Agenda - Planning Commission - 02/05/2009

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I I j J 1 !\ II I: I' Ii I' It II Ii :! 1i 'I h P ., \; " h f' Ii I' 'I I, .' n I' !, i: November 25, 2008\ Volume 21 No. 22 Due Process- Town charges resident with ordinance violation Resident argues ordinance was vague and thus unenforceable Citation: People v. Pethick, 864 N. YS.2d 901 (J. Ct. 2008) NEW YORK (lQ/06/08)-The town's code enforcement officer charged Robert Pethick with a violation of Section 225-46 of the town code. Section 225-46 stated that: "No boat, house trailer, camp trailer or mobile home of any kind shall be stored in any front yard in any residen- tial district." The matt!=r went to a court trial. Pethick admitted to parking his boat and trailer in his front yard on his driveway from time to time. However, he maintained that the parking of his bo'at and trailer on his driveway at various dates for varying intervals of time when they were not in use was not the same as "storing" them on his property. He said that the word "stored" in ~ 225-46 implied a long-term placement of the trailer and , boat. He maintained that since the word "stored" was not defined in the 'J town code, ~ 225-46 was unenforceable due to vagueness. DECISION: Ordered accordingly (for Pethick). I ~ I: Ii j; !l 1: The court said that zoning ordinances were presumed constitutional. Section 225-46 would survive Pethick's void for vagueness constitutional challenge if the court found the ordinance was "informative on its face" and "clearly and unequivocally put [Pethick] on notice of the proscribed activity." The court explained that such an objective standard was re- quired because otherwise an enforcement of the ordinance would be left to the "unfettered discretion" of law enforcement officials. Moreover, said the court, a' citizen must be in a position to reasonably determine exactly what activity is prohibited. "Without those conditions in place, enforcement of such an ordinance ~ould violate a [citizen's] right to sub- stantive due process, which is guaranteed by Section One of the Four- teenth' Amendment to the United States Constitution and Article I, Sec- tionG of the New York State Constitution." ,- The court found that the town code did not provide any guidance as to the meaning of the word "stored." It did not define "stored." Nor did it plit any time limits on the parking of a boat and trailer in an indi- .j; vidual's front yard. Noting there was conflicting testimony as to wheth- . e~ neighbors thought Pethick stored his boat and trailer in violation of ~.225-46, the court concluded that it appeared reasonable persons dis- agreed as to what constituted storage. i ~) 1: ,;. @ 2008 Thomson Reuters/West . \ . 11 I I I I, I I I I I I 1 I I i I I I , 43