What Can You Legally Store In Your Fenced Commercially Zoned Back Yard?

This photograph is of some of our 800 newspaper Vending Machines located and maintained in six states, a few shown lined up in use at Portage Wi.


If we bring some of them that are getting shabby and store them in our back yard til spring when we can refurbish them, These machines are declared in violation of the Sioux Falls ordinances and can not be stored in our commercial storage yard..


Our "commercial zoned" and fenced back yard is extra large and will hold and store 350. We currently have 30 or less then 10% of our yard is being used.

When in Wisconsin they are perfectly legal on the sidewalk. They are also perfectly legal (in far worse shape needing refurbishing) on Sioux Falls sidewalks.

(We have six in 24 use on Sioux Falls sidewalks. We have a protected constitutional right to distribute our newspapers on the public sidewalk.

Hidden in our fenced "no see thru" padlocked yard, the City writes us a ticket and sites them:

     

  • They Will Attract Rodents

     

  • Are a danger to children

     

  • Are a public nuisance.

     

  • Are Abandoned Property,

     

  • Are Junk.
If we want to appeal their ruling we must prove:
  • Prove that they absolutely do not Attract Rodents

     

  • Prove that they absolutely are NOT a danger to children.

     

  • Prove that they absolutely are not a public nuisance

     

  • Prove that they absolutely are not abandoned property, (must have been used or moved in last 90 days.)

     

  • Prove that they absolutely are not Junk.

For Example:
Junk... Dictionary Definition Includes these factors
  • Discarded material
  • Articles that are worn-out or fit to be discarded
  • Cheap or shoddy material
  • To discard as useless
These are valuable to us, key to our business and the mechanism alone, in some models factory rebuilt cost $156.00 (and look like junk)

The City Inspector says they looked like junk. so the Hearing Administrator agrees we did not prove they were not junk, and rules therefore the finding stands, they are "junk".

You can now appeal it to the county court house Circuit Court system. The judge there will rule on whether the administrative judge ruled correctly in finding we did not PROVE these charges were untrue.

REMEMBER THE CITY DOES NOT HAVE TO PROVE ANYTHING...The burden of proof is 100% yours under this ordinance.

You already Must Have Proven All Are Untrue and the Circuit Court judge must agree you proved all charges are untrue. You may be convinced you have proven all are untrue, but does not count.

Judge Must be convinced on 100% of list or city prevails.

Your odds are ZILCH.


Any appeals are just rituals to say you had your day in court.

 

We say these things are and will be declared unconstitutionally vague

That there is nothing you can put in your commercially zoned yard that they can not pull this on you if they desire.

Note: We have used this storage yard for 18 years for this purpose.


 

Back to Sioux Falls Class Action Home Page  

Help Spread the Word  II  How it Works  II  Share With Us Your Story  II  
Star Of Our Abandoned Property
  II  Garbage Can Story  II What is the purpose of the legal class action?
What we will be asking the Federal Court to do  II  City Ad For 100% Free Service to Harass Your Enemy
What Can You Legally Store In Your Fenced Commercially Zoned Back Yard?  II 
The "Fake Appeal" That Never Happens  II Harlan's brief in Opposition to this Motion to dismiss  II  
As Predicted, Feb. 24th, City Pulls Plug On Any Circuit Court Appeal Of City Actions

 

Constitutional Question:

What Ever Happened to Innocent Until Proven Guilty?

Stand Up Today

 

  • This Is "Protect Property Rights" Month in Sioux Falls

Constitutional Question:

Do You Have a Constitutional "Protected" Right To Use Your Property For Normal Reasonable Use In Sioux Falls

 

Video Mania Store Two & Four  
Full screen "LIVE" sequencing 8 camera view 
click on image 

 

Constitutional Question:

What Happened To Ability To Confront Your Accuser?

 

Sioux Falls "Live" Radar
(click to enlarge)

 

Constitutional Question:

What Ever Happened To Your Input and Hearing Your Side Before Being Convicted and Fined?

 

 

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