Hard to formulate my question, so here are two examples:
Example 1:
I have heard that anyone parking on public streets in my town must move their car once every 24 hours. Presumably this is to keep folks from storing vehicles long-term.
But it’s a totally unenforced ordinance. Folks park all over the place and, unless you have an obvious flat tire, nobody will ever bother you.
I have a beater pickup truck parked on the side street that I drive about once or twice per month max.
Example 2:
It came to my attention the other evening that my municipality has a limit of two domestic animals per household. We have been in violation of this for the ten years I have lived here, often exceeding this threshold in cats alone, without counting birds.
My town is very typical suburbia, and I imagine that at least every third house has more than two animals.
I imagine these ordinances are only enforced in cases when a neighbor complains or when someone violates them in an extreme fashion (e.g. crazy cat lady with 82 feral cats in her house and five junkers parked on the street).
These laws fit this pattern:
[ul]
[li]Extremely restrictive[/li][li]Nobody ever enforces them[/li][li]Sometimes used selectively if someone is a jerk[/li][li]Usually enforced when someone exceeds the limit by a huge amount[/li][/ul]
Is there a name for this type of law?
Why aren’t they made more reasonable and enforced better? (e.g. 1 animal per X square feet or car must be moved once every two weeks)
Do they lose any legal value by being so obviously and publicly violated with no enforcement? (like trademark owners who don’t protect their trademark)
There is a doctrine in the law called desuetude. From wiki:
So, in some situations the law can become unenforceable because of lack of enforcement.
The Constitution also forbids certain kinds of selective prosecution. Prosecution because of race, gender, and the familiar protected categories is a no-no. I believe this also applied to prosecuting, say, out-of-staters. But it does not apply to prosecuting jerks, or only the most egregious offenders. That’s just wise use of resources.
There’s the (not often used term) “Normative Kraft des Faktischen” - normative power of facts, used e.g. when referring to the abolishment of Paragraph 175 of the Strafgesetzbuch (penal code, forbidding homosexual sex between adults) in the 1970s in Germany - the law was applied increasingly rare because the public had become aware that it was outdated, so a movement to remove it as offense was successful.
I would think it would be a good idea to locally collect these rarely enforced laws and start a petition/ movement to either modify them to be practical, demand more attention to enforcment if they really are necessary, or to compeltly remove them if they aren’t necessary today any longer.
IIRC, El Paso passed a law making it illegal for a minor to carry a marker (felt-tip pen, “sharpie”, etc.) This was ~10 years ago? The authorities flat out said that it wouldn’t be enforced unless they had good reason :dubious:. I think its purpose was to slap graffitiers with an extra offense, but if they just don’t like you and find a pen in your pocket…
My understanding is that in the military, it’s s.o.p. to have regulations that would make life impossible if enforced to the letter, just so COs and NCOs have any number of rules they can pull out of their pocket when needed, especially if a barracks lawyer tries to get cute.
The Nashua NH police department came right out and told me that they do not enforce the “no guns within x feet of a school” laws as long as the person is not doing anything threatening or reckless.
My friend lives year round in a summer resort town, and he tells me they generally don’t enforce parking laws against locals, or in the winter. Apparently the laws, and the meters, are meant to deal with the mobs of tourists in the summer and are unnecessary otherwise.
The only two similar things I deal with are the local noise ordinance and the ordinance prohibiting commercial vehicles parked overnight. I don’t go looking for trucks or loud parties but if there are complaints from neighbors I enforce it.
Often, these kinds of laws are used when complaints come up. For example, no officer is going to come into your apartment to make sure you’re under the limit for animals, but if the neighbors complain about noise or smell, they’ll have a legal grounds for requiring you to get rid of them.
And I’m surprised the 24-hour parking rule isn’t enforced. I’ve lived in a couple of places and those types of laws have been very strictly enforced. In one of those places, a chalk mark on a tire was used, so the locals figured out that that they could erase the mark rather than move the car, but it still made sure that abandoned vehicles were dealt with quickly.
Urbana IL has one of these laws. I don’t know of it ever being enforced, but I’m glad it isn’t, since that would make going on vacation somewhat difficult if you park on the street.
I have lot-parking now, but I used to park on the street. I usually only drive on the weekends, so there were plenty of weeks where I was in violation.
Maybe I should start a new thread in GQ.