Before It's Too Late - Hagerty Lifestyle

ANTI-HOBBY LAWS:
DON'T WAIT UNTIL YOU GET CAUGHT

John L. Gann, Jr.

"Hey, don't worry about them until you get caught."

That seems to be the conventional wisdom in the hobbyist community about city and county zoning and property maintenance codes that can make responsible home car hobbyists into outlaws.

These codes are already on the books in thousands of communities even if hobbyists aren't aware of them. They commonly prohibit unlicensed or inoperative motor vehicles parked in the open at hobbyists' homes, classifying all such vehicles as "junk cars."

The problem is that they make no distinction between the slob with a rusted hulk and God knows what other debris as permanent fixtures in his front yard and the good neighbor hobbyist who respects and is respected by the folks next door.

But unless or until an inspector shows up with a citation in his hand, the common hobbyist thinking goes, there's no problem.

Enthusiasts who have been targeted by enforcement and have heard from others with similar experiences don't always agree. They and a few voices from advocacy organizations like Citizens Against Restrictive Zoning, the automotive press, and supplier groups like Hagerty Collector Network and SEMA Action Network have urged enthusiasts to take action in their states and localities to counter the effects of these regulations on the responsible car collector.

Instead of "Don't worry until you get caught," their message has been, "Don't wait until you get caught."

There's good reason for such warnings. Waiting until you become the object of enforcement action puts you at a disadvantage in several respects.

1. You Can Be Surprised by Enforcement

Are you at your best when you're on top of things or when you've just been blindsided?

Many local ordinances are enforced only when there's a complaint or when an inspector just happens to discover a violation. A complaint about your dismantled car can come from anywhere--it doesn't have to be those nice people across the street. And it can come at any time. The fact that things have been quiet up to now means nothing.

All that's needed is someone driving by your place, a "Yuck," and a phone call to city hall or the county courthouse. Do you really want to pursue your hobby on such thin ice? And do you enjoy being caught by surprise?

2. The Penalty Meter Starts Running

The penalty for a code violation may be $100, $500, or some other unpleasant figure. Whatever the number, it's usually charged every day the violation continues.

So if you get cited, unless you can move your cars elsewhere within 24 hours, listen for the sound of that municipal cash register ringing again.

3. You Become the Bad Guy

Once you're found in violation, you wear the black hat in the eyes of your local government. You're an Outlaw, your car a blight on the neighborhood. And Outlaws and blight producers don't often have a lot of influence at city hall, do they?

That law under which you were cited may be improper, inconsistent, vague, even illegal. It may in fact be a blooming mess. In my work with cities I've seen many inept regulations.

You may be able to give local officials a dozen reasons the law should not be enforced the way it's written. But you're not going to have any credibility wearing that black hat. You'll be seen as just one more antisocial character who just doesn't want to obey the law.

4. You Forfeit the Best Solution

The best remedy available to the hobbyist is to get these laws changed to be junk-unfriendly but hobby-friendly. This is doable: I've done it. There are special provisions in every zoning ordinance allowing this--and permitting you to start the ball rolling. You don't even need a lawyer.

But you're not going to get anywhere with that tack after you've already been tagged as a violator. It will look like you're wanting to change the law just for you so you can avoid the consequences everyone else had to suffer. No one's gonna buy that. So you've struck out before you've gotten up to bat.

5. Congratulations--You're a Precedent

In America, any kid can grow up to become President. And any hobbyist can become a Precedent.

Once you get zapped for owning too many cars, harboring a parts car, or some other crime against humanity, it becomes easier--no, it becomes essential--to similarly zap the next guy as well.

How can they hit you and then let him off? The code enforcer can't, nor can the Zoning Board. Even if a sympathetic voice insists that what the next hobbyist they catch did wasn't all that bad, another voice will remind that "we threw the book at that other guy [you] for doing the same thing" so they are obliged to be consistent.

You're now a Precedent and the reason they have to be tough on your fellow enthusiasts from now on. Which might not make you Mr. Popularity at the next local cruise night.

Now Try Scenario 2

Consider instead Scenario Number 2. You've checked at city hall and found a law that--lo and behold--spells trouble for car people. You approach local officials in the right way pointing out the problems with the way the law is written. Theoretical problems still, since you haven't been cited.

You're appealing to them as a responsible concerned citizen representing a group of hobbyists in the community, not as an Outlaw. Your car's still in place, and no penalty meter is running.

You constructively propose a wording change in the law that will still allow the city or county to get rid of junk-strewn yards but also permit hobbyists to do their thing with due consideration for the neighborhood. Since no citation has been issued, local officials aren't compelled to defend their regulation, and you're not ticked at them because they've taken action against you. So the discussion can be unemotional.

Don't you figure you're in a little better position to get somewhere on behalf of yourself and your fellow enthusiasts in the same community under Scenario 2?

Do Your Gambling in Vegas

Do nothing about that "junk car" law until they find you and you could be okay. They may never find you. But you're gambling. If you lose the gamble, it's going to be harder to keep your hobby going the way you'd like.

Better to do the gambling in Vegas. There if you lose at least you've gotten warm weather and a glitzy show or two as part of the deal.

In your own town, on the other hand, the place you want to be is not in the casino but in the driver's seat. Before there's any trouble, take the initiative.

Find our what the local regulations are by a trip to city hall or the city's Web site. Don't wait to find out what they are the hard way. Then put things into gear to get a better deal for yourself--and every other hobbyist in town as well. Instead of accepting a status as an Outlaw or a Precedent, why not position yourself as a Hero?

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John L. Gann, Jr., has prepared hobby-friendly regulations and gotten them adopted. He is the author of a new self-help manual for hobbyists, How to Prevent Junk Car Laws from Shutting Down Your Home Car Hobby. He may be reached at citykid@uwalumni.com or (800) 762-4266.