is this legal in SC?

[primetime]

a cop woke me up this morning banging on my door at 730am. when I asked what was the problem he said 'what's up with the blue car'? I asked what do you mean what's up with the blue car? he says, 'what's going on with?' so at this point I'm thinking WTF. I was about to answer again but instead asked, ' why are you asking about my car? did something happen? he responds to me, no I want to know the deal on it because I'm a code enforcement officer, blau blau blau.
in my head I'm thinking you might should have came out with that in the first place. but instead I asked, 'okay,,so what do you want?'
he asked does it run?
I said yes it does.
(awkward pause for 5 seconds or so)
then he says can you start it up for me?
I said no.
another pause
he then rattles off a long paraphrase of the code enforcement rule and then looks at me like I should be impressed.
I then said how would I know if you stated that correctly if I have not been given a copy of the so called rule I broke? I would like a copy and to see your badge. he looks at me crazy and then pulls out his badge. I asked where is the badge number? he says their badges don't have numbers on them. but tells me his number verbally.
I told him that is fine if his job is to enforce codes on inop cars, but why is he saying my car is inop? his answer was that he comes through my neighborhood a lot and never sees it moved.
I said so. I can choose weither to drive my car when I want to. I paid for it. he said then it shouldn't be a problem for me to crank it up then.
I said it is a problem because you knocking on my door at 730am and want me to come outside in the 28 degree cold just to crank my car up for your amusement.
I told him I'm not going through the trouble of taking my battery off the charger.
he then is like ahh, so it is inoperable because it has no battery. a vehicle has to be able to run under its own power blau blau blau.
I thought to myself, why am I talking to this dirtbag? he clearly has a problem with me for some reason and figure i'll just wait till he gives me the ticket and then call in a complaint with his badge number.

he gives me a $1000 fine because in his opinion when he drove pass my house my 67 Galaxie looks like I don't drive it enough so it must be inop. IS THIS LEGAL? can a cop just knock on your door and force you to crank up your car for them?
I called all morning to the police station to complain about the harassment but I got transferred 3 times before I ended up leaving a message on their answering service. of course no call back yet. I thought about going to Richland County Sheriffs Office in person to complain but if this cop was an example of the police force they might plant a gun or drugs on me and have me locked up.
THIS CAN'T BE LEGAL, can it?

[primetime]

by the way, I went ahead and drove it to my back yard 2 hours later. so he can't 'legally' tow it. I think he just wanted my car without wanting to pay for it.

[54blackhornet]

Another example of how far government has sunk in the past few decades ! Instead of that guy looking for something constructive to do at 7:30 AM, he goes around doing this stupid crap ! You better put in the back , cover it up good till you can enjoy it. Don't let it get to you ! It's just the times we live in, I moved to Oregon, East side to get away from people like him.......

[Molberg]

I'm sorry about your ordeal... But thanks for the laugh. Lol. I thought this kinda stuff only happened to me.

[kcsa75]

I don't know if it's legal or not, but that shouldn't be too hard to find out. Call your city or county code enforcement office and ask them. A $1,000 fine sounds a little extreme.

[leddzepp]

Originally Posted by primetime

I think he just wanted my car without wanting to pay for it.

I think so too

[motornut]

yikes thats sucks
i've dealt with "bylaw" here in the city,not so much outa town
my "cut-top-less" had bylaw stop a few times,
covered with a tarp it looked junky I guess lol
then somebody broke the back burb window,tarped it ,
they came back, put plastic,while looking for one,
came back again had to put it in the back yard too
and yes had to start/run,licence valid

[LONGHAIR]

Legality is more a matter of the city, township, or even "home owner's association". You are somewhat at the mercy of these local "authorities". To me, "code enforcement" sounds like city, that's where I would start.
$1000 sounds excessive, especially with no previous warning. He may be right, by "the letter of the law", but that doesn't make it acceptable. By this theory your daily driver would qualify for the same fine if the battery was removed while you borrowed a car to go to the autoparts store to trade it in....

There are lots of poorly worded, not well though-out, laws

[cdowns]

i think you have a neighbor that called and complained about your vehicles

[midniteblues]

I'm pretty sure they gotta give you some kinda warning first before slapping a massive fine like that on you.

in my old house i had two written warnings before the fine glad i dont live around there anymore

[ho70]

take pics of your car in the front lot and of the engine etc then a video of it running and goto court. Judges hate attitude so.....relax and explain your story. Also, get a copy of the bylaws before you go

[zeldman]

I understand you are upset, and yes, $1000.00 is high. But who had a problem with who? From reading your post I can clearly see you had a problem with the officer in question. The burden of proof was on you, not the cop or code enforcement officer. You car apparently has been sitting for a long time and there is probably a record of how long it has sat there. Probably from a neighbor. All you had to do was crank up the car. Problem solved. No fine, probably at most the officer stating that any vehicle parked must be operational. I noticed you didnt state whether or not you have current registration and proof of financial responsibilty (insurance ID card) or not.

I am reading your post, your side of the story and it seems to me that this problem was easily solvable, but you choose to be difficult instead. I dont know you or the officer, I dont know your city ordinances, or home owners association rule, if any. I dont know if you live in a house, apartment, condo, mothers basement or in a shack behind a barn. It appears that their must be an abandoned/dissabled car ordinance and that the officer was just doing his job, so yes, IT IS LEGAL for a law enforcement officer or code enforcement officer to do his/her job. You might not like it but it is legal.

You probably dont like me for what I say, and I dont care if you do or not, I am going off of your story, your words. If you really want to complain, write a letter to the city attorney, city manager, city council and police chief, and maybe state police. Then it is on record because of course you have a copy and sent it registered so you know when it was delivered and who signed for it. But be very prepared to prove your point. But more easily you can probably get the ticket dismissed by driving the car to the court appearance and having in your hand proof that the car was current on registration and insurance on the date the ticket was given to you. Might even try to say that the new battery was on the charger getting a full charge before you put it in the car.

Again, sorry for the problem but this sounds like it was easily solvable from the begining.

[TxTan]

Originally Posted by midniteblues

I'm pretty sure they gotta give you some kinda warning first before slapping a massive fine like that on you.

in my old house i had two written warnings before the fine glad i dont live around there anymore

Unless the Department the officer works for has some kind of uniform enforcement policy, he gets to use his discretion when it comes to giving tickets or warnings. Usually pissing off the Police will not end with a warning!

Like Patrick Swayze said in Roadhouse.....Be nice:-)

[71swb4x4]

I agree wholeheartedly with zeldman. What did you expect the guy to do, show up with a bouquet of flowers and ask you out to lunch? He began with some simple questions and you gave him the runaround.
If I was you my next step would be to get the car running, and drive to city hall and try to talk to him again. Explain that it was early in the morning, and he caught you off guard. Tell him you didn't mean to give him a hard time but that you didn't know him from Adam and you weren't sure he was who he said he was. Politely ask him if you can get the ticket waived.

Could the code enforcement officer started the conversation better? Absolutely. Does him being a little rude make what he did illegal? No. Can you imagine doing that guy's job? Being a code enforcement officer has to be one of the worst jobs there is. It doesn't excuse him for being rude, but it does explain it.

It is your job to know the laws and city ordinances where you live. If you break them then you ask for forgiveness, if that doesn't work you pay the fine and learn from that incident.

[truckdude239]

No numbers on the badge would tip.me off that something is not right. The badges always have numbers

[slow-1]

According to the Richland County (SC) Sheriff's Dept website:

"Inoperable Vehicles - Any motor vehicle that is not (1) capable of operating in accordance with South Carolina law or (2) capable of moving under its own power is considered an inoperative vehicle. All such vehicles must be operable unless they are (a) parked in a garage or carport, or (b) are covered by a fitted cover and cannot be seen from the roadway."

So if you can drive the car to the back yard, it is not a violating car...I would call SGT 1st Class Weaver and talk it over with him.

http://www.rcsd.net/comm/codesenf-off.htm

[71K20chevy]

Whenever you own an old car, restored or unrestored, never live close to people. They get all snobby because we drive real American steel that costs so much less.

[marvgarr68]

Originally Posted by zeldman

I understand you are upset, and yes, $1000.00 is high. But who had a problem with who? From reading your post I can clearly see you had a problem with the officer in question. The burden of proof was on you, not the cop or code enforcement officer. You car apparently has been sitting for a long time and there is probably a record of how long it has sat there. Probably from a neighbor. All you had to do was crank up the car. Problem solved. No fine, probably at most the officer stating that any vehicle parked must be operational. I noticed you didnt state whether or not you have current registration and proof of financial responsibilty (insurance ID card) or not.

I am reading your post, your side of the story and it seems to me that this problem was easily solvable, but you choose to be difficult instead. I dont know you or the officer, I dont know your city ordinances, or home owners association rule, if any. I dont know if you live in a house, apartment, condo, mothers basement or in a shack behind a barn. It appears that their must be an abandoned/dissabled car ordinance and that the officer was just doing his job, so yes, IT IS LEGAL for a law enforcement officer or code enforcement officer to do his/her job. You might not like it but it is legal.

You probably dont like me for what I say, and I dont care if you do or not, I am going off of your story, your words. If you really want to complain, write a letter to the city attorney, city manager, city council and police chief, and maybe state police. Then it is on record because of course you have a copy and sent it registered so you know when it was delivered and who signed for it. But be very prepared to prove your point. But more easily you can probably get the ticket dismissed by driving the car to the court appearance and having in your hand proof that the car was current on registration and insurance on the date the ticket was given to you. Might even try to say that the new battery was on the charger getting a full charge before you put it in the car.

Again, sorry for the problem but this sounds like it was easily solvable from the begining.

I feel this is wrong. If a cop came on my property and did not announce he was a code officer then he is wrong. I also would not ruin my cars engine by starting it in 28 deg weather so the cop can see it run and then shut it off with out a complete warm up. I would have done the same thing as prime time did. This is just government going over there limits again. Prime time you could of also told him to get off private property. People need to stand up to these government officials or they will keep controlling us. I'm sure he didn't go down the street to someone who has 3 Prius's in there yard. I am sorry I stay legal with the law as fare as insurance, registration, and speeding goes but to say what cars I can have no way.

[primetime]

Thanks marvgarr68. My car is ltagged and ensured and drivable. and I feel like any other man would react as I did considering they were in my place.
Thanks zeldman for your opinion. No, I don't hate you for stating your opinion, it's yours and I don't even know you.
Thanks slow-1 I had been calling the office number all yesterday morning and ended up leaving a messages. No one will return my call. At this point I don't trust them to go in person and dispute this.
71swb4x4 thanks for your opinion. No I don't expect the officer to come to my door with flowers or deny that he has a crappy job. But what I do expect is that when he puts on that uniform he should be professional. All the way until he gets off work and take that uniform off. At that time he can ponder where he went wrong in life to end up with that job. But be professional when you are in uniform.
Thanks Ho70 I have plenty of videos of it running. I even drove it later that day to put it in my back yard after he left. I appreciate the advice.
Longhair that is my exact point I'm trying to make. Can cops just come to your house and force you to start your car for them? My 67 runs and drives. Has insurance and tags on it. It was parked next to my wife's SUV in my driveway of my house I bought 8 years ago.
Can a cop randomly select you to jump through his hoops? He targeted my classic. Would he if it was an impala instead of ford galaxie?

[Liz]

perhaps he would... doubt its a chevy vs ford deal.

I probably would had been an ass back as well, however, that also will sting you in the end.. We all know, no matter how assy an authority figure is, if you treat them with respect you get farther faster. Get more bees with honey etc etc.. not preaching, just not doubting they are ignoring your calls either. Who wants to deal with an irate customer. Call the mayor, news, town council etc.. just BE NICE

[zeldman]

The question asked was is this legal. Sorry guys, but the answer is yes. It is legal for a law enforcment officer to do his/her job, no matter what you think. In fact it doesnt matter what you think, it is still legal. Now I ask a question, if your house was broken into and items are stolen, will you refuse to answer questions from the investigator?

All too common people want the police to do their job but dont you dare give me a ticket for speeding in a school zone, go out and catch real criminals.

If I would have been in your shoes, I would have either started the car, or explained I need to be at work in 15 minutes. Meet me here this evening a 7pm and I will be happy to start the car for you and take you for a quick cruise, but that is just me.

If you really want to complain, dont use a phone. Use a letter. There is a possibility to get the ticket dismissed if you want to try.

[primetime]

Well once again thank you guys for all the opinions you offered. It helped me shift through what I should do next and outcomes of some of those routes.
I called back several times to different officers within the sheriff department. Everyone tells me how it could be avoided, but not if this was legal or not legal. So I get how it could be avoided by why is my question being avoided?
Long story short I invited them to come out again at a decent hour when it's warm. I have my car running. He comes back out and we talk for a while. And he will not admit his wrong doing but says he was trying to be proactive at his job. I'm not a complete dick so I don't engage him on that. He tells me that his boss would have returned my call except for he was busy at the courthouse this morning and couldn't make it (I'm still not taking the bait to argue). He told me no neighbor called about my car but he saw the day I brought it home (2 months ago). He also said he used to own a 79 cobra and misses it. On that remark I responded, well my car isn't going no where. He told me everything checks out and I can park it back in my driveway. NOPE, so one day I come home and someone has towed my car away? No thank you.
But the biggest WTF was that this officer stated that I gave him conformation that my car was inoperable. That was his official statement. And was total crap. That is why what happened to me WAS INDEED ILLEGAL. If it wasn't, he would not had to lie about it, and his coworkers would not avoid answering my 1 question. So thank you thank you everyone who replied to my question and I do appreciate the ones that sympathized or gave me advice to follow. I knew I came to the correct forum to air my grievance.

[Tropical Snowstorm]

You told him it didn't have a battery in it, making it an inop vehicle by the letter of the law.

[primetime]

Originally Posted by zeldman

The question asked was is this legal. Sorry guys, but the answer is yes. It is legal for a law enforcment officer to do his/her job, no matter what you think. In fact it doesnt matter what you think, it is still legal. Now I ask a question, if your house was broken into and items are stolen, will you refuse to answer questions from the investigator?

All too common people want the police to do their job but dont you dare give me a ticket for speeding in a school zone, go out and catch real criminals.

If I would have been in your shoes, I would have either started the car, or explained I need to be at work in 15 minutes. Meet me here this evening a 7pm and I will be happy to start the car for you and take you for a quick cruise, but that is just me.

If you really want to complain, dont use a phone. Use a letter. There is a possibility to get the ticket dismissed if you want to try.

Hey thanks Zeldman for your input. It's always good to step back and try to see a situation from someone else's point of view.
I don't see my circumstances as you did with a speeding ticket. I compare it as follows: cop knocks on your door and ask is that your car in the driveway sir? You say yes. Cop asks do you have beer in the refrigerator sir? You say yes. Cop says you are under arrest for drinking and driving. OR you can stand in your yard and do this field sobriety test and breathalyzer to prove otherwise.
See what I'm saying here? It is their job to arrest drunk drivers, but does the fact the law exist make it apply to you?

[leddzepp]

Originally Posted by primetime

At that time he can ponder where he went wrong in life to end up with that job.