Question
What is a common synthesized rule for Case #1, Case #2, Case #3 and Case #4? Statute: No person shall bring a vehicle into a
What is a common synthesized rule for Case #1, Case #2, Case #3 and Case #4?
Statute: "No person shall bring a vehicle into a city park."
Case 1: Ambulance Driver
Facts: A boy fell through the ice in the park, and an ambulance driver brought an ambulance into the park to save the boy.
Issue:Did the ambulance driver violate Statute #1?
Holding:No, there's an exception for necessity.
Reasoning:The purpose of the "no vehicle" statute is to protect people in the park and park property from unnecessary disruption. Here, the ambulance was necessary to save a human life.
Case 2: Tree Trimmer
Facts:A tree trimmer hired by the city entered the park to trim dead branches off the trees.He brought a cherry picker into the park to reach the trees and haul away the branches.
Issue: Does the "necessity" defense apply to the tree trimmer?
Holding: Yes, the tree trimmer's vehicle was also a necessity.
Reasoning:Prior case law has held that Statute #1 is not violated where a vehicle is necessary to save a human life.Here, although no life was at stake, the tree trimmer's vehicle was necessary for two city purposes: to prevent dead limbs from falling on people, and to beautify the park, which was another purpose for enacting the statute.
Case 3: Ice Cream Cart
Facts: A man selling ice cream from a two-wheeled push cart was cited for violating the statute.
Issue: Is a two-wheeled push cart a vehicle under Statute #1?
Holding: Yes, the ice cream cart is a vehicle within the meaning of the statute.
Reasoning: The cart has wheels and is used to store ice cream.Although the cart remains on the sidewalk, people eating ice cream leave their wrappers on the grass. Therefore, the vehicle violates the statute's purpose.
Case 4: Skate Boarders
Facts: Twelve year old kids rode skateboards through the park at 10:00 p.m.
Issue: Is a skateboard a vehicle under Statute #1?
Holding: Yes, a skateboard is a vehicle, and therefore the kids violated Statute #1.
Reasoning: The purpose of the statute is to protect people and park grounds. Here, skateboards have wheels, are dangerous, and ruin grass. Therefore, they are vehicles within the meaning of the statute.
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