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Local Ordinance question...

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Bikenut

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Found this bit of stuff in the local ordinances of St. Charles Michigan under "parks".

http://library1.municode.com/default-test/home.htm?infobase=12089&doc_action=whatsnew

Sec. 14-33. Enforcement.

(a)Officials. The director and any park attendant shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.

(b)Ejectment. The director and any park attendant shall have the authority to eject from the park any person acting in violation of this article.

(c)Seizure of property. The director and any park attendant shall have the authority to seize and confiscate any property, thing or device, in the park, or used, in violation of this article.

Isn't this giving police powers to local officials?

Oh... here is a great resource for finding local ordinances:

http://www.law.msu.edu/library/substantive/local.html

Sorry all... was in a hurry when I posted before and didn't add cites for ya's. I guess I lose 10,000 atta boys now.:(
 
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Bikenut

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stainless1911 wrote:
Wheres the article?

It would be ill advised for anyone not wearing a police uniform to attempt to disarm a law abiding citizen with a gun. (or a criminal with a gun)
Click to expand...
Sorry.... I edited the OP to give more info....

I've already sent a letter addressing the illegal ordinance concerning firearms in the park.
 
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Bikenut

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Bump... because I'm really curious about the ordinance contained in my OP.... and I hope someone has some comments?

I can't imagine what would happen if a park official tried to seize someone's OC'ed sidearm.........
 
PDinDetroit

PDinDetroit

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Location
SE, Michigan, USA
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There is so much wrong with these ordinances, I am not sure where to begin. It certainly does not sound like you can have "any" fun in this park if they wanted to enforce "letter of the law".

The following screams out like authorized stealing/seizure:

(c) Seizure of property. The director and any park attendant shall have the authority to seize and confiscate any property, thing or device, in the park, or used, in violation of this article.
Click to expand...
My thought is that this would directly violate the 14th Amendment statement below.

nor shall any State deprive any person of life, liberty, or property, without due process of law
Click to expand...
IMO, the Due Process of Law includes a trial of some kind not just a single individual, like a park attendant, determining outcome of property ownership.

I would pose the question to the ACLU and see what they say about this ordinance (not that I like this group, but they might have a use here).
 
DrTodd

DrTodd

Michigan Moderator
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Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
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You would most likely get a summons in the mail with the confiscation. The practice of giving the power to enforce ordinances is common... think building inspector. I know that animal control officers, although not given general police powers, have police powers when they are dealing with animals...and this power comes from their position with a city or county. They are not required to have MCOLES training.

Example:

City Code of Grand Rapids
ARTICLE 2. - DOGS
Sec. 9.208. - Enforcement.
[align=left] This Chapter may be enforced by any Grand Rapids Police Officer, any State or County law enforcement officer, any Animal Control officer or other authorized employee of the Kent County Health Department or by any City employee authorized to do so by the City Manager. [/align] [align=left](Ord. No. 2003-06, § 1, 1-28-03)[/align]
 
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Bikenut

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scot623 wrote:
Either way, the park ordinance is all sorts of wrong. Email, then visit city council. Seems to be a very effective one-two punch.
Click to expand...
Did the email on the park ordinance... waiting for reply.
 
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