Legal Question in Real Estate Law in Alabama

Is my firetruck a commercial vehicle?

I received a citation for parking my antique firetruck in my back yard. The notice cited size and weight limitations on vehicles parked in residential areas. I always thought that city ordinances like this were intended to prevent businesses from operating in residential neighborhoods. If the interpretation is strictly according to the letter of the law, then I have no hope. For what purpose were these laws written? Does the spirit of the law matter any more?


Asked on 4/02/03, 11:42 am

1 Answer from Attorneys

Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Is my firetruck a commercial vehicle?

City ordinances may have a variety of reasons behind them. It occurs to me that there might be several behind the one you cite. For instance, the city may be concerned that vehicles of a certain size may pose a threat to certain underground pipes, septic tanks, etc. It could also be for aesthetic reasons as well. Regardless, laws of this type generally have "strict liability", meaning that there is no intent or knowledge element. In other words, there really is no wiggle room and the law will be interpreted strictly. Of course, alot of that depends on who enforces this law. There is always leeway in enforcement. For instance, what about recreational vehicles? Does anyone around you have a large RV on their property? You might have to take the issue up with your city council to obtain any sort of long-term relief. Good luck.

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Answered on 4/02/03, 12:06 pm


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