Dont wash your car in Garden City, NY.

wytstang said:
Exactly, I'll never understand the just bend over and take it so they go away mentality. We have rights and no badge can trump them. The police office stood there and read the law/ordinance word for word. No washing in public places not public view. We need to stand up for our rights not roll over so the cops/who ever goes away.
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In NYS, "Public place" means a place to which the public has access.
 
mwoolfso said:
Here you go...free and clear... so much for police officers applying the law as stated. He was toeing on a civil rights violation in his own right.

Village of Garden City, NY WATER

Chapter 197: WATER
[HISTORY: Adopted by the Board of Trustees of the Village of Garden City: Art. I, 9-1-1977 as L.L. No. 8-1977; Art. II, 7-9-1987 as L.L. No. 3-1987. Section 197-6C amended during codification; see Ch. 1, General Provisions, Art. III. Other amendments noted where applicable.]

§ 197-12 Miscellaneous provisions.

A. All home car washing must be done with hoses fitted with spray nozzles with automatic shut-off.

B. Use of water for washing down driveways or walkways is hereby prohibited.
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You're quoting the wrong statute. They were quoting this statute, which is obsurd because it is clearly specific to "streets and sidewalks". Although what you did quote also clearly allows washing of cars or funiture in your driveway.


Chapter 178: STREETS AND SIDEWALKS
Article II: Washing on Streets and Sidewalks
[Adopted 10-5-1967 as Ord. No. 1.2 of the Revised Unified Code of Ordinances]
§ 178-3
Cleaning or washing of rugs, furniture or vehicles.





Chapter 178: STREETS AND SIDEWALKSArticle II: Washing on Streets and Sidewalks



§ 178-3 Cleaning or washing of rugs, furniture or vehicles.



§ 178-3 Cleaning or washing of rugs, furniture or vehicles.

No person shall wash or cause to be washed, clean or cause to be cleaned, beat or cause to be beaten any rugs, curtains, furniture, tapestry, clothing or other like articles upon any sidewalk, public street, highway or public place within the village, and no person shall wash or cause to be washed any motor vehicle or like conveyance upon any public street, highway or public place.
 
Dogfather: I grew up in Garden City, NY many years ago. Your post was right on the money. When I saw the title of this thread, I said to myself: "Why am I not surprised?".
 
Dogfather said:
In NYS, "Public place" means a place to which the public has access.
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You could make the argument that the public does not have access to his driveway. It's in plain view of the public but even turning around in someones driveway is technically trespassing.

No need to argue with or be rude to the cop. If he misunderstands the law- well, then that's the beautiful thing about this country! We have courts that "Check and Balance" the authority of this LEO. You simply inform him, respectfully, that you aren't going to comply with that request. He'll write you the citation, you take the citation to court. If you win; inform the police officers superiors that you were ticketed for an unenforceable or non-existant law.

However, the fact that he came with a printed out ordinance and the fact that before he even got out of the car (which was parked on the other side of the street. When a cop parks his car across the street who starts up their camera and automatically assumes he's coming for you?) they started filming- tells me that this issue has happened before. Maybe he got into an argument with the neighbor who called the police and the police came and didn't do anything; went back and found the ordinance, printed it out, and came back. Either way, the fact that the officer got out of the car with the ordinance printed tells me that this was not the first rodeo at this address. Right/wrong? No, doesn't change anything. It just means that it has probably happened before and these guys should take their beef to the courts where it belongs, not the LEO.

I mean when has anyone ever gotten pulled over and the officer shows you a printout of the law against speeding? Besides, he's not required to show you the law- that, again, is the COURTS job. If anything he was trying to qualm the situation. If they still think the law doesn't apply to what they were doing (and my non-attorney, limited experience opinion is that they would be right), then they need to accept the citation and fight it in court.

I did something similar a few years ago. I got pulled over because my car apparently looked the same as a car that was doing donuts in a parking lot the night before. When I told the officer I was at home and could prove it, he got frustrated (Guess he still thought it was me but knew he couldn't prove it) he demanded my license and insurance. In Missouri, I'm legally obligated to provide that so I did. My insurance 'card' was an 8.5x11 printout that I printed online, but was proof of insurance. He claimed it wasn't and wrote me a $100 ticket. On the court date, I walked up to the desk where the prosecuting attorney was sitting and showed him my proof of insurance, and explained that the officer felt it wasn't legitimate proof and I said it was because it was a verifiable document and the statute has no specifics regarding what that insurance should look like. The prosecutor agreed and told the judge to take me off the docket (as he has the right to dismiss charges before I actually saw the judge). I then asked him if he would explain the error to the local PD. To my surprise he said he would; but just to double check- I called and got in contact with a supervising officer and explained the situation (very respectfully!), not trying to 'show him up', but simply explaining that his officer seemed to be confused and I thought, as a service to other citizens, I should make sure that he is educated on that particular issue as I now have the backing of the courts on my side. The supervisor agreed. Whether or not the supervisor or the prosecuting attorney ever did what they said they would, I have no clue. I'm also convinced that the officer knew my insurance was valid but was mad because he was just SURE my car was the one that was reported doing donuts the night before. Mad that he knew he couldn't prove it (When I told him I had family members who could place me at my home the night before- that and the fact that I had the truth on my side! May have been a similar car but it wasn't my car or me driving it!) he just wrote a ticket for anything he could find.

That type of attitude is a bad attitude to have in law enforcement. But arguing with the cops is not the way to solve it. You won't get anywhere. Just be respectful, and deal with the issue in the avenues our country has established for the issue to be dealt with!
 
57BORNTORUN said:
So can I assume that the small pressure washer has an auto. shut off?What ever happened to innocent until proven otherwise?Even if these kids were pains in the neighborhood cops should`nt respond to a potential violation that appears not to be one.(Especially two cops).I guess they have nothing better to do.
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Sure can. "Innocent until proven otherwise" is for the courts to decide, not the police officer. That said, the officer clearly did not have the village ordinances down. He was doing what his Lieutenant ordered him to do. The officer never said he spoke to the neighbor who called. Interesting, huh?

The main point here is that in the eyes of the court, the officer is a "public servant" and must prove his summons was issued legally. Again, he didn't issue a summons but he did threaten the homeowner and in my way of thinking, threatened his civil rights.
 
Audios S6 said:
You're quoting the wrong statute.
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I quoted the statute that should have applied to the situation. There was no reasonable cause for the Lieutenant or LEO to even approach the homeowner, and stopping a citizen without reasonable cause is a violation of a citizen's civil rights. THAT's why the LEO questioned the plates. He needed something on record to show that there was some cause.
 
RFulmer said:
I'd move. And to a previous poster, how was the homeowner being "snotty" at all? He was being rather calm and reasonable to me.
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Both were not calm but they were reasonable and "in control" of themselves.
 
I guess I'm lucky. I live in a small townhouse plan in PA and I detail either my own or customer cars almost every weekend in the summer months and run a gas pressure washer and my friend who is a local Police officer comes over and watches me do it. I would never live in a place that wouldn't allow me to wash cars. You would have to be out of your mind to have to obey rules like that. I guess you have to cut your grass there with a pair of scissors so you don't make noise and disturb anyone also. What a bunch of idiots for even letting this happen. Vote and have the by laws of the association changed then. I'm also luck as I'm the President here so I get to make the rules. I would also put a sign in my driveway that says private drive and now it's not a public place.
 
They were on their own private property and have every right to be a bit "snotty" with the cop. May have not been a good choice but at that point they had not done anything wrong. It is why I would never move into such an area where you pay tax, possibly a homeowners association fee, and are told what you can and cannot do, pure ridiculousness.

I most likely would have not been so nice with the officer either, he didn't exactly present it in a very good manner.
 
I mentioned this in the chatbox last night.. if you have a neighbor who doesn't like you they will look for every reason to inconvenience you..up to calling the cops for stupid things.
 
mwoolfso said:
I saw this last night as I was browsing. I wasn't aware this was in Garden City, NY. That's not too far from where I live.

Garden City has their own homeowners associations and with them they usually have their own ordinances; especially in an upper-middle class NY suburb.

One of the things they do have is their own police force. This guy looks like a village cop and not a part of the county police force.

Aside from "snotty" behavior both sides exhibited it is very possible this ordinance is real. However, the notion of "cannot wash car in public places" does not apply here. I am not a lawyer but it seems he would have a good chance of getting any ticket dismissed.

I believe the cop knew he was toeing the line even if he didn't witness the guys washing.

A driveway is private property and not a public place. He would likely have the ticket dismissed. If the ordinance said "public view", then I would say driveways apply.
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How would like to live next to someone who had a detailing business in driveway?
 
I had a similar situation once when I was moving from my old house and was burning some trash. I had thrown in some old spray paint cans in the fire and a cop from a neighboring jurisdiction was diving by when a can exploded so he proceeded to tell my friend and i that we would have to put the fire out. He said if we didn't he would call the local fire dept. We told him fisrt of all he wasn't in his jurisdiction and didn't know the burning laws in our town and second if he called the fire dept that we were both members of the fire dept. that would be responding and would call the station and tell them not to bother to respond as everything was under control. We also told him that the local Police Chief lived right across the street from me and we could have him come over and explain the rules in out town. He left and didn't return. So much for him trying to push his weight around.
 
I believe he's a Village of Garden City officer...just happens to still be using the old Crown Vics
Some opinion is that it's a "high society"/snobby area..or at least there are people like that who live there
This seems to be more of a bad neighbor situation than anything else
 
Wow heated thread!

I live in a village area in LI also, and Bob does bring up valid points about business operating etc. (usually only pertaining to the HOURS during the day in which it can occur--no earlier than 7am, no later than 10pm, etc). These villages have their own restrictions/codes and "town safety" officers etc.

Taxes are very high in these places, and boy do some of the people feel entitled to call up and moan about anything. Ex- My sister in-law recently called and complained about "a smokey smell". Somebody two houses down has a fireplace...poor guy. They sent someone over and ticketed for not having a "permit". Insane

These guys are not NYC, Nassau (West LI) Or Suffolk County (East LI) officers. Not to say they haven't been, or don't deserve respect. My brother is a DT in the City and I have many friends who are SCPD.

But that was BS harassment. Even if those guys are turkeys, those cops were just busting huevos and the neighbor knows somebody.....

The cop had a point though- you don't want them coming around nitpicking and ticketing over everything, cause they will. :nomore:
 
slimnib said:
How would like to live next to someone who had a detailing business in driveway?
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Wrong person to ask that question to.... I'd be fine with it. That said, if you are implying that this guy was running a business in his driveway I just don't see it.
 
Lots of municipalities have laws against operating business out of residential areas. So if that was the case, I'd imagine THAT would be the issue.
 
Sweet ride, what exactly was the point of even washing that car?

Anyway, it was hard to not laugh at that cop the whole time. He didn't even look like he was taking it seriously with the smirk on his face. Its amazing that a neighbor would complain about you washing your vehicle, who cares. I also like how he starts the conversation off with "Your neighbors don't like you", nice one. Then when they mention the corvette guy he just reiterates about the neighbors not liking them.

My neighbors let their dog release its fecal matter all over their yard and it sits there and bakes in the sun for days and smells horrible, noone calls the cops on them.

Crazy world we live in honestly, can't even wash your car. One of the biggest purchases you'll ever make and you can't even take care of it on your own property.
 
t5620 said:
I mentioned this in the chatbox last night.. if you have a neighbor who doesn't like you they will look for every reason to inconvenience you..up to calling the cops for stupid things.
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You're exactly right. This issue is definitely much larger than "car washing".
 
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