Overland Park Ks bans Mv's at home

One of my fellow duce owners was going with me on a MV pick-up yesterday and was telling me how he was ticketed with a $140 fine for having a duce parked at his house. At first I thought he was blowing smoke but he wasn't. Overland Park Kansas has changed their city ordnance for vehicle parking that classifies ALL former military vehicles as commercial! BTW his duce is not used for anything other than club functions and parades, has no commercial signage and is restored with military markings. It's the 383 painted duce in the line. Here are the highlights.

J. "Former Military Vehicle" means a vehicle, including a Trailer, regardless of the
vehicle's size, weight, or year of manufacture, that was manufactured for use in any country's military forces or is a replica of such a vehicle.


B. All Former Military Vehicles shall, except as otherwise provided herein, be excluded from the definition of a Passenger Car, Passenger Van, Pickup Truck or Motorcycle and shall presumptively be classified as Commercial Vehicles and subject to all Commercial Vehicle rules and regulations. The Director may, upon request, evaluate the original intended use of such a vehicle, the absence or presence of military design, markings, equipment, attachments, modifications, and any other relevant factor, and make a determination in writing that such a vehicle is so substantially similar in appearance and function to an ordinary passenger vehicle, and suitable for being parked in a residential area, for it to be subject to parking regulations applying to a Passenger Car, Passenger Van, Pickup Truck and Motorcycle instead of Commercial Vehicles. Any alteration of the vehicle after obtaining such a written determination shall void the determination. The absence or denial of such a valid written determination shall subject said vehicle to Commercial Vehicle parking regulations as provided in this Chapter.



If you want to read the entire ordnance here is the link. http://online.encodeplus.com/regs/overlandpark-ks/doc-viewer.aspx?secid=1479 http://online.encodeplus.com/regs/overlandpark-ks/doc-viewer.aspx?secid=1479

Typical PC politicians hard at work to screw over the general public once again.

Thats just screwed up. I am chomping at the bit to get a mv, and to take care of it... you would think the american people would be encouraged to embrace their history and honor it,,, not be penalized ...

Time to move

KsM715 said:

Time to move

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I live 2 towns away, semi-rural and hope it is not moving this way. His saving grace is he has a farm 45 mins to the south to store it, bad thing is it's 45 mins south.

That sounds just like Johnson county !! I'm sure some politician has a neighbor that has a mv and took it upon themselves to change the ordinance's. Here in Emporia we are not allowed to park anything at our private residences if it's over a 1 ton. I parked my deuce for a week on the street and no one complained. It's all about who wants to be a pain the the rear at the given moment in time

Replicas too apparently. So if you painted your CJ-5 green and put some military markings on it, that would fall under their ridiculous ordinance? Terrible. I would move.

It only took 1 person to get prayer removed from the public school system which has screwed up the American attributes ever since.

Get together with your group and repeal - find out how to get this repealed. Most likely one screwball got it passed while the remainder of who it effects scratches their head.

Its not time to move - its time to get involved and learn how to get these things removed from the law.

It is beaten into folks heads you cannot fight Govt - BS - you are the once responsible for that Govt.
Don't want to get involved - you have nothing to bitch about and just sit back and take it.

When was this Ord. written? How long has he owned the deuce? If he owned it and has had it parked at his residence before this was written I would find a lawyer.

Wow-- very bad deal.I've read thread after thread and post after post on here about local Planning and zoning(s), city council(s) and HOA(s) pulling this sort of crap.I just find it ironic that the very vehicles that were used to keep this country free are banned from the homes of supposedly FREE people!

However--Zout nailed it.We can bitsh about the gooberment all we want--BUT-- !WE! are the gooberment!One MUST be involved to get what you want-how you want it.That's how it works!

Unconstitutional Law

That law sounds like it violates the State Constitution.

A municipality may restrict certain vehicles based on width, weight, etc. But they cannot reclassify commercial vs non-commercial.

A good lawyer & a class-action-lawsuit would be in order. The city is acting outside of their jurisdiction.

State DOT should be contacted to verify the city can do this. Also, a DOT specialist lawyer should be consulted.

KsM715 said:

When was this Ord. written? How long has he owned the deuce? If he owned it and has had it parked at his residence before this was written I would find a lawyer.

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The Ord was changed a few months ago. He has kept it at the house for years, he has several Mv's and rotates them between the farm and house depending on what needs cleaning or maintenance. He has talked to a lawyer and has a court date this Tuesday.
2 days before the code but whole,(not a slur that way) wrote him the ticket he was in the yard when a LEO pulled up to admire the truck, he asked if it was legal to park it in the street and the LEO said not a problem, so he moved it to the street. He told the codes guy that and he wrote it anyways!

Unforgiven said:

That law sounds like it violates the State Constitution.

A municipality may restrict certain vehicles based on width, weight, etc. But they cannot reclassify commercial vs non-commercial.

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That is what his lawyer advised him on to fight this. It is still at the Muni level.

KsM715 said:

Time to move

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Time to fight!

salt6 said:

Time to fight!

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Time to elect a new city council. . .

wow....as next year i may be looking for a house and my grandparents said they can help look as there both retired and have tons of time they said. one thing i said is i dont want to live in a HOA or any place that has stupid rules like the one that is being stated above. they agreed hehe

so that where everyone in San Francisco is moving to.

salt6 said:

Time to fight!

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FMJ said:

Time to elect a new city council. . .

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I stand corrected

MWMULES said:

or is a replica of such a vehicle.

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now that is weird.. Guess my camo painted 56 ford I had back in the '70's wouldn't make it there.. Think about this..is it the paint job they have a problem with or what..? (talking about the 'replica' mention in the ordinance) So if you paint a camo design but with yellow, purple and bronze coloring, your replica would be OK? Lets see now, seems the military has, a one time or another, used every form of vehicle out there on the civi market..So your family station wagon could be called a replica MV with a different paint job.. If you add a brush guard to your K5 Blazer, is that now a replica..? Does you 'support the troops' or 'Semper Fidelis' decal create probs as a MV? or your Veterans license plate..?Ha! At what % point do you draw the line...'well if its 49% MV replicated, then OK, 51%..no way..Time for a new committee..! Sounds like a barrel of monkeys for sure..

Mike

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Gamagoat1,

That's exactly why I joined the MVPA several years ago. When MV's were banned from Wis. roads, the MVPA did absolutely nothing to help with the problem. It was entirely up to private citizens to fight and change things. I thought a portion of your membership dues were for helping with things like this. Aparently I was wrong. I recently let my membership expire. For the price, they can keep their magazines.