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Preemption Violation for Clare City Michigan

A

aadvark

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Clare City Code 30-74(a)(1) is Preempted by Michigan Codified Law 123.1102.

Please Contact The Clare City Manager at: (989) 386-7541, Extension No.: 102.

Please Contact The Clare City Parks Director at: (989) 386-7541, via: Cathy at Extension No.: 102.
 
J

jm62383

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White Cloud, MI
Sec. 30-74. - Firearms, hunting, trapping, fishing and fireworks.

(a)

It shall be unlawful to do any of the following acts upon city park lands:

(1)

Firearms and bows. Carry or possess a firearm or bow on any park lands, unless totally unloaded, disassembled and locked in a trunk or stored out of reach in accordance with state guidelines in section 227d of Public Act No. 328 of 1931 (MCL 750.227d).

(2)

Hunting and trapping. Hunt or trap any wildlife within a park boundary without proper written permission of the city.

(3)

Fireworks. Ignite an explosive powder or fireworks within park boundaries without proper written permission.

(b)

All state and federal laws pertaining to the hunting of game and nongame animals, and fishing will be enforced within the city park lands and adjacent waters.
 
PDinDetroit

PDinDetroit

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jm62383 said:
Sec. 30-74. - Firearms, hunting, trapping, fishing and fireworks.

(a)

It shall be unlawful to do any of the following acts upon city park lands:

(1)

Firearms and bows. Carry or possess a firearm or bow on any park lands, unless totally unloaded, disassembled and locked in a trunk or stored out of reach in accordance with state guidelines in section 227d of Public Act No. 328 of 1931 (MCL 750.227d).

(2)

Hunting and trapping. Hunt or trap any wildlife within a park boundary without proper written permission of the city.

(3)

Fireworks. Ignite an explosive powder or fireworks within park boundaries without proper written permission.

(b)

All state and federal laws pertaining to the hunting of game and nongame animals, and fishing will be enforced within the city park lands and adjacent waters.
Click to expand...

The bolded items above are directly in conflict with MCL 123.1102.
 
eastmeyers

eastmeyers

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Okay, who lives near Clare City? Who can simply go to a city council meeting and and show them the errors of their ways?

If I had transportation I would love to, especially if it were anytime near the figure 8 races! ;)
 
A

aadvark

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TheQ:

I Called Clare City, and They GRUDGINGLY Acknowledged that Their Ordinance was Preempted by Michigan Code 123.1102.

They said They will Enforce The Ordinance..., until; Michigan Code 123.1102 came up?, at which Point They Indicated that They would Cease Enforcement of The Ordinance.

aadvark
 
Last edited:
TheQ

TheQ

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aadvark said:
TheQ:

I Called Clare City, and They GRUDGINGLY Acknowledged that Their Ordinance was Preempted by Michigan Code 123.1102.

They said They will Enforce The Ordinance..., until; Michigan Code 123.1102 came up?, at which Point They Indicated that They would Cease Enforcement of The Ordinance.

aadvark
Click to expand...

Wait. So you called them and asked them if they were enforcing it an they said yes.

THEN you mentioned MCL 123.1102 and they said they'd stop?!?!

What a bunch of hog wash!
 
Bronson

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I took it to mean that they would continue to enforce it until somebody brought up 123.1102 as a defense then they would stop. Most likely they'll just drop that particular case and continue to enforce their illegal ordinance on others not as well versed in the law.

Bronson
 
TheQ

TheQ

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Bronson said:
I took it to mean that they would continue to enforce it until somebody brought up 123.1102 as a defense then they would stop. Most likely they'll just drop that particular case and continue to enforce their illegal ordinance on others not as well versed in the law.

Bronson
Click to expand...

Sounds like we need to find someone to OC and act dumb, don't bring up preemption -- get the ticket.

THEN:

1. Get it dismissed in court
2. Get a signed affidavit from aadvark summarizing his conversation with the city officials.
3. File an IA complaint against the officer that wrote the ticket.
4. File a complaint, with the affidavit against the city and the department with the Michigan Attorney General for unlawful policies/practices.
5. Sit back and eat popcorn.
 
A

aadvark

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TheQ:

Yeah..., They were Grudging about it..., but They Acknowledged The Illegality of Thier Ordinance in Accordance with The Terms of Michigan Preemption Statute 123.1102.

aadvark
 
A

aadvark

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smellslikemichigan:

I Asked Them to do so..., but, there was a Long Pause in which They gave No Answer.

aadvark
 
K

kubel

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aadvark said:
TheQ:

I Called Clare City, and They GRUDGINGLY Acknowledged that Their Ordinance was Preempted by Michigan Code 123.1102.

They said They will Enforce The Ordinance..., until; Michigan Code 123.1102 came up?, at which Point They Indicated that They would Cease Enforcement of The Ordinance.

aadvark
Click to expand...

I take that as meaning they will enforce everything that is not preempted (bows, fishing ,etc...).
 
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