klamath
09-29-2013, 09:57 AM
A group of citizens gathered enough signatures to place this measure on the local ballot. Several times the county illegally disqualified the first petitions. Finally with some help from local a joining counties the citizens were able to force the local government to admit enough signatures had been gathered to place the ordinance on the ballot. Great! Ah... not so fast the county is now suing to stop the ordinance from being placed on the ballot and the organizers for all the court costs to stop the measure.
On the web site the organizers mention a local deputy that won a judgment against the county for trying to stop his constitutional rights of free speech. All because he was writing to the local paper disagreeing with the antipot wars and writing to support Ron Paul.
Here is the proposed text of the measure and the link to the organizers website.
http://www.digallery.net/wethepeoplesreaffirmationofconstitutionalrights/index.html
We the People’s Reaffirmation of Constitutional Rights
TEXT OF PROPOSED LAW
SECTION 1. – Title
This act shall be known and may be cited as "We the People’s Reaffirmation of Constitutional Rights."
SEC. 2 – Findings and Purpose
The People of the County of Trinity do ordain the following laws and hereby make the following findings and
declarations as their purpose in enacting this act as follows:
The People of the County of Trinity hereby find and assert that the United States Constitution, Bill of Rights and the California Constitution declare the People’s Constitutional Rights to life, liberty, and the pursuit of happiness, and, under the California Constitution, the Right to own property.
(a) Our local government has abandoned their fiduciary duties to safeguard the use and investment of taxpayer dollars with nearly $76 million dollars of inadequately accounted for county assets in 2009, thereby placing the county in an economic emergency. The local government has schemed to replace lost funds by subjecting taxpayers and property owners to excessive and illegal taxes, assessments, fees and regulations that deprive taxpayers and property owners the right to secure and quiet enjoyment of their land and property, real and personal, tangible and intangible, as well as use of natural resources. This measure is to reaffirm the People’s Constitutional Rights to life, liberty, and the pursuit of happiness, and, under the California Constitution, the Right to own property.
(b) The People hereby assert and reaffirm that Trinity County’s land and resources belong to the People although the United States government claims without consent of the People, a "proprietorial interest" in the lands managed by the Federal agencies in Trinity County. This designation and any other does not supersede the Sheriff’s authority and jurisdiction as prescribed by the State of California to protect and enforce the health, safety and welfare of the public on these lands and in areas contiguous to these lands, including but not limited to the impact to real and personal property, land and natural resources held privately by the People of Trinity County.
SEC. 3 – No foreign interference or influence to be enacted
(a) Government, Agencies, Public Employees and Counsel shall not pass laws, regulations, acts, or rules incorporating or referencing laws or agendas from outside these United States, including but not limited to promulgations from foreign entities, including the United Nations.
(b) Government, Agencies, Public Employees and Counsel shall not incorporate, reference or adhere to any law, regulation, rule, or agenda affirming or upholding sustainability acts, laws, rules, or regulations, including but not limited to use of natural resources, land ownership and due process, that impose any restrictions on inalienable Constitutional rights.
(i) Referenced acts and treaties, which shall be deemed unconstitutional and void, shall include but are not limited to United Nations Convention on the Rights of the Child, which deprives persons of their parental rights, and the United Nations Arms Trade Treaty, which deprives citizens of their 2nd Amendment rights as well as rights and due process to personal property under the 4th Amendment.
SEC. 4 – Eminent Domain
(a) There will be a 30-year moratorium on any and all eminent domain actions.
(b) Such moratorium will stand after 30 years unless the people of Trinity County utilize the initiative
process to amend said section.
(c) All pending eminent domain procedures initiated within the last ten years shall be null and void.
(d) All pending eminent domain procedures shall cease, including but not limited to the cessation of all plans to construct the east side connector route in Weaverville that will deprive business owners and property owners of their property and investment.
SEC. 5 – General Plan and Ordinances
(a) There will be a 30-year moratorium on any changes to the General Plan of Trinity County.
(i) A property owner shall be able to develop and/or improve one’s land without variance, permit or associated fees if such improvements are on one’s own land for one’s own use.
(ii) This is not to preclude the recognized right to the development or improvement of one’s land, real property or business for commercial or sale purposes as long as it does not deprive the local community of secure and quiet enjoyment of their land and property, real and personal, tangible and intangible, as well as use of natural resources.
(b) Any and all unconstitutional changes and restrictions by any and all entities that deprive unalienable Constitutional rights, such as property rights and due process within the past 50 years, will be struck and nullified.
(c) Any and all unconstitutional changes to the General Plan and local ordinances that deprive unalienable Constitutional rights, such as property rights and due process within the past 50 years, will be struck and nullified.
(d) Ordinances to be struck include but are not limited to the Vegetation Management Ordinance (8.68) and the Nuisance Abatement Ordinance (8.64), which unconstitutionally allowed (i) abatement service fees, fines and liens to be attached as property taxes with illegal foreclosure enforcement; (ii) excessive zoning and code enforcement fines; (iii) ordinances illegally targeting certain classes of county residents and property owners; (iv) illegal taxation and enforcement of mandatory sewer infrastructure illegally imposed by non-elected agencies; (v) illegal taxation of fire-suppression fees.
(e) All existing liens on the above are null and void. No government entity shall attempt to circumvent this document by placing liens on land, real estate and/or personal property.
(f) Such moratorium will stand after 30 years unless the people of Trinity County utilize the initiative process to amend said section.
(g) Retract, abandon and rescind Ordinances 8.9.010 through 8.9.170
(h) Amend 8.9 to read: No Director, county employee, or appointed individual shall ever have any powers of warrant or search or right to enter private property. Only the Sheriff or his sworn deputies who have taken the oath to defend the Constitution for the People shall have the right to obtain legal search warrants, which must be signed by an elected Judge per California State Law in order to enter private property to enforce the law. The only exception to this shall be for out-of-county law enforcement working with written authorization in cooperation and coordination with the Sheriff and his deputies are mandated to obtain valid warrant from an elected Judge to ensure no Constitutional rights of the People are violated.
SEC. 6 – No infringement on use of real and personal property and natural resources
(a) The rights of the People of Trinity County shall be safeguarded to farm, ranch, fish, hunt and utilize land, real and personal property to provide an income and sustenance to their family and community as well as use for unrestricted pleasure and enjoyment activities such as biking, hunting, fishing, mining and swimming.
(b) No restrictions shall be levied against use of public and/or private natural resources, such as agricultural production, mineral rights and water, to include no mandatory use of well-metering or restrictions thereof.
(c) Rights are declared to utilize natural resources include everything growing and all material above ground and below the surface, including but not limited to timber, minerals, water and natural gas.
(d) All departments, committees and commissions, either short term or long range, that were created to regulate land and property use shall be terminated immediately & eliminated.
(e) Any and all persons involved in private or commercial / public access building construction that require proof of public safety compliance shall obtain at their own expense the services of a State of California certified engineer with building construction and safety expertise to assist in reviews.
(f) All functions of departments, agencies, committees and commissions as per Sec. 6 (d) will be performed by the Board of Supervisors as was done in the past. The Board of Supervisors may employ or contract a maximum of three part-time assistants to assist the Board with serving the needs of the people.
(i) All building inspections, when desired by the land owner, shall be performed and shall be issued under County authority by any engineer licensed by the State of California to certify, at the sole expense of the owner, compliance with the California Uniform Building Code when that is useful to the property owner.
(ii) All funding, buildings, equipment and resources previously allocated for such departments, agencies, commissions and committees will be assigned to the Sheriff’s Department for expansion of patrol services with an emphasis on providing public safety service to outlying communities.
(iii) This Act hereby declares the uniform building code of California not applicable to any private property for violations of the 4th Amendment. An occupancy permit, if sought for commercial public access structures, shall be issued under county authority by any licensed engineer to certify, at the sole expense of the owner, compliance with the California Uniform Building Code when that is useful to the property owner.
(iv) Occupancy permits when useful to the property owner for residential dwellings shall be issued under county authority by any licensed engineer to certify, at the sole expense of the owner, compliance with the California Uniform Building Code. No code compliance shall be required; only compliance with modern prudent engineering standards of safety shall apply.
(v) Fees for inspections shall not exceed 1% of the construction costs, excluding labor and professional costs, for all public occupancy commercial construction and voluntarily requested inspections for private structures.
(vi) The County shall not write or enforce illegal Underground Rules previously written by the Board of Supervisors as such actions are unconstitutional and can cause the loss of all mandate funds from both the State of California and the Federal government.
(vii) The Sheriff may condemn any public safety hazard and require correction before relief is granted.
SEC. 7 – Enforcement
Government, Agencies, Public Employees and Counsel shall not violate the provisions of this Act. The provisions and violations of this Act shall be enforced both civilly and criminally by the duly-elected Sheriff.
Violations shall be deemed misdemeanors, and such persons violating the rights of Trinity County citizens will be held accountable, both civilly and criminally, as well as in personal and professional capacities with no
immunities.
(a) The Trinity County District Attorney shall, as a first priority, be required to defend, uphold and enforce to the full extent of the law the provisions and legislation within this Act. Furthermore, the District Attorney shall at a public meeting take an oath to uphold the U.S. Constitution, the Bill of Rights and State of California Constitution.
(b) Each and every violation of this Act shall be a misdemeanor unless a greater penalty is provided elsewhere, in which case the greater penalties shall apply.
(c) Any violators of this act shall be subject to immediate and permanent termination from employment with the County of Trinity. If an elected official violates this or any of the People’s Acts passed through the initiative process, it will be cause for immediate termination of their term in office as well.
SEC. 8 – Liberal Construction
The provisions of this Act shall be liberally construed to effectuate its purposes of limiting local government
regulation and revenue and enhancing taxpayer and citizen rights and protections thereof.
SEC. 9 – Severability
If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining sections shall not be affected, but shall remain in full force and effect, and to this end the provisions of this act are severable.
On the web site the organizers mention a local deputy that won a judgment against the county for trying to stop his constitutional rights of free speech. All because he was writing to the local paper disagreeing with the antipot wars and writing to support Ron Paul.
Here is the proposed text of the measure and the link to the organizers website.
http://www.digallery.net/wethepeoplesreaffirmationofconstitutionalrights/index.html
We the People’s Reaffirmation of Constitutional Rights
TEXT OF PROPOSED LAW
SECTION 1. – Title
This act shall be known and may be cited as "We the People’s Reaffirmation of Constitutional Rights."
SEC. 2 – Findings and Purpose
The People of the County of Trinity do ordain the following laws and hereby make the following findings and
declarations as their purpose in enacting this act as follows:
The People of the County of Trinity hereby find and assert that the United States Constitution, Bill of Rights and the California Constitution declare the People’s Constitutional Rights to life, liberty, and the pursuit of happiness, and, under the California Constitution, the Right to own property.
(a) Our local government has abandoned their fiduciary duties to safeguard the use and investment of taxpayer dollars with nearly $76 million dollars of inadequately accounted for county assets in 2009, thereby placing the county in an economic emergency. The local government has schemed to replace lost funds by subjecting taxpayers and property owners to excessive and illegal taxes, assessments, fees and regulations that deprive taxpayers and property owners the right to secure and quiet enjoyment of their land and property, real and personal, tangible and intangible, as well as use of natural resources. This measure is to reaffirm the People’s Constitutional Rights to life, liberty, and the pursuit of happiness, and, under the California Constitution, the Right to own property.
(b) The People hereby assert and reaffirm that Trinity County’s land and resources belong to the People although the United States government claims without consent of the People, a "proprietorial interest" in the lands managed by the Federal agencies in Trinity County. This designation and any other does not supersede the Sheriff’s authority and jurisdiction as prescribed by the State of California to protect and enforce the health, safety and welfare of the public on these lands and in areas contiguous to these lands, including but not limited to the impact to real and personal property, land and natural resources held privately by the People of Trinity County.
SEC. 3 – No foreign interference or influence to be enacted
(a) Government, Agencies, Public Employees and Counsel shall not pass laws, regulations, acts, or rules incorporating or referencing laws or agendas from outside these United States, including but not limited to promulgations from foreign entities, including the United Nations.
(b) Government, Agencies, Public Employees and Counsel shall not incorporate, reference or adhere to any law, regulation, rule, or agenda affirming or upholding sustainability acts, laws, rules, or regulations, including but not limited to use of natural resources, land ownership and due process, that impose any restrictions on inalienable Constitutional rights.
(i) Referenced acts and treaties, which shall be deemed unconstitutional and void, shall include but are not limited to United Nations Convention on the Rights of the Child, which deprives persons of their parental rights, and the United Nations Arms Trade Treaty, which deprives citizens of their 2nd Amendment rights as well as rights and due process to personal property under the 4th Amendment.
SEC. 4 – Eminent Domain
(a) There will be a 30-year moratorium on any and all eminent domain actions.
(b) Such moratorium will stand after 30 years unless the people of Trinity County utilize the initiative
process to amend said section.
(c) All pending eminent domain procedures initiated within the last ten years shall be null and void.
(d) All pending eminent domain procedures shall cease, including but not limited to the cessation of all plans to construct the east side connector route in Weaverville that will deprive business owners and property owners of their property and investment.
SEC. 5 – General Plan and Ordinances
(a) There will be a 30-year moratorium on any changes to the General Plan of Trinity County.
(i) A property owner shall be able to develop and/or improve one’s land without variance, permit or associated fees if such improvements are on one’s own land for one’s own use.
(ii) This is not to preclude the recognized right to the development or improvement of one’s land, real property or business for commercial or sale purposes as long as it does not deprive the local community of secure and quiet enjoyment of their land and property, real and personal, tangible and intangible, as well as use of natural resources.
(b) Any and all unconstitutional changes and restrictions by any and all entities that deprive unalienable Constitutional rights, such as property rights and due process within the past 50 years, will be struck and nullified.
(c) Any and all unconstitutional changes to the General Plan and local ordinances that deprive unalienable Constitutional rights, such as property rights and due process within the past 50 years, will be struck and nullified.
(d) Ordinances to be struck include but are not limited to the Vegetation Management Ordinance (8.68) and the Nuisance Abatement Ordinance (8.64), which unconstitutionally allowed (i) abatement service fees, fines and liens to be attached as property taxes with illegal foreclosure enforcement; (ii) excessive zoning and code enforcement fines; (iii) ordinances illegally targeting certain classes of county residents and property owners; (iv) illegal taxation and enforcement of mandatory sewer infrastructure illegally imposed by non-elected agencies; (v) illegal taxation of fire-suppression fees.
(e) All existing liens on the above are null and void. No government entity shall attempt to circumvent this document by placing liens on land, real estate and/or personal property.
(f) Such moratorium will stand after 30 years unless the people of Trinity County utilize the initiative process to amend said section.
(g) Retract, abandon and rescind Ordinances 8.9.010 through 8.9.170
(h) Amend 8.9 to read: No Director, county employee, or appointed individual shall ever have any powers of warrant or search or right to enter private property. Only the Sheriff or his sworn deputies who have taken the oath to defend the Constitution for the People shall have the right to obtain legal search warrants, which must be signed by an elected Judge per California State Law in order to enter private property to enforce the law. The only exception to this shall be for out-of-county law enforcement working with written authorization in cooperation and coordination with the Sheriff and his deputies are mandated to obtain valid warrant from an elected Judge to ensure no Constitutional rights of the People are violated.
SEC. 6 – No infringement on use of real and personal property and natural resources
(a) The rights of the People of Trinity County shall be safeguarded to farm, ranch, fish, hunt and utilize land, real and personal property to provide an income and sustenance to their family and community as well as use for unrestricted pleasure and enjoyment activities such as biking, hunting, fishing, mining and swimming.
(b) No restrictions shall be levied against use of public and/or private natural resources, such as agricultural production, mineral rights and water, to include no mandatory use of well-metering or restrictions thereof.
(c) Rights are declared to utilize natural resources include everything growing and all material above ground and below the surface, including but not limited to timber, minerals, water and natural gas.
(d) All departments, committees and commissions, either short term or long range, that were created to regulate land and property use shall be terminated immediately & eliminated.
(e) Any and all persons involved in private or commercial / public access building construction that require proof of public safety compliance shall obtain at their own expense the services of a State of California certified engineer with building construction and safety expertise to assist in reviews.
(f) All functions of departments, agencies, committees and commissions as per Sec. 6 (d) will be performed by the Board of Supervisors as was done in the past. The Board of Supervisors may employ or contract a maximum of three part-time assistants to assist the Board with serving the needs of the people.
(i) All building inspections, when desired by the land owner, shall be performed and shall be issued under County authority by any engineer licensed by the State of California to certify, at the sole expense of the owner, compliance with the California Uniform Building Code when that is useful to the property owner.
(ii) All funding, buildings, equipment and resources previously allocated for such departments, agencies, commissions and committees will be assigned to the Sheriff’s Department for expansion of patrol services with an emphasis on providing public safety service to outlying communities.
(iii) This Act hereby declares the uniform building code of California not applicable to any private property for violations of the 4th Amendment. An occupancy permit, if sought for commercial public access structures, shall be issued under county authority by any licensed engineer to certify, at the sole expense of the owner, compliance with the California Uniform Building Code when that is useful to the property owner.
(iv) Occupancy permits when useful to the property owner for residential dwellings shall be issued under county authority by any licensed engineer to certify, at the sole expense of the owner, compliance with the California Uniform Building Code. No code compliance shall be required; only compliance with modern prudent engineering standards of safety shall apply.
(v) Fees for inspections shall not exceed 1% of the construction costs, excluding labor and professional costs, for all public occupancy commercial construction and voluntarily requested inspections for private structures.
(vi) The County shall not write or enforce illegal Underground Rules previously written by the Board of Supervisors as such actions are unconstitutional and can cause the loss of all mandate funds from both the State of California and the Federal government.
(vii) The Sheriff may condemn any public safety hazard and require correction before relief is granted.
SEC. 7 – Enforcement
Government, Agencies, Public Employees and Counsel shall not violate the provisions of this Act. The provisions and violations of this Act shall be enforced both civilly and criminally by the duly-elected Sheriff.
Violations shall be deemed misdemeanors, and such persons violating the rights of Trinity County citizens will be held accountable, both civilly and criminally, as well as in personal and professional capacities with no
immunities.
(a) The Trinity County District Attorney shall, as a first priority, be required to defend, uphold and enforce to the full extent of the law the provisions and legislation within this Act. Furthermore, the District Attorney shall at a public meeting take an oath to uphold the U.S. Constitution, the Bill of Rights and State of California Constitution.
(b) Each and every violation of this Act shall be a misdemeanor unless a greater penalty is provided elsewhere, in which case the greater penalties shall apply.
(c) Any violators of this act shall be subject to immediate and permanent termination from employment with the County of Trinity. If an elected official violates this or any of the People’s Acts passed through the initiative process, it will be cause for immediate termination of their term in office as well.
SEC. 8 – Liberal Construction
The provisions of this Act shall be liberally construed to effectuate its purposes of limiting local government
regulation and revenue and enhancing taxpayer and citizen rights and protections thereof.
SEC. 9 – Severability
If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining sections shall not be affected, but shall remain in full force and effect, and to this end the provisions of this act are severable.