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Residents urge Town of Indian River Shores to relax pickup‑truck driveway ban
Summary
At a town workshop, residents told staff the ordinance banning non‑commercial pickup trucks from residential driveways between 7 p.m. and 7 a.m. is outdated and may conflict with state law; staff will supply a summary to council ahead of a May 28 discussion and no decision was made at the session.
Residents at a public workshop in the Town of Indian River Shores told staff on Thursday that the town’s ordinance barring non‑commercial pickup trucks from residential driveways between 7:00 p.m. and 7:00 a.m. should be amended, citing practical concerns and possible conflicts with Florida law.
The town manager, Jim Harping, opened the session as an information‑gathering meeting and said staff will provide a recording and summary to the town council for its May 28 meeting. Harping emphasized that there was no ordinance for formal consideration at the workshop and no vote was taken.
“T he town’s ordinance banning pickup trucks is legally vulnerable and would invite litigation,” said Terry Bowman, a Pebble Bay Estates resident who identified himself as an attorney, arguing the rule functions as an effective total ban and treats pickup trucks differently from similar vehicles. Bowman cited a 2024 state law, which he said reflects a shift away from aesthetic vehicle restrictions.
Manager Harping acknowledged the statute Bowman cited and identified it as Florida Statute 720.3075, noting the statute specifically addresses homeowners associations. “If you want to do some homework later, you can take a look at that,” Harping said.
Other residents reiterated practical reasons to allow pickups. “I’ve towed vehicles, hauled firewood and helped neighbors after storms,” said John Hearn of Pebble Bay South, describing neighborhood assistance he has provided with his truck. Wayne Summers of Beach Comr said he has kept his truck in his driveway for years without complaint and called the ordinance “outdated.” Michael Jones said requiring overnight garage parking affects how residents use their garages and creates a disparity between HOA rules and public‑street rules.
Rick Fairchild of Simol Lane told the workshop he was unaware of the ban when he bought his home and urged the town to find a compromise, suggesting possible limits such as weight or axle restrictions. He also referenced litigation that he said prompted statewide attention to HOA vehicle rules, saying an HOA suit in Dade County drew participation by Ford Motor Company as a friend of the court (transcript said “Date County” and is likely a reference to Dade County).
No specific ordinance language, motion or vote was presented at the workshop. Harping said staff will present the recorded comments and a summary to the town council at its May 28 meeting, where council members may direct staff to take further steps, including drafting proposed ordinance language.
The workshop record shows broad resident support for changing the current restriction; it also records concerns about legal exposure and how enforcement has been handled in recent years. The council will determine next steps after receiving staff’s summary at the May 28 meeting.
