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From: Lee Huddleston (no email)
Date: Fri Oct 06 2006 - 17:47:42 EDT
If we help the Melbourne authorities draft an ordinance that accomplishes
what they want (keeping derelict boats from parking long-term in their
area) while it avoids damaging our needs and desires (free anchoring areas
for long-term cruisers) and if it is successful in taking care of both
tasks, we can then convince other communities all over the country, if not
the world, to adopt the same ordinance. It sounds too optimistic, but that
is exactly how both good and bad laws get spread.
There is no need for excessive legalizee or jargon. The plainer the
language, the better the law. Often poorly drafted laws are like
old-fashioned tuna nets, they sweep up dolphins and turtle as well as the
intended catch. The ordinance we need to draft for Melbourne should be as
precise as possible. What is it they do not want in their area? "Derelict"
is not sufficently specific. Fuzzy, general terms don't give the public
fair warning of what is and is not permitted. They also don't give enough
guidance to police officers who want to follow the law. Nor do they
constrain bad officers who want to work mischief.
Help come up with the correct language. What would be fair? What strikes
the correct balance between prevention of "blight" and freedom? It needs
to be something that is easily measured, like "boat must be moved every X
number of days" and/or "boat must be occupied X percent of the time."
Something like "boat must be maintained in seaworthy condition" may be
attractive, but it adds subjectivity. If we use that type of language we
should at least try to list elements that make a boat unseaworthy or
seaworthy.
We all like to complain about "them." Here is our opportunity to be
"them." If we show Melbourne that the cruising community is willing to
help find the solution rather than just being negative, we can build
rapport that may have far-reaching benefits.
Lee Huddleston
s/v Truelove
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