South Haven ordinences that need to be updated.

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I became curious about South Havens ordinances because of a conversation with a city employee who shall remain nameless for personal reasons.

As a result I got a copy of the SH ordinances and went through every single one and found two that have unenforceable parts in them due to preemption. Now I would like to have this corrected but I am afraid that if my name was attached to this it could get a certain employee into hot water for bringing this to my attention. So I am asking either another member or MOC itself to send a letter informing them of the needed corrections.

OK here are the ordinences.
The portions to be removed are highlighted in yellow.
[align=left][font="Arial-BoldMT, sans-serif"]Sec. 58-83. Prohibited activities.[/font][/align] [align=left][font="ArialMT, sans-serif"]No person or organization shall do any of the following activities in a park without the[/font][/align] [align=left][font="ArialMT, sans-serif"]written consent of the city manager. The person or organization may appeal the city manager’s[/font][/align] [align=left][font="ArialMT, sans-serif"]decision to the city council should they feel the need to do so.[/font][/align] [align=left][font="ArialMT, sans-serif"](1) Hold or participate in any parade, drill, exhibition or political or religious meeting.[/font][/align] [align=left][font="ArialMT, sans-serif"](2) Speak publicly or deliver oration, address, speech, sermon or lecture.[/font][/align] [align=left][font="ArialMT, sans-serif"](3) Carry or use any firearm of any description, air rifles or slingshots or discharge[/font][/align] [align=left][font="ArialMT, sans-serif"]any fireworks or explosive devices of any nature.[/font][/align] [align=left][font="ArialMT, sans-serif"](4) Erect any structure.[/font][/align] [align=left][font="ArialMT, sans-serif"](5) Canvass, advertise, solicit, vend or rent any service, merchandise or object of[/font][/align] [align=left][font="ArialMT, sans-serif"]any kind.[/font][/align] [align=left][font="ArialMT, sans-serif"](6) Hold or participate in any public function other than those conducted by the city.[/font][/align] [align=left][font="ArialMT, sans-serif"](7) For any gatherings in excess of 500 people, chapter 42 of this Code shall apply.[/font][/align] [font="ArialMT, sans-serif"](Code 1965, Sec. 8.07; Ord. No. 747, Sec. 1, 11-28-91)[/font]


[font="Arial-BoldMT, sans-serif"]Sec. 18-34. Enumeration of forbidden acts.[/font]
[align=left][font="ArialMT, sans-serif"]Within the cemetery, no person shall loiter, litter, use profane language, bring in or[/font][/align] [align=left][font="ArialMT, sans-serif"]consume any alcoholic beverage or controlled substance, peddle or solicit the sale of any[/font][/align] [align=left][font="ArialMT, sans-serif"]commodity unconnected to cemetery usage, place signs or notices, possess firearms unless the[/font][/align] [align=left][font="ArialMT, sans-serif"]person is a duly authorized law enforcement officer or a duly authorized military escort for a[/font][/align] [align=left][font="ArialMT, sans-serif"]veteran's funeral or memorial service, allow animals to run at large or otherwise beyond his[/font][/align] [align=left][font="ArialMT, sans-serif"]control, or engage in any play or recreational activity.[/font][/align] [font="ArialMT, sans-serif"](Ord. No. 772, Sec. 12.08(c), 12-21-92)[/font]


[font="ArialMT, sans-serif"]In the discharge of firearms rules they have an exception for lawful self defense of yourself or others.

UPDATE

[/font]Ok here is and update on the South Haven ordinance issue!

See link for details http://shrgc.org/index_files/news_article.html

In short the city attorney told them that OC can be regulated in the city and as such it is OK for the police to enforce the ordinances. He said CC was ok... where he seemed to have gone wrong was when he failed to include the AG opinions in his research. He also apparently feels that the Ferndale case does not apply.

Now I know this Attorney and I have been less than impressed with him in the past so this does not surprise me.

At this time the City Manager is seeking another opinion so the saga goes on.

A big thanks to Dan Hosier SH Rod and Gun Club and John Matthews for speaking on behalf of OC.

I will update this thread as needed until this is resolved!
[font="ArialMT, sans-serif"] [/font]

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I am hereby empowering you to do this yourself! It's easy! Just copy the letter the rest of us used, and modify it to match your specifications!

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Write it, post it and I'm sure someone will send it.

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I will be busy most of today but will try to have it up by Sunday afternoon!

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here it is on next post if you have an email to the city of south haven I can zap it over to them

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City of South Haven

It has come to my attention that you have an ordinance that bans firearms from commission buildings. This ordinance is unlawful

and unenforceable due to MCL 123.1102. The offending ordinance is below.









No person or organization shall do any of the following activities in a park without the

written consent of the city manager. The person or organization may appeal the city manager’s

decision to the city council should they feel the need to do so.

(1) Hold or participate in any parade, drill, exhibition or political or religious meeting.

(2) Speak publicly or deliver oration, address, speech, sermon or lecture.

(3) Carry or use any firearm of any description, air rifles or slingshots or discharge

any fireworks or explosive devices of any nature.

(4) Erect any structure.

(5) Canvass, advertise, solicit, vend or rent any service, merchandise or object of

any kind.

(6) Hold or participate in any public function other than those conducted by the city.

(7) For any gatherings in excess of 500 people, chapter 42 of this Code shall apply.

(Code 1965, Sec. 8.07; Ord. No. 747, Sec. 1, 11-28-91)


Sec. 18-34. Enumeration of forbidden acts.
Within the cemetery, no person shall loiter, litter, use profane language, bring in or

consume any alcoholic beverage or controlled substance, peddle or solicit the sale of any

commodity unconnected to cemetery usage, place signs or notices, possess firearms unless the

person is a duly authorized law enforcement officer or a duly authorized military escort for a

veteran's funeral or memorial service, allow animals to run at large or otherwise beyond his

control, or engage in any play or recreational activity.

(Ord. No. 772, Sec. 12.08(c), 12-21-92)










As you may or may not know, in 1990 the State of Michigan passed MCL 123.1102 which provides, in pertinent part: A local unit

of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any

other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms,

ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law

or a law of this state.

In MCRGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon

firearms possession.

THE MICHIGAN APPEALS COURT CONCLUDED April 29, 2003 9:10 am. v No. 242237

In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting

and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any

ordinance or regulation of a local unit of government concerning these areas.

Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which

were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local

regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and,

consequently, we reverse.

Please alter this ordinance and any others you may have the ban firearms from government properties, so that it/they comply

with state law. Failure to do so is a violation of MCL 123.1102 and is subject to legal actions including civil litigation, as was filed

upon the City of Ferndale in 2003.

Please respond to my request within 10 business days. You may respond via by email at my personal email address of

gcannon@miopencarry.org . I thank you for your time and consideration in this matter.

Respectfully, G. Cannon

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just sent it to the city of south haven.:celebrate:celebrate

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Thank you I will explain in PM why I didn't feel I should send it.

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You will need to contact the City Manager with this issue.

g Brandy Gildea // Parks and Cemetery Supervisor
City of South Haven // Office (269) 637-0772//Fax (269) 637-4778
Department of Public Works // 1199 8th Ave, South Haven , MI 49090 // www.south-haven.com






so I sent the letter to the city manager

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cool beans!

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NOTE I moved the update to the first post!!

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autosurgeon wrote:

Ok here is and update on the South Haven ordinance issue!

See link for details http://shrgc.org/index_files/news_article.html

In short the city attorney told them that OC can be regulated in the city and as such it is OK for the police to enforce the ordinances. He said CC was ok... where he seemed to have gone wrong was when he failed to include the AG opinions in his research. He also apparently feels that the Ferndale case does not apply.

Now I know this Attorney and I have been less than impressed with him in the past so this does not surprise me.

At this time the City Manager is seeking another opinion so the saga goes on.

A big thanks to Dan Hosier SH Rod and Gun Club and John Matthews for speaking on behalf of OC.

I will update this thread as needed until this is resolved!

Click to expand...

Hey that lawyer and I got our law degree from the same place!

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yeah he is a dork....:banghead:

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Sameattorney that told the cops to charge Chris Fetters? :lol:

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Do you want MOC to officially send a letter? Let me know and I will. What troubles me here is that it's one thing for a city to have an ordinance but not enforce it, it's different when they feel they CAN enforce it. So I'm all for a picnic in South Haven, it's a nice touristy place.

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If you could send one of your famous markups... you know where you insert the parts the lame attorney left out I would appreciate it! I will PM you with details of why I am maintaining a low profile in this one!

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Sent it to the Mayor, Manager, and police chief. Now we wait.

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What I found as troubling with the ordinance is this...
[font="ArialMT, sans-serif"]
[align=left][font="ArialMT, sans-serif"]No person or organization shall do any of the following activities in a park without the [/font][font="ArialMT, sans-serif"]written consent of the city manager.[/font][/align][/font]
[align=left][font="ArialMT, sans-serif"](2) Speak publicly or deliver oration, address, speech, sermon or lecture.[/font][/align]

[align=left][font="ArialMT, sans-serif"](6) Hold or participate in any public function other than those conducted by the city. [/font][/align]

[align=left]First Amendment anybody?[/align]

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Does the city manager go by the name Adolf?springerdave.