Legal minds, do I have a cause of action against people who rake their leaves into the street?

[taterguy]

It's a violation of our city code but since the city doesn't enforce it I was wondering if I could hire a private attorney to drag some of these scumbags into court and force them to obey the law.

Thanking you in advance for sharing your wisdom.

[liberal N proud]

1. Most cities in our area have leaf collections

You rake your leave to the street they vacuum them up.

I take half my leaves to the street and mulch the rest my self.

[CTyankee]

118. Really? I consider that a no no. We gather up our leaves in large paper bags and

leave them curbside for the city to pick up. It is illegal in New Haven to rake your leaves to the street. We rake up and bag ALL of our leaves and the city picks them up...

[liberal N proud]

121. The city picks them up, we just don't have to bag them

Rake them into piles along the curb, they collect them with a big vacuum.

No paper or plastic bags consumed. I refuse to sacrifice one tree (paper bags) to collect the dropping from another.

[CTyankee]

131. I like that idea...don't know why New Haven doesn't do it but considering

our lovely mayor, John DeStefano (whose incompetence brought you the "Ricci" Supreme Court case), it's a wonder they pick up the leaves at all...

[madokie]

130. I put a plug in the outlet to the mower deck

then mow in the opposite direction so as to attempt to throw the cutting back towards where I haven't mowed yet and make sure on the next pass to overlap enough to pick up the little trail of chopped up leaves that'll be left where the plug is and continue until I have one line of mulched leaves and go back and forth over it until it is gone. My yard will look as good as it did after the first mowing of the season and I haven't bagged a leaf. I've done it once already this season and will again when the rest of the leaves drop. My neighbor used to used a bagger on his mower and worry with that all day until he seen how effective my system is and now he does it the same way as I do All the raking I have to do is pull the leaves back from the house foundation and from the trees and shrubs etc where I can get at them with my mower.

[liberal N proud]

135. I have used a similar process in the past

This year was the first year for the city collection. I still mulched the back half of the yard.

I have so many oak trees on my lot and an adjacent lot that the leaves get 1 - 2 feet deep before I even start. The leaves I blew to the street were piled 5 feet high along the entire length of my lot.

I consider the mulching process good for the lawn as it generates a compost that breaks down into the soil.

[madokie]

139. I couldn't imagine that many leaves

We have leaves but nothing like that.

[lonestarnot]

2. Better than piles of dogshit in the street, not enforced either.

Greater things to nag about, sorry.

[Robb]

3. Hangin's too good for 'em.

:D

I have no idea. But I'm looking forward to the responses.

[ChairmanAgnostic]

4. heh. my town WANTS us to rake them there. They pick it up with

a huge vacuum truck they bought.

It prevents people from burning them, they compost the leaves, and the streets are clean pretty soon.

It also helps that there is a weird convoluted wind pattern around my house. I must have 40 trees and leafy bushes, and my neighbors all have large, tall trees. None of their leaves ever seem to land in my yard, and the winds somehow take all my leaves and blow them over the fence onto their lands. I have never had to rake, and that's depsite having a 5 foot Great Pyre fence.

[GoCubsGo]

75. My city, too.

In fact, all yard waste gets picked up. They have a big dumpster truck with an arm with a scoop on it. We're not supposed to put anything out into the street until the night before collection day, but hardly anyone adheres to that. Going through the neighborhood is like driving an obstacle course this time of year.

[MH1]

123. Ha!!! YOU must be one of my neighbors!

seriously, I am on the other side of the "wind effect" - I can rake my yard clean but then I'll just get the neighbors' leaves in a day or two. Ah well, it's good exercise, I guess. :)

[ixion]

5. It sounds like life is pretty good for you

if that is your biggest problem. :hi:

[lapfog_1]

6. Do you belong to a HOA?

if so, they likely have a rule somewhere that states that homeowners must obey city code when maintaining their homes / grounds (probably domiciles or property in legalese).

The HOA could cite them, and sue them if they continue non-compliance.

I'm a little surprised at the city not enforcing this, as storm runoff choked with leaves and debris going into the storm sewers is a major problem (and expensive). Either the city has to pay to clean up the obstruction from the storm sewer OR you now have a major flood hazard. Both are expensive.

Try calling the city engineers office again. He or She might be able to explain it to the council or mayor and attach $$$ numbers, which might in turn motivate them into taking action.

[stray cat]

7. Thats what we were suppose to do where I lived so the city could pick it up

It was responsible behavior

[John Q. Citizen]

8. No. Just like you can't sue peole who smoke a joint, or who are parked at an expired meter.

Where I live, everyone puts their leaves into the street and the city comes by and picks them up and then composts them.

You can sue someone, generally, if they have cost you something, or damaged something. How much money are you out because somebody put their leaves in the street?
(i mean successfully sue, anyone can sue for anything but suing isn't winning)

Have you tried calling the city to get them to enforce it? How about the police department?

You might have better luck suing the city to get them to enforce their own laws.

[taterguy]

13. If I get hit by a car while avoiding a leaf pile my heirs would have a lot of damages

But since I wouldn't be around I'd rather not have that situation arise in the first place

[Libertas1776]

9. Raking into the street...

what an asshole. That stuff is a real pisser. At our house, our property extends to the other side of the street since there is no house behind us. Instead, it is basically a fenced in little piece of woods. We only moved in a couple of years ago, but hat we found out was that the people on the other side of the street had been dumping there leaves into the woods for years. Well, we put a stop to that. Of course, occasionally we catch people still dumping and sometimes we end up having arguments when they justify they're actions by saying "Well we've been doing it for 20 years." Oh, really? Well, I live here now ass hat and I don't want you dumping leaves on my fucking property. Come Fall, leaves are truly the bane of one's existence. :mad:

[Laelth]

10. Probably not.

Most criminal offenses do not give rise to a private right of action. You'd have to look at your specific municipal code to determine whether that particular criminal law gives rise to a private right of action against the criminal offender.

Sounds like your best recourse is to report the criminal violation to the police and hope that criminal sanctions will force the offender to comply with the law.

If your local police and your local DA refuse to enforce this criminal law, there's probably nothing you can do (other than to try to elect a new Chief of Police and/or a new D.A. in the next election).

:dem:

-Laelth

[MineralMan]

11. Here in Saint Paul, they sweep the streets once all the leaves

are down. You're not supposed to rake leaves into the street, but lots of people do. No citations are ever issued.

For myself, I discovered that if I put the mulching attachment on my mower and wait until all the leaves are down, two passes grind the leaves up into tiny particles and deposit them back on the lawn, where they decompose over the winter and fertilize the lawn.

I even raked the leaves off the driveway onto the lawn before this mulching process.

Tip: If you do this, lower your lawnmower deck to crop the grass short for the winter and to keep the leaves under the mower deck for mulching.

[Blue_In_AK]

61. We do that, too.

Some leaves go back into the ground and others go in my compost bin.

[MH1]

124. I tried that. Too many leaves, mower doesn't grind well enough

Now I put some at the street, some into the woods, some into the compost. Early and late do get mulched.

[quaker bill]

12. Most codes

have a procedure for bringing a "verified complaint" that would, after proper notice, a timeframe (usually 30 days), and continued inaction to enforce, allow you standing to bring action on your own and bill government for the costs involved.

This would seem to be an awful lot of trouble to go to for some leaves in the street. Further, trust me, if you do it, you will make committed enemies of your neighbors, so never violate any code youself forever after (and I mean decades). Personally, I would just collect the leaves, compost them, and grow lovely tomatoes in the compost....

[lonestarnot]

14. No you wouldn't! You're too damned lazy!

:evilgrin:

[quaker bill]

24. Actually I do

but I generally find the leaves that fall in my own yard sufficient for the task.

[lonestarnot]

99. Blessed is the peace maker for he shall inherit the earth!

:hug:

[taterguy]

16. It's not my neighbors but the people a couple miles away on my way to work

Those are the ones creating a hazard

[Blue_In_AK]

62. If you had put that in your original post

I wouldn't have made my comment about composting. I had not read the entire thread before replying.

[HopeHoops]

15. Curiously, that IS our township code - rake the leaves into the street.

They don't want to pay for them to go to the landfill/incinerator so the day after trash pickup a giant vacuum cleaner on wheels comes around and sucks them all up. I just mow over them and let them mulch the yard. Screw raking.

On Edit:

What do they do with them? They add them to the township compost pile. You can get free compost if you are a resident, but I don't really trust what people might put into the pile so I won't use it on my vegetable garden. One of my (many) Republican neighbors does and I'll admit he gets some large produce, but the squash he gave me last year had a, well, photographic chemical smell to it. Blech.

[rucky]

17. We have a giant leaf-sucking truck that comes around twice a season.

Not defending this poor schmuck if he's waiting for that truck in your neighborhood. Maybe he's from somewhere else, and thinks all cities do that?

[Individualist]

18. My town requires raking to the curbside but prohibits raking into the street.

The City code states: Leaves raked into piles and windrows for collection during the leaf
season as defined in § 17-111, item (3) shall be collected at curbside only. The
placing of leaves in public streets, gutters or over storm drains is expressly
prohibited.

I would think people could be fined for raking leaves into the streets here.

[Dogmudgeon]

19. Leaf-Rakers = "Scumbags"?

That must have been one seriously large pile of leaves!

--d!
"When you can snatch the Gypsy Moth from my hand, Grasshopper, it is time for you to leaf."
(Master Po)

[Diane R]

20. If you can solve this, I'll invite you over to have a talk with our (inconsiderate) neighbor.

He not only blows his leaves into the street, but he plows all the snow from his long driveway into the street....it was a real mess last year when we got over 90 inches of snow.

[snagglepuss]

21. LOL. Until I read the other posts I thought you were angry about the

scrapping noise rakes make on sidewalks! I was about to suggest that you ask your neighbours to use brooms.:rofl:

[morningglory]

22. I would grab them and put them into my compost pile. Good stuff! nt

[Name removed]

23. Deleted message

Message removed by moderator. Click here to review the message board rules.

[taterguy]

25. Is that your legal opinion?

[applegrove]

26. In the village I grew up in you used to purposely leave a long pile of leaves

on the edge of your property. Then a truck with a vacuum hose would come along and suck them up.

[taterguy]

27. Well if you took the time to read my OP you'd realize that's not the case where I live

[applegrove]

28. Oh I know. Sorry you have to put up with messy neighbours.

[taterguy]

29. If you read Post 16 you'd realize it's not my neighbors or the mess that's the problem

[LWolf]

30. I'm so glad that I live rurally.

I can do whatever I want with my leaves without my neighbors bitching about it.

Do blowers/vacuums travel your street to suck up leaves? If so, then he's doing nothing wrong.

Do you just find autumn leaves unsightly? I don't mean to criticize. I'm tired, I've been sick, my family, all of them, are struggling from paycheck to paycheck in this recession, and I'm watching my profession further degraded while the nation happily swings further to the right behind a Democratic administration. Piles of leaves are familiar and comforting in comparison.

If you can afford to hire an attorney to force someone to follow the law, why not start with those whose offenses have a bigger impact?

Like the Bush administration, for example.

[taterguy]

31. The leaves are a traffic hazard

Which is one of the reasons it's a violation of the city code to put them in the street.

What's this "Doing nothing wrong" crap?

[LWolf]

36. It's not wrong if

the city sends vacuums.

Yours obviously doesn't, if there is a code.

What kind of a code covers leaf disposal?

[taterguy]

100. Article I, Section 26.6 (c) (Emphasis added). The section deals with waste collection

During this period, leaves shall not be mixed with other waste material, shall not be placed in the travelway of the street, and may only be containerized as set out in subsection 26-3(f).

ps: My city does send a vacuum truck out, but they don't want the leaves in the travelway for what I thought were obvious reasons.

[LWolf]

101. Then it sounds like

a phone call to report the violation should result in something. I'm sure you already tried that; is there an effort to enforce it?

[taterguy]

103. No effort to enforce it which is why I'm asking if other methods would be viable

[Xithras]

117. The question, then, is:What is the city's definition of "travelway"?

The ordinances in the town I grew up in were quite specific. Leaves were to be raked into the street but gutters were to be kept clear. No leaf pile could be over 3 feet tall, and it could not extend more than four feet outward from the curb. People ended up with long rows of leaves in front of their house as a result.

So the question is simply: How does the city define travelway?

By the way, this is another reason I love rural living nowadays. I rake my leaves and other garden refuse into a big pile over time, and a few times a year just set the whole thing on fire. The ashes do wonders in my garden.

[taterguy]

119. Travelway = street

According to the code, leaves are to be left at the curb

[Xithras]

138. Is that your definition or the cities?

Again, most cities and states have ordinances defining which portions of the road are for vehicular traffic, and which portions are medians available for parking, biking, or whatever. If your city or state declares that a certain portion of the road surface is "median" for uses other than vehicular traffic, it may genuinely not qualify as a "travelway". I don't know your community or this specific section of roadway, but it's fairly unusual for the police to ignore a genuine traffic hazard.

And "at the curb" may mean either in the street or above the curb, depending on local ordinance. "In the street" has been the common interpretation in every city I've ever lived in. Most cities, fearing liability, will not pick up items that are on private property.

[taterguy]

140. Er, as far as I'm concerned biking is vehicular traffic

I think that is part of the problem though.

In my town there aren't many cyclists so there's no concern about hazards to cyclists.

And based on a lot of replies in this thread I think that mentality is quite widespread.

Just for the record, a lot of the leaf piles in question extend far into what anyone would consider the road. Cars do have to alter their path to avoid them. There's still room for the cars but sometimes it can be a tight squeeze, especially if two SUVs happen to be approaching each other at the wrong spot.

[dysfunctional press]

32. why don't you call the cops and ask them...?

i'm sure that they could use a good laugh too...

:rofl: :rofl: :rofl:

[taterguy]

37. I'm asking if there's civil relief

And in my town police only handle criminal matters

[dysfunctional press]

53. this is america- you can sue anybody for just about anything...

so go for it...

:rofl: :rofl: :rofl: :rofl:

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[pitohui]

34. i think the lawyer money would be better spent on some kind of therapy/counseling

why would you even notice if your neighbors raked their leaves into the street?

me, i just leave the leaves where they fall, if you rake and water your lawn, it only encourages it, and down south we have to mow 40 weeks out of the year anyways, why go for all 52 by removing some small obstacle to the grass reaching for the stars...

what gets my goat is stupid ass neighbors who rake leaves into a pile and start fires, THAT'S fucking dangerous, esp. in dry weeks/years/droughts

just leave a leaf where nature intended and go about your day and be happy, is my advice

i haven't raked in 20 yrs and no one has called the cops yet...

and raking leaves to put in bags to put in landfills or whatever, what a terrible waste of environmental resources!!!

post script -- as another poster pointed out, once you have tried to hassle your neighbors, don't ever go on vacation and let the grass grow long, don't ever let your dog accidentally get out, don't ever accidently do anything against code again, because you. will. be. fucked.

creating enemies over nothing is never the best use of your limited time on this earth

[Shell Beau]

67. I certainly can not answer for him, but my guess as to why he notices is that it causes him

problems while he is riding his bike and trying to dodge the piles.

[Cleita]

35. I compost what I rake. Maybe you could organize a block meeting or

something like that to show neighbors just how easy it is to pile leaves and other gardening organic debris into a space to compost. Mine is 3X3 and 4 feet high. Just stir it around every now and then with a pitch fork and water it. Nice dirt to spread in your yard in no time for spring.

[LaydeeBug]

38. wow. I've got to tell you that I wanted to go through my leaves in the street when I saw this

because there are so many OTHER waaaaaaaaay more important problems than this, and suggesting suing, or something spiteful is really just kinda silly, and what I would think a freeper would do. Why not extend a helping hand? Maybe they don't know about the ordinance. or maybe your town really isn't that interested in enforcing it? There are lots of bullshit laws on the books. Like in the state of Maryland, oral sex is technically illegal. But who's enforcing that? :shrug:

[taterguy]

39. Oral sex would only endanger traffic if someone did it while driving

[donheld]

86. +1

I think the OP'er needs to get a life

[rucky]

40. BTW, have you talked to the homeowner?

seems like a place to start.

[taterguy]

42. Talked to one I caught in the act yesterday

He was quite hostile.

Said they had to go in the street because otherwise they would kill his grass.

[rucky]

44. I'd just call the city and report it.

I don't see the cost/benefit of making a civil case out of this. You have to show damages to collect damages. Potential damages aren't strong enough to sway an award in your favor. That's what code enforcement is for - to prevent potential damages.

I'm in the same pickle with our city and neighbor. There's a building next to my wife's shop that's been abandoned for nearly three years. There's strange smells, broken glass, kids & drug users sneaking in. The city won't do a damn thing. We've been patient, but it's time to force the building owner's hand. We're calling the EPA about the smells and hope an investigation will get someone's attention. If they can prove an environmental hazard, and the city's inaction to our complaints, then there's a case for negligence.

[Blue_In_AK]

41. Pick them up and put them in your compost bin.

[taterguy]

57. How am I supposed to transport a giant pile of leaves over one mile on a bicycle?

Got any more brilliant ideas Einstein?

[Ghost in the Machine]

71. Shove them up your ass?

:shrug:


Well... you asked, didn't you?

[Warren DeMontague]

78. *

:spray:

[taterguy]

92. Is that hostility really necessary?

:shrug:

[MH1]

126. get one of those bicycle trailer things and make a few trips

:)

and you're wondering if the hostility is "really necessary"?

[BlooInBloo]

43. Posting in a lolthread.

[HughMoran]

45. Only if it rains, then you skid out of control and die

Then you might have a chance at winning ;)

[taterguy]

46. Dead men can't sue

[taterguy]

48. Of if I'm on a bike and move in front of traffic while I'm avoiding leaves

Which happens every god damn day

[HughMoran]

50. The wet leaves in front of my shed are almost as slippery as ice

I nearly busted my ass a couple of times last week.

[taterguy]

51. Not much fun on thin slick tires doing 30+ mph either

[HughMoran]

52. Nope, 'cause you likley wouldn't consider riding when the road is icy

...but the leaves can get you before you know what hit you

POW!!

[Dappleganger]

47. You're lucky you have

so much time on your hands to pursue that kind of twaddle.

Most of us have real problems to deal with in our lives. Who rakes their leaves where is no concern of mine.

[taterguy]

49. If you had taken the time to read the thread you'd realize it's a real problem

[dysfunctional press]

54. of course it is.

:rofl: :rofl: :rofl: :rofl: :rofl:

[Violet_Crumble]

60. Have you read post 58 about the kid being killed?

I'm not sure what yr issue is. Are you a member of that militant group, Friends Of The Leaves?

[dysfunctional press]

83. that sounds like possibly one of the youngest darwin award winners on record.

although ultimately that would be the fault of the parents, not the leaves.

who WAS it who said "teach thy children well"...? :shrug:

[Violet_Crumble]

85. Nah, it's the fault of the lazy fucker who dumped their leaves there...

I'm so not into blaming the victim like you are. Guess yr next step could be haranguing me coz I think that people where I live who let water run into the street are irresponsible wankers?

[dysfunctional press]

88. i didn't blame the victim.

i blamed the kid's stupid parents- they should have taught him enough to know not to play in a pile of leaves in the street- it's pretty basic stuff.

i don't know what to think of people who let water run into the street- i've never lived in a slum...:shrug:

[Violet_Crumble]

90. Yeah, you did in the title of yr post...

I'm blaming the lazy fucker who dumped the leaves there in the first place. It's their fault and what's pretty basic is that just coz some morons think they've got a right to dump stuff wherever they want, it can harm and in this case kill other people...

I don't know why yr going on about slums for. People don't have lawns and gardens where you live? They do here, and y'know back in the days when we were allowed to wash our cars in our driveways, lots of water used to run off into the street. Nowadays if I see anyone doing that, I'll dob them in and they can cop the huge fine for being irresponsible arseholes...

[dysfunctional press]

98. since he is(or was) a minor, blame reverts to the parents...

but he still gets the darwin.
it's always nice when you can clear the gene pool of the defective ones before they reach the age where they can pass on the stupid to progeny.

i don't know how it works in countries where a large part of the population is descended from convicts, but here in the states, the responsible parents teach their kids not to play in piles of leaves in the street. where we live, the city WANTS people to rake their leaves into the street, where they are collected by the public works department. the truly lazy fuckers are the ones that don't bother raking them at all.

[Dappleganger]

108. Again...

that's nothing compared to the problems which many are dealing with on this board.

*yawn*

[taterguy]

109. So what problems are acceptable for discussion?

Will you post a complete list so I don't trouble you in the future?

[MH1]

125. Um... if I may ... (ahem) .. if you had taken the time to explain in the OP

WHY it is a big problem for you (i.e. evidently you ride a bike everywhere instead of driving a car, which is commendable, but a little more risky with wet leaves all over the street)

then perhaps, just perhaps, you would have gotten more sympathy and less snark.

But most of us just react from our own frame of reference and I gotta admit, my first reaction was like many on this thread, "your life is so good that THIS is what you worry about?"

[taterguy]

127. The frame of reference thing is one of the most interesting things that developed from this thread

My frame of reference is that it's self-evident why leaves in the street are a serious hazard.

[Goblinmonger]

55. What exactly would be your injury?

They have done nothing to you, and, as a result, I would assume that the judge would throw the case out of court if you could even find a lawyer to take your case. They certainly wouldn't take it for free. I mean, I'm sure you could get a TRO to stop them from doing something illegal, but past that you aren't getting anywhere.

I recommend taking some deep cleansing breaths and see if you can't find a different way to work if it truly is that dangerous.

[taterguy]

56. Intentional infliction of emotional distress

And as for finding a safer route to work, how am I supposed to know when some asshole decides to fill the street with leaves?

[Blue_In_AK]

59. Excuse me, I didn't know all your circumstances.

We put our leaves (many of which blow over from the neighbors) in our compost bin. It seemed like a reasonable solution.

As for a cause of action, I don't think you have one. I've worked in and around the court system in Alaska since 1975; I've never heard of any claim like this.

Call your city and complain, but there's no cause here.

[taterguy]

64. I don't live in Alaska. Maybe the laws in my jurisdiction are different

Can someone help me out?

[Goblinmonger]

81. Call a lawyer, give them a retainer, and have them work on your case.

Seems easy enough. I would imagine that a relatively reputable attorney in your town would know the local and state statutes that are applicable. Some will give you the initial consultation for free to let you know if it is worth spending the money on the case.

[Goblinmonger]

65. I realize you are frustrated

but you think they are intentionally doing this to get you angry? Even if that were the case, your damages are minimal to none.

[taterguy]

66. It's an intentional act that inflicts emotional distress on me

And we're not just talking anger.

We're talking sheer terror when you have to make a split-second life or death decision; just because someone put their damn leaves in the street.

What's the legal definition of IIED in your jurisdiction?

[treestar]

76. Why did the city pass the ordinance

if it is so meaningless?

As a deputy district attorney once told me, the state has an interest in having its laws followed. Repeal them if they don't want to enforce it.

[Goblinmonger]

80. I didn't say it was meaningless. I was perhaps unclear.

I was talking about the merits of a civil lawsuit from one citizen against another for the second breaking the law.

[Cairycat]

58. A child in my town was killed by a car hitting him in a pile of leaves

in the street. Now it is illegal to rake your leaves in the street. Everyone who remembers the little boy being killed doesn't mind. The giant machine will eventually come around and suck them up off the parking (between sidewalk and street). But most people bag them up and have the city take them. One can also fill one's yard waste container and the city will take it for free this month. I do that with the leaves in the front yard; the back yard just naturally composts. I frankly don't understand the obsession with getting rid of every evidence of fall. Seems to me like it wastes a hell of a lot of energy.

[whoneedstickets]

63. Roll'em and smoke that leaf!

;)

[Roon]

68. My Grandfather used to make me blow the leaves out on the street

on street sweeping day so the leaves would get picked up. I HATED doing it..always knew it was wrong,but I did it like 4-6 times.

Then my Grandfather saw on the news that it was illegal and it was like a $999.99 fine. He doesn't have me do it anymore and he hires out the job now.

[Joanne98]

69. I supported you when you complained about us calling Orly Taitz...

Oily Taters! Now you're whining about leaves?
Petty petty tsk tsk!

[Roon]

70. My neighbor hood is packed full of 100 year old elms

This nut across the street had all the trees on his property removed when he moved in. The people next door to him had like 3 huge trees and they dropped leaves on his property to the point where it looked like he still had trees.

One fall, he took his blower and blew ALL the leaves through the split rail fence next door and left the leaves in a corner for his neighbor. ILLEGAL!! The neighbors called the cops and he got into some kind of trouble.

I was glad to see that asshole move. He sold his house and moved because of his neighbors. His neighbors were only renting and left three months after he did. They lived next to each other for 7 years. Ironic.

[dysfunctional press]

89. the person living next to you is a gangster...?

sounds like a rough neighborhood.

[OneTenthofOnePercent]

132. message deleted

[elleng]

72. I'd advise informing City, and informing 'violators' you've done so.

Might the prob be that City can't afford its OWN leaf collectors? A sign of the times.

[taterguy]

79. The only sign of the times is that people are inconsiderate assholes

The city collects leaves and tells you when they do it on their website.

You're just supposed to put them on the curb, not in the street.

[tabasco]

73. They can be prosecuted under federal statute.

The Heinous Vegetation Distribution Act of 1935.

Now make like a Viking and Leif me alone.

[treestar]

74. Depends on if you have a private right of action

The ordinance may or may not create that under state law.

Another way - call whoever is supposed to enforce it over and over until they do it to shut you up.

[havocmom]

84. Nah, being an annoyance is inviting them to look to harass you

Call whoever is supposed to enforce, they might not know. Call one time more if nothing is corrected. Then, if nothing is done, do one of two things:
1)Go to newspaper and suggest it might be a situation for which the town would incur liability for safety issues arising from non enforcement of its own rules. In a smaller town, the local paper is probably looking for things to make into issues so papers will sell ;)

2)Inquire about homeowner liability, and find out who the offender has his policy with

But always, ALWAYS be calm and overly civil. Hotheads get written off whether they have a really important complaint or not.

Finally, gee, wouldn't it be great if this was the only problem any of us had? ;)

[prolesunited]

77. The answer is

"Citizen's arrest! Citizen's arrest!"

[madmom]

82. We have a neighbor who mows he rather large front yard so that all the grass ends up in the

road. After a hard rain it does get rather slippery and that's not good since he is located just before a slight downward slope on a small S curve. No accidents yet because most people around here know about the curve and it's not a main road but if some one was not in the know.....?

[donheld]

87. I hear a symphony

:nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity: :nopity:
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[Taitertots]

91. You plan to hire a private attorney to try and sue them?

You do know it would cost less to just pay someone to clean the piles up.

[MadHound]

93. I'm just glad that you don't live in my neighborhood,

And immensely grateful for living in the country were this sort of obnoxious, busybody activity concerning such trivial activities is simply not present. Hell, you would probably have a nervous breakdown about my place, twenty acres with absolutely no leaves raked, but instead they fall down, become leaf litter and eventually nutrient rich soil.

[taterguy]

95. I wouldn't care if the leaves were on the soil

That way they wouldn't be in the street endangering my life.

Since when is concern for one's welfare trivial?

[theHandpuppet]

94. Hell, I can't even get my neighbors to use trash cans

If I ever saw them rake leaves I'd faint from shock.... but then they would first have to borrow my rake.

[Naturyl]

96. Are there really no more pressing issues than this?

People are "scumbags" for raking leaves into the street?

And no, I don't do it myself.

[taterguy]

97. Anyone who endangers the life of others for no good reason is a scumbag

Do you disagree?

[pipi_k]

102. Unnecessary drama, if you ask me, but

some people are into that sort of thing...


Are these the only neighbors who have put their leaves in the street?

If not, do you plan on bringing suit against everyone who does it?


If they are the only people who did it, and if what they've done is so emotionally traumatic, then what's the problem with being the bigger person and cleaning them up so you won't have to make an emergency life and death decision?

Really...what's wrong with doing that and then informing them of what you did and why. Then wait until next year and if they do it again, report them to the authorities.

I guess maybe I'm just one of those people who thinks it's a good thing to keep unnecessary drama at a minimum.

:shrug:

[taterguy]

104. What's wrong with reading a thread before posting a reply?

It's not one person that I'm concerned about.

It's anyone that puts a big leaf pile in the street that I have to dodge when I'm trying to get to work.

[proud2BlibKansan]

105. Set them on fire

Then you won't have to worry about them anymore.

[taterguy]

106. Well, I certainly wouldn't have to worry about my commute if I adopted that approach

[UTUSN]

107. Code Enforcement department of your city government.

Where you said that your cops handle criminal, not civil, matters, true to an extent. But sometimes getting a police report is the first step.

You also ask why the city passed an ordinance if they don't enforce it: Code Enforcement. There's a department for that. Somewhere.

Beyond that, you must have city commissioners, either At Large, or one for your own (district or precinct or whatever). Or: the city commissioners' meeting, where residents have a public comments section.

[UTUSN]

122. I'm miffed I gave you respectful answer/alternatives (unlike others) and am not acknowledged, but OH

WELL !1

[Midlodemocrat]

110. Dude. LOL!

:thumbsup:

[taterguy]

111. Last time I was in court my attorney said "Dude. LOL"

The judge was not amused

[Midlodemocrat]

112. Ah, yes. But I would have been.

Very.

:hug:

[Retrograde]

113. It's the city's tree, they can deal with the leaves

We have a pretty good city composting program where I live - they'll collect just about any yard cuttings and garden debris and compost it. However, they're the ones who decided to plant those accursed liquidambers all over, so they get to deal with the leaves: I sweep them to the curb and the street sweeper does something with them. One of the advantages of an urban environment - they sweep the streets weekly.

Right now some of the streets around here are filled with mashed acorns and gingko fruits - bleh.

[taterguy]

114. The leaves I dodge fall from trees on private property

But thanks for your input

:toast:

[MattBaggins]

115. Call the EPA and take the town to task for the environmental impact

Clean waters regulations.

Lot's of people; many right here on DU have no concept what so ever of environmental science. People thinks is great old idea to put leaves and yard debris in the road since in their worlds the vacuum trucks drive by every 5 minutes and that crap never makes it to the storm drains. No one stops to think what all that extra debris does to overwork the water treatment plants nor do they care what effect all that added organic matter has on the water system it is discharged into. These are the same folks that think garbage disposals are a great idea.

It's like digging a well; shitting in it, dumping food waste, yard debris and for added measure, old motor oil in it, and then drinking it.

How about large recycled paper bags; curbing them, and letting the city collect that.

[taterguy]

116. Some of the folks in my town have big damn trees

Most have 90 gallon yard waste bins.

They're still not big enough to hold the leaves.

And it's just easier to rake them into the street where they'll be someone else's problem.

[slackmaster]

120. Rake them into a pile in the middle of the street and set fire to them

The city will probably do something about it then.

[Shandris]

128. Just a shot in the dark here...

...but your wording in talking to people even here sounds very confrontational. I'll bet your neighbor WAS hostile if you came at him/her with this kind of attitude. I know I would be, even if you were justifiably concerned. Its not conducive to problem-solving.

Not to mention your portrayal of the...erm...'life-threatening situation' doesn't seem very life-threatening by any stretch of the imagination. Perhaps there's still some important piece of descriptive left out that I'm overlooking, but trying to equate 'that huge pile of leaves over there in the road' with 'split-second life-threatening decisions!' is a bit...out there. If I'm wrong, I apologize ahead of time. However, I do think you should step back and take a careful look at your perspective. When 9/10's of the board seems to agree on something (and that is rare!), there's usually a cause for it.

[taterguy]

129. The agreement is due to the car-centric nature of this site and society

Trust me. If you're biking to work and a 60 foot road suddenly becomes a 40 foot road then it's a big problem. Especially if it's raining, and you're on a hill, and you're carrying a large load of stuff in your backpack.

ps: The person I confronted wasn't a neighbor. Read the thread again.

pps: I'm much less confrontational in real life than I am on a quasi-anonymous message board.

[OneTenthofOnePercent]

133. Ban trees... that's the answer!

If trees weren't so widespread and had commonsense legislation (like bans) then they wouldn't be a stigma on society. Another piece of legislataion that needs to be a tight registry of rakes... espesially those large scary assault rakes with more than 30 tines. How many piles of leaves does suburban america need to witness before they say enough is enough...

[UTUSN]

134. This thread follows the pattern of flame bait::

1) The o.p. poses an issue or a question (but proves out in the end he doesn't want an authentic answer or discussion)

2) The replies fall into 2 categories:

a) Some take the bait & reply with flames---ridicule, put-downs, or smart remarks.
b) Some (a few) reply with "serious" alternatives or answers.


3) The o.p. dismisses or ignores all responses and keeps repeating the issue/question as though absolutely nothing has been said.

[BoneDaddy]

136. The humanity!

After reading DU for many years, I am convinced that people can become addicted to outrage and simply love being offended about aspects of life.

[snooper2]

137. I've seen it all now..

:rofl: