tread lightly here and think this through before acting.

Did he trespass on your property with a tape measure to get the length of it

I do not know the laws regarding trespassing in jurisdictions outside my own but from what I have heard in my locale........Municipal Authorities are not subject to Trespassing charges. Just my 2 bits.