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Old 06-09-2016, 11:56 AM   #1
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Challenging policy regarding overnight parking

Any lawyers know the law regarding overnight parking? Want to challenge the status quo?

What is the law regarding overnight parking on federal land? I read the national park regulations and saw no restrictions for overnight parking- only restrictions for generator use. So is it illegal to park or is it just a policy they enforce?

Is it legal for cities to ban overnight parking as many are doing? Can that be argued as unconstitutional or infringing on rights?

I want to see restrictions eased on self contained rv's. I would argue that we're not camping and not loitering if we're inside our trailers for 12 hours overnight.

I understand parking restrictions in a world with homeless and potential troublemakers. But the world has changed and now there are a huge number of rv's looking for places to park for the night. We don't all want to go to rv parks every night. I like to camp in an rv park 1 or 2 times per week and the rest of the time we want to be out in nature or towns - wherever we end up. We can park in national forests but most of the access is on tiny dirt roads - impossible for a big rv.

So what's the real law and how to challenge it? Anyone ready to take action to ease restrictions? Let's start an organization to change policy, welcome and make space for self contained rv's. We're good for local economies and our numbers are only growing.
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Old 06-09-2016, 12:44 PM   #2
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Oh boy......who's infringing on our rights now?
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Old 06-09-2016, 12:59 PM   #3
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Just what I want to do, camp where I'm not wanted.
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Old 06-09-2016, 01:07 PM   #4
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Quote:
Originally Posted by FaithBowls View Post
... But the world has changed and now there are a huge number of rv's looking for places to park for the night. We don't all want to go to rv parks every night. I like to camp in an rv park 1 or 2 times per week and the rest of the time we want to be out in nature or towns - wherever we end up. We can park in national forests but most of the access is on tiny dirt roads - impossible for a big rv.
You're whizzing in the wind. Parking a vehicle of any sort boils down to an either/or situation. If you're parking on private property - policy is determined by the property owner (who is influenced by local ordinance). If you're parking on public property - the local governing body sets the policy. If you think you're going to affect change because "we want to be out in nature or towns" - you're kidding yourself.
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Old 06-09-2016, 01:31 PM   #5
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The parking laws rest with individual towns and cities and of course it is legal for them to ban overnight parking - it's within their right and you can bet they've also checked with the city lawyers. Where I live, Tucson banned the parking of 18-wheeler's in residential neighborhoods a long time ago and banning an RV would be just as easy if it ever became a problem.

An RV'r doesn't live in that city or town and therefore doesn't vote there and doesn't pay any taxes other than sales taxes. They also see that you're not willing to stay in an RV park so they figure you're not willing to spend any money there, either. That's several strikes against you already and you can bet the city will not be taking the side of a transient RV'r.
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Old 06-09-2016, 01:34 PM   #6
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I don't necessarily support you position but you could research the action where boaters sued Florida, in Federal court, over anchoring rights.

The boaters won and there were numerous municipal anchoring bans thrown out.

Because of that, the state has to crack down on unregistered and derilect vessels, rather than simply ban everone.

They also had to define liveaboard boats verses fulltime cruising boaters and enforce accordingly.

With that, Good Luck.
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Old 06-09-2016, 01:37 PM   #7
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As someone who has dealt with National Park Service rather extensively over the last 10 years I can tell you there is little, if any, difference between laws and policies/regulations. NPS, BLM,FS et al, have great discretion in how they manage their lands, as well they should.

As for parking on the street, how would you like a different RV parked in front of your home every night. As for parking lots, that is up to local ordinance and I doubt, especially you not being a citizen of that municipality, you would have any standing to challenge the parking ban.

Some people take the RV out for a weekend and never leave the trailer for whatever reasons. Are they still camping? Of course they are. Even if you don't extend the slides etc. you are still camping, no matter what you want to call it. You are, after all, still in a camper.
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Old 06-09-2016, 01:44 PM   #8
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So how is your age discrimination law suit going
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Old 06-09-2016, 01:49 PM   #9
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So how is your age discrimination law suit going
What if you park in a age restricted community and your under age :?
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Old 06-09-2016, 02:54 PM   #10
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Thanks to the couple of real responses. The case in FL is just what I'm thinking of. Re the sarcastic responses, yes this and my other post have a similar slant. In the America I remember, we had expressions like "don't tread on me" and "live free or die." I'm responsible and take care of my business. I don't want someone telling me where I can park. Make fun all you want but you're supporting a system of control which infringes on the freedoms our country was founded on. I'm not talking about parking in front of someone's house. I'm talking about parking in designated places which aren't rv parks. If Walmart says it's ok for me to park in their lot, why should some local law stop me? If my rig can't fit in the national park campground, why aren't there some accommodation to let big rigs stay in parking lots? Some of us want to travel the country freely. I don't need an rv park every night. If I'm not on someone's property where I'm not welcome, it shouldn't be a problem. Some towns in california have laws preventing anyone from staying in an rv even if it's on your own property. Like if a relative visits and you have 10 acres, nope - they can't stay. Yes that infringes on life, liberty and the pursuit of rv happiness. This is still America.
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Old 06-09-2016, 03:26 PM   #11
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Thanks to the couple of real responses. The case in FL is just what I'm thinking of. Re the sarcastic responses, yes this and my other post have a similar slant. In the America I remember, we had expressions like "don't tread on me" and "live free or die." I'm responsible and take care of my business. I don't want someone telling me where I can park. Make fun all you want but you're supporting a system of control which infringes on the freedoms our country was founded on. I'm not talking about parking in front of someone's house. I'm talking about parking in designated places which aren't rv parks. If Walmart says it's ok for me to park in their lot, why should some local law stop me? If my rig can't fit in the national park campground, why aren't there some accommodation to let big rigs stay in parking lots? Some of us want to travel the country freely. I don't need an rv park every night. If I'm not on someone's property where I'm not welcome, it shouldn't be a problem. Some towns in california have laws preventing anyone from staying in an rv even if it's on your own property. Like if a relative visits and you have 10 acres, nope - they can't stay. Yes that infringes on life, liberty and the pursuit of rv happiness. This is still America.

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Old 06-09-2016, 03:37 PM   #12
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Rights vs 'privileges'

People are always confusing the two!

There are only 10 specific rights........everything else is a privilege which can be limited/restricted/prohibited

Like I use to tell Union Members (I was their Steward)
SHOW me the section of contract that is/was violated and I will FIGHT the good Fight
Otherwise......it is just a complaint and stop your whining
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Old 06-09-2016, 03:41 PM   #13
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........infringes on life, liberty and the pursuit of rv happiness. This is still America.
Did you ever think that maybe there are laws like what you mention for a reason? It isn't to "tread on you" as you suggest. Rather it is to keep people from creating situations that create blight among other issues.

Are you going to pick up all the beer cans and trash left by people that can just park anywhere? Are you going to pay the higher taxes to support the extra police or security patrols? Are you going to like parking where a previous RV just dumped their black tank? People abuse, destroy and disrespect far too often to allow a free for all as you suggest.

As mentioned before, you are whizzing into the wind
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Old 06-09-2016, 03:44 PM   #14
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Rights vs 'privileges'

People are always confusing the two!

There are only 10 specific rights........everything else is a privilege which can be limited/restricted/prohibited

Like I use to tell Union Members (I was their Steward)
SHOW me the section of contract that is/was violated and I will FIGHT the good Fight
Otherwise......it is just a complaint and stop your whining

Well said!!!
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