*sigh* Things like this make me hate this city. (Chicago: crime, exemption)

[Drover]

Originally Posted by Chicago60614

why don't you just renew the plates? Or if you really don't ever ever drive the thing, get rid of it?

What's this got to do with the fact that I got a dick-ticket? I've stated repeatedly and I'll state it again: why I don't register it or get rid of it is irrelevant and it's nobody's business but mine.

[cobolt]

What if the car is parked in the garage but the garage door is opened? Where does one draw the line?

[Drover]

Originally Posted by cobolt

What if the car is parked in the garage but the garage door is opened? Where does one draw the line?

One draws the line where the statute says the line is drawn: when it is parked on a public roadway. Unless, of course, you're a jagoff revenue agent trying to make as much money for the city as possible. Then you draw the line wherever you think you can get away with drawing it.

[johnm68]

I'm not going to debate statutory construction with you. I'll just state one last time that the first part of the ordinance states that a car must be registered. The second sentence states that it is illegal to park an unregistered car on a roadway. They are seperate violations, although in most cases--but not all--they will occur together. Still, you should try to fight this--make your argument. I'd be curious how it turns out and wish you luck.

Secondly, I agree that it is "none of my freakin' business" why you don't register. (Although I'll bet I can guess--does your auto insurance policy bear a different address?) I don't live in Chicago anymore. However, if I did, and you were my neighbor, it would kind of annoy me that I have to register my car and you're not registering yours, so I probably would find the fact that you got a ticket amusing.

[Drover]

Originally Posted by johnm68

I'm not going to debate statutory construction with you. I'll just state one last time that the first part of the ordinance states that a car must be registered.

And there you go again with your selective quotation. The part you conveniently left out says that it must be registered in the manner required by the secretary of state. The secretary of state does not require a vehicle sitting on private property and not used on public roads to be registered. Try again.

[cobolt]

driveways are not roadways. That's really what it boils down to. Driveway is private property. Cop would have been required to get out of his car and walk on private property to give the ticket. That's how I"m interpreting this. Just smells rotten.

[Drover]

Originally Posted by cobolt

driveways are not roadways. That's really what it boils down to. Driveway is private property. Cop would have been required to get out of his car and walk on private property to give the ticket. That's how I"m interpreting this. Just smells rotten.

Wasn't a cop, it was a revenue agent. They usually walk unless they're on boot duty. In my experience, cops don't make up dicky reasons to give you a ticket. If you get one from a cop, it means you earned it. Revenue agents, on the other hand...

[jwaiter]

My situation was a bit different, but it does illustrate the point that the city is, as my dad likes to put it, 'professional thieves.'

My license plates expired on Nov. 1. I had already purchased the renewal sticker and, partly because 10/31 was Halloween, I forgot to attach it to the car. So, the next morning (11/1), at 7am, I was out there to put the sticker on the car. Would you believe it, the car was already ticketed, at 4 f'in am in the morning. They had an employee giving tickets at 4am! I was flabbergasted.

[mendelman]

Drover,

Does some part of some obscure City ordinance allow City employees on private property without permission?

I ask a bit tongue in cheek, because my experience in local government municipal employees are not allowed on private property without permission (ie active building permit, emergencies, etc.)

You might have a case with this if you get stymied with the section you have been citing in this thread.

Sounds like nothing, but revenue searching by the City.

Good luck.

[johnm68]

Drover,

Hate to increase your blood pressure even more, but you're citing the wrong section of the code. The provision you cited speaks to the manner in which the registration is displayed--in other words, where you put the sticker. Under that provision, if it's not displayed correctly, you can be ticketed.

The provision that requires a City sticker is as follows (and under this provision, you may have a case--but I still doubt you'd win):
3-56-020 License required.

It shall be unlawful for any motor vehicle owner residing within the city to use, or to cause or permit any of the owner’s agents, employees, lessees, licensees or bailees, to use, any motor vehicle or any other vehicle upon the public ways of the city or upon any city-owned property, unless such vehicle is licensed as provided in this chapter. Trailers are exempted from this license requirement. There shall be a presumption that any vehicle parked in any public garage, as defined in Chapter 4-232, or any parking lot open to pedestrian traffic, used the public ways to arrive at its location.

"Licensed as provided in this chapter" means your City sticker.

The Ordinance goes on to state that:

3-56-135 Right to inspect.

Members of the police department, investigators of the department of revenue and investigators of the city clerk’s office shall have the authority to enter the following places for purposes of ascertaining whether vehicles parked therein are in compliance with this chapter:
(1) any public garage, as defined in Chapter 4-232;
(2) any parking lot that is open to pedestrian traffic.
Nothing in this section authorizes any police officer or investigator to force, break or remove any lock or door in order to gain entry to any of the foregoing places.

Your driveway is definitely not a public garage, as defined. I don't know whether it is "a parking lot open to pedestrian traffic"--I doubt it, but one never knows. So, you may have a case here. However, my guess is that there's a type of plain view exception at work, whereby if a revenue agent or cop sees evidence of a violation, they can act on it--in other words, they can see evidence that you are not in compliance with the Ordinance and can give you a ticket. And, under the Ordinance, it appears pretty clear you are not in compliance.