Next message: Sam Densler: "Re: lv-ab: Melbourne Anchoring Ordinance - derelict boats"
Exactly why I am asking for some help from someone who has a law
background. Maybe someone knows of a city that has an anchoring
ordinance that we actually like? One that keeps out the derelict boats
but lets us live our lifestyle without being harassed? Are you all
telling me that with the thousands of miles we collectively have under
our hulls that we have not anchored in a town with a well written law?
Is Melbourne the only offending town in the sailing universe? We have
been complaining about Melbourne for years now and I think it is time to
put up or shut up.
Just my opinion, I could be wrong...
Sam
wrote:
> In a message dated 10/6/2006 12:37:25 PM Central Daylight Time,
> writes:
>
>>
>> Here is how they manipulated you, all the while seeming to be
>> sympathetic. (This was first class manipulation, by the way, very well
>> done for small town politicians, but I digress.)
>>
>> See below:
>>
>>
>> At 11:24 PM 10/5/2006, Sam Densler wrote:
>> >Looks like we finally have the City's attention over the anchoring
>> >ordinance. I have been told that the ordinance is not even enforced
>> >unless there is a complaint.
>>
>> Which places the boater in the clutches of any moron with a
>> telephone. Let's see... "I hate Sam, and I happen to know he is anchored
>> out at (fill in the name of city here), so I'll just call the cops there
>> and complain."
>
>
>
> With no offense to Tom, who is usually right on the money, and with
> probably just enough experience to get me in trouble, I get a different
> take on this.
>
> I the last 2 years, I've filed two suits against a state. One was in
> federal courts, which I recently won in the Federal Appeals court, and
> overturned the law. The other was in the state court, and is just about
> finished in the state supreme court. We've won, and the law as
> overturned. Trust me, if you have an option, this is not the way to go.
>
> I now spend a lot of time trying to educate a enough legislators so that
> we so we don't have a repeat. Education involves time AND money.
>
> At no cost and very little time spent, you're already past both these steps.
>
> My take is that they had a problem with derilect boats, and as most
> small towns do, they cobled together a law, with little research and not
> much thought as to the finer points of constitutionality, and passed it
> to solve their existing problem. Derilect boats were ticketed, and they
> either moved on or cleaned them up so nobody complained. Nobody filed a
> lawsuit, which probably could have been won if someone cared enough AND
> cared to invest around $50,000. (Probable legal fees for the case).
> Remember, these were derilect boats, and nobody in this case was going
> to come up with $50,000 to risk on a lawsuit.
>
> After the problem was solved, it says on the books. The town council
> had no desire to drive off the people who bring money in and they had no
> desire to hassle the visitors, but Barney Fife also can read the
> lawbooks and see what it says. Barney writes the tickes, or hassles
> people, the Judge checks the backing in the law. It's on the books. He
> can enforce it until someone comes up with the 50K and a desire to spend
> 2 years or so going after this. Like Norm.
>
> Town council finds out things aren't going as they (or, most likely
> their previous counterparts) had planned. Now they are asking for help
> in doing it right.
>
> You've been handed a gift that is so rare most of you don't recognise it
> as a gift. Damn, folks, go for it.
>
> Gene Gruender
>
>
--
****************************
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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