Ordinance Restricting Storage and Parking of Recreational Vehicles on Private Property Held Constitutional

On May 2, 2011, in Disney v. City of Concord, the California Court of Appeal, First Appellate District held that an ordinance regulating the storage and parking of recreational vehicles, including boats and other recreational equipment, on residential property was within the City of Concord’s police power.

The ordinance at issue generally prohibits the storage of recreational vehicles on front yards and driveways and requires that recreational vehicles stored in side and rear yards be located behind a six-foot high opaque fence. In addition, the ordinance limits the length of time that a recreational vehicle can be parked in a driveway for purposes of loading or unloading to 72 hours before or after a trip.

The plaintiff filed suit against the City arguing, among other things, that the ordinance exceeded the City’s police power because it was adopted primarily out of concern for community aesthetics. The Court rejected the plaintiff’s argument, reasoning that it is well established that the concept of public welfare includes aesthetic values. The Court also noted that the ordinance is “typical” as nearly all of the cities in Contra Costa County regulate the storage of recreational vehicles on private property to some extent.

For the complete opinion, click here.