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Re: lv-ab: Melbourne Anchoring Ordinance - derelict boats

From: Sam Densler (no email)
Date: Sun Oct 08 2006 - 15:04:32 EDT

  • Next message: Sam Densler: "Re: lv-ab: Melbourne Anchoring Ordinance - another take"

    We just have to make sure we don't limit the long term anchoring of a
    seaworthy vessel similar to the parking situation you encountered when
    you left your perfectly good registered car in the parking space for a
    long period. Just because it is there for a long time does not mean it
    is abandoned or derelict. As long as it is maintained and registered,
    it should be legal.

    Sam

    Norman Johnson wrote:
    > I believe that derelict boats are by definition abandoned. If they are
    > abandoned, can they not be treated just as abandoned automobiles are?
    >
    >
    >
    > Norm
    > S/V Bandersnatch
    > Lying 30 07.7N 081 39.6W
    > Julington Creek Estuary FL
    >
    >
    >
    >
    >>[Original Message]
    >>From: Lee Huddleston <>
    >>To: <>
    >>Date: 10/6/2006 5:44:29 PM
    >>Subject: lv-ab: Melbourne Anchoring Ordinance
    >>
    >>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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    -- 
    ****************************
    Sam Densler
    mailto:
    http://www.islandfx.com/SSCT
    S/V Lady of the Lake
    PDQ 36, Hull #15
    Melbourne, FL
    S/V Stories She Could Tell
    Endeavour 37, Hull #454
    Destroyed by Hurricane Frances 2004
    ****************************
    "If you ever wonder why you ride the carousel,
    you do it for the stories you can tell."
    Jimmy Buffett
    "Stories We Could Tell"
    A1A
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